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Article 112
 

 Filing Complaints on Actions (Lack of Actions) and Decisions that Violate Citizens’ Rights to Elect.



Voters, candidates, registered candidates, political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaigning groups, observers as well as election commissions can file complaints about decision and actions (lack of actions) which violate citizens’ right to elect within 3 days after the date the very decision is published or made or the date actions (lack of actions) occurred, or the interested person is informed about it.





The persons specified in Article 112.1 of this Code can file their complaints relevant election commission. If the decision and action (lack of actions) indicated in Article 112.1 of this Code can cause criminal liability, then complaints shall be filed with relevant court bodies or prosecutor’s office.





If the complaint is not satisfied by the election commission which made that decision or action (lack of actions) at first, one can appeal to the superior election commission. If the Central Election Commission does not satisfy the complaint finally, persons mentioned in Article 112.1 of this Code shall have the right to appeal to the Court of Appeal. In order to prevent conflict of jurisdictions, the relevant election commission shall clarify whether the complaint about the case is filed with the court or prosecutor’s office, or not. If criminal proceedings are instituted against the complaint, or if the complaint is considered by the court, then the court shall investigate the matter of the complaint in accordance with criteria specified in Article 112.2 of this Code, and if there is ground - reject the complaint. Other grounds shall not be considered acceptable for rejection of the complaint. Complaints about decisions and actions of the Central Election Commission shall be filed with the Court of Appeal.





If the infringement described in the complaint can be considered criminal actions according to the Criminal Code of the Azerbaijan Republic, the relevant election commission can apply to relevant public prosecutor’s bodies along with making decisions regarding elimination of shortcomings or infringements indicated in the complaint.





The court can cancel decisions (including decisions on results of voting, election returns) of the relevant election commissions in the circumstances considered by this Code and other laws.





If the court cancels the decision of the election commission, the same election commission should make a new decision regarding the same issue, or superior election commission should make a relevant decision based on the decision of the court. Non-implementation of the court resolution shall impose criminal liability in accordance with the Criminal Code of the Republic of Azerbaijan.





Examination of the complaint about the decision on voting results and election returns or investigation of the facts regarding violation of this Code shall not be considered as violation of immunity of candidates considered to be elected in conformity with this Code. A candidate considered to be elected cannot refuse to testify as a witness during administrative, civil or criminal investigations regarding the complaints about violation of citizens’ right to elect while he/she was being elected (except for cases provided for in the Civil-Procedure Code and the Criminal-Procedure Code of the Azerbaijan Republic). 





The election commission shall have the right to receive citizens’ and officials’ information and to require necessary documents and materials while considering the following:





issues on cancellation of registration of registered candidate, referendum campaigning groups;



issues on refusal of registration of candidate, referendum campaigning groups;



appeals on invalidation of election of a registered candidate.





The superior election commission shall have the right to cancel decision of the subordinate election commission or to make a decision regarding the complaint or to instruct to re-examine the very issue.





A decision on complaints received by the election commission during the election processes shall be made within 3 days, or immediately, if complaints are received on the election day or the day after the election day, and be delivered to the plaintiff.





The courts should consider the complaints concerning decisions of the election commissions within 3 days (if no less timeline is identified by this Code). A complaint on the court decision can be filed with the superior court instance within 3 days.