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

Azerbaijan

Azerbaijan

Answer
Yes
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 

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.

Close tooltip