Home > 2.9 Electoral offences and sanctions > AZERBAIJAN - Election Code
 
 
 
Download file    
 
 
Article 113
 

Cancellation of Registration of Registered Candidates, Referendum Campaigning Groups and Refusal of Registration of Candidates.



If a candidate, registered candidate, political party, block of political parties, referendum campaigning group violates provisions of this Code, the relevant election commission shall warn the candidate, registered candidate, political party, block of political parties, referendum campaigning group, providing the voters are informed through the mass media. The election commission shall have the right to make a decision about the following issues irrespective of whether or not a complaint considering Article 112.2. of this Code was made about them:





refusal of registration of a candidate, referendum campaigning group;



filing a complaint with a court on cancellation of registration of registered candidate, referendum campaigning groups;



invalidation of election of a candidate;



cancellation of decision on voting results and election returns.





The election commission can adopt a decision on refusal from registering a candidate and a referendum campaign group, and on a request to the court in regard of canceling the registration of the registered candidate and a referendum campaign group, under the following circumstances:



if information submitted by a candidate, political party, block of political parties, referendum campaigning group in conformity with this Code is not accurate and if their invalidity is of importance (except for cases indicated in Article 60.3. of this Code);



if a candidate, referendum campaigning groups are found to conduct election campaign before they are registered or before the period considered by Article 75 of this Code, and if the warning made before is not considered (this provision cannot serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan) ;     



the fact of winning over the voter to its side i.e. actions prohibited by Article 88.4. of this Code committed by a candidate, political party, block of political parties, referendum campaigning group or their authorized representatives, or agents are found;



participation of legal entities, state and municipal bodies, structures and organizations in collection of signatures, regardless their form of property; if the fact of forcing the voters sign while collecting the signatures is found out; reward of voters for their signatures;



if a candidate nominated for a relevant constituency uses other funds for financing his/her election campaign which exceed more than 5% of the highest limit of expenses from election fund defined by this Code, and if the warning made before is not considered;



if a political party, block of political parties, referendum campaigning group uses other funds for financing their election (referendum) campaign which exceed more than 5% of the highest limit of expenses from election funds defined by this Code and if the warning made before is not considered;



if a candidate, political party, block of political parties, referendum campaigning group, as well as political parties included in the block of political parties, authorized representative, members or agents of political parties, blocks of political parties, referendum campaigning groups:







are proprietors, founders, owners of relevant organizations or they participate in managing boards;



conduct charitable activities during the election (referendum) campaign;



render financial and material assistance to physical or legal entities; or renders services to voters;



assist to render such assistance to physical and legal entities or make a proposal related thereto, or physical and legal entities agree with rendering assistance on their behalf,  and if the notification made about it before is not considered ;





if a candidate, political party, block of political parties and referendum campaigning groups do not submit their initial financial report, and if the advance notification about it is not taken into account;



if a candidate, authorized representatives of a political party, block of political parties and campaign groups use their occupation or service position during election campaigning, and if the advance notification about it is not taken into account;



if a candidate, political party, block of political parties, as well as their agents produce and distribute pre-election publications and audiovisual election materials, violating provisions of Articles 88.2 and 88.4 of this Code;



if a registered candidate, political party, block of political parties, agent of the registered candidate, authorized representative or agent of a political party or block of political parties campaign within the territory where military unit is located, in military organizations or military offices;



if a registered candidate who is on government or municipal service does not stop implementation of functions of service while he/she participates in elections, and if the advance notification about it is not taken into account;



if a registered candidate, political party or block of political parties with registered candidates use illegal donations transferred to their funds, and if the advance notification about it is not taken into account;





The court can cancel registration of a candidate one day prior to the voting day, if only the circumstances considered by Articles 113.2.3., 113.2.4., 113.2.7., 113.2.9., 113.2.11. of this Code are revealed after the candidate is registered.





If registration of a candidate is cancelled within a period less than 10 days prior to the Election Day, information on it shall be posted on notice boards of the election commissions.