61. Is it specified that a particular institution(s) is responsible for overseeing compliance with existing rules against abuse of state resources?
Azerbaijan
55.2. The following actions shall be considered by this Code as an abuse of one’s position or occupation to gain an advantage:
55.2.1. to engage state or municipal officials who are subordinate employees, during their business hours, in activity supporting one’s nomination as a candidate;
55.2.2. to use buildings where state bodies or municipalities are located, for activities supporting one’s nomination as a candidate, or to be elected if all other candidates or registered candidates could not use such buildings with the same conditions;
55.2.3. to use, for the purpose of collecting signatures and election campaigning, the communication, information, or telephone services provided for the activities of state bodies, state organizations or municipalities;
55.2.4. to use state or municipal transportation free of charge or under privileged conditions, for activities supporting one’s nomination or election (this does not apply to persons who use transportation in conformity with legislation of the Republic of Azerbaijan on State Protection);
55.2.5. to involve state or municipal officials in collecting signatures or election campaigning during their business trips;
55.2.6. to use mass media mentioned in Article 77.1 of this Code for collecting signatures or election campaigning under privileged conditions.
Source: Article 55.2., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
69.3. Registered candidates working in state positions, initiators of referendum campaign groups, and registered candidates or initiators of referendum campaign groups who are municipal officials, shall not abuse their positions of authority to gain privileges.
Source: Article 69.3., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
9.4. Cases of violation of this equality principle, resulting from obtaining privileges or abusing one’s authority or position, shall be determined by Article 55.2 of this Code
Source: Article 69.4., Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
Article 116. Application of Penalties by Election Commissions
The Precinct and Constituency Election Commissions and the Central Election Commission shall have the right to prepare to draw a protocol of administrative offence and apply penalties in accordance with the Code of Administrative Offences of the Republic of Azerbaijan for the violations made by a candidate, registered candidate, as well as their authorized representatives and agents and those of a political party, bloc of political parties or of a referendum campaign group, in the circumstances considered by this Code.
Source: Article 116, Election Code of the Republic of Azerbaijan, 2003 (amended 2018).
The Precinct and Constituency Election Commissions and the Central Election Commission shall have the right to prepare to draw a protocol of administrative offence and apply penalties in accordance with the Code of Administrative Offences of the Republic of Azerbaijan.