Political Finance Database

Azerbaijan

Azerbaijan

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

According to Law of the Republic of Azerbaijan on Political Parties (LPP) adopted in January 2023, a political party is prohibited from being financed by, including receiving donations from (Art. 23.2. ): … international organizations, foreign states and foreign legal entities (23.2.4.); and foreigners and stateless persons (23.2.5.).

Election Code of the Republic of Azerbaijan (ECA) also prohibits international organizations and international social movements from rendering voluntary donations and assistance in kind or services to election funds of political parties and blocs of political parties (Art. 90.2.6).

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 

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

ECA prohibits foreign countries and foreign legal entities; foreign citizens; stateless persons;   international organizations and international social movements from rendering voluntary donations and assistance in kind or services to election funds of candidates and registered candidates (Art. 90.2.1, 90.2.2, 90.2.3 and 90.2.6).  

Source

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

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

Corporate donations are not banned, but there are certain limits.

LPP prohibits obtaining donations by the following persons: local self-governing bodies and their subordinate institutions (Art. 23.2.2.) and other legal entities, including public associations and foundations, and religious institutions (Art. 23.2.3.). 

Election Code prohibits political parties from receiving donations from the following sources:  State bodies and municipalities (Art. 90.2.7.); state and municipal organizations and offices (Art. 90.2.9.); legal entities (including foreign interests), 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 (Art. 90.2.6 and 90.2.9), military units (Art. 90. 2.10)., and charitable organizations, religious associations, institutions and organizations (Art. 90. 2.11).

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

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

Corporate donations are not banned, there are certain limits on them

ECode prohibits election funds of candidates and registered candidates receiving donations from the following sources:  State bodies and municipalities (Art. 90.2.7.); state and municipal organizations and offices (Art. 90.2.9.); legal entities (incluidng foreign interests), 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 (Art. 90.2.6 and 90.2.9), military units (Art. 90. 2.10)., and charitable organizations , religious associations, institutions and organizations (Art. 90. 2.11). 

Donations received by parties, candidates or referendum campaign groups from the above-mentioned entities must be returned to the donor within 10 days of receipt, deducting the transfer expenses and indicating the reasons for return (Art. 93.5.) 

Source

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

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

LPP (Art. 23.2.3.) does not explicitly refer to trade unions but mentions legal entities, including public associations and foundations, and religious institutions. The Venice Commission recognizes that the new law removes trade unions from the list of entities banned from making donations to political parties.

However, the Law of Trade Unions prohibits unions from engaging in political activity and are not permitted to collaborate with political parties, render assistance, make contributions, or get help or charitable means from them (Art. 6).

Source

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

Joint Opinion on the Law of Political Parties: https://www.osce.org/files/f/documents/1/4/543922.pdf 

The Law of the Azerbaijan Republic about trade unions, https://www.ecoi.net/en/file/local/1300956/1226_1296664694_4d47f2cc2.pdf 

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

ECode does not explicitly prohibit election funds of candidates and registered candidates receiving donations from trade unions. 

However, Art. 6 of the Law of Trade Unions prohibits unions from engaging in political activity administratively or financially. 

Source

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

The Law of the Azerbaijan Republic about trade unions, https://www.ecoi.net/en/file/local/1300956/1226_1296664694_4d47f2cc2.pdf

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

LPP prohibits a political party from being financed by physical persons who do not indicate their name, surname, patronymic, date of birth, registered address, or contact telephone number (Art. 23.2.7). ECode also prohibits political parties, blocs of political parties, and referendum campaign groups from obtaining voluntary donations and assistance in kind or services to their election funds from anonymous donors who do not provide any information or misinform on one of the following items: For a citizen: • Forename, surname, or patronymic; • Batch and serial number and date of issue; • Identification document or substitute document; • Address; • Date of birth. For a legal entity: • Identification number of taxpayer; • Name; • Date of registration; • Bank account; • Amount of shares owned by the state or municipality in their charter capital; and • Amount of foreign shares in their charter (Art. 90.2.12).

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

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

ECode prohibits election funds of candidates and registered candidates from obtaining voluntary donations and assistance in kind or services to their election funds from anonymous donors who do not provide any information or misinform on one of the following items: For a citizen: • Forename, surname, or patronymic; • Batch and serial number and date of issue; • Identification document or substitute document; • Address; • Date of birth. For a legal entity: • Identification number of taxpayer; • Name; • Date of registration; • Bank account; • Amount of shares owned by the state or municipality in their charter capital; and • Amount of foreign shares in their charter (Art. 90.2.12).

Source

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

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Comment

Corporate donations to political parties are prohibited

LPP porhibits obtaining donations by  the following persons: local self-governing bodies and their subordinate institutions (Art. 23.2.2.) and  other legal entities, including public associations and foundations, religious institutions (Art. 23.2.3.). 

ECode prohibits political parties receiving donations from the following sources:  State bodies and municipalities (Art. 90.2.7.); state and municipal organizations and offices (Art. 90.2.9.); legal entities (incluidng foreign interests), 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 (Art. 90.2.6 and 90.2.9), military units (Art. 90. 2.10)., and charitable organizations , religious associations, institutions and organizations (Art. 90. 2.11).

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

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Comment

Corporate donations to candidates are prohibited.

ECode prohibits election funds of candidates and registered candidates receiving donations from the following sources:  State bodies and municipalities (Art. 90.2.7.); state and municipal organizations and offices (Art. 90.2.9.); legal entities (including foreign interests), 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 (Art. 90.2.6 and 90.2.9), military units (Art. 90. 2.10)., and charitable organizations, religious associations, institutions and organizations (Art. 90. 2.11). Donations received by parties, candidates, or referendum campaign groups from the above-mentioned entities must be returned to the donor within 10 days of receipt, deducting the transfer expenses and indicating the reasons for return (Art. 93.5.) 

Source

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

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Comment

ECode prohibits political parties, blocs of political parties, and referendum campaign groups from obtaining and receiving donations from legal entities (including foreign interests), of which more than 30% of the charter (property) capital belongs to the state or municipality on the day of the official publication of the decision to hold elections (Art. 90.2.6 and 90.2.9).

Source

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

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Comment

ECode prohibits election funds of candidates and registered candidates from obtaining voluntary donations and assistance in kind or services to their election funds from legal entities (including foreign interests), 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 (Art. 90.2.6 and 90.2.9).

Source

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

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment

ECode states that the persons participating in elections (referendums) shall follow the terms given below: [...] to not use administrative, municipal, or other public resources outside the circumstances prescribed in this Code; [...]  The conduct of pre-election campaigning and the distribution of campaign materials shall be prohibited for: (Art. 74.4.) Officials who, while performing or abusing their status as employees of government bodies, agencies, or organizations, or persons who hold high posts at the municipal agencies or organizations, civil and municipal servants, and military personnel; (Art. 74.4.2. ) and Election commissions, the members of an election commission with decisive voting rights, and other election commission officials (74.4.3. )                                                               The Criminal Code of Azerbaijan also prohibits the abuse of office, i.e., deliberate, in defiance of the interests of the service, use or non-use where it is necessary for the service interests, by an official of his authority 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 (Art. 308.1). A report compiled by the COE Congress of Local and Regional Authorites refers to violations in Azerbaijan.

Source

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

Criminal Code of the Republic of Azerbaijan, 1999 (amended 2017). https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Criminal%20Code.pdf 

Council of Europe Congress of Local and Local Authorties, The misuse of administrative resources during electoral processes: the role of local and regional elected representatives and public officials, Report CG31(2016)07final, https://rm.coe.int/168071a562 

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
Comment

The upper limit of a person's donations to one or more parties during the year cannot exceed 35 times the minimum wage . The value of the donation received in the form of other property is determined by market price (Art. 24 of LPP). The Venice Commission states that, although imposing a yearly donation ceiling may be reasonable, it's odd why the annual donation ceiling is limited by a value of 35 times the minimum wage. The maximum yearly membership cost is also established at this same amount (Article 23.3). However, one could anticipate that annual dues would be less than donations. The Joint Guidelines emphasize that membership costs should be reasonable and not so expensive as to unduly restrict membership (paras. 207–208).

Source

Law of the Republic of Azerbaijan on political parties, 2023, https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)012-e  European Commission For Democracy Through Law (Venice Commission) OSCE Office For Democratic Institutions And Human Rights (OSCE/ODIHR), Azerbaijan Joint Opinion On The Law On Political Parties, Strasbourg / Warsaw, Monday 13 March 2023, https://www.osce.org/files/f/documents/1/4/543922.pdf

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
The upper limit of a person's donations to one or more parties during the year cannot exceed 35 times the minimum wage
Comment

The upper limit of a person's donations to one or more parties during the year cannot exceed 35 times the minimum wage . The value of the donation received in the form of other property is determined by market price (Art. 24 of LPP). The Venice Commission states that, although imposing a yearly donation ceiling may be reasonable, it's odd why the annual donation ceiling is limited by a value of 35 times the minimum wage. The maximum yearly membership cost is also established at this same amount (Article 23.3). However, one could anticipate that annual dues would be less than donations. The Joint Guidelines emphasize that membership costs should be reasonable and not so expensive as to unduly restrict membership (paras. 207–208

Source

Law of the Republic of Azerbaijan on political parties, 2023, https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)012-e  European Commission For Democracy Through Law (Venice Commission) OSCE Office For Democratic Institutions And Human Rights (OSCE/ODIHR), Azerbaijan Joint Opinion On The Law On Political Parties, Strasbourg / Warsaw, Monday 13 March 2023, https://www.osce.org/files/f/documents/1/4/543922.pdf

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

There are upper limits for the election funds of candidates, registered candidates, political parties, and blocks of parties (500.000 manats at maximum) during elections to Milli Majlis. Voluntary donations to political parties during the Milli Majlis and municipal elections by citizens and legal entities are limited by the ECode (Art. 156.2.4. and 156.4.3). Voluntary donations to political parties or blocs of political parties with candidates nominated for municipal elections cannot exceed 750 manats (for citizens) or 25,000 manats (for legal entities) during municipality elections (Art. 225.5.3).

Source

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

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
500.000 manats during elections to Milli Majlis. For municipal elections: 750 manats (for citizens) or 25,000 manats (for legal entities)
Comment

There are upper limits for the election funds of candidates, registered candidates, political parties, and blocks of parties (500.000 manats at maximum) during elections to Milli Majlis. Voluntary donations to political parties during the Milli Majlis and municipal elections by citizens and legal entities are limited by the ECode (Art. 156.2.4. and 156.4.3). Voluntary donations to political parties or blocs of political parties with candidates nominated for municipal elections cannot exceed 750 manats (for citizens) or 25,000 manats (for legal entities) during municipality elections (Art. 225.5.3).

Source

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

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Comment

There are upper limits for the election funds of candidates, registered candidates, political parties, and blocks of parties (500.000 manats at maximum) during elections to Milli Majlis. 

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
50,000 manats
Comment

There are different limits as outlined in Article 225 of the Election Code 

Source

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

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

The maximum limit of candidates' and registered candidates' election fund assets should not exceed 500 thousand manats during Elections to the Milli Majlis (Art.156.1.)  The maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. (Art. 191.1) 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 (art. 191.21.).  Maximum limit of the funds of candidates for municipality membership,  in pursuant to the minimum number signatures for a territory with certain population determined by Art. 215 of the Election Code vary between 5 thousand and 50 thousand manats (Art. 225.2).

Source

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

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Comment

24.5. The upper limit of a person's donations to one or more parties during the year cannot exceed 35 times the minimum wage. The value of the donation received in the form of other property is determined by market price.

Source

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

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

Ecode neither sets any limit on in-kind donations nor specifies how the value of in-kind donations is defined. The limit for individual contributions to a candidate may apply (See Question 19. See also Art. 156.2.4.; 191.2.3.; and 225.1.4. and 225.1.5.).

Source

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

23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Comment

A political party - a non-commercial legal entity (Art. 1.1.1.).

Source

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

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

There is no specific restriction regarding political parties taking loans in relation to election campaigns. However, the LPP defines funds earned from debts and loans as a source of income. Party incomes include, under civil law contracts, funds received from the use and sale of property, debt (loans), and other income not prohibited by law (Art. 23.1.7.). In other words, political parties can take loans during or out of election campaigns.

Source

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

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

The Election Code legally lists the sources of candidates' funds in which taking loan is not included. 

The sources of income are determined by ECode as follows: 1. Special election fund and voluntary donations during the Milli Majlis and Presidential elections (Art. 156.2 and 191.2); 2. During municipality elections special election fund, voluntary donations, and the funds allocated by municipalities in equal amounts to election funds of candidates nominated within their territory (Art. 225.1 and 3).   

Source

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

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

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    

27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Comment

The LPP requires political parties to accept funds only in the national currency and by transferring them to a bank account without cash (Art. 23.7). Bank operations and any other operations cannot be carried out by a political party on donation without providing information about it (Art. 24.6).

ECode obliges the candidates to open a special election account to form their election fund within 5 days of submitting a notification of nomination in a single-mandate constituency to the Constituency Election Commission (Art. 157.1). Political parties and blocs of political parties that intend to open a single election fund for their candidates shall open a special election account to form the single election fund within 5 days of submitting the list of candidates nominated in more than 60 single-mandate constituencies to the Central Election Commission (Art. 157.2.).

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    

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Comment

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. The upper limit of the annual state financial assistance allocated to a political party cannot be more than double the revenue of this party (Art. 25.3).

Source

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

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of votes in previous election
Comment

Based on the information of the Central Election Commission of the Republic of Azerbaijan on the number of valid votes won by winning political parties that participated in the new calling to the Milli Majlis of the Republic of Azerbaijan, the number of valid votes will be divided between political parties in accordance with multiple criteria.

Source

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

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received Proportional to seats received
Comment

40 percent of funds are divided equally among the political parties represented in the Milli Majlis of the Republic of Azerbaijan; 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; 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 the first criterion; 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; and 2.5 percent of the funds are divided proportionally according to the number of votes won among the political parties mentioned in the fourth criterion (Art. 25.2 through 5.)

Source

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

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Ongoing party activities
Comment

State financial aid is allocated by the state for financing the activity of the political party (Art. 25.1.)

Source

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

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment

Although the Law of the Republic of Azerbaijan "On Media" underlines that political parties shall provide information to media and journalists about their activities (Art. 17), there is no specific provision about the allocation of free or subsidized access to media for political parties in the relevant legislation except during the elections. Political parties and religious organizations can only own print media; they cannot own television or radio stations (Article 26.4). In accordance with Articles 77 through 86 of the Election 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 (see also Art. 11.3.). TV and radio companies that are founded in the municipal district shall have to create equal conditions for the registered candidate, political parties or blocs of political parties, and referendum campaign groups who are campaigning in the territory of the relevant municipality.

Source

Law of the Republic of Azerbaijan "On Media", 2022, https://acra.gov.az/en/news/838
Election Code of the Republic of Azerbaijan, 2003 (as amended 2019). https://www.msk.gov.az/uploads/qanunvericilik/Election-code_2020.pdf

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Equal
  • Number of members
  • Number of candidates
Comment

The following criteria are effective during the elections. 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 campaigns (Art. 77). 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 shall have the right to free airtime for TV and radio companies for election campaigning (Art. 80). 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 shall have the right to free TV and radio airtime companies for pre-election campaigning (Art. 80). See also Art. 155, 189, and 224.

Source

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

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

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 campaigns (Art. 77). 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 shall have the right to free airtime for TV and radio companies for election campaigning (Art. 80). Candidates registered in a single-mandate constituency, 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 shall have the right to free TV and radio airtime companies for pre-election campaigning (Art. 80). Presidential candidates shall be allotted free air time by TV and radio companies to conduct debates, round tables, and other campaigning activities, the rules of which are defined by the Central Election Commission (Art. 189). TV and radio companies that are founded within the municipal district shall have to create equal conditions for the registered candidate, political parties or blocs of political parties, and referendum campaign groups who are campaigning in the territory of the relevant municipality (Art. 224).

Source

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

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

The LPP does not list indirect public funding sources; however, the ECode provides several types of benefits for parties, candidates, and referendum campaign groups in relation to their election or referendum activities. The substance level compensation for unpaid vacation for public employees or who are registered candidates and their travel expenses during the campaign period shall be paid from the funds of election commissions (Art. 70.1 and 70.2). Public television and radio companies which broadcast across at least half of the territory of Azerbaijan have to grant free air time to the pre-election/ pre-referendum campaigns of presidential candidates, parties with candidates registered in more than 60 single-mandate constituencies or in more than half of all municipalities and referendum campaign groups with 40,000 or more members. In addition, the companies which broadcast across less than half of the territory of Azerbaijan have to grant free air time to candidates registered in single-mandate constituencies, parties with candidates registered in more than 1/3 of all municipalities and referendum campaign groups with 20,000 or more members. Air time is divided equally. The date and time of broadcasts is determined by a lottery conducted by the relevant election commission in the presence of representatives of the TV and radio companies concerned. Expenses incurred by the television and radio companies in this context are reimbursed from the State budge (Art. 77, 80, 81). Periodicals’ expenses for the 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 (Art. 83.9.). Suitable state buildings shall be provided free of charge for campaign meetings. 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 (Art. 86.3.). 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 pursuance of certain criteria (Art. 87.2.). 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 or she has been registered and until the date of official publication of election results, and these expenses shall be reimbursed from the funds of the Central Election Commission (Art. 184). According to the Tax Code, political parties, as non-commercial organizations, benefit from tax exemptions on their incomes, grants, membership fees, and donations received (Art. 106.1.1.), except for the income from entrepreneurial activity (Art. 109.2.). See also ECode, Art. 150, 184, and 218.

Source

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

The Tax Code of the Republic of Azerbaijan, 2000, http://ask.org.az/wp-content/uploads/2018/11/The-Tax-Code-of-the-Republic-of-Azerbaijan.pdf 

COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg, https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c6608

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

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:  giving money, gifts, and other valuable items (excepting badges, stickers, posters and campaign materials with other nominal value) to voters, except for purposes of performing administrative duties; rewarding voters who perform administrative duties, or promising voters a reward, on the basis of election results; selling goods at a discount or providing goods (except for printed materials) free of charge; providing free or discounted services; influencing voters during the pre-election campaign by promising them securities, money and other goods and services based on grounds that contradict legislation (Art. 88.4.). Candidates, political parties or blocs of political parties which have nominated a candidate and their authorized representatives, founders, owners, and proprietors, and legal entities who are persons or organizations mentioned above shall be prohibited from rendering financial and material assistance to other physical and legal entities, and from offering to render financial and material assistance or services to voters or organizations. Individuals and legal entities are prohibited from undertaking charitable activities on behalf of and with the purpose of supporting: political parties or blocs of political parties, the authorized representatives of these parties or blocs, and candidates (Art. 55.3).

Source

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

39. Are there limits on the amount a political party can spend?
Code
No
Comment

The LPP does not impose any quantitative or qualitative restrictions or limits on expenses for routine activities of political parties. However, the ECode sets some upper limits for election funds of candidates or political parties that 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 (Art. 156.2.2.). Election funds of political parties and blocs of political parties may be formed only from the following financial resources: 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, Art. 156.4.1.). The maximum limit of the election fund assets of a political party or bloc of political parties shall be determined by multiplying this amount (Art. 156.5). Logically, the election fund limits can be interpreted as spending limits.

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

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
Comment

There are no specified spending limits for candidates. However, the ECode sets a limit on the amount of the election fund of candidates,which can be considered a spending limit, but not necessarily. The limit of the election fund depends on the type of election, namely parliamentary, municipal, and presidential elections. The maximum limit of a candidate’s election fund assets should not exceed 500 thousand manats. The maximum limit of the election fund of a presidential candidate may not be more than 10 million manats. The maximum limit of the funds of candidates for municipality membership varies between 5.000 and 50.000 manats.

Source

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

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

Political parties maintain accounting and prepare financial statements in accordance with the Law of the Republic of Azerbaijan "On Accounting" and submit them together with the audit report to the Central Election Commission of the Republic of Azerbaijan not later than April 1. These reports are published in the media and on the official web site of the Commission (Art. 27.1, 2, and 6).

Source

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

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

In accordance with ECode (Art.94), parties are obliged to register the collection and expenditure of their election/ referendum funds, including an initial financial report is to be submitted together with the required documents for registration with the election commission,providing financial information for the period of two days prior to the date of the report; a second financial report is to be submitted between 10 to 20 days prior to the day of elections, providing financial information for the period of seven days prior to the date of the report; a final financial report is to be submitted at the latest 10 days after the official publication of the final results of elections (referenda); and the initial financial documents on the collection and expenditure of election/referendum funds must be attached to the final financial report.

Source

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

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

In accordance with ECode (Art.94), candidates are obliged to register the collection and expenditure of their election/ referendum funds, including an initial financial report is to be submitted together with the required documents for registration with the election commission,providing financial information for the period of two days prior to the date of the report; a second financial report is to be submitted between 10 to 20 days prior to the day of elections, providing financial information for the period of seven days prior to the date of the report; a final financial report is to be submitted at the latest 10 days after the official publication of the final results of elections (referenda); and the initial financial documents on the collection and expenditure of election/referendum funds must be attached to the final financial report.

Source

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

50. Do third parties have to report on election campaign finances?
Code
No
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

The political party publishes its annual financial report together with the audit report in the media. The Central Election Commission of the Republic of Azerbaijan publishes the annual financial report of the political party on its official website (Art. 27.6.). The financial reports of registered candidates, of political parties and blocs of political parties that have a registered candidate, and of referendum campaign groups shall be disseminated to the media by the constituency election commissions and the Central Election Commission. Additionally, candidates at parliamentary, presidential, and municipal elections (including political parties and blocs of political parties) are obliged to publish the financial information on election funds (Art. 95.1; 159.1; and 192.1.).

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

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Comment

The information on the amount of donations received by the political party and the persons who made the donation, as well as information on the cases provided for in Articles 24.4.1 and 24.4.2 of this Law, shall be submitted to the Central Election Commission of the Republic of Azerbaijan in the manner determined by the body (institution) defined by the relevant executive authority. Bank operations and any other operations cannot be carried out by a political party on donations without providing information about them (Art. 24.6). See also Art. 95.4. of the ECode and Questions 7 and 8.

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

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Comment

The LPP requires political parties to maintain accounting and prepare financial statements in accordance with the Law of the Republic of Azerbaijan "On Accounting" (Art. 27.1.). According to the Ecode political parties, blocks of political parties, candidates, and registered candidates in Milli Majlis municipal and presidential elections shall submit their financial reports in accordance with certain standards (Art. 16, 159, and 192). The Central Election Commission of the Republic of Azerbaijan also adopted certain rules, forms, and standards for the financial reporting of political funds.

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  

The Central Election Commission of the Republic of AzerbaijanDecision 10/49- 3 dated May 6, 2010 of the Central Election Commission of the Republic of Azerbaijan Amended by 15/58-11 dated July 23, 2010, Decision # 1/2 dated 15 March 2019.  https://msk.gov.az/plugins/pdf/datafiles/en_FILE_ADC91A-50C532-BDA66A-55D9A5-405247-4AC1F7.pdf; Appendix #1 made to the Instruction, https://msk.gov.az/uploads/MM-2020/Instructions/8/8_appendices.pdf. 

Law of the Republic of Azerbaijan "On Accounting", 2004, https://www.maliyye.gov.az/en/static/43/laws-of-the-republic-of-azerbaijan

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

The standardized financial reports should be submitted to the Central Election Commission. The form provides the following categories to be detailed for income: 1. financial supply of the organizational and technical activities in the field of collecting voters’ signatures, as well as paying of the relevant persons to collect voters’ signatures; 2. reimbursement of the pre-election campaign activities, including information and consultation services; and 3. expenses concerning the payment for other works directly undertaken by legal entities and citizens. See also LLP (Art. 13.2.9).

Source

The Central Election Commission of the Republic of AzerbaijanDecision 10/49- 3 dated May 6, 2010, Amended by 15/58-11 dated July 23, 2010, Decision # 1/2 dated 15 March 2019. https://msk.gov.az/plugins/pdf/datafiles/en_FILE_ADC91A-50C532-BDA66A-55D9A5-405247-4AC1F7.pdf; Appendix #1 made to the Instruction, https://msk.gov.az/uploads/MM-2020/Instructions/8/8_appendices.pdf.         Law of the Republic of Azerbaijan on political parties, 2023, https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)012-e  

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

According to the LPP, the annual financial report by the political party together with the audit report is submitted to the Central Election Commission of the Republic of Azerbaijan not later than April 1 (Art. 27.2. ).  

The ECode requires that candidates, registered candidates, political parties or blocs of political parties shall submit their financial report to the relevant election commission (Art. Art. 94.2, 94.3, and 94.4.).

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 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
  • EMB
  • Auditing agency
Comment

According to the LPP, auditing of the expenditure of state financial assistance by the political party is carried out by the Chamber of Accounts of the Republic of Azerbaijan (Art. 28.1.). The verification of other financial activities of the political party is carried out by the Central Election Commission of the Republic of Azerbaijan (Art. 28.2. ).       

The ECode sets that the Central Election Commission (CEC) ensures supervision of spending of monetary means entered into election funds of candidates (political parties)   (Art. 26.1., 26. 2.4). 

The Central Election Commission (CEC) and to the constituency election commissions supervise the election and referendum campaign financing (Art. 94.2 and 94.3).

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                                                                     

COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg, https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c6608 

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Refer for investigation
Comment

The election commissions within their responsibilities and under the coordination of the CEC 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 (Art. 26.2.3, 26.2.4, 26.3.8).  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 sanctions (Art. Art. 32.1.3 and 32.2.3). 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 (Art. Art. 97.5. and 116).

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 

COE/GRECO (2010) Third Evaluation Round Evaluation Report on Azerbaijan Transparency of Party Funding (Theme II) 27 September - 1 October 2010, GRECO Secretariat, Strasbourg, https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c6608

58. What sanctions are provided for political finance infractions?
Code
  • Deregistration of party
  • Loss of nomination of candidate
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.)

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 

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