Azerbaijan
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
BLANK Source
Political parties are prohibited from financing, including donations from: [...] 17.2.3. foreign states and foreign legal entities; Source: Article 17.2, Law on Political Parties, 1992 (amended 2017) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
BLANK Source
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; Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2018 |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
BLANK Source
Political parties are prohibited from financing, including donations from: [...] 17.2.9. legal entities. Source: Article 17.2, Law on Political Parties, 1992 (amended 2017) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
With exception to legal entities of the Republic of Azerbaijan, of which more than 30% of the charter (property) capital belongs to foreign countries and foreign legal entities, foreign citizens or stateless persons. Another exception refers to legal entities, of which more than 30% of the charter capital belongs to the state or a municipality. Both mentioned above types of legal entities are banned from giving donations to candidates. Source
Article 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; Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2018 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
BLANK Source
Political parties are prohibited from financing, including donations from: 17.2.1. state bodies and other state agencies, except for the cases provided for in article 17-1 of this Law; Source: Article 17.2, Law on Political Parties, 1992 (amended 2017) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
BLANK Source
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; Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2018 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
BLANK Source
Political parties are prohibited from financing, including donations from: [...] 17.2.6. surname, name, patronymic, natural persons who do not indicate the series and number of ID card or substitute document; Source: Article 17.2, Law on Political Parties, 1992 (amended 2017)
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: [...] 90.2.12. Anonymous donors who do not provide any information or misinform on one of the following items: For a citizen: For a legal entity: Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
BLANK Source
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: [...] 90.2.12. Anonymous donors who do not provide any information or misinform on one of the following items: For a citizen: For a legal entity: Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2018 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
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. Source
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: [...] 90.2.9. 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; [...] Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
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. Source
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: [...] 90.2.9. 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; [...] Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
BLANK Source
74.4. Conduct of pre-election campaigning and distribution of campaign materials shall be prohibited for: [...] 74.4.2. Officials who while performing or abusing their status as employees of government bodies, agencies or organizations or persons who hold high posts at the municipal agencies or organizations, civil and municipal servants, and military personnel; 74.4.3. Election commissions, the members of an election commission with decisive voting rights, and other election commission officials; [...] Source: Article 74.4, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
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: [...] 90.2.7. 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; [...] Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for natural persons
Comment
Limit on the amount a donor (natural peron only) is 10,000 AZN. Source
The maximum amount of donations a person can offer to one or more parties withina year can not exceed ten thousand manats. Source: Article 19.7, Law on Political Parties, 1992 (amended 2017) |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
10,000 AZN
Comment
BLANK Source
The maximum amount of donations a person can offer to one or more parties within a year can not exceed ten thousand manats. Source: Article 19.7, Law on Political Parties, 1992 (amended 2017) |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
The limit is 3,000 AZN from natural persons and 50,000 AZN from legal persons regarding parliamentary elections. The limit is 750 AZN from natural persons and 25,000 AZN from legal persons regarding municipal elections. Source
Election funds of political parties and blocs of political parties may be formed only from the following financial resources: [...] 156.4.3. voluntary donations by citizens and legal entities in respective amounts of no more than 3,000 and 50,000 manats. Source: Article 156.4, Election Code of the Republic of Azerbaijan 225.5. Election funds of political parties or blocs of political parties, which may be created from the following financial resources: [...] 225.5.3 voluntary donations of citizens and legal entities, not exceeding, respectively, 750 or 25,000 manats Source: Article 225.5, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
The limit is 3,000 AZN from natural persons and 50,000 AZN from legal persons regarding parliamentary elections. The limit is 750 AZN from natural persons and 25,000 AZN from legal persons regarding municipal elections.
Comment
BLANK Source
156.4 Election funds of political parties and blocs of political parties may be formed only from the following financial resources: [...] 156.4.3. voluntary donations by citizens and legal entities in respective amounts of no more than 3,000 and 50,000 manats. Source: Article 156.4, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 225.5. Election funds of political parties or blocs of political parties, which may be created from the following financial resources: [...] 225.5.3 voluntary donations of citizens and legal entities, not exceeding, respectively, 750 or 25,000 manats Source: Article 225.5, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
The limit depends on election type. The limit is 3,000 AZN from natural persons and 50,000 AZN from legal persons in parliamentary elections and presidential election. The limit in municipal elections is 500 AZN from natural persons and between 750 and 10,000 AZN from legal persons. Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...] 156.2.4. voluntary donations by citizens or legal entities in respective amounts of no more than 3,000 and 50,000 manats; Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.2. Election funds of presidential candidates shall be formed only from the following financial sources: [...] 191.2.3. voluntary donations of citizens and legal entities which may not exceed 3,000 and 50,000 manats respectively. Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.1. Election funds of candidates for municipality membership may be formed from the following financial resources: [...] 225.1.4. voluntary donations from citizens not exceeding 500 manats. 225.1.5. voluntary donations of legal entities that are: • not more than 10,000 manats - for candidates for membership of a municipality mentioned in Article 215.1.1.; • for candidates for membership of a municipality mentioned in Article 215.1.2, may .not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 3,750 manats.; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 2,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 1,250 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 750 manats; Source: Article 225.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
The limit depends on election type. The limit is 3,000 AZN from natural persons and 50,000 AZN from legal persons in parliamentary elections and presidential election. The limit in municipal elections is 500 AZN from natural persons and between 750 and 10,000 AZN from legal persons.
Comment
BLANK Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...] 156.2.4. voluntary donations by citizens or legal entities in respective amounts of no more than 3,000 and 50,000 manats; Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.2. Election funds of presidential candidates shall be formed only from the following financial sources: [...] 191.2.3. voluntary donations of citizens and legal entities which may not exceed 3,000 and 50,000 manats respectively. Source: Article 191.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.1. Election funds of candidates for municipality membership may be formed from the following financial resources: [...] 225.1.4. voluntary donations from citizens not exceeding 500 manats. 225.1.5. voluntary donations of legal entities that are: • not more than 10,000 manats - for candidates for membership of a municipality mentioned in Article 215.1.1.; • for candidates for membership of a municipality mentioned in Article 215.1.2, may .not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 3,750 manats.; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 2,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 1,250 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 750 manats; Source: Article 225.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, donation limit for private persons apply
Comment
The legislation does not mention separate rules for the donation from candidates. Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...] 156.2.4. voluntary donations by citizens or legal entities in respective amounts of no more than 3,000 and 50,000 manats; Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.2. Election funds of presidential candidates shall be formed only from the following financial sources: [...] 191.2.3. voluntary donations of citizens and legal entities which may not exceed 3,000 and 50,000 manats respectively. Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.1. Election funds of candidates for municipality membership may be formed from the following financial resources: [...] 225.1.4. voluntary donations from citizens not exceeding 500 manats. 225.1.5. voluntary donations of legal entities that are: • not more than 10,000 manats - for candidates for membership of a municipality mentioned in Article 215.1.1.; • for candidates for membership of a municipality mentioned in Article 215.1.2, may .not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 3,750 manats.; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 2,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 1,250 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 750 manats; Source: Article 225.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Donation limit for private persons applies. Source
19.5. The amount of donations presented in the product is determined by the market price. 19.7 The maximum amount of donations a person can offer to one or more parties within a year can not exceed ten thousand manats. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Donation limit for private persons applies. The Election Code does not mention in-kind donation at all, except article 90.2 where are listed entities which are prohibited from "assistance in kind or services to election funds". Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...] 156.2.4. voluntary donations by citizens or legal entities in respective amounts of no more than 3,000 and 50,000 manats; Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.2. Election funds of presidential candidates shall be formed only from the following financial sources: [...] 191.2.3. voluntary donations of citizens and legal entities which may not exceed 3,000 and 50,000 manats respectively. Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.1. Election funds of candidates for municipality membership may be formed from the following financial resources: [...] 225.1.4. voluntary donations from citizens not exceeding 500 manats. 225.1.5. voluntary donations of legal entities that are: • not more than 10,000 manats - for candidates for membership of a municipality mentioned in Article 215.1.1.; • for candidates for membership of a municipality mentioned in Article 215.1.2, may .not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 3,750 manats.; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 2,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 1,250 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 750 manats; Source: Article 225.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 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: Source: Article 90.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
The political parties cannot engage in commercial activities Source
20. Property of political parties Source: Article 20, Law on Political Parties, 1992 (amended 2017) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Comment
The Election Code does not mention loans as possible source of income for political parties. Political parties are allowed to take loans, but without relation to the election campaign - separate regulation of the Law on Political Parties applies. Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 18. Revenues and expenses of political parties [...] The following are the income of political parties: [...] the amount borrowed or received from the loan; Source: Article 18, Law on Political Parties, 1992 (amended 2017) |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Comment
The Election Code does not mention loans as a source of income for the candidates. Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: 156.2.1. the special funds of candidates and registered candidates — the value of the special funds may not be more than 500 thousand manats; 156.2.2. funds of candidates or political parties, which have nominated a registered candidate, or political parties in a bloc of political parties -- the value of the funds may not be more than 150 thousand manats; 156.2.3 (Removed) 156.2.4. voluntary donations by citizens or legal entities in respective amounts of no more than 3,000 and 50,000 manats; Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
BLANK Source
Source: Law on Political Parties, 1992 (amended 2017) Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
BLANK Source
91.2. The relevant bank should open a special election account for a candidate, political party, bloc of political parties, or referendum campaign group within 3 days of the submission of documents established in accordance with the rule defined by this Code. All funds shall be transferred in manats to the special election account. 19.4. Cash withdrawal is made by transferring to the bank account of a political party. (19.4. İanə edilən pul vəsaitləri siyasi partiyanın bank hesabına köçürmə yolu ilə qəbul edilir.) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
BLANK Source
17.1. The activity of political parties shall be funded from the state budget in accordance with this Law and other funds received. 17-1.1. Every year, funds from the state budget are allocated to finance the activities ofpolitical parties. These funds are indicated in the separate line in the state budget. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
BLANK Source
17-1.2. Candidates, nominated by 10 percent of the funds allocated from the state budget, are divided proportionally to the number of votes gained by political parties that have won at least 3 percent of valid votes at the last elections to the Milli Majlis of the Republic of Azerbaijan. 40 percent of the funds are distributed proportionally to the number of political parties represented in the Milli Majlis of the Republic of Azerbaijan and 50 percent to the number of elected deputies. Original verison: 17-1.2. Dövlət büdcəsindən ayrılmış vəsaitin 10 faizi irəli sürdüyü namizədlər Azərbaycan Respublikasının Milli Məclisinə keçirilmiş son seçkilərdə etibarlı səslərin azı 3 faizini qazanmış, lakin Azərbaycan Respublikasının Milli Məclisində təmsil olunmayan siyasi partiyalar arasında |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
BLANK Source
17-1.2. Candidates, nominated by 10 percent of the funds allocated from the state budget, are divided proportionally to the number of votes gained by political parties that have won at least 3 percent of valid votes at the last elections to the Milli Majlis of the Republic of Azerbaijan. 40 percent of the funds are distributed proportionally to the number of political parties represented in the Milli Majlis of the Republic of Azerbaijan and 50 percent to the number of elected deputies. Original verison: 17-1.2. Dövlət büdcəsindən ayrılmış vəsaitin 10 faizi irəli sürdüyü namizədlər Azərbaycan Respublikasının Milli Məclisinə keçirilmiş son seçkilərdə etibarlı səslərin azı 3 faizini qazanmış, lakin Azərbaycan Respublikasının Milli Məclisində təmsil olunmayan siyasi partiyalar arasında |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
The legislation does not provide provisons for how public funding shoul be used. Source
17-1.4. Funds allocated from the state budget in accordance with Article 17-1.1 of this Law shall be transferred to the bank account of the political party in equal parts by quarters, taking into account the requirements of Articles 17-1.2 and 17-1.3 of this Law. Source: Article 17-1.4, Law on Political Parties, 1992 (amended 2017) |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
BLANK Source
Article 77. Basic Duties of Mass Media during the Pre-Election Campaign 77.1. Public Television and radio companies or periodicals that are founded by state bodies and organizations, or funded by the state budget, shall create equal conditions for registered candidates, political parties and blocs of political parties to conduct their election campaign, and for referendum campaign groups with 20 thousand members or more to conduct their pre-referendum campaign for/ against issues to be discussed through a referendum, using funds allocated from the government budget. The TV and radio companies and periodicals mentioned above may not campaign for or against the registered candidates, political 77.2. The TV and radio companies and periodicals mentioned in Article 77.1. of this Code, which air programming or are distributed in half of the territory of the Republic of Azerbaijan or more, shall be obliged to create conditions for pre-election campaigning for registered candidates for Presidential elections, for political parties or blocs of political parties with registered candidates in more than 60 single mandate election constituencies or in more than a half of all municipalities, and for referendum campaign groups with 40,000 or more members. The Central Election Commission shall publish the list of TV and radio companies ad periodicals mentioned above, on the basis of a document submitted by the relevant executive authority body no later than 20 days after the official publishing of the decision to hold elections. 77.3. TV and radio companies that air in less than half of the territory of the Republic of Azerbaijan, as well as the relevant branches of TV and radio companies mentioned in Article 77.2 of this Code and periodicals mentioned in Article 77.1. of this Code which are distributed in less than half of the territory of The Republic of Azerbaijan, may create conditions for election campaigning within the territory of the relevant administrative unit for candidates registered in a single mandate constituency, referendum campaign groups that have 20,000 or more members, and political parties or blocs of political parties whose candidates have been registered in more than 1/3 of all municipalities. The list of TV and radio companies and periodicals shall be published by the relevant Constituency Election Commission on the basis of a document submitted by the relevant executive authority body within 30 days of the official publishing of the decision to hold elections. 77.4. TV and radio companies or periodicals not considered by Article 77.1 of this Code, that are founded by municipal institutions, shall have to create equal conditions for referendum campaign with 2,000 or more members, and registered candidates in the relevant municipality who are covered by the relevant constituency to conduct their election campaign. They shall have to create equal conditions for the registered candidate, political parties or blocs of political parties, and referendum campaign groups who are campaigning in the territory of the relevant municipality. If such TV and radio companies and periodicals do not at all participate in campaign activities, they may refuse to publish any materials or to allocate airtime. Source: Article 77, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
The access in equal to registered candidates for presidential elections. The access is not equal for political parties in parliamentary elections campaign and for referendum campaign groups. It depends on the number of constituencies where political party registered the candidates or on the number of members of referendum campaign groups. See the details in the source section. Source
Article 77. Basic Duties of Mass Media during the Pre-Election Campaign 77.1. Public Television and radio companies or periodicals that are founded by state bodies and organizations, or funded by the state budget, shall create equal conditions for registered candidates, political parties and blocs of political parties to conduct their election campaign, and for referendum campaign groups with 20 thousand members or more to conduct their pre-referendum campaign for/ against issues to be discussed through a referendum, using funds allocated from the government budget. The TV and radio companies and periodicals mentioned above may not campaign for or against the registered candidates, political 77.2. The TV and radio companies and periodicals mentioned in Article 77.1. of this Code, which air programming or are distributed in half of the territory of the Republic of Azerbaijan or more, shall be obliged to create conditions for pre-election campaigning for registered candidates for Presidential elections, for political parties or blocs of political parties with registered candidates in more than 60 single mandate election constituencies or in more than a half of all municipalities, and for referendum campaign groups with 40,000 or more members. The Central Election Commission shall publish the list of TV and radio companies ad periodicals mentioned above, on the basis of a document submitted by the relevant executive authority body no later than 20 days after the official publishing of the decision to hold elections. 77.3. TV and radio companies that air in less than half of the territory of the Republic of Azerbaijan, as well as the relevant branches of TV and radio companies mentioned in Article 77.2 of this Code and periodicals mentioned in Article 77.1. of this Code which are distributed in less than half of the territory of The Republic of Azerbaijan, may create conditions for election campaigning within the territory of the relevant administrative unit for candidates registered in a single mandate constituency, referendum campaign groups that have 20,000 or more members, and political parties or blocs of political parties whose candidates have been registered in more than 1/3 of all municipalities. The list of TV and radio companies and periodicals shall be published by the relevant Constituency Election Commission on the basis of a document submitted by the relevant executive authority body within 30 days of the official publishing of the decision to hold elections. 77.4. TV and radio companies or periodicals not considered by Article 77.1 of this Code, that are founded by municipal institutions, shall have to create equal conditions for referendum campaign with 2,000 or more members, and registered candidates in the relevant municipality who are covered by the relevant constituency to conduct their election campaign. They shall have to create equal conditions for the registered candidate, political parties or blocs of political parties, and referendum campaign groups who are campaigning in the territory of the relevant municipality. If such TV and radio companies and periodicals do not at all participate in campaign activities, they may refuse to publish any materials or to allocate airtime. Source: Article 77, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
BLANK Source
Article 80. Rules for Allocating Free Airtime on TV and Radio for Pre-election Campaigning 80.1. The following shall have the right to free airtime of TV and radio companies for election campaigning, in accordance with Article 77.2 of this Code: • Presidential candidates; [...] 80.2. The following shall have the tight to free TV and radio airtime companies for pre election campaigning, in accordance with Article 77.3 of this Code: • Candidates registered in single-mandate constituencies; [...] 80.3. Candidates for membership of a municipality and referendum campaign groups with 2,000 or more members, shall have the right to free airtime for election campaigning from TV and radio companies, in accordance with Article 77.4 of this Code. [...] Source: Article 80, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
BLANK Source
86.3. Venues (buildings, rooms) which are suitable for holding meetings with voters and which are owned by the state or municipalities shall be provided free of charge by their owners, at the times agreed to by registered candidates, political parties, blocs of political parties, authorized representatives of referendum campaign groups, or their agents, and the election commission. If a venue (building, room) is allocated to one of the registered candidates, political party, bloc of political parties, or referendum campaign group for conducting preelection (pre-referendum) campaigning, the owner may not refuse to allocate the same venue (building, room) with the same conditions txo another candidate, political party, bloc of political parties, or referendum campaign group. Election commissions shall create equal conditions for the registered candidates, political parties, blocs of political parties, and referendum campaign groups to conduct preelection campaigning using mass actions. Source: Article 86.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 70.1. The administration of the state/municipal body, institution, or organization where the candidate is studying, or working, or the commander of the military unit in which the candidate is serving, should release the candidate, on the basis of unpaid vacation, for the period mentioned in their submitted leave request application the day the candidate is registered until the day of the official announcement of election results. During the period the candidates is released from employment, study, or service, the relevant election commission should pay him/her the amount of his/her average wage, but not more than 20 times the minimum wage determined by legislation. This wage should be paid from the budget allocated for the preparation and conduction of elections. Monetary compensation shall be provided to registered candidates for the period of their release from work, on the basis of a statement proving they have been given unpaid leave from their study/workplace.. Source: Article 70.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 70.2. Transport expenses determined by this Code shall be paid to registered candidates from the day of registration until the day election results are officially announced. Expenses for taxis and arranged journeys services shall not be reimbursed. Expenditures for traveling to suburbs and other cities shall be reimbursed on the basis of submitted roundtrip tickets, while urban transport costs shall be reimbursed on the basis of roundtrip tickets used during the applicable period of time. Source: Article 70.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
BLANK Source
88.4. Candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, their agents, and other persons and organizations who participate directly in a pre-election campaign shall be prohibited from : 88.4.1. giving money, gifts and other valuable items (excepting badges, stickers, posters and campaign materials with other nominal value) to voters, except for purposes of performing of administrative duties; 88.4.2. rewarding voters who perform administrative duties, or promising voters a reward, on the basis of election results; 88.4.3. selling goods at a discount or providing goods (except for printed materials) free of charge; 88.4.4. providing free or discounted services; 88.4.5. influencing voters during the pre-election campaign by promising them securities, money and other goods and services based on grounds that contradict legislation. Source: Article 88.4, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
There is a limit on the amount of the election fund of political parties, which in practice is a spending limit. Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...] 156.5. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying the amount stipulated in Article 156.1 of this Code by the number of nominated or registered candidates. [...] Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
There is a limit on the amount of the election fund of political parties, which in practice is a spending limit. The amount depends on the number of registered candidates.
Comment
BLANK Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...] 156.5. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying the amount stipulated in Article 156.1 of this Code by the number of nominated or registered candidates. [...] Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
There is a limit on the amount of the election fund of candidates, which in practice is a spending limit. The limit depends on the type of elections. It is different in the parliamentary, municipal and presidential elections. Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...] 156.5. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying the amount stipulated in Article 156.1 of this Code by the number of nominated or registered candidates. At the same time, the amount spent for each candidate should not exceed the amount provided for in Article 156.1 of this Code. [...] Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.1. The maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. Source: Article 191.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.2. Maximum limit of the funds of candidates for municipality membership, which: • for candidates for membership of a municipality mentioned in Article 215.1.1, may not exceed 50,000 manats; • for candidates for membership of a municipality mentioned in Article 215.1.2, may not exceed 37,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 25,000 manats; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 12,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 5,000 manats. Source: Article 225.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
There is a limit on the amount of the election fund of candidates, which in practice is a spending limit. The limit depends on the type of elections: 500.000 AZN in the parliamentary elections, between 5.000 and 50.000 AZN in the municipal elections, 10.000.000 AZN in the presidential election.
Comment
BLANK Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...] 156.5. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying the amount stipulated in Article 156.1 of this Code by the number of nominated or registered candidates. At the same time, the amount spent for each candidate should not exceed the amount provided for in Article 156.1 of this Code. [...] Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
191.1. The maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. Source: Article 191.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017)
225.2. Maximum limit of the funds of candidates for municipality membership, which: • for candidates for membership of a municipality mentioned in Article 215.1.1, may not exceed 50,000 manats; • for candidates for membership of a municipality mentioned in Article 215.1.2, may not exceed 37,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 25,000 manats; • for candidates for membership of a municipality mentioned in Article 215.1.4, may not exceed 12,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.5, may not exceed 7,500 manats; • for candidates for membership of a municipality mentioned in Article 215.1.6, may not exceed 5,000 manats. Source: Article 225.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, third parties banned from campaign spending
Comment
There is no explicit ban on third parties participation in campaign activities, but third parties are not mentioned as entities allowed to conduct the campaign. Source
74.1 [...] The following shall have the right to conduct pre-election and pre-referendum campaigns (hereinafter pre-election campaign): 74.1.1. Referendum campaign groups; 74.1.2. Candidates registered for participation in the elections of deputies to the Milli Majlis; 74.1.3. Candidates registered for participation in Presidential elections; 74.1.4. Political parties or blocs of political parties, which have candidates registered for participation in the elections of deputies to the Milli Majlis; 74.1.5. Candidates registered for participation in the municipal elections; 74.1.6. Political parties or blocs of political parties, which have candidates registered for participation in Presidential elections; 74.1.7. Political parties or blocs of political parties, which have candidates registered for participation in municipal elections. Source: Article 74.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
BLANK Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annualy, no later than April1 of each year. Source
21.2. Annual financial reports by political parties, together with an auditorʹs opinion, ares ubmitted to the Central Election Commission of the Republic of Azerbaijan no later than April1 of each year. Source: Article 21.2, Law on Political Parties, 1992 (amended 2017) |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Three reports: initial at the time of registration of the candidates, second (interim), 10-20 days before elections, and final 10 day after the results of the elections. Source
94.3. Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission in the following order: 94.3.1. the initial financial report shall be submitted to the relevant election commission along with the required documents for registration, in accordance with the rule defined by this Code. This report shall contain information for the period of two days prior to the date indicated in the report; 94.3.2. a second financial report shall be submitted to the relevant election commission between 10 to 20 days prior to Election Day. This report shall contain information for the period of seven days prior to the date indicated therein; 94.3.3. the final financial report shall be submitted at latest 10 days after final results of elections (referendum) are officially published. The initial financial documents on the collection and expenditure of election funds shall be attached to the final financial report. Source: Article 94.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Three reports: initial at the time of registration of the candidates, second (interim), 10-20 days before elections, and final 10 day after the results of the elections. Source
94.3. Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission in the following order: 94.3.1. the initial financial report shall be submitted to the relevant election commission along with the required documents for registration, in accordance with the rule defined by this Code. This report shall contain information for the period of two days prior to the date indicated in the report; 94.3.2. a second financial report shall be submitted to the relevant election commission between 10 to 20 days prior to Election Day. This report shall contain information for the period of seven days prior to the date indicated therein; 94.3.3. the final financial report shall be submitted at latest 10 days after final results of elections (referendum) are officially published. The initial financial documents on the collection and expenditure of election funds shall be attached to the final financial report. Source: Article 94.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Comment
There is no explicit ban on third parties participation in campaign activities, but third parties are not mentioned as entities allowed to conduct the campaign. Source
74.1 [...] The following shall have the right to conduct pre-election and pre-referendum campaigns (hereinafter pre-election campaign): 74.1.1. Referendum campaign groups; 74.1.2. Candidates registered for participation in the elections of deputies to the Milli Majlis; 74.1.3. Candidates registered for participation in Presidential elections; 74.1.4. Political parties or blocs of political parties, which have candidates registered for participation in the elections of deputies to the Milli Majlis; 74.1.5. Candidates registered for participation in the municipal elections; 74.1.6. Political parties or blocs of political parties, which have candidates registered for participation in Presidential elections; 74.1.7. Political parties or blocs of political parties, which have candidates registered for participation in municipal elections. Source: Article 74.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The reports related to election campaign shall be published within 5 days of their receipt by the relevant election commissions Source
95.1. Copies of financial reports of registered candidates, of political parties and blocs of political parties which have a registered candidate, and of referendum campaign groups shall be published within 5 days of their receipt by the relevant election commissions. 21.6. The annual financial statements of political parties are posted on the official website of the Central Election Commission of the Republic of Azerbaijan. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
The political parties must report the identity of the donors (legal and natural persons) in their annual reports. The political parties and candidates must report the identity of the legal persons in the reports related to election campaigns. There are no clear rules about providing the identity of the natural persons in the reports related to election campaigns. Source
19.6. The amount of donations received by political parties and information provided bythe relevant executive authority shall be included in the financial statements. 95.4. The relevant executive authorities shall submit information on founders of a legal entity or legal entities; the presence or absence of state, municipal or foreign shares in a legal entities’ charter capital; the name of the legal entity; and the date of registration of the legal entity to the relevant election commissions within five days afterthe list of legal entities which have made donations to candidates, political parties and blocs of political parties is received from the relevant election commissions. [...] Source: Artile 95.4, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Political parties and candidates should report the legal entities who made donations to the electionfunds of political parties or blocs of political parties or to candidates or registered candidates in amounts exceeding, respectively, 5,000 or 1,250 AZN. Source
159.1. It will be obligatory for the following information on the candidate registered or nominated in a single-mandate constituency to be published in the mass media in accordance with the rules mentioned in Article 77.3 of this Code: [...] 159.1.2. the legal entities who made donations to the election funds of political parties or blocs of political parties or to candidates or registered candidates in amounts exceeding, respectively, 5,000 or 1,250 manats, (in this case, the possibility of transfer of funds through several installments of donations should be taken into account); [...] Source: Article 159.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
Comment
There is no clear provision in the Election Code regarding information on itemized spending. Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
BLANK Source
94.3. Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission in the following order: [...] 21.2. Annual financial reports by political parties, together with an auditorʹs opinion, are submitted to the Central Election Commission of the Republic of Azerbaijan no later than April 1 of each year. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
A supervisory and audit service within the Central Election Commission and Constituency Election Commissions. Source
97.1. A supervisory and audit service shall be established in the Central Election Commission and Constituency Election Commissions to ensure the control of expenditure of funding allocated to election commissions for election purposes, correct registration, and correct use of election funds and sources of funding. Source: Article 97.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Request additional information from potential violator
Request additional information from others
Comment
BLANK Source
97.5. The supervisory and audit service shall have the right to control the receipt of funding to the election funds of candidates, registered candidates, political parties and blocs of political parties, and referendum campaign groups; the registration of these funds; and their purposeful expenditure, as well as purposeful expenditure of funds allocated for subordinate election commissions. For these purposes the supervisory and audit service shall: 97.5.1. audit financial reports of candidates, registered candidates, political parties and blocs of political parties, referendum campaign groups, and lower election commissions; 97.5.2. obtain information on all issues within its powers from the candidates, registered candidates, political parties and blocs of political parties, referendum campaign groups, and election commissions; 97.5.3. obtain necessary information on issues concerning this service and the financial provision of elections from the executive authorities, municipalities, organizations and citizens. Requests of the supervisory and audit service should be answered within 10 days, or immediately if 5 days prior to or on Voting Day; 97.5.4. prepare documents on financial violations that occurred in the finance of elections; 97.5.5. raise an issue before the relevant election commission on implementation of accountability measures for the violations that occurred in the finance of elections by physical and legal entities, candidates, registered candidates, political parties and blocs of political parties, or referendum campaign groups; 97.5.6. involve experts for conducting investigations and preparing expert considerations. Source: Article 97.5, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 21.4-1. Based on the appeal of the Central Election Commission of the Republic of Azerbaijan, political parties shall submit additional information and documents on financial activities. Source: Article 21.4-1, Law on Political Parties, 1992 (amended 2017) |
58. What sanctions are provided for political finance infractions? |
Code
Comment
Very general regulation regarding sanctions in the Law on Political Parties (article 22). Source
113.2. Registration of a candidate, referendum campaign group shall be cancelled in the cases mentioned below in an order established by the legislation if there is a court verdict in force on the criminal case or there is a court decision in force on the administrative offence: [...] 113.2.2. if a candidate or referendum campaign group is found election campaigning before being registered or before the period indicated in Article 75 of this Code (this provision may not serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan); 113.2.3. if a candidate, political party, bloc of political parties, referendum campaign group, or the authorized representatives/agents thereof are found influencing voters through actions prohibited by Article 88.4. of this Code; 113.2.4. if legal entities, state and municipal bodies, structures and organizations participate in the collection of signatures, regardless of their type of property; if it is discovered that voters are being forced to sign or being rewarded for signing; 113.2.5. if a candidate nominated for a relevant constituency uses other funds for financing his/her election campaign which exceed more than 5% of the maximum expenses from election fund defined by this Code; 113.2.6. if a political party, bloc of political parties, or referendum campaign group uses other funds for financing their election (referendum) campaign which exceed more than 5% of the maximum of expenses from election funds defined by this Code; [...] 113.2.8. if a candidate, political party, bloc of political parties, or referendum campaign groups do not submit their initial financial report; [...] 113.2.10. if a candidate, political party, bloc of political parties, or their agents produce and distribute pre-election publications and audiovisual election materials, violating provisions of Articles 88.2 and 88.4 of this Code; [...] 113.2.12. if a registered candidate who is in government or municipal service does not stop cease operating in such a capacity while participating in elections; or 113.2.13. if a registered candidate, political party or bloc of political parties with registered candidates use illegal donations transferred to their funds. Source: Article 113.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) 115.1. The following persons may be subject to criminal, civil or administrative liabilities in conformity with the Criminal Code, Civil Code, or the Code on Administrative Offences of the Republic of Azerbaijan: [...] 115.1.8. those who have violated rules for election campaigning, including those who have conducted election campaign a day prior to or on Voting Day; 115.1.9. those who have produced and distributed commercials or other advertisements which violate the regulations stipulated in this Code, or who have rendered charitable assistance; 115.1.10. those who have violated rules for financing election campaigns, as defined by this Code; [...] Source: Article 115.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2017) Article 22. Responsibility for violation of the law Persons who violate the requirements of this Law are liable in accordance with law. Source: Article 22, Law on Political Parties, 1992 (amended 2017) |