Home > 2.6 Campaign finance > AZERBAIJAN - Election Code
 
 
 
Download file    
 
 
Article 90
 

 Election (Referendum) Funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties and Initiative Groups on Referendum.

90.1.    In order to finance activities of candidates, registered candidates, political parties or blocks of political parties, which nominate candidates or have candidates registered, and referendum campaign groups, the election (referendum) funds (hereafter referred to as election funds) shall be created.

90.2.    The following shall be prohibited from rendering voluntary donations and assistance in kind or through service provision to election funds of candidates, registered candidates, political parties, blocks of political parties, and campaign groups on referendum:



Foreign countries and foreign legal entities;



Foreign citizens;



Persons without citizenship;



Citizens who are under 18 years of age;



Legal entities of the Republic of Azerbaijan, if on the day of official publication of the decision to define elections, more than 30% of the charter (property) capital of the legal entity of the Republic of Azerbaijan belongs to the persons mentioned in Articles 90.2.1, 90.2.2 and 90.2.3 of this Code;



International organizations and international public movements;



State bodies, and municipalities;



State and municipal organizations and offices;



If on the day of official publication of the decision to define elections, legal entities, with more than 30% of the charter capital belonging to state or municipality;



Military units;



Charitable organizations, religious associations, offices and organizations;



Anonymous donation provider who does not indicate one of the following pieces of information:



            For a citizen:



Name, surname, middle name;



Batch and serial number, date of issue, of his/her identification document or a document substituting it;



His/her address;



Birth of date;



 

         For a legal entity:



Identification number of taxpayer;



Name;



Date of registration;



Bank account;



About shares owned by state or municipalities in their charter capital and their amount, and amount of foreign shares in their charter capital – misinforming or not informing thereabout



 

90.3.    A candidate, registered candidate, political party, block of political parties, and campaign group on referendum shall have the right to give instructions on how to use the election fund created by themselves. Election funds should be spent for special purposes. They can be used only for the following purposes:



To finance organizational-technical actions for collection of signatures, to support nomination of candidates and to get approval for becoming a member of a referendum campaign group, as well as to pay for relevant signature;



To pay expenses regarding pre-election campaign, as well as information and consulting services;



Expenses regarding other works during the pre-election campaign performed by legal entities and citizens;





Candidates, registered candidates, political parties, blocks of political parties, campaign groups on referendum shall use money transferred to their election funds accounts in accordance with the rule defined by this Code up to the voting day. Candidates, registered candidates, political parties, blocks of political parties, campaign groups on referendum shall be prohibited from using the funds, other than the election funds, for pre-election campaigning activities and collecting of signatures. These rules, except the cases mentioned in the Articles 55.3 and 69.8 of this Code, shall not concern the funds used by the political parties for their other purposes not related to the election campaign and not considered pre – election campaign.





The candidate that has not been registered with the relevant election commission, the political party or block of political parties which candidate has not been registered can pay back the unused amount of the election funds (providing that delivery expenses are excluded) to the donor citizens and legal entities, in the amount appropriate to proportional correlation of the transferred donations, until the final financial report is submitted. If the unregistered candidate, political party or block of political parties with an unregistered candidate does not use this right, then the unused money shall be transferred correspondingly to the state or municipal budget.





Unless the monetary funds allocated by relevant election commissions for the registered candidate, political party or block of political parties with a registered candidate are returned, and the political party or blocks of political parties reimburse TV and radio companies and editorial offices of periodicals for free airtime and space in periodicals, it shall be prohibited to return the unused amount of the election funds to the citizens and legal entities that donated money to their election funds. In such case, the political parties, blocks of political parties shall firstly return the funds of the election commission.





After the funds of the election commission are returned and TV and radio companies and editorial offices of periodicals are reimbursed for free airtime and space in periodicals, the registered candidate, the political party or block of political parties with a registered candidate can transfer the unused amount of the election funds to settlement accounts of the donor citizens and legal entities, in the manner provided for in Article 90.5 of this Code. If the registered candidate, the political party or block of political parties with an unregistered candidate does not use this right, then the unused monetary funds shall be transferred correspondingly to the state or municipal budget.