Home > 2.1.1 Electoral commissions > AZERBAIJAN - Election Code
 
 
 
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Article 90
 

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


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


90.2.1. foreign countries and foreign legal entities;


90.2.2. foreign citizens;


90.2.3. Stateless persons;


90.2.4. Citizens under the age of 18;


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


90.2.6. international organizations and international social movements;


90.2.7. State bodies and municipalities;


90.2.8. State and municipal organizations and offices;


90.2.9. Legal entities, of which more than 30% of the charter capital belongs to the state or a municipality on the day of the official publication of the decision to hold elections;


90.2.10. Military units;


90.2.11. Charitable organizations, religious associations, institutions and organizations; and


90.2.12. Anonymous donors who do not provide any information or misinform on one of the following items:


For a citizen:


• Forename, surname, patronymic;
• Batch and serial number and date of issue, of identification document or substitute document;
• Address; or
• Date of birth.


For a legal entity:


• Identification number of taxpayer;
• Name;
• Date of registration;
• Bank account; or
• Amount of shares owned by state or municipalities in their charter capital and amount of foreign shares in their charter.


90.3. A candidate, registered candidate, political party, bloc of political parties, and referendum campaign group shall have the right to issue orders on how to use the election fund they created. Election funds should be spent for their intended purposes. They can be used only for the following purposes:


90.3.1. To finance organizational-technical actions for the collection of signatures in support of the nomination of candidates or approval of referendum campaign group members, as well as to pay the relevant persons for collecting voters’ signatures;


90.3.2. To pay pre-election campaigning expenses and information and consulting services; and


90.3.3. To pay for other expenses for work performed directly by legal entities and citizens during the pre-election campaign.


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


90.5. An unregistered candidate, or political party or bloc of political parties with an unregistered candidate, may pay back the unused amount of the election funds (providing delivery expenses are excluded) to donor citizens and legal entities, in the amount appropriate and proportional to the transferred donations, up to the submission of the final financial report. If the unregistered candidate, or political party or bloc 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.


90.6 Removed


90.7. After TV and radio companies and editorial offices of periodicals have been reimbursed for free airtime and space in periodicals, the registered candidate, or political party or bloc of political parties with a registered candidate, may 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 bloc 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.