CHAPTER I
COMMON PROVISIONS
Article 1. Basic Principles of Elections to Milli Majlis of the Azerbaijan Republic
- The basis of elections (hereafter referred to as elections) to the Milli Majlis of the Azerbaijan Republic (hereafter referred to as the Milli Majlis) are defined by Article 83 of the Constitution of the Azerbaijan Republic.
- Citizens of the Azerbaijan Republic participate in the elections freely and voluntarily. No one has the right to pressure a citizen of the Azerbaijan Republic to participate or not to participate in the elections or to control his/her choice of whom he/she votes for.
Article 2. Legislation on Elections to Milli Majlis
- The Constitution of the Azerbaijan Republic, this law and other laws are the basis of the legislation on elections to the Milli Majlis.
Article 3. Elections to Milli Majlis
- 100 deputies of the Milli Majlis are elected as a rule on the basis of a single representation norm of voters in single mandate election districts (one district – one deputy). The single representation norm of voters is determined by dividing the total number of registered voters by 100.
- 25 deputies of Milli Majlis are elected on the basis of number of proportional votes cast for the list of candidates (hereafter referred to as candidates) nominated by political parties and blocks of political parties in a single multi-mandate election district.
Article 4. Suffrage of Citizens of Azerbaijan Republic
- According to article 56 of the Constitution of the Azerbaijan Republic (hereafter referred to as the Constitution), on election day, a citizen of the Azerbaijan Republic, who is 18 years old, and who lives permanently, or basically, within the territory of the relevant election district, has the right to vote to elect a deputy to the Milli Majlis in a single-mandate election district.
- According to article 56 of the Constitution, on the election day, citizens of the Azerbaijan Republic who are 18 years old have the right to vote to elect a deputy in a single multi-mandate election district.
- Citizens of the Azerbaijan Republic who are 18 years old have the right to participate:
- in determination of voting and election results;
- in nomination of candidates;
- in determination of lists of candidates;
- in election campaign;
- in observation of conduct of elections and election commission’s working processes;
- in implementation of other election actions in accordance with the rules considered by this law and other laws.
- Citizens of the Azerbaijan Republic mentioned in article 85 of the Constitution can be elected to be a deputy of the Milli Majlis.
- Citizens of the Azerbaijan Republic who are, or live, outside of the territory of the Azerbaijan Republic have equal rights as other citizens of the Azerbaijan Republic during the elections.
Article 5. Determination of Elections to Milli Majlis
- According to articles 84.2 and 109.1 of the Constitution of the Azerbaijan Republic, a date of new elections is determined by the President of the Azerbaijan Republic. [The intent to hold] elections are announced at the latest 120 days prior to election day. The term of office of the newly elected Milli Majlis commences from the first day it meets.
- The Milli Majlis is considered to be elected from the date it is formed with authorised membership after the elections. A decision on the determination of elections is published officially by the mass media at the latest within five days after such a decision is made.
Article 6. Right to Nominate a Candidate for Deputy of the Milli Majlis
- Candidates for deputy of the Milli Majlis can be nominated by the voters of the relevant single-mandate election district or by themselves.
- Candidates and lists of candidates can be nominated by political parties and blocks of political parties. When using the terms "political parties" and "blocks of political parties" in this law, it means political parties and blocks of political parties which have been registered by the Central Election Commission (hereafter referred to as the Central Election Commission) for participating in the election to the Milli Majlis.
Article 7. Preparation and Conduct of Elections to the Milli Majlis by Election Commissions
- Election commissions make arrangements for the preparation and conduct of elections. [The election commission also] provides conditions for implementation and protection of citizens’ rights to elect and [determines] if the rights mentioned above are followed, within the powers defined by this law and other laws.
- Election commissions do not depend on state government and local self-government bodies in preparation and conduct of elections within the powers defined by this law and other laws. The abovementioned bodies and their officials are prohibited from interfering with the election commissions’ activities. Persons who interfere or influence the election commissions’ activity will have administrative or criminal accountability.
- Decisions and acts adopted by the election commissions within their powers defined by this law and other laws are compulsory for municipalities, candidates for deputy, registered candidates for deputy, political parties and blocks of political parties, officials and voters.
- During the preparation and conduct of elections, election commissions have the right to use state automated information systems to inform voters about the following within the powers defined by this law and other laws:
- election preparation and conduct processes;
- results of elections;
- sources, collection, completeness [of information], updating [information], the transfer and security of information used during the preparation and conduct of elections;
- providing election commissions with information.
Article 8. Right to Conduct Election Campaign
- The state ensures that the citizens of the Azerbaijan Republic and political parties can conduct a free election campaign in accordance with this law and other laws.
- Citizens of the Azerbaijan Republic and political parties have the right:
- to conduct election campaigns in forms and through methods allowed by the law by calling people to participate in the elections;
- to encourage people to vote for, or against, any candidate or list of candidates registered by the Central Election Commission.
- The state defines the conditions for equal use of the mass media for election campaign for:
- registered candidates for deputy;
- candidates from the registered list of candidates nominated by political parties and blocks of political parties.
Article 9. Financing Elections
- The preparation and conduct of elections are financed from the state budget.
- Candidates, registered candidates, political parties and blocks of political parties create special election funds for financing their election campaign.
Article 10. Transparency During the Preparation and Conduct of Elections
- The preparation and conduct of elections are held openly and transparently.
- All resolutions and other statutes on the preparation and conduct of elections adopted by the election commissions, state government bodies, and municipalities should be published, or citizens should be informed about these [resolutions and other statutes] by other means.
Article 11. Prohibition of Foreigners, Persons Without Citizenship or Foreign Legal Entities from Participating in the Elections
- Foreigners, persons who do not have citizenship, or foreign legal entities, and their branches and representations (hereafter referred to as legal entities) cannot assist or obstruct nomination of candidates, registration of candidates, or election of registered candidates.
- Foreigners, persons who do not have citizenship or foreign legal entities, who do not follow these requirements, will be accountable as defined by this law.