58. What sanctions are provided for political finance infractions?

Azerbaijan

Azerbaijan

Answer
  • Deregistration of party
  • Loss of nomination of candidate
Source

Law of the Republic of Azerbaijan on political parties, 2023, https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)012-e
 

Election Code of the Republic of Azerbaijan, 2003 (as amended 2019). https://www.msk.gov.az/uploads/qanunvericilik/Election-code_2020.pdf 

Comment

For violation of the requirements of the LPP, persons shall be liable in cases established by the Civil Code of the Republic of Azerbaijan, the Code of Administrative Offenses, and the Criminal Code (Art. 29). The political party shall return the donation received in violation of the requirements of the LPP within 30 days from the day of its acceptance or from the date of receipt of the information of the Central Election Commission of the Republic of Azerbaijan; otherwise, it shall be transferred to the state budget (Art. 24.7.). The ECode sets some sanctions as follows: 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 (Art. 113.2.): 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 the ECode (Art. 113.2.3.); 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 (Art. 113.2.4.); 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 the ECode (Art. 113.2.5.); 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 the ECode (Art. 113.2.6.); if a candidate, political party, bloc of political parties, or referendum campaign groups do not submit their initial financial report (Art. 113.2.8.); 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 the ECode (Art. 113.2.10.); if a registered candidate who is in government or municipal service does not stop cease operating in such a capacity while participating in elections (Art. 113.2.12.); or if a registered candidate, political party or bloc of political parties with registered candidates use illegal donations transferred to their funds (Art. 113.2.13.). 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 (Art. 115.1.): those who have violated rules for election campaigning, including those who have conducted election campaign a day prior to or on Voting Day (Art. 115.1.8.); those who have produced and distributed commercials or other advertisements which violate the regulations stipulated in this Code, or who have rendered charitable assistance (Art. 115.1.9.); those who have violated rules for financing election campaigns, as defined by the ECode (Aty. 115.1.10.)

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