Home > 2.1.1 Electoral commissions > AZERBAIJAN - Election Code
 
 
 
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Article 17
 

Principles of Election (Referendum) Bodies’ Activity.

 

17.1     Elections and referenda in the Republic of Azerbaijan shall be organized and held by election (referendum) commissions.

 

17.2     Within the authorities established by this Code, election (referendum) bodies – election (referendum) commissions shall ensure the preparation and holding of elections (referendum), determination of voting results and election (referendum) outcomes, realization and protection of citizens’ suffrage, and control the observation of the mentioned rights.

 

17.3     Within the boundaries of the authority established by this Code, the election (referendum) commissions shall not depend on State bodies, municipal institutions, political parties, non-government organizations and other public organizations, other legal entities and physical persons with regard to preparation and holding of elections (referendum); and they and their officials be not allowed to intervene in the activity of election (referendum) commissions. Persons intervening in or influencing the work of election (referendum) commissions shall bear administrative or criminal liability, in accordance with the Criminal Code or the Code of Administrative Offences.

 

17.4     Decisions and acts adopted by election (referendum) commissions within their authorities established by this Code shall be obligatory for state bodies, municipalities functioning within the relevant territory, candidates, registered candidates, political parties, non-governmental organizations, other public organizations, referendum campaign groups, officials and voters.  Decisions of superior election commissions shall be obligatory for lower election commissions.

 

17.5     Within the authorities established by this Code, the election (referendum) commissions shall have the right to use the State Automated Information System with the purpose to inform the voters about the course of preparation and holding of the elections (referenda), its results, to obtain, collect, complete, re-process, transmit and preserve the information used during preparation and holding of elections (referenda), as well as to provide information about activity of election (referendum) commissions, providing that the information on voters is protected and not disseminated.

 

17.6     During organization and holding of elections (referenda), the election (referendum) commissions, their members and other officials should follow the requirements, when undertaking their activities as given below:

17.6.1 should organize and hold elections (referenda), based on the Law; laws should be implemented fully, equally and impartially;

17.6.2. should treat every political party, referendum campaign group, candidate, voter and other participants of election (referendum) campaign fairly and equally within law;

17.6.3. should be neutral and impartial towards a candidate, political party, referendum campaign groups and voters;

17.6.4. should not admit any actions directed to or that can be understood as support of any candidate, political party, referendum campaign group;

17.6.5. should not admit a conflict of official and personal interests as an administrator of elections (referenda);

17.6.6. should not take any presents or gifts from participators of election (referendum) campaign;

17.6.7. should not execute directions or instructions, which are illegal and contradicting their duties;

17.6.8. should not take part in any action and acts that conflict with their duties; 

17.6.9. should not take part in activity (including private activity) that can lead to a preconceived attitude towards any candidate, political party, referendum campaign group;

17.6.10.should not express its position within any political disputes related to elections (referenda);

17.6.11.           should not have any relation with a voter in respect of the election issues of political nature;

17.6.12.           should not bear or distribute symbols of any political party or anyhow express their attitude to any political party;

17.6.13.           should not comment, based on own conclusion, on the decisions made, except for meetings of election commissions;

17.6.14.           should make possible acquirement of the information that can affect taking of any decision;

17.6.15.           should create opportunities for voters, persons, who have right to participate in conduct of election (referendum) actions and to get acquainted with documents and information based on Law;

17.6.16            should create conditions for collection, investigation, and regular unambiguous and clear publication of information;

17.6.17.           should take possible measures to ensure voters’ participation in elections (referendum);

17.6.18.           should take measures for correct understanding of election (referendum) campaign by voters;

17.6.19.           should create all opportunities for participation of disabled voters or voters with other physical deficiencies living in distant or almost impassable places and who need special voting conditions