How to conduct pre-election campaign, what is prohibited?

  24 January 2020    Read: 626
  How to conduct pre-election campaign, what is prohibited?

The pre-election campaign of parliamentary candidates has started on January 17. Secki-2020.az has investigated the activities of registered candidates within the law during the campaigning for parliamentary elections.

Pre-election campaigning is conducted in accordance with Article 47 of the Constitution of the Republic of Azerbaijan. Article 47 of the Constitution states that everyone has freedom of thought and speech. No one may be forced to express his/her views or beliefs, or to renounce his/her ideas and beliefs. Racial, national, religious, social or any other criteria based propaganda and agitation provoking discord and animosity is not allowed.

Article 74.2 of the Electoral Code specifies the ways in which the election campaign can be conducted.

The pre-election campaign can be conducted through the mass media. In addition, it is legally permitted to carry out the campaign by holding public events (meetings with citizens, public discussions, conversations, etc.). Pre-election campaigning may also be conducted in the following forms: By means of dissemination of printed, audiovisual and other campaign materials and other methods which are not prohibited by law

Pre-election campaigning through the media is carried out in the form of open discussions, roundtables, press conferences, interviews, speeches, political advertisements, TV and radio broadcasts, video films and other forms that are not prohibited by law.

Registered candidates, political parties, blocs of political parties, referendum campaign groups independently determine the forms and methods of election campaigning.

Article 74.4 of the Electoral Code is related to the list of persons prohibited from conducting of the pre-election campaign, distribution of any pre-election campaign materials.

Conducting of pre-election campaign and distributing of every kind of campaign materials shall be prohibited for officials of state bodies (institutions, organizations) or municipal bodies and organizations, state and municipal employees, military persons abusing their positions and privileges while they are performing their duties, election commissions, the members of an election commission with decisive voting right and other official persons of election commissions.

Control over observance of rules identified by the present Code for pre-election campaigning shall be carried out by a press group established under the Central Election Commission and comprising mostly journalists.

The following shall be prohibited from rendering voluntary donations and assistance in kind or through service provision to election funds of candidates, registered candidates, political parties, blocs of political parties and referendum campaign groups:

Foreign countries and foreign legal entities, Foreign citizens, Persons without citizenship, Citizens who are under 18 years of age, Legal entities of the Republic of Azerbaijan, if on the day of official publication of the decision to define elections, more than 30% of the charter (property) capital of a legal entity of the Republic of Azerbaijan belongs to the persons mentioned in Articles 90.2.1, 90.2.2 and 90.2.3 of the Electoral Code, international organizations and international public movements, state bodies and municipalities, state, municipal organizations and offices If on the day of official publication of the decision to define elections, legal entities, with more than 30% of the charter capital belonging to state or municipality, military units, charitable organizations, religious associations, offices and organizations, Anonymous donation provider who does not indicate one of the following pieces of information: For a citizen - Name, surname, patronymic name; serial number, date of issue, of his/her identification document or a document substituting it; his/her address; birth date, for a legal entity - Identification number of taxpayer; name; date of registration; bank account; About shares owned by state or municipalities in their charter capital and their amount, and amount of foreign shares in their charter capital – misinforming or not informing thereabout. This is stated in Article 90.2 of the Election Code.

Note that the election campaign will last until February 8. Elections to the Azerbaijani Parliament will be held on February 9, 2020.


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