112.1. Voters, candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, agents of registered candidates, political parties, blocs of political parties, referendum campaign groups, observers, and election commissions may file complaints about decisions and actions (lack of actions) which violate citizens’ right to vote within 3 days of the date the decision is published or made, or the date actions (lack of actions) occurred, or the interested person is informed about it.
112.2. The persons indicated in Article 112.1 of this Code may submit their complaints to the relevant superior election commission.
112.3. if complaints of the persons indicated in Article 112.1 are initially not considered by a superior election commission, such persons may consequently file complaints on the decision or the action (inaction) of the constituency election commission to the Central Election Commission, and on the decision or the action (inaction) of the Central Election Commission to the Court of Appeal.
112.4. if the infringement described in the complaint is considered a criminal action according to the Criminal Code of the Republic of Azerbaijan, the relevant election commission can apply to relevant public prosecutor’s bodies and make decisions regarding elimination of the shortcomings or infringements indicated in the complaint. The Central Election Commission must make a grounded decision on consideration of each complaint. if the investigation of the complaint indicates the likelihood of a crime, the prosecuting body should be informed about it. The relevant prosecuting body must consider the complaint within 3 days.
112.5. Complaints submitted by citizens must contain the following:
112.5.1. The name of the commission for handling citizens’ complaints to which the complaint is addressed;
112.5.2. Address for sending the complainant a notification about the time when the complaint will be considered;
112.5.3. Decision, action, or lack of action, which are the subject of a complaint;
112.5.4. if it is a decision, it must be attached to the complaint; names of the election commission or state institution, which are the subjects of the dispute must be recorded; and the official must be indicated;
112.5.5. if it is an action, the name (position) of the person who committed the unlawful action, the substance of the action, and the place and time the action was committed must be clearly indicated;
112.5.6. if it is a lack of action, the applicant must indicate the demand which was not considered and the name of the institution or person that did not consider the demand;
112.5.7. The basis for the complaint can be an assumption of a violation of the Election Code and other legislative acts;
112.5.8. Evidence for purported violation or explanation as to what constitutes the violation;
112.5.9. Demand of the applicant;
112.5.10. In the case the complaint is filed with the superior Commission about a decision of the lower Commission, the decision of the relevant election commission must be annexed to the complaint.
112.5.11.The applicant must sign the complaint. if the complaint is filed by political parties or a bloc of political parties running for elections, then the complaint must be signed by the authorized representative with his/her document of authorization attached.
112.6. if the court cancels the decision of the election commission, the same election commission should make a new decision on the issue, or a superior election commission should make a relevant decision based on the decision of the court. Non-implementation of the court resolutions shall impose criminal liability in accordance with the Criminal Code of the Republic of Azerbaijan.
112.7. 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 a violation of the immunity of candidates considered to be elected in conformity with this Code. A candidate considered to be elected may not refuse to testify as a witness during administrative, civil, or criminal investigations regarding the complaints on the violation of citizens’ rights to vote while he/she was being elected (except for cases provided for in the Civil-Procedure Code and the Criminal-Procedure Code of the Republic of Azerbaijan).
112.8. 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 a registered candidate or referendum campaign group;
• issues on refusal of registration of a candidate or referendum campaign groups; and
• appeals on invalidation of the election of a registered candidate.
112.9. The superior election commission shall have the right to cancel the decision of a subordinate election commission, to make a decision regarding the substance of the matter or order reexamination of the issue.
112.10. A decision on each complaint received by the election commission during the election processes shall be made within 3 days, but within 2 days if there are less than 30 days prior to the voting day (but no later than the voting day) or immediately on the voting day or the day after the voting day, and delivered to the plaintiff.
112.11. Courts should consider complaints concerning decisions of election commissions within 3 days (if no lesser timeline is identified by this Code), but within 2 days if there are less than 30 days prior to the voting day (but no later than the voting day) or immediately on the voting day or the day after the voting day. A complaint on the court decision may be filed with a superior court of instance within 3 days.