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IFES/OSCE joint unofficial translation – 12 06 2000

LAW OF THE AZERBAIJAN REPUBLIC

On the Central Election Commission of the Azerbaijan Republic

Article 1. Statute of the Central Election Commission of the Azerbaijan Republic

In accordance with articles 83 and 101 of the Constitution of the Azerbaijan Republic the Central Election Commission of the Azerbaijan Republic is a state body functioning on a permanent basis.

The Central Election Commission of the Azerbaijan Republic carries out elections for the President of the Azerbaijan Republic and for members of the Milli Majlis of the Azerbaijan Republic.

Article 2. The rules of establishment of the Central Election Commission of the Azerbaijan Republic

The Central Election Commission of the Azerbaijan Republic consists of 18 members. One third of the Central Election Commission represents the political party with a majority of elected deputies in the Milli Majlis from the multi-seat constituency who nominate their candidacy. One third of the CEC members represent non-partisan deputies who nominate their candidacy. One third of the CEC members represent political parties from the minority of elected deputies to the Milli Majlis from the multi-seat constituency who nominate their candidacy. Non-partisan deputies nominate candidates to the CEC who should be independent jurists. Interested sides agree on the candidacy of two independent jurists. One candidate is selected by the representatives of the political party with a majority of elected deputies to the Milli Majlis from the multi-seat constituency. The another one is selected by the representatives of the political parties with a minority of elected deputies to the Milli Majlis from the multi-seats constituency.

Nine members of the Central Election Commission of the Azerbaijan Republic are appointed by the Milli Majlis of the Azerbaijan Republic, and another nine members are appointed in accordance with paragraph 32, article 109 of the Constitution of the Azerbaijan Republic.

The term of office of members of the Central Election Commission is 6 years. One third of the CEC members are re-nominated by the state body which delegated them to the CEC every two years in equal numbers as mentioned in this article.

Members of the Central Election Commission of the Azerbaijan Republic shall not be members of any political party.

Members of the Central Election Commission should have higher education.

The chairman of the Central Election Commission of the Azerbaijan Republic, his deputies and secretaries are elected at the first meeting of the Commission by members according to the rules mentioned in Article 3 of this Law on the basis of an open ballot.

Article 2-1. Powers of the Central Election Commission of the Azerbaijan Republic.

The Central Election Commission:

The Central Election Commission, jointly with an appropriate executive body and bodies of local self-government, arranges the uniform system of voter registration.

The Central Election Commission, within the limits of its competence, adopts instructions and methodological guidelines on the application of legislation on elections and referenda.

If a lower-level election commission infringes on the right of citizens to participate in election and referenda, and the said infringement results in the voting returns in the corresponding territory being declared null and void by the Central Election Commission (or by the relevant court) the said election commission or referendum commission may be disbanded by the Central Election Commission.

The Central Election Commission’s decision to dissolve a lower-level commission may be appealed in the Supreme Court of the Azerbaijan Republic by persons who have the right to do so in accordance with legislation.

The said appeal is urgently taken for consideration and the relevant decision is taken in no longer than one week. Where a decision of the Supreme Court of the Azerbaijan Republic is in force, the corresponding low-level commission should be set up in accordance with the appropriate law regulation in no longer than one week.

Article2-2. Powers of the Central Election Commission during the elections to the Milli Majlis

The Central Election Commission exercises the following powers while preparing for and conducting elections to the Milli Majlis:

Article 2-3. Authority of the Central Election Commission of the Azerbaijan Republic during Presidential Elections of the Azerbaijan Republic.

The Central Election Commission, in accordance with rules defined by the law ─▒n preparation for, and conduction of, the President─▒al Elections, carries out the following functions:

Article 2- 4. Authority of the Central Election Commission during the Municipal Elections of the Azerbaijan Republic.

The Central Election Commission:

Article 3. Taking decisions by the Central Election Commission of the Azerbaijan Republic

The Central Election Commission of the Azerbaijan Republic takes decisions within its competence.

The Chairperson of the CEC represents the political party which has a majority of the elected deputies to the Milli Majlis from the single multi-mandate constituency. One of the Secretaries of the CEC represents deputies who are not members of any political party, and the other one represents political parties which have a minority of elected deputies to the Milli Majlis from the single multi-mandate constituency. "The CEC decisions are taken by open voting by a majority of 2/3 of members present at the CEC session:

In cases where 12 members take part in a meeting of the CEC a majority of votes is not less than 8 members. For 13 members who vote a majority is not less than 9 members. For 14 or 15 members who vote a majority is at least 10 members. For 16 members who vote a majority is at least 11 members. For 17 or 18 members who vote a majority is at least 12 members. The CEC decisions are signed by the CEC Chairman and the CEC Secretaries. In cases where the above-mentioned persons do not sign a decision of the CEC, the same decision can be signed by members of the CEC who voted for it. Decisions of the CEC must be officially published within two days."

A CEC meeting is authorised if there are not less than two thirds of its members taking part in that meeting.

Article 4. The statute of the members of the Central Election Commission of the Azerbaijan Republic

A member of the Central Election Commission of the Azerbaijan Republic has to participate at all meetings of the Commission.

Members of the Central Election Commission act according to the regulations of the Central Election Commission and are responsible for their actions.

Candidates to the Presidency of the Azerbaijan Republic and to the membership of the Milli Majlis of the Azerbaijan Republic, their immediate relatives, their trusted representatives, persons in their immediate subordination, plenipotentiary representatives and observers of the political parties, voters initiative groups, election associations, election blocks and members of a lower level election commission can not be members of the Central Election Commission of the Azerbaijan Republic.

A member of the Central Election Commission of the Azerbaijan Republic:

When a member of the Central Election Commission is dismissed from membership of the commission before his/her term of office ends, immediately according to the rules mentioned in the Article 2 of the Law a new member is assigned by the relevant state body. A member of the Central Election Commission of the Azerbaijan Republic can be relieved of his membership by the decision of the body that appointed him in the following cases:

During the term of his membership the member of the Central Election Commission of the Azerbaijan Republic can not be relieved of his duties by the initiative of his employer, or transferred to another job without his consent.

Central Election Commission members are paid a salary for their work during the elections.

A member of the Central Election Commission of the Azerbaijan Republic can be neither subject to criminal charges, nor subject to administrative penalty by the decision of the court, without the consent of the General Prosecutor of the Azerbaijan Republic.

In the period of the elections, members of the Central Election Commission of the Azerbaijan Republic have the right to use long distance and local public transportation means (except taxis and chartered flights) free of charge for movement across the country. The transportation expenses across the country are covered by the budget of the Central Election Commission.

Article 5. The modalities of the work of the Central Election Commission of the Azerbaijan Republic

Within the framework of the allocations defined by the state budget for the Central Election Commission of the Azerbaijan Republic it establishes the salary of the members of the Central Election Commission of the Azerbaijan Republic, the structure of the secretariat, its table of posts and salary of the members of the secretariat. The Chairman of the CEC distributes positions amongst the members of the CEC including Deputies to the Chairman of the CEC and Secretaries of the CEC.

The Central Election Commission of the Azerbaijan Republic has its own official publication.

The Central Election Commission of the Azerbaijan Republic is a judicial person.

Article 6. Complaints on decisions of the Central Election Commission.

A person can apply to the Supreme Court of the Azerbaijan Republic with a complaint on a decision of the Central Election Commission of the Azerbaijan Republic. The Supreme Court of the Azerbaijan Republic examines complaints on decisions of the Central Election Commission of the Azerbaijan Republic within 5 days. A complaint on a decision of the Central Election Commission can be submitted to the Supreme court of the Azerbaijan Republic within 7 days starting from the day it is officially published.

Article 7. Entry into force of the Law

This Law enters into force as of the date of its publication.