Azerbaijan
Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
17.2. Financing of political parties by the following persons, including the obtainment of donations there from, shall be prohibited: […] 17.2.3. foreign states and foreign legal entities; Source: Article 17§2, Law on Political Parties, 1992 (amended2018).
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; |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
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; |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Law on Political Parties and Election Code include definite bans. Source
17.2. Financing of political parties by the following persons, including the obtainment of donations there from, shall be prohibited: […] 17.2.8. public associations and foundations, religious entities; 90.2.7. State bodies and municipalities; 90.2.8. State and municipal organizationa and offices; 90.2.9. Legal entities, of which more than 30% of the charter (property) capital belongs to the state or municipality on the day of official publication of the decision to hold elections; […] Source: Article 17.2, Law on Political Parties, 1992 (amended 2018). Article 90.2. The following shall be prohibited from rendering voluntary donations and assistance in kind or services to election funds […] political parties, blocs of political parties […] : 90.2.7. State bodies and municipalities; 90.2.8. State and municipal organizationa and offices; 90.2.9. Legal entities, of which more than 30% of the charter (property) capital belongs to the state or municipality on the day of official publication of the decision to hold elections; […] Source: Article 90.2, Election Code of the Republic ofAzerbaijan, 2003 (amended 2018). |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Election Code describes two exceptions: First, legal entities of the Republic of Azerbaijan, of which less than 30% of the charter (property) capital belongs to foreign countries and foreign legal entities, foreign citizens or stateless persons. Second, legal entities, of which less than 30% of the charter capital belongs to the state or a municipality. 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, […] : […] 90.2.6. International organizations and international social movements; 90.2.7. State bodies and municipalities; 90.2.8. State and municipal organizationa and offices; 90.2.9. Legal entities, of which more than 30% of the charter (property) capital belongs to the state or municipality on the day of official publication of the decision to hold elections; […] 90.2.11. Charitable organizations, religious associations, institutions and organizations […] Source: Article 90.2, Election Code of the Republic ofAzerbaijan, 2018. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
According to Article 6.1. of the Law of the Azerbaijan Republic About trade unions, trade unions were prohibited to conduct political activity, join political parties or carry out joined activity with them, render assistance, make contributions and get help and charitable means from them. However, this provision was deleted by a law adopted on October 11, 2006. Source: Article 6.1. of the Law of the Azerbaijan Republic About trade unions, 1994. However, Law on Political Parties states that political parties are prohibited use financial resources from public associations […]; Source: Article 17.2.8., Law on Political Parties, 1992 (amended 2018). Moreover, Article 1 of the Law of the Azerbaijan Republic About trade unions describes trade unions as "societal" (içtimai) oragnizations. Furthermore, […] institutions and organizations; […] are 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. Source: Article 90.2.11. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Therefore, trade unions as public organizations shall not contribute to political parties. Source
Financing of political parties by the following persons, including the obtainment of donations there from, shall be prohibited […] public associations […]; Source: Article 17.2.8., Law on Political Parties, 1992 (amended 2018). 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: 90.2.11. Charitable organizations, religious associations, institutions and organizations […] Source: Article 90.2.11. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
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: 90.2.11. Charitable organizations, religious associations, institutions and organizations […] Source: Article 90.2.11. Election Code of the Republic of Azerbaijan, 2003 (2018). |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
Political parties are prohibited from financing, including donations from: [...] 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: [...] |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
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: [...] |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Source: Law on Political Parties, 1992 (amended 2018). Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
Source: Law on Political Parties, 1992 (amended 2018). Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
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: [...] |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
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: [...] |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
74.4. Conduct of pre-election campaigning and distribution of campaign materials shall be prohibited for: [...] 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: [...] 308.1. Abuse of office, i.e., deliberate, in defiance of interests of the service, use or non-use where it is necessary for the service interests, by an official of his authorities to acquire in connection with the performance of his duties improper advantage for himself or third parties, if this entailed significant damage to the rights and legitimate interests of natural or legal persons or legally protected interests of society or the state shall be punishable ... Source: Article 308.1. , Criminal Code of the Republic of Azerbaijan, 1999 (amended 2017).
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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
Source
The maximum amount of a person's donations to one or several parties during the year may not exceed ten thousand manats. |
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
Source
The maximum amount of a person's donations to one or several parties during the year may not exceed ten thousand manats. |
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
In parliamentary elections the limits for natural persons and legal persons are 3,000 AZN and 50,000 AZN respectively. Source
Election funds of political parties and blocs of political parties may be formed only from the following financial resources: 225.5. Election funds of political parties or blocs of political parties, which may be created from the following financial |
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
In parliamentary elections the limits for natural persons and legal persons are 3,000 AZN and 50,000 AZN respectively. In municipal elections the limits for natural persons and legal persons are 750 AZN and 25,000 AZN respectively.
Source
156.4 Election funds of political parties and blocs of political parties may be formed only from the following financial resources: [...]
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18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Contribution limits set at AZN 3,000 for individuals, and AZN 50,000 for legal entities in parliamentary and presidential elections. In presidential elections, nominating party or coalition can support its candidate with maximum of AZN 250,000. Source: OSCE/ODIHR (2018) Republic of Azerbaijan Early Presidential Election 11 April 2018. OSCE/ODIHRNeeds Assessment Mission Report 21-22 February 2018, OSCE/ODIHR, Warsaw. In municipal elections voluntary donations from natural persons sahll not exceed AZN 500. However, legal entities can donate to candidates AZN 750 up to AZN10,000 in accordance with the district size (population). Source: Article 225.1.4. and 225.1.5., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...]
Source: Article 156.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). [...]voluntary donations from citizens not exceeding 500 manats. voluntary donations of legal entities that are: [...] Source: Article 225.1.4. and 225.1.5., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: OSCE/ODIHR (2018) Republic of Azerbaijan Early Presidential Election 11 April 2018. OSCE/ODIHRNeeds Assessment Mission Report 21-22 February 2018, OSCE/ODIHR, Warsaw. Source: OSCE/ODIHR (2019) Republic of Azerbaijan Early Parliamentary Elections 9 February 2020. ODIHR Needs Assessment Mission Report 19-21 December 2019, OSCE/ODIHR, Warsaw. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
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 in accordance with the size of electoral district.
Comment
To be registered as a candidate for municipality membership in the relevant election constituency, each nominated citizen should collect certian number of voter signatures varying from 15 signatures for a territory with a population of less than 4,999 people to 150 signatures for a territory with a population of more than 99,999 people. Source: Article 215.1. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: [...] 191.2. Election funds of presidential candidates shall be formed only from the following financial sources: [...] 225.1. Election funds of candidates for municipality membership may be formed from the following financial resources: [...] • for candidates for membership of a municipality mentioned in Article 215.1.3, may not exceed 3,750 manats.; Source: Article 215.1. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
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
Election Code does not specify a threshold for the donation from candidates to their own campaign. However, the maximum limit of candidates' and registered candidates' election fund assets should not exceed 500 thousand manats during Elections to the Milli Majlis (Article 156.1. , Election Code of the Republic of Azerbaijan, 2003 (amended 2018). In presidential elections, the maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. (Article 191.1. , Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Special funds for presidential candidates nominated by political parties or blocs of political parties shall be [...] not be more than 250 thousand manats; [...] (Article 191.2.1 , Election Code of the Republic of Azerbaijan, 2003 (amended 2018). It can be considered that individual candidates may contribute to their elections funds without a special limit yet the total fund shall not exceed the prescribed upper limits.
Source
The maximum limit of candidates' and registered candidates' election fund assets should not exceed 500 thousand manats (during Elections to the Milli Majlis) Source: Article 156.1. , Election Code of the Republic of Azerbaijan, 2003 (amended 2018). The maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. (for presidential candidates) Source: Article 191.1. , Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Special funds - these special funds for presidential candidates nominated by political parties or blocs of political parties shall be formed from the funds contributed by political parties or blocs of political parties of presidential candidates, under the condition they not be more than 250 thousand manats; [...] Source: Article 191.2.1. , Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
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21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
The legislation does not specify a threshold for in-kind donations. However, there is a general upper limit for donations one person can offer to one or several parties in a given year which applies.
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. Source
Information on the value of aids received by political parties and the persons who made donations, determined by the relevant executive authority, shall be included in the financial statements. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
The Election Code does not specify a common limit. However, it prohibits certain natural and legal personsto provide in kind assistance or services to election funds of candidates, registered candidates. Accordingly, legal entities of the Republic of Azerbaijan, of which less than 30% of the charter (property) capital belongs to foreign countries and foreign legal entities, foreign citizens or stateless persons and legal entities, of which less than 30% of the charter capital belongs to the state or a municipality shall contribute in kind assistance or services to election funds of candidates, registered candidates. Therefore, the answer to this question: Yes, there is a general ban, yet some private legal persons may provide in kind assistance or services to election funds of candidates, registered candidates yet no upper limit is set. Limit for cash donations shall not apply to in kind donations and services. See also, Question 4. 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: 90.2.7. State bodies and municipalities; |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
A political party is a non-commercial legal entity [...] Source: Article 1, Law on Political Parties, 1992 (amended 2018). [...] parties may not be engaged in business or commercial activity. Source: Article 20§4, Law on Political Parties, 1992 (amended 2018). |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Comment
There is no specific restriction regarding political parties taking loans in relation to election campaigns. However, Law on Political Parties defines tfunds earned from debts and loans as a source of income. In other words, political parties can take loans during or out of election campaigns. Source
The followings shall be regarded as income of a political party: [...] funds earned from debts and loans;[...] Source: Article 18, Law on Political Parties, 1992 (amended 2018). |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Comment
The Election Code legally lists the sources of candidates' funds in which taking loan is not included. Source
156.2. Election funds of candidates and registered candidates nominated for a single-mandate constituency may be organized from the following financial resources: |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
There is no specific provision on such restriction in the relevant legislation. Source
Source: Law on Political Parties, 1992 (amended 2018). |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Source
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. Voluntary donations to the election fund of a candidate, registered candidate, political party, bloc of political parties, or referendum campaign group shall be transferred through post offices, banks and credit organizations. Source: Article 93.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Voluntary donations of physical and legal entities shall be transferred to the specific election account through post offices and banks no later than next banking day after receipt of the relevant payment document. Source: Article 93.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Donated funds shall be received in the form of transfer to the bank account of political party. |
Question | Value |
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28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
17.1. The activity of political parties shall be funded from the state budget in accordance with this Law and other funds received. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
If political parties have participated in the last elections of the Milli Majlis of the Republic of Azerbaijan within a coalition of political parties, the funds allocated from the state budget shall be provided to each party separately as provided in Article 17-1.2 of this Law. Source
10 percent of the funds allocated from the state budget shall be divided proportionally to the number of earned votes, among the political parties that nominated candidates who earned at least 3 percent of the valid votes in the last elections of the Milli Majlis of the Republic of Azerbaijan, but which are not represented in the Milli Majlis of the Republic of Azerbaijan. 40 percent of the funds shall be equally divided among the political parties represented in the Milli Majlis of the Republic of Azerbaijan and 50 percent shall be divided proportionally to the number of elected Members of the Parliament. Source: Article 17-1.2, Law on Political Parties, 1992 (amended 2018). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
Political parties which have participated in the last elections of the Milli Majlis of the Republic of Azerbaijan within a coalition of political parties, shall be allocated funding separately as provided in Article 17-1.2 of this Law. Source
Source 10 percent of the funds allocated from the state budget shall be divided proportionally to the number of earned votes, among the political parties that nominated candidates who earned at least 3 percent of the valid votes in the last elections of the Milli Majlis of the Republic of Azerbaijan, but which are not represented in the Milli Majlis of the Republic of Azerbaijan. 40 percent of the funds shall be equally divided among the political parties represented in the Milli Majlis of the Republic of Azerbaijan and 50 percent shall be divided proportionally to the number of elected Members of the Parliament. Source: Article 17-1.2, Law on Political Parties, 1992 (amended 2018). If political parties have participated in the last elections of the Milli Majlis of the Republic of Azerbaijan within a coalition of political parties, the funds allocated from the state budget shall be provided to each party separately as provided in Article 17-1.2 of this Law. Source: Article 17-1.3, Law on Political Parties, 1992 (amended 2018). |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
Although there is no specific provision indicating how the state fund shall be used, Law on Polirical Parties lists the legal expenditure items of political parties. Source
The following shall be regarded as expenses of political party : Source: Article 18§3, Law on Political Parties, 1992 (amended 2018). |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
In accordance with Articles 74-86 of this Code, the State shall define conditions for equal use of media outlets by registered candidates, political parties, blocs of political parties, and referendum campaign groups for pre-election (pre-referendum) campaigning. Source: Article 11.3. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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, […] Source: Article 77.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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: […]Political parties or blocs of political parties with candidates registered in more than 60 single-mandate election constituencies, or in more than half of all municipalities; and Source: Article 80.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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: […]Referendum campaign groups with 20,000 or more members; and Source: Article 80.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
In principle (see Question 34), registered candidates, political parties, blocs of political parties, and referendum campaign groups are granted "equal use" and "equal condition" in media, however, there are some conditions regarding the type of election, number of membership of political parties, size of constituency, broadcast area of media outlets etc. 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 have equal 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.
Source
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 parties and bloc of political parties, or issues to be discussed through a referendum on their own initiative. No election campaign is conducted by the TV and Radio companies that belong to the state. Source: Article 77, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
The Election Code provides for free and paid airtime for candidates, under equal conditions. Political parties and blocs with candidates in at least 60 constituencies are eligible for three hours per week of free airtime on the public broadcaster and free space in state-funded newspapers. This time will be equally divided among registered candidates and will be used either for debates among them or for their individual presentations. Source: OSCE/ODIHR (2018) Republic of Azerbaijan Early Presidential Election 11 April 2018. OSCE/ODIHRNeeds Assessment Mission Report 21-22 February 2018, OSCE/ODIHR, Warsaw. Source: OSCE/ODIHR (2019) Republic of Azerbaijan Early Parliamentary Elections 9 February 2020. ODIHR Needs Assessment Mission Report 19-21 December 2019, OSCE/ODIHR, Warsaw. Besides the national broadcast and state funded newspapers, presidential candidates, political parties or blocs of political parties with registered candidates, and candidates for municipal elections are provided pre-election campaigning through periodicals on a free basis in pursuant to certain criteria. Source: Article 83., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source
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: Source: Article 80.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 80.2. The following shall have the tight to free TV and radio airtime companies for pre election campaigning, in accordance with Article Source: Article 80.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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 80.3., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). The free airtime provided by broadcasting companies shall be divided on equal terms and amounts among the registered candidates, political parties, blocs of political parties and referendum campaign groups. Source: Article 80.6., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 83., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Firstly, political parties benefit from tax benefits as they are non-commercial organisations and therefore exempt from profit taxes on grants, membership fees and donations received. However, expenses that are not connected with economic activity shall not be deducted. Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. The subtance level compensation for unpaid vacation for public employees who are registered candidates, and their travel exspenses during the campaign period shall be paid from the funds of election commissions. The cost of publishing pre-election campaign materials as well as free air time from TV and Radio companies shall be reimbursed from the state budget. Suitable state buildings shall be provided free of charge for campaign meetings. Source
106.1. The following shall be exempt from tax: 106.1.2. grants, membership fees and donations received by non-commercial organizations; Source: Article 106.1.2., The Tax Code of the Republic of Azerbaijan, 2000. 109.2. Expenses that are not connected with economic activity shall not be deducted. Source: Article109.2. ,The Tax Code of the Republic of Azerbaijan, 2000. 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 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. Expenses of TV and Radio companies from allocating free airtime to candidates, political parties, blocs of political parties, and referendum campaign groups, shall be reimbursed from the state budget. Source: Article 80.8., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Periodicals’ expenses for allocation of free print-space for registered candidates, political parties, blocs of political parties and referendum campaign groups, shall be reimbursed from the state budget. Source: Article 83.9., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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 pre-election (pre-referendum) campaigning, the owner may not refuse to allocate the same venue (building, room) with the same conditions to 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 pre-election campaigning using mass actions. Source: Article 86.3., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Before the day of official publication of the decision to hold elections (referendum), the advertising organizations founded (co-founded) by state bodies, municipalities, or organizations of state bodies/municipalities, should create equal conditions for the publishing of pre-election campaign materials by the candidates, political parties, blocs of political parties, and referendum campaign groups registered in the relevant, from funds allocated from state bodies and municipalities. Source: Article 87.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 184.1. In accordance with Article 70.2, a presidential candidate shall have the right to use all kinds of public transport (except taxis and arranged journeys) at the expense of the state within the territory of the Republic of Azerbaijan effective from the date he/she has been registered and until the date of official publishing of election results. 184.2. The above-mentioned expenses for traveling within the country shall be reimbursed from the funds allocated by the Central Election Commission for preparation and conduct of elections, and on the basis of the submitted travel receipts. Candidates shall be reimbursed for 8 two-way journeys by train, and 4 two-way journeys by airplane. Source: Article 184., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 218.1. In accordance with Article 70.2 of this Code, a candidate for municipal membership shall have the right to use all kinds of public transport within the relevant constituencies (except taxis and arranged journeys) free of charge, effective from the date of registration until the date of the official publication of election results. 218.2. Such payments shall be made from the funds allocated for the Constituency Election Commission, and on the basis of submitted travel receipts. Source: Article 218., Election Code of the Republic of Azerbaijan, 2003 (amended 2018) |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 18§3, Law on Political Parties, 1992 (amended 2018)
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37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Source
Source: Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 18§3, Law on Political Parties, 1992 (amended 2018) |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
The Election Code prohibits charitable activities for candidates and several entities during the election campaign. There are specific provisions on vote-buying, too. Source
The following may not implement charitable activities during the election campaigning process: • other physical or legal entities that are functioning on the request or task of persons mentioned above. Source: Article 55.3., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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 : Source: Article 88.4, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The Law on Political Parties does not impose any quantitative or qualitative restrictions or limits on expenses for routine activities of political parties. However, the amount spent for each candidate should not exceed AZN 500 thousand from election fund assets as described in Article 156.1 of Election Code. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying this amount. Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Source
[…]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;[…] 156.4. Election funds of political parties and blocs of political parties may be formed only from the following financial resources: 156.4.1. special funds of political parties and blocs of political parties not exceeding 500 thousand manats (such funds of blocs of political parties are formed from the funds of political parties which are included in that bloc); […] Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
There is no specific expenditure limit for political parties, however, the amount spent for each candidate should not exceed AZN 500 thousand from election fund assets as described in Article 156.1 of Election Code.
Comment
The Law on Political Parties lists the categories of expenditures but does not set an expenditure limit outside the election period. However, the amount spent for each candidate should not exceed AZN 500 thousand from election fund assets as described in Article 156.1 of Election Code. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying this amount. Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...] |
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 namely parliamentary, municipal and presidential elections. Source
Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 191.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 225.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The limit depends on the type of elections: | AZN 500.000in the parliamentary elections, | between AZN 5.000 and 50.000 in the municipal elections, | AZN 10.000.000 in the presidential election.
Source
156.1. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. [...]
225.2. Maximum limit of the funds of candidates for municipality membership, which: |
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 the Election Code lists the 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): |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
There is no specific expenditure limit for political parties, in general. However, the amount spent for each candidate should not exceed AZN 500 thousand from election fund assets as described in Article 156.1 of Election Code. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying this amount. These apply to limits on traditional media advertising spending in relation to election campaigns. There is no specific expenditure limit for candidates at presidential and municipal elections, however, the maximum limit of the election fund for these candidates is set. (See Questions 43 and 44) Source
Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 191.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 225.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
There is no specific expenditure limit for political parties, in general. However, the amount spent for each candidate should not exceed AZN 500 thousand from election fund assets as described in Article 156.1 of Election Code. The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying this amount. These apply to limits on traditional media advertising spending in relation to election campaigns. There is no specific expenditure limit for candidates at presidential and municipal elections, however, the maximum limit of the election fund for these candidates is set. (See Questions 43 and 44) Source
Source: Article 156, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 191.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: Article 225.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
Comment
There is no specific regulation on online media advertisements. However, some general restrictions/prohibitions on online media exists. Source: European Union and Council of Europe (2017) Analysis of Azerbaıjanı Legislation nn Freedom of Expression COE, Strasbourg. Freedom on the Net 2018 - Azerbaijan, https://www.refworld.org/docid/5be16b273d.html. |
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
Annual financial reports by political parties, together with an auditorʹs opinion, ares ubmitted to the Central Election Commission of the Republic of Azerbaijan no |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
In accordance with Election Code Article 94, parties, candidates and referendum campaign groups are obliged to register the collection and expenditure of their election/referendum funds. - an initial financial report is to be submitted together with the required documents for registration with the election commission,56 providing financial information for the period of two days prior to the date of the report; Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Source
Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission in the following order: Source: Article 94.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
In accordance with Election Code Article 94, parties, candidates and referendum campaign groups are obliged to register the collection and expenditure of their election/referendum funds. - an initial financial report is to be submitted together with the required documents for registration with the election commission,56 providing financial information for the period of two days prior to the date of the report; Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Source
Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission in the following order: Source: Article 94.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Comment
In accordance with Election Code Article 74.1 third parties are not mentioned as entities allowed to conduct the campaign. See Question 45 in Section 3 on "Regulations of Spending". Source
74.1 [...] The following shall have the right to conduct pre-election and pre-referendum campaigns (hereinafter pre-election campaign): |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Annual financial statements of political parties are published in mass media and posted on the official website of the Central Election Commission of the Republic of Azerbaijan. The 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 disseminated to the media by the the constituency election commissions and the Central Election Commission. Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Additionally, candidates at parliamentary, presidential and municipal elections (including Political Parties, Blocs of Political Parties) are obliged to publish the financial information on election funds. Source: Articles 159, 192 and 228, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source
Political parties shall publish their annual financial statements in mass media along with auditor’s opinion. Source: Articles 21.5. Law on Political Parties, 1992 (amended 2018). The annual financial statements of political parties are posted on the official website of the Central Election Commission of the Republic of Azerbaijan. Source: Articles 21.6. Law on Political Parties, 1992 (amended 2018). 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
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: 159.1.1. on the financial statement of expenditure of funds, if the election funds for political parties and blocs of political parties and of candidates or registered candidates respectively exceed 10,000 or 2,500 manats; 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); 159.1.3. the number of citizens who made donations in election funds in amounts exceeding 250 manats; 159.1.4. the funds returned to the donors and the grounds of their return; and 159.1.5. the total amount received in and spent from an election fund. Source: Article 159.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
192.1. It shall be obligatory to publish the following information in the mass media provided for by Article 77.2 of this Code: 192.1.1. the financial report on expenditure of funds if the election fund of a registered presidential candidate or a presidential candidate respectively exceeds 10,000 and 2,500 manats; 192.1.2. the legal entities who made donations to registered presidential candidates or presidential candidates, in respective amounts exceeding 5,000 and 1,250 manats (in this case, the possibility of transfer of funds by the same legal entity through several installments of donations should be taken into account); 192.1.3. about the number of citizens who made donations to the election fund in amounts exceeding 250 manats; 192.1.4. the funds returned to donors and the grounds for their return; and 192.1.5. the total amount of money received in and spent from the election fund. Source: Article 192.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
Article 228. Transparency in Usage of Money from Election Funds of Political Parties, Blocs of Political Parties, and Candidates for Municipal Membership Source: Article 228.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
Source: Article 228.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
[…] the amount of each contribution and the identity of each donor must be included in the party accounts […] Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Source
19.6. The amount of donations received by political parties and information required by the relevant body of executive authority, about the persons granting donations, shall be included in the financial statement. Source: Article 19.6, Law on Political Parties, 1992 (amended 2018). 93.1. Voluntary donations to the election fund of a candidate, registered candidate, political party, bloc of political parties, or referendum campaign group shall be transferred through post offices, banks and credit organizations. These donations shall be accepted only from the citizens of the Republic of Azerbaijan, and they should contain the following information on the citizen: Source: Article 93.1. Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
• Date of registration and tax ID; and Source: Article 93.2. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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 after the list of legal entities which have made donations to candidates, political parties and blocs of political parties is received from the relevant election commissions. This information shall be submitted in the format defined by the Central Election Commission. The State Automated Information System may be used for these purposes, but dissemination of such information shall not be allowed. Source: Article 95.4. Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
The Law on Political Parties requires political parties to keep their accounts in pursuant to the Accouning Law. The Accounting Law refers to National and International Accounting Standards as well as Consolidated Financial Statements. Political parties submit their financial annual financial statements in compliance with accounting rules set by Article 12 of this Law ("Rules for the Submission and Publication of Financial Statements of Commercial Organisations"). Political parties' financial reports include consolidated itemized income. There is no specific standard of reporting itemized income for candidates in parliamentary, presidential and municipal elections as well as block of parties, however, Election Code defines the sources of Election Funds of Candidates, Registered Candidates, Political Parties, and Blocs of Political Parties during Elections to the Milli Majlis (Article 159), of Election Funds of Presidential Candidates (Article 191) and of Election funds of Political Parties, Blocs of Political Parties and Candidates for Municipal Membership (Article 125). Therefore, these sources and limits shall be presented in the reports. Source
17-1.6. The political parties failing to submit their annual financial statements as required in the Law of the Republic of Azerbaijan “on Accounting”, shall be held liable as provided by law. Source: Article 17-1.6., Law on Political Parties, 1992 (amended 2018). 14.5. Non-government organisations shall publish their annual financial statements in accordance with the requirements of article 12 of this law. Source: Article 14.5., Republic of Azerbaijan Accounting Law, 2004. Election Funds of Candidates, Registered Candidates, Political Parties and Blocs of Political Parties during Elections to the Milli Majlis Source: Article 159, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Election Funds of Presidential Candidates Source: Article 191, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Election funds of Political Parties, Blocs of Political Parties and Candidates for Municipal Membership Source: Article 125, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
The Law on Political Parties requires political parties to keep their accounts in pursuant to the Accouning Law. The Accounting Law refers to National and International Accounting Standards as well as Consolidated Financial Statements. Political parties submit their financial annual financial statements in compliance with accounting rules set by Article 12 of this Law ("Rules for the Submission and Publication of Financial Statements of Commercial Organisations"). Political parties' financial reports include consolidated itemized income. There is no specific standard of reporting itemized spending for candidates in parliamentary, presidential and municipal elections as well as block of parties. However, it is clear that all financial transactions including spending shall be made through bank from the special election accounts of candidates, registered candidates, political parties, blocs of political parties and referendum campaign groups. Moreover, candidates, registered candidates, political parties, blocs of political parties, and referendum campaign groups are obliged to register the collection and expenditure of their election funds in a bank account in the manner determined by the Central Election Commission. Source
17-1.6. The political parties failing to submit their annual financial statements as required in the Law of the Republic of Azerbaijan “on Accounting”, shall be held liable as provided by law. Source: Article 17-1.6., Law on Political Parties, 1992 (amended 2018). 14.5. Non-government organisations shall publish their annual financial statements in accordance with the requirements of article 12 of this law. Source: Article 14.5., Republic of Azerbaijan Accounting Law, 2004. 91.4. On the instruction of the relevant election commission, the relevant bank shall stop financial transactions to pay expenses from the special election accounts of candidates, registered candidates, political parties, blocs of political parties and referendum campaign groups in the following cases: Source: Article 14.5., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 94.2. Candidates, registered candidates, political parties, blocs of political parties, and referendum campaign groups are obliged to register the collection and expenditure of their election funds. Source: Article 92.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 95.2. The relevant bank shall inform the Central Election Commission on funds entered into and spent from the election funds of candidates, registered candidates, political parties and blocs of political parties, in the manner determined by the Central Election Commission […] Source: Article 95.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
As regards the general financing of political parties, section 18, paragraph 4 LPP states that the tax authorities are to supervise the sources of income of political parties, the amount of the gained resources and payment of the taxes as provided for in the tax legislation. only in so far as their activities are covered by the Tax Code, e.g. regarding the collection of taxes such as property taxes and taxes on salaries. The financial accounts of political parties referred to in section 21 LPP are not submitted to the Ministry of Taxes or any other State body. As regards election and referendum campaign financing, supervision is entrusted to the Central Election Commission (CEC) and to the constituency election commissions whose activities are supervised and coordinated by the CEC. Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Source
21.2. Political parties shall submit their annual financial statements rogether with the auditor's report to the relevant body of executive authority no later than April 1 of each year. Source: Article 21.2, Law on Political Parties, 1992 (amended 2018). The tax authorities shall supervise the sources of income of political parties, the amount of the gained resources and payment of the taxes as provided for in the tax legislation. Source: Article 18.4, Law on Political Parties, 1992 (amended 2018). 26.1. The Central Election Commission shall perform the following duties during preparation and holding of a referendum: 26.1.5. ensure supervision of spending of referendum funds by referendum campaign groups; Source: Article 26.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 26.2. The Central Election Commission shall implement the following duties during preparation and holding of elections to the Milli Majlis of the Republic of Azerbaijan: 26.2.4. ensure supervision of spending of monetary means entered into election funds of candidates (political parties); Source: Article 26.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 32. While conducting referendums, elections of deputies to the Milli Majlis, or Presidential or Municipal elections, the Constituency Election Commission shall function in the following manner, in accordance with Article 31 of this Code: 32.1.3. ensure control on spending of election funds of referendum campaign groups in referendum constituencies; 32.2.3. ensure control over spending of election funds of candidates, registered candidates, political parties, and blocs of political parties within the territory of election constituencies; Source: Article 32., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 94.3. Candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission[…] Source: Article 94.2.., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 94.4. If a candidate or registered candidate loses his/her status, he/she shall have the duty to report on their finances. The duties for financial reporting of political parties, blocs of political parties and referendum campaign groups shall be carried out by their authorized representatives for financial issues. If there is no such authorized representative, financial reporting may be carried out by other persons who are included in the staff of, participated in the election campaign of, and are authorized to represent the political parities or blocs of political parties, or referendum campaign group. Source: Article 94.4.., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg.
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
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 2018). 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: 97.5.3. 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; Source: Article 97.5., Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 113.1. If a candidate, registered candidate, political party, bloc of political parties, or referendum campaign group violates the provisions of this Code, the relevant election commission shall warn the candidate, registered candidate, political party, bloc of political parties, or referendum campaign group through the mass media, providing the voters are informed. Source: Article 113.1., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Comment
The election commissions within their responsibilities form supervisory and audit services to ensure the control of expenditure of funding allocated to election commissions for election/referendum purposes, correct registration and use of election/referendum funds and sources of funding If an election commission detects elements of criminal acts relating to campaign financing, it has to submit the relevant documents to the prosecution office. Investigations can be triggered either by facts detected during the supervision by the election commissions or by complaints from citizens. If elements of administrative violations are detected, the election commission concerned has to file a complaint directly to the courts for the imposition of administrative Source: COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg. Supervisory and Audit Services of Election Commissions audit financial reports of candidates, registered candidates, political parties and blocs of political parties, referendum campaign groups; obtain information on all issues within its powers from them; obtain necessary information on issues concerning this service and the financial provision of elections from other authorities; identify violations; inform the relevant election commission on implementation of accountability measures for the violations. Source
26.2. The Central Election Commission shall implement the following duties during preparation and holding of elections to the Milli Majlis of the Republic of Azerbaijan: […] 26.2.4. ensure supervision of spending of monetary means entered into election funds of candidates (political parties); […] 26.3.8. ensure the supervision of the spending of election funds of presidential candidates; […] Source: Article 26.3, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 32. While conducting referendums, elections of deputies to the Milli Majlis, or Presidential or Municipal elections, the Constituency Election Commission shall function in the following manner, in accordance with Article 31 of this Code: […] 32.1.3. ensure control on spending of election funds of referendum campaign groups in referendum constituencies; […] 32.2.3. ensure control over spending of election funds of candidates, registered candidates, political parties, and blocs of political parties within the territory of election constituencies; […] Source: Article 32.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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. 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: 97.5.3. 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; Source: Article 97.5, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 112-1.6.5. If the expert determines that those are the cases mentioned in Article 112-1.6.4, s/he shall issue an opinion to send the complaint to the relevant prosecutor’s office by the Central Election Commission. Source: Article 112, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). Article 116. Application of Penalties by Election Commissions The Precinct and Constituency Election Commissions and the Central Election Commission shall have the right to prepare to draw a protocol of administrative offence and apply penalties in accordance with the Code of Administrative Offences of the Republic of Azerbaijan for the violations made by a candidate, registered candidate, as well as their authorized representatives and agents and those of a political party, bloc of political parties or of a referendum campaign group, in the circumstances considered by this Code. Source: Article 116, Election Code of the Republic of Azerbaijan, 2003 (amended 2018). 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 |
58. What sanctions are provided for political finance infractions? |
Code
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: [...] 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: [...] Article 22. Responsibility for violation of the law Persons who violate the requirements of this Law are liable in accordance with law. |