58. What sanctions are provided for political finance infractions?
Azerbaijan
- Fines
- Prison
- Loss of nomination of candidate
Source: Article 113.2, Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
Source: Article 115.1, Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
Source: Article 22, Law on Political Parties, 1992 (amended 2018).
113.2. 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: [...]
113.2.2. if a candidate or referendum campaign group is found election campaigning before being registered or before the period indicated in Article 75 of this Code (this provision may not serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan);
113.2.3. 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 this Code;
113.2.4. 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;
113.2.5. 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 this Code;
113.2.6. 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 this Code; [...]
113.2.8. if a candidate, political party, bloc of political parties, or referendum campaign groups do not submit their initial financial report; [...]
113.2.10. 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 this Code; [...]
113.2.12. if a registered candidate who is in government or municipal service does not stop cease operating in such a capacity while participating in elections; or
113.2.13. if a registered candidate, political party or bloc of political parties with registered candidates use illegal donations transferred to their funds.
115.1. 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: [...]
115.1.8. those who have violated rules for election campaigning, including those who have conducted election campaign a day prior to or on Voting Day;
115.1.9. those who have produced and distributed commercials or other advertisements which violate the regulations stipulated in this Code, or who have rendered charitable assistance;
115.1.10. those who have violated rules for financing election campaigns, as defined by this Code; [...]
Article 22, Law on Political Parties. Responsibility for violation of the law
Persons who violate the requirements of this Law are liable in accordance with law.