Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: In order to hold elections, the Central Election Commission shall form 125 election (referendum) constituencies every 5 years, based on information on the number of voters permanently residing and registered in the relevant territorial units, provided by the municipalities in conjunction with the relevant executive bodies.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 29.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population c . Compactness of constituencies g . Other
Comments: Election constituencies shall be formed in observation of the following requirements:
29.3.1: As a rule, the number of registered voters should be approximately equal among the election constituencies within the
boundaries of the administrative-territorial units of the Republic of Azerbaijan, but no more than 10% higher/lower than the average representation norm in distant or impassible places and no more than 5% higher than the average representation norm elsewhere;
29.3.2. The formation of election constituencies in administrativeterritorial units that do not share borders shall be prohibited.
29.3.3. Determining (or changing) the boundaries of election constituencies with the intended purpose of creating a majority of any group of voters shall not be allowed.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 29.3: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: In order to hold elections, the Central Election Commission shall form 125 election (referendum) constituencies (hereinafter election constituencies) every 5 years, based on information on the number of voters permanently residing and registered in the relevant territorial units, provided by the municipalities in conjunction with the relevant executive bodies.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 29.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 99: Executive power in the Republic of Azerbaijan shall be vested in the President of the Republic of Azerbaijan.
Article 101:
I. The President of the Republic of Azerbaijan is elected for a 7-year term by way of universal, direct and equal suffrage, by free, personal and secret ballot. The President of the Republic of Azerbaijan may call extraordinary elections of the President of the Republic of Azerbaijan.
II. The President of the Republic of Azerbaijan is elected by a majority of half of the votes.
III. If required majority has not achieved in the first round of voting, then second round will be held on second Sunday after the first round. Only two candidates who gained more votes than others in the first round, or two candidates following closely the first ones, should they recall their candidatures, will take part in the second round of elections.
IV. The candidate having collected majority of votes in the second round of elections is considered to be elected the President of the Republic of Azerbaijan.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 99 and 101: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister of the Republic of Azerbaijan is appointed by the President of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 118: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Executive power in the Republic of Azerbaijan shall be vested in the President of the Republic of Azerbaijan.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 99: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Article 81: Legislative power in the Republic of Azerbaijan is exercised by Milli Majlis of the Republic of Azerbaijan
Article 82: Milli Majlis of the Republic of Azerbaijan consists of 125 deputies.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 81 and 82: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: Article 83 (Constitution): The Members of the Milli Majlis of the Republic of Azerbaijan are elected on the basis of majority voting in general, equal and direct elections by way of free, individual and secret voting.
Article 143 (Election Code): 125 deputies shall be elected to the Milli Majlis from single mandate constituencies (one deputy from one constituency).
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 82: https://president.az/en/pages/view/azerbaijan/constitution
Election Code of the Republic of Azerbaijan including 2024 amendments, article 143: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Election Code of the Republic of Azerbaijan including 2024 amendments: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Constitution of the Republic of Azerbaijan (1995) including amendments: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments: The Election Code of Azerbaijan establishes the rules for the organization and conduct of elections of deputies to the parliament of The Republic of Azerbaijan (the Milli Majlis), presidential and municipal elections of the Republic of Azerbaijan and nationwide referenda.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Participation of the citizens of the Republic of Azerbaijan in elections and referendums shall be free and voluntary. Nobody shall have the right to put pressure on a citizen of the Republic of Azerbaijan to participate or not to participate in elections and referendums, and nobody may impede him/her to express his/her will freely.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, Article 2.2: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: 112.1: Voters, candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, agents of registered candidates, political parties, blocs of political parties, referendum campaign groups, observers, and election commissions may file complaints about decisions and actions (lack of actions) which violate citizens’ right to vote within 3 days of the date the decision is published or made, or the date actions (lack of actions) occurred, or
the interested person is informed about it.
112.2: The persons indicated in Article 112.1 of this Code may submit their complaints to the relevant superior election commission.
112.3. If complaints of the persons indicated in Article 112.1 are initially not considered by a superior election commission, such persons may consequently appeal complaints on the decision or the action (inaction) of the constituency election commission to the Central Election Commission, and on the decision or the action (inaction) of the Central Election Commission to the court.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, Article 112: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: 25.1: The Central Election Commission shall ensure preparation and holding of presidential elections, elections of deputies to the Milli Majlis of the Republic of Azerbaijan, as well as referendums and municipal elections. In case elections may not be conducted due to military operations in a state of war, the Central Election Commission of the Republic of Azerbaijan shall apply to the Constitutional Court of the Republic of Azerbaijan pursuant to I part of Article 84 and V
part of Article 101 of the Constitution of the Republic of Azerbaijan.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 25.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature d . A national government department
Comments: Article 95: The Milli Majlis of the Republic of Azerbaijan is competent to determine the following matters: the ratification of the State fiscal budget on the proposal of the President of the Republic of Azerbaijan and exercising control over its use;
Article 89.1: Expenditures made in the preparation and conduct of elections/referendum (hereafter referred to as elections), and the activities of election commissions during their term of office, shall be paid from the state budget. Such expenses shall be considered by the state budget in accordance with the budget division of the Republic of Azerbaijan.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 95: https://president.az/en/pages/view/azerbaijan/constitution
Election Code of the Republic of Azerbaijan including 2024 amendments, article 89.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
a . The President c . The legislature
Comments: Within three months of the official publication of election results, the Central Election Commission shall provide the President of the Republic of Azerbaijan, the Milli Majlis and media outlets with information on use of the budget and election funds by candidates and registered candidates, and the expenditure of election funds of political parties, blocs of political parties, and referendum campaign groups. The information mentioned above should be published by the official
press of the Central Election Commission within a month of the date of submission of this information to the President of the Republic of Azerbaijan and the Milli Majlis.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 96.9: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The term of an election commissions’ authority shall be 5 years.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 23.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: Under the authority established by this Code, the election (referendum) commissions shall not depend on state bodies, municipal institutions, political parties, non-governmental or other public organizations, or other legal entities and physical persons with regard to the preparation and holding elections (referendums). Such entities and their officials are not allowed to intervene in the activity of election commissions.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 17.3: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: The Central Election Commission shall consist of 18 members.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 24.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: Six members of the Central Election Commission shall be nominated by and represent the political party of which the deputies constitute the majority in the Milli Majlis; six members of the Central Election Commission shall be nominated by and represent the nonpartisan (independent) deputies; and six members shall be nominated by and represent the political parties of which the
deputies constitute the minority in the Milli Majlis.
Members of the Central Election Commission must have obtained higher education.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 24.3 and 24.4: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature g . Political parties
Comments: Six members of the Central Election Commission shall be nominated by and represent the political party of which the deputies constitute the majority in the Milli Majlis; six members of the Central Election Commission shall be nominated by and represent the nonpartisan (independent) deputies; and six members shall be nominated by and represent the political parties of which the deputies constitute the minority in the Milli Majlis. The independent deputies shall, as a rule, be represented in the Central Election Commission by independent lawyers, nominated by them, who are not in state service. Nomination of 2 candidates shall be agreed upon by the interested parties: the political party constituting majority in the Milli Majlis shall agree on one nominee, and representatives of the political parties constituting minority in the Milli Majlis shall agree on the other nominee.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 24.3: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies
Comments: The Central Electoral Commission, Constituency Election Commissions, Precinct Election Commission are required to provide voters with information.
25.2.15: provide voters with information about the timeframe and rules to exercise voters’ actions, and the course of elections (referendums);
31.1.8: inform voters about the rules and terms of performance of election activities during the course of elections (referendums), and publish information on registered candidates and preliminary election (voting) results;
37.1: The Precinct Election Commission shall perform the following duties during preparation and conduct of referendums, elections of deputies to the Milli Majlis, Presidential elections and elections to municipalities.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 25.2.15, 31.1.8 and 37.1.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/13
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments: Leading up to elections, voter education activities are conducted for stakeholders, election officials, and the public.
Source: Republic of Azerbaijan Central Election Commission: https://www.msk.gov.az/en/search/index/education
Verified: 2024/11/13
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments: The Central Election Commission of the Republic of Azerbaijan ensures the preparation and conduct of elections and referenda, development of the election system, conduct of trainings relating to legal education of voters and professional training commissioners
Source: Republic of Azerbaijan Central Election Commission: https://www.msk.gov.az/en/pages/view/fealiyyet-ve-selahiyyet
Verified: 2024/11/13
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: (...) every citizen of the Republic of Azerbaijan, who has attained the age of 18 by or on the day of Parliamentary, Presidential or Municipal elections or the day of a referendum, shall enjoy active suffrage, i.e. have the right to vote in an election, to vote in a referendum, to observe elections (referendums), to participate in a pre-election (pre-referendum) campaign, and to participate in carrying out activities as provided for in this Code regarding election operations and preparation for a referendum.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 12.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence e . Other
Comments: (...) every citizen of the Republic of Azerbaijan, who has attained the age of 18 by or on the day of Parliamentary, Presidential or Municipal elections or the day of a referendum, shall enjoy active suffrage, i.e. have the right to vote in an election, to vote in a referendum, to observe elections (referendums), to participate in a pre-election (pre-referendum) campaign, and to participate in carrying out activities as provided for in this Code regarding election operations and preparation for a referendum.
Stateless persons meeting the requirement indicated in Article 12.1 of this Code and permanently residing in the Republic
of Azerbaijan for no less than 5 years shall have the right to vote during Presidential, Parliamentary, and Municipal elections or referendums.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 12.1 and 12.2: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: 45.1: The Integrated Voters’ List (List of Citizens Who Have the Right to Participate in Referendum) (hereinafter – the Voters’ List) shall be kept by the Central Election Commission.
45.2: In accordance with Article 46.12 of this Code, information for updating of the Voters’ List shall be provided annually by Precinct Election Commissions to the Central Election Commission through the Constituency Election Commissions.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 45.1 and 45.2: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: All citizens who have active suffrage rights shall be included in the Voters’ Lists.
A voter may be included in the Voter’s List under the relevant precinct on the basis of the voter’s permanent place of residence (i.e. the place a voter has resided for at least 6 out of 12 months prior to the announcement of elections) as determined by the body responsible for recording citizens' place of residence or place of stay.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 47.1 and 47.2: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
h . Not applicable
Comments: 146.1: Political parties, blocs of political parties, and citizens of the Republic of Azerbaijan possessing suffrage and permanently residing in a constituency may nominate candidates to a single-mandate constituency.
Pursuant to Article 53 and 54 of this Code.
146.2: Candidates for repeat elections to a single-mandate constituency shall be nominated after official publication of the decision to hold elections.
146.3: Candidates for by-elections in a single-mandate constituency shall be nominated after the period indicated in Article 145.4 of this Code.
146.4: A candidate nominated by voters may consent to nomination in only one single-mandate constituency.
146.5: If a Constituency Election Commission has not been formed before the nomination of candidates, notification on the nomination of a candidate, notices of the relevant candidates on their consent, and other documents shall be sent to the Central Election Commission. The Central Election Commission shall submit the documents to the
Constituency Election Commission after the Constituency Election Commission has been formed and its chairperson has been elected.
147.1: At least 450 voters’ signatures should be collected in support of a candidate within the territory of the constituency for which he/she has been nominated.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 146 and 147: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship j . Other
Comments: I. Every citizen of the Republic of Azerbaijan with the right to participation in election can be elected a Deputy of the Milli Majlis of the Republic of Azerbaijanin the procedure determined by law.
II. Persons cannot be elected Members of the Milli Majlis of the Republic of Azerbaijan who have dual citizenship, are in State service in other countries, work in the executive or juridical organs, persons engaged in a different paid activity with the exception of scientific, creative and teaching work, ministers of religion, persons whose incapacity has been confirmed by a court, persons who serve their sentence in places of confinement based on a court verdict.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 85: https://president.az/en/pages/view/azerbaijan/constitution
Election Code of the Republic of Azerbaijan including 2024 amendments, article 144: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: 180.1. Political parties, blocs of political parties, and citizens possessing suffrage may nominate presidential candidates in accordance with Articles 53 and 54 of this Code.
180.2. Each citizen or citizens possessing suffrage may create an initiative group consisting of at least 100 persons for nominating presidential candidates.
Political parties, blocs of political parties, and citizens of the Republic of Azerbaijan possessing suffrage and permanently residing in a constituency may nominate candidates to a single mandate constituency. At least 450 voters’ signatures should be collected in support of a candidate within the territory of the constituency for which he/she has been nominated.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 146, 147, 180 and 181: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: 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: 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
83.1: In order to conduct unpaid pre-election campaigning, presidential candidates, 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 referendum campaign groups with 40,000 or more members, shall be entitled to relevant space for free advertising in periodicals issued at least once a week
86.1: State bodies and municipalities should assist the registered candidate, political party, bloc of political parties, and referendum campaign group in organizing and holding meetings and open discussions with citizens.
86.2: Applications of the registered candidate, political party, bloc of political parties, or their agents requesting the allocation of a venue for meetings with voters, shall be considered by the relevant executive authority in accordance with the laws of the Republic of Azerbaijan.
87.1: Registered candidates, political parties with registered candidates, blocs of political parties, and referendum campaign groups shall have the right to produce printed, audiovisual, and other preelection campaign materials in accordance with the rules defined by the law.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 80, 83, 86 and 87: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Law on Political Parties of the Republic of Azerbaijan including 2023 amendments, article 25: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2023)012-e
Verified: 2024/11/13
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election c . Based on current legislative representation
Comments: 25.1: In accordance with Article 25.2 of this Law, financial aid is allocated by the state for financing the activity of the political party, and for this purpose, funds are provided in a separate budget line every year.
25.2: Funds provided for in Article 25.1 of this Law (hereinafter referred to as funds) shall be allocated since the formation of the Milli Majlis of the Republic of Azerbaijan in the authorized composition based on the information of the Central Election Commission of the Republic of Azerbaijan on the number of valid votes won to winning political parties that participated at the
new calling to the Milli Majlis of the Republic of Azerbaijan and be divided between political
parties in the following manner and transferred to their bank accounts quarterly in accordance
with Article 25.7 of this Law:
25.2.1. 40 percent of funds are divided equally among the political parties represented in
the Milli Majlis of the Republic of Azerbaijan;
25.2.2. 50 percent of the funds are divided among the members of the Milli Majlis of the
Republic of Azerbaijan, and the amount received as a result of multiplying the amount received
by the number of MPs elected from the political parties represented in the Milli Majlis of the
Republic of Azerbaijan is allocated to those political parties. In the event of an increase or
decrease in the number of MPs representing political parties in the Milli Mejlis of the Azerbaijan
Republic, as a result of repeat and by-elections to the Milli Mejlis of the Azerbaijan Republic, as
well as in connection with the emergence (change) of the party affiliation of the current MPs, as
well as for other reasons, this fund will also be allocated to these political parties in accordance
with the rule established in the first sentence of the article. The unused part of the funds provided
for the political parties in the first sentence of this article for the corresponding quarter is
distributed among the political parties in proportion to the number of MPs representing the
political parties in the Milli Mejlis of the Azerbaijan Republic at the end of this quarter;
25.2.3. Five percent of funds is allocated for new political parties represented in the Milli
Majlis of the Azerbaijan Republic in the amount corresponding to the share of each political party
for the corresponding quarter as a result of repeat and by-elections to the Milli Majlis of the
Azerbaijan Republic, as well as in connection with the creation (change) of party affiliation of
acting MPs in accordance with Article 25.2.1 of this Law;
25.2.4. 2.5 percent of the funds are divided equally among the political parties who won
valid votes in the elections to the Milli Majlis of the Republic of Azerbaijan, but are not represented
in the Milli Majlis of the Republic of Azerbaijan;
25.2.5. 2.5 percent of the funds are divided proportionally according to the number of votes
won among the political parties provided for in Article 25.2.4 of this Law.
25.3. In accordance with Articles 25.2.4 and 25.2.5 of this Law, the upper limit of the annual
state financial assistance allocated to a political party cannot be more than double revenue of
this party, indicated in the financial report submitted in accordance with Article 27 of this Law
(excluding funds allocated within the framework of state financial assistance).
Source: Law on Political Parties of the Republic of Azerbaijan including 2023 amendments, article 25: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2023)012-e
Verified: 2024/11/12
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: 24.1: A political party can only accept donations from citizens of the Republic of
Azerbaijan
Source: Law on Political Parties of the Republic of Azerbaijan including 2023 amendments, article 24: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2023)012-e
Election Code of the Republic of Azerbaijan including 2024 amendments, article 156: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 106: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
f . Other
Comments: 107.6: Should the Constituency Election Commission discover mistakes or inadmissible corrections and inconsistencies in the protocol (including other documents attached thereto) of a Precinct Election Commission, the Constituency Election Commission may adopt a decision on the recount of votes in the relevant election precinct.
108.4: Should the Central Election Commission, within at the latest 4 days after Voting Day, discover mistakes or inadmissible
corrections and inconsistencies in the protocols (including other documents attached thereto) submitted by the Constituency Election Commissions, the Central Election Commission may adopt a decision on the recount of votes in the relevant election constituency.
170.3: If voting in a single mandate election constituency is considered invalid due to the miscount of ballot papers, the
Central Election Commission shall make a decision on recount of votes.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, Article 107.6, 108.4, 170.3: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance g . Other (specify)
Comments: 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;
• 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
• Referendum campaign groups with 40,000 or more members.
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;
• Referendum campaign groups with 20,000 or more members; and
• Political parties or blocs of political parties with candidates
registered in more than 1/3 of all municipalities.
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.
83.2: In order to conduct unpaid pre-election campaigning, candidates registered for single-mandate constituencies and referendum campaign groups with 20,000 or more members, as well as political parties or blocs of political parties whose candidates have been registered in more than 1/3 of all municipalities, shall be entitled to relevant space for free advertising in periodicals issued at least once a week, mentioned in Article 77.3 of this Code
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 80 and 83: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments: According to the final report of the OSCE/ODIHR, in 2008 presidential election regular roundtable discussions on Public TV and radio provided an opportunity for candidates to present their message to voters, although the format of these roundtables offered limited opportunities for genuine political debate. While the presidential election in 2003 is characterized by the organization of regular televised debates among candidates or their representatives by State TV.
During the parliamentary elections in 2010, the four minutes of free airtime allocated to each candidate were the only opportunity for them to present their message to voters, as no other national TV channel organized debates or political talk shows with candidates.
During the parliamentary elections held in 2005, regular televised debates, although somewhat limited by the format, gave the parties further opportunities to inform voters of their views.
Source: Election Observation Mission Final Report on the Presidential Election in the Republic of Azerbaijan (OSCE/ODIHR, 2008): http://www.osce.org/odihr/elections/azerbaijan/35625;
Election Observation Mission Final Report on the Presidential Election in the Republic of Azerbaijan (OSCE/ODIHR, 2003):
http://www.osce.org/odihr/elections/azerbaijan/13467;
Election Observation Mission Final Report on the Parliamentary Elections in the Republic of Azerbaijan (OSCE/ODIHR, 2010):
http://www.osce.org/odihr/elections/azerbaijan/75073;
Election Observation Mission Final Report on the Parliamentary Elections in the Republic of Azerbaijan (OSCE/ODIHR, 2005):
http://www.osce.org/odihr/elections/azerbaijan/17946.
Verified: 2024/11/12
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments: Results of a public opinion survey and forecasts of election results shall not be allowed to be published in the mass media in the 24 hours before Election Day.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 76.2: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments: The Election Code of the Republic of Azerbaijan does not specify any limits on paid advertising.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 2 and 3: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: I. The people of Azerbaijan may resolve any issue related to their rights and interests by means of referendum.
II. The following issues may be resolved by referendum only:
1. adoption of the Constitution of the Republic of Azerbaijan and introduction of amendments thereto;
2. alteration of state borders of the Republic of Azerbaijan.
III. No referendum may be held with respect to the following issues:
1. taxation and state budget;
2. amnesty and pardon;
3. election, appointment or approval of the officials, whose election, appointment or approval is assigned to the competence of the legislative and (or) executive bodies respectively.
2. Amnesty and pardon;
3. The election, appointment or confirmation of officials, whose election,
appointment or confirmation are within the competence of the legislative
organs and (or) the executive power.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 3: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The people of Azerbaijan may resolve any issue related to their rights and interests by means of referendum.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 3: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution of the Republic of Azerbaijan (1995) including amendments: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: I. Right to legislative initiative in Milli Majlis of the Republic of Azerbaijan (the right to submit draft laws and other questions for the consideration of the Milli Majlis of the Republic of Azerbaijan) belongs to deputies of Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, forty thousand citizens of the Republic of Azerbaijan entitled to the right to elections, the Prosecutor’s Office of the Republic of Azerbaijan and the Ali Majlis of the Nakhichevan Autonomous Republic.
The manner in which 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage exercise their right to initiate legislation shall be defined by law.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 96: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: If political parties or referendum campaign groups merge, all but one of the members with consultative voting rights affiliated with these parties or groups shall be recalled from the election commissions. If a political party or referendum campaign group does not adhere to this requirement, the relevant election commission shall exclude on its own consideration the member with consultative voting rights to be recalled from the commission.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 21.4: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: The application and execution of acts adopted by referendum shall be obligatory for citizens, the legislature, the executive and the judiciary, legal entities and municipalities only upon the publication thereof.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 149: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: I. The people of Azerbaijan may resolve any issue related to their rights and interests by means of referendum.
II. The following issues may be resolved by referendum only:
1. adoption of the Constitution of the Republic of Azerbaijan and introduction of amendments thereto;
2. alteration of state borders of the Republic of Azerbaijan.
III. No referendum may be held with respect to the following issues:
1. taxation and state budget;
2. amnesty and pardon;
3. election, appointment or approval of the officials, whose election, appointment or approval is assigned to the competence of the legislative and (or) executive bodies respectively.(or) executive bodies.
Source: Constitution of the Republic of Azerbaijan (1995) including amendments, article 3: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source: Constitution of the Republic of Azerbaijan (1995) including amendments: https://president.az/en/pages/view/azerbaijan/constitution
Verified: 2024/11/12
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations e . At mobile polling stations
Comments: 35.4: Polling stations (precincts) may be created in conformity with the rules defined by the Central Election Commission and within the period defined by Article 35.2 of this Code in the following cases: On oil platforms located in the Azerbaijani sector of the Caspian Sea, ships at sea on Election Day (if more than 50 voters are on), and in facilities where voters are temporarily present (hospitals, sanatoriums and rest homes). But in exceptional cases specified by the Central
Election Commission, polling stations may be created at least 5 days prior to Election Day. Such polling stations shall be included in the constituency created where they are situated or, in the case of ships, the territory where the ship is registered. Such voting stations may only be created during referendums and Presidential elections.
105: The Precinct Election Commission should create possibilities for all voters, including those who cannot come to the voting room because of the state of their health, to participate in voting. A mobile ballot box for this purpose should be available in the election precinct.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 35.4 and 105.1: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country f . Diplomatic staff g . Other
Comments: 47.4: The basis for including citizens of the Republic of Azerbaijan residing outside of the Republic of Azerbaijan and those who are on a long-term foreign missions or business trips in the Voters’ List, shall be the fact a person is permanently residing outside of the Republic of Azerbaijan, or the fact a voter is on a long-term business trip (as determined by the diplomatic representations or consular offices of the Republic of Azerbaijan).
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 29.2, 35.6 and 47.4: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations
Comments: Election precincts, which are established for the collection and counting of votes of voters outside the country on Voting Day, shall be created by the heads of diplomatic representations or consulates of the Republic of Azerbaijan at least 30 days prior to Voting Day, in the territories where such voters reside, provided the number of voters registered with the consulate is more than 50. Such polling stations may only be created during referendums and Presidential elections
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 35.6: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Every voter shall vote in person and alone. To vote in place of other persons shall be prohibited. Ballot papers shall be marked in a room or booth where nobody is authorized to enter and equipped with special technical to ensure the secrecy of the vote. A voter with disability who is not able to mark the ballot paper without assistance may invite any other person into the voting booth or room, except members of Precinct Election Commissions or observers. The surname and initials of this person shall be indicated with the voter’s signature on receipt of the ballot paper in the Voter’s List.
Source: Election Code of the Republic of Azerbaijan including 2024 amendments, article 104.9: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
Verified: 2024/11/12
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