Preventing Abuse to Conduct Pre-Election Campaign.
Pre–election programs (pre-referendum calls) of the candidates, political parties, blocks of political parties and campaign groups on referendum registered in compliance with the Criminal Code, Code of Administrative Offences and Civil Code of the Azerbaijan Republic, meetings and pre – election campaign materials distributed by mass media and speeches should not contain incitements to capture the government by force, to change the constitutional system by force, to violate the territorial integrity of the country, to insult citizens honour and dignity.
When conducting a pre-election campaign in compliance with the Criminal Code of the Republic of Azerbaijan, it shall be prohibited to abuse the mass media for campaigns, which incite social, racial, national and religious hatred and hostility.
According to Article 30 of the Constitution of the Republic of Azerbaijan and the Civil Code of the Republic of Azerbaijan, it shall be prohibited to conduct a campaign, which violates intellectual property rights.
Candidates, registered candidates, political parties, blocks of political parties, campaign group on referendum and their agents who participate in pre-election campaign directly or indirectly, as well as other persons and organizations shall be prohibited from:
88.4.1. giving money, gifts and other valuable things (except for badges, stickers, posters and campaign materials with other nominal value) to voters, excepting purposes for performance of organizational works;
88.4.2. depending on results of voting, rewarding the voters who performed organizational works, or promising to reward them;
selling goods at a discount, providing goods (except for printed materials) free of charge;
providing free or discounted services;
influencing the voters during the pre-election campaign by promising them securities, as well as other goods, money and other services that contradict with the legislation.
88.5. Registered candidates, agents and authorized representatives of political parties, blocks of political parties as well as their founders, owners, and members of managing bodies, initiators of established campaign groups on referendum, or legal entities, persons and organizations, which are mentioned as authorized representatives of such groups and their commercial and other activities can be advertised (provided that the advertisement clearly displays the relationship to a candidate or political party) according to the rules mentioned in Articles 81 and 84 of this Code from the relevant election (referendum) funds. Such advertisement should be terminated 24 hours prior to the commencement of voting.
88.6. If TV and radio companies and periodicals mentioned in Articles 77.1 and 77.4 of this Code participate in the pre-election campaign and do not create conditions for a registered candidate, before the pre-election campaign finishes, to defend his/her dignity and honour or to disprove misinformation about him/her during the pre-election campaign, TVs, radio companies and periodicals should prevent distribution and broadcast of false information which impugns the dignity and honour of the candidate. If programs of TV and radio companies and periodicals mentioned in Articles 77.1 and 77.4 of this Code do not provide a registered candidate with conditions to defend his/her dignity and honour on the air and periodicals by the end of the pre-election campaign, TV and radio companies and periodicals and their high officials can be subject to liability established by the legislation.
88.7. If a registered candidate or campaign group on referendum violates Articles 88.1-88.3. of the present Code, the relevant election commission should apply to the court with a request, and other state bodies can use this right as well. If the registered candidate, political party, block of political parties, or campaign group on referendum violates other rules defined by this Code for conduct of pre-election campaign, the relevant election commission shall warn through its decision the registered candidates, political party, block of political parties, or the campaign group on referendum or apply to the court to stop illegal campaign. The relevant decision of election commission shall be published on press.
88.8. If TV, radio companies and periodicals violate the rules for pre-election campaigning defined by this Code, the relevant election commission shall have the right to apply to the law enforcement bodies, the court and the relevant executive authorities, upon initiative of the subordinate press group consisting of journalists in the order defined by the Central Election Commission, with a request to stop illegal pre-election campaigning, and to take necessary measures about these companies and periodicals and their officials.
