Armenia

In order to build a truly democratic state, it is also essential to hold free and fair elections under democratic standards periodically.
The electoral body of the country places its own specific role in the process of the conduct of true free and fair elections.
Below an attempt was made to describe the electoral system of the Republic of Armenia, electoral commissions, areas of activities, reforms of the previous years, developments and perspectives for the electoral systems.
The role of the election administration bodies - that of the commissions, is important for the preparation, organization and conduct of elections.
The principles of formation of electoral commissions and the role of the commissions during elections are more important for newly-independent states without deeply-rooted, long-term traditions of democracy.
In classical terms the organization body should satisfy the following principles:
1. impartiality,
2. professionalism,
3. secure participation of representatives of candidates, of political parties in the electoral body,
4. be transparent and predictable in its actions, and finally, these principles should help the electoral body to have its decisions understandable and acceptable for the public, which will arouse trust from the public.
In case of securing the principles listed above, the election results will be understandable and acceptable for the public (voters).
As an example of the reforms underway in the electoral system of our Republic, let us analyze the progress of independence, transparency, impartiality of election administration during the recent ten years.
For the purpose of organization and conduct of elections a three-level system of electoral commissions is used in Armenia:
The Central Electoral Commission,
The Territorial Electoral Commissions and,
The Precinct Electoral Commissions.
Before 1996 the Central and Territorial Electoral Commissions had been formed by the legislative body. Every ten MPs offered 1 candidate for the electoral commission. One representative of political parties or their associations who had participated in elections from the proportional mandate, took part in the works of the electoral commissions with consultative vote. The precinct electoral commissions were formed in the same principle.
From 1996 the Central and Territorial Electoral Commissions have been formed as proposed solely by the political parties represented in the legislative body.
The precinct electoral commissions have been formed by the members of the Territorial Electoral Commissions.
It should be noted that in case of having such procedures for the formation of electoral commissions, it was possible to secure full impartiality of the commissions; involvement of political parties in the organization of election process provides for pluralism.
These forms of the commission formation could have been considered efficient for the electoral system of the newly-independent Republic of Armenia, in particular before 1996, due to the fact that a political party which participated in elections, regardless of its representation in the legislative body, had its representative in the electoral commissions.
The procedures for the formation of electoral bodies as listed above, without doubt, secured pluralism in the commissions, but they did not solve one of the necessary conditions for securing the activities of the electoral commissions - an effective election administration.
In 1999 the National Assembly, the legislative body of the Republic of Armenia, adopted the Electoral Code of the RA, which regulated all the elections to take place in the country - those of the President of the Republic, of the Members of the National Assembly of the Republic and of local self-government bodies.
The Code has been amended a number of times and has been in action up to now. As defined by the Code, the procedures for the formation of the electoral commissions, which will be brought below, periodically relate to election administration during elections.
Since 1999 the Central and Territorial Electoral Commissions have been formed as proposed by the political parties represented in the legislative body and from 3 members appointed by the Government of the Republic.
The Precinct Electoral Commissions are formed by the members of territorial electoral commissions.
From 2002 to 2005 the electoral commissions were formed in the same procedure, only instead of the members appointed by the Government, the President of the Republic appointed three members to each.

The amendments to the Electoral Code made in 2005 fixed new approaches for the formation of electoral commissions, with the four main principles in the basis:
1. definition of the status of the electoral commission,
2. securing impartiality in the electoral commissions,
3. professionalism,
4. creating opportunities for election administration.
At present the following persons are involved in the Central Electoral Commission:
a. one representative from each faction of the political parties represented in the legislative body of the Republic,
b. one judge from the Court of Cassation of the Republic,
c. one judge from the Council of Court Chairmen,
d. one member appointed by the President of the Republic.
The composition of the Central and Territorial Electoral Commissions, on the basis of proposals from the above-mentioned bodies, is defined under decrees of the President of the Republic.
At present the Central Electoral Commission formed in this procedure has nine members and acts permanently.
On the second level of the election system - in the territorial electoral commissions, the commission members are appointed by the members of the Central Electoral Commission, with the judge-members of the Central Electoral Commission appointing judges of the first instance court in the territorial electoral commissions. The territorial electoral commissions also act permanently.
The third level of the election system - precinct electoral commissions, are formed by the territorial electoral commissions.
The composition of the precinct electoral commissions is selected from the persons who have undergone a special training and received a qualification (certificate) after a test. The training of those citizens is held every year at the account of the state budget.
In fact, as a result of a periodical training a bank of citizens with the right of being involved in the electoral commissions will be created, which will make it possible to fill the election administration with persons mastering the election process and election legislation.
By analysing the procedure for the formation of the electoral commissions, one can fix that for the formation of the commissions the first and second levels of the election administration, i.e. the CEC and TECs, preserve the following principles, as listed above - impartiality, involvement of representatives of political parties, transparency and predictability in decision-making process, but professionalism of the election body, possibility of implementing full election administration is placed under doubt. It is explained by the fact that in countries which do not have long-term democratic traditions the political member of the electoral commission in his/her decisions and actions can often be limited with his/ her party ’s position towards this or that issue, which firstly interferes with the election administration. And in case of elections, unprofessional election administration may cast a shadow on any democratic elections, arouse the public ’s suspicions towards election administration, consequently, towards the results of elections.
The participation of the representatives of political parties in the legislative body and in territorial electoral commissions is not guaranteed.
Giving importance to the change of the procedure of the formation of electoral commissions, in particular to the fact of filling the central and territorial electoral commissions with judge-members, and involvement of only trained persons into the precinct electoral commissions, I think, that the future improvements of the Code should bring to the Central Electoral Commission be formed by a group of persons who are famous and enjoy the public ’s trust. The group may include, for example, the Chairman of the Constitutional Court, the Chairman of the Court of Cassation, the Chair of the Council of Court Chairmen, the Chair of the Chamber of Advocates, Human Rights defender, Chairman of State Council of National Statistic Service and etc, that is to say, persons who are not interested in the result of the elections.
The Electoral Code should define the criteria which should be possessed by the commission members, and the group composed of the above-mentioned people should appoint the members of the Central Electoral Commission, who should meet certain demands, for example non-partisanship, no court records, legal background, involvement of statisticians, etc.
I think that in case of such formation of the commissions, there will be an opportunity for impartiality, transparency and professionalism, as well as for election administration.
In case of such formation of the Commission, during elections there will be an opportunity for providing equal conditions to the representatives of political parties, regardless of their presence or not in the legislative body for involvement in the electoral commissions; they can be represented in the electoral commissions as members with the right to a consultative vote.
In order to secure a natural flow of activities of the electoral system, the staff of the commissions has a big importance. It is through a permanently-working professional staff that gives electoral commissions an opportunity to solve a number of issues connected with preparation, organization and conduct of elections.
The role of the staff is particularly important on the voting day – for securing transparency, transmitting the vote results through the computer network to the CEC from the precincts, and consequently, for providing the public with the necessary information.
The necessity of having such a staff had not been appreciated before 2003. At present the CEC has a professional staff, filled with civil servants with the state registration, who are employed through an open competition. The civil servants of the staff are protected by the law, they cannot be replaced and they implement their professional activitied regardless of the change in the proportion of political forces.
Electoral commissions provide for the implementation and protection of the citizens right to elect, their powers are independent of the central and local self-government bodies.
Electoral commissions act on the basis of principles of lawfulness, collegiality and publicity.
The Central and electoral commissions act on permanent basis.
The decisions of the electoral commissions made within their limits are subject to mandatory fulfillment, entering into force after being published.
The powers of the electoral commissions are defined by law. They should have a sufficient framework of powers, making it possible to act also in the political framework in a flexible manner.
The limit of powers of an electoral body should be balanced; an electoral body should not be reserved such powers for fulfillment of which the electoral body does not have professional and full possibilities.
The best example of what has been said is the norm fixed in the Electoral Code of the RA, which defines that the control over the procedure fixed for the pre-election campaign to be done on TV and radio should be exercised by the National Commission of TV and Radio. This is an independent, specialized commission which acts within the law, and in case of identifying any violations of the pre-election campaign, it has the right to apply to court, informing the CEC on the violation made.
A good example of cooperation between the electoral body and the specialized structure may also be the cooperation of the electoral body with the financial or tax bodies of the Government for controlling the target use of funds allocated to the electoral commissions for the organization and conduct of elections, as well as of the payments made to the pre-election funds, calculation and expenditure thereof.
According to the Electoral Code of the RA, this function is fulfilled by the Supervisory-Controlling Service under the (Election) Ad Hoc Commission which employs relevant specialists on contractual basis.
The functions of this service would have been better performed, if the law reserved the fulfillment thereof to any of the state specialized structures, thus relieving the electoral body from functions unpeculiar to it, of course leaving the authority to discuss issues on elections and make decisions to the electoral body.

On the other hand, the Electoral Code should also define procedural issues, reducing the number of issues regulated by the electoral body to maximum. To the electoral commissions regulation only such issues should be left which are not possible to fix in the law due to this or that reason, or the election system will lose an opportunity to act in a flexible and quick manner as result. Generalizing, one can fix that the law regulating election conduct should also define the following:
- the exact limit of the electoral body’s powers, assigning it with sufficient powers, at the same time keeping it free from functions unspecific for an electoral body;
- a procedure for a balanced formation of electoral bodies, understandable and acceptable for the public and election actors, taking into account the importance of a professional administration of elections;
- the necessity of having a professional staff acting on permanent basis;
- and one of the important issues, which was not mentioned above – a possibility for the electoral commissions to make proposals on the improvement of the legislation.
The changes made to the Electoral Code should be the topic of multi-lateral discussions, be understandable for the election participants, making it understandable for them. In this regard, it is appropriate to fix that the changes made to the Code enter into force in some time, for example, in one year after the adoption.
It is important that voting procedures, which secure an opportunity for the voter to express his/ her will freely, be simple, free from unnecessary actions. In this regard, it is actual for the newly-independent states on the path towards democracy to cultivate the election culture in our society.

Conclusion
There cannot be real democratic elections, which do not secure fundamental human rights and liberties, and these rights and democracy cannot be secure without legislative guarantees.
Generally speaking, norms of the Electoral Code, activity and actions of the election system, organization and conduct of the campaign by the candidates and parties participating in elections, operation of mass media, the state support to elections, should be targeted at the elections on the basis of free and fair competition and alternatives, making it possible for the voter to form an opinion and will freely.
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Azerbaijan

1993 Presidential Elections
Elections in Azerbaijan have a history of more than one century. In the country under colonial oppression of the Czar's Russia at the beginning of XIX century, settlement of the issues on "self-government" was applied only in Baku city, though in limited scale in 1878. In 1887 elections were conducted to the Baku City Duma. Since 1906 a part of Azerbaijani people took part in elections to the State Duma in Russia.
After the establishment of the first Democratic Republic of Azerbaijan in the East in 1918, decision was adopted on Parliamentary Elections in the country the following year and in elections considered for April of 1920, equal suffrage was ensured for women as for men. But in March of the same year, the conduct of elections was impossible because of government depression.
After the April revolution of 1920 in the country, equal real suffrage was ensured for women as for men pursuant to the first Constitution of Azerbaijan SSR. In 1937 new Constitution was adopted in the country and since the following year, regular elections were conducted in Azerbaijan, as well as all in the Soviet Union.
On June 26, 1990, the Supreme Assembly of Azerbaijan SSR adopted decisions on the organization of Central Election Commission on elections for people ’s deputies of Azerbaijan SSR and on the approval of the regulation by this Commission. In 1991, the Supreme Assembly of the republic voted for the declaration of the first President of the country. By considering the weak legitimacy of this procedure, after a year, efforts were made to conduct first Presidential Elections. But this procedure was only of formal character because of the absence of standard democratic norms and at the result of it, several months later, the Azerbaijan Popular Front possessed governance and new Presidential Elections were declared.
Elections of 1991-1992 were conducted pursuant to the Constitution of 1978, law and decisions that met transitional period of the state.
There was the state of emergency in one part of the country. Armed forces backed by different political forces influenced the emerged situation seriously. Increase of open military conflict with Armenia that had been lasting since 1988 and it caused loss of big part of the territory of the Republic of Azerbaijan, thousands of citizen became refugees and IDPs, crisis became more sharpened in all spheres of the republic ’s life.
President Abulfaz Aliyev (Elchibay) who absolutely lost his ability to run the Republic left capital Baku in June 17 –18, 1993, without informing state authorities about this. So, President who is outside of Baku and has no relations with state authorities was not able to fulfill his constitutional duties any more. That was why, on June 24, 1993, the Milli Majlis of the Republic of Azerbaijan adopted decision on the inability of Abulfaz Aliyev (Elchibay), President of the Republic of Azerbaijan to implement his presidential duties any more and conferred powers of President of the Republic of Azerbaijan to Heydar Alirza oghlu Aliyev, Chair of the Supreme Assembly of the Republic of Azerbaijan.
At the same time, Milli Majlis adopted decision on the conduct of nationwide voting (referendum) on August 29, 1993 on the confidence to A.Elchibay by taking the principles of democracy, people ’s power and supremacy of people’s will as a basis. At the nationwide voting 92,02 % of the citizens included in the voter lists took part and 97,5 % of them did not show confidence to the President.
Consequently, as the post of the President was vacant, at this emerged situation, the Milli Majlis of the Republic of Azerbaijan appointed early Presidential Elections of the Republic of Azerbaijan on October 3, 1993 by its decision pursuant to the Article 121.7 of the Constitution of the country and the Article 6 of the Law “on Presidential Elections of the Republic of Azerbaijan” in order to strengthen statehood of the Republic of Azerbaijan, defend its territorial integrity and ensure people ’s unity for the protection of national interests.
After taking preparations to elections required by current legislation, while nominating candidates Heydar Aliyev, Chairman of the Supreme Assembly of the Republic of Azerbaijan who implemented powers of the President of the Republic of Azerbaijan and was nominated by the New Azerbaijan Party and many political parties in meetings and conferences of a range of labor collectives was registered as a candidate to presidency. More than 500 thousands voter signatures were collected in support of his candidacy.
On the Election Day, voting began in 3140 precincts at 7.00 a.m. on October 3. High turnout and self-discipline of voters were observed. Central Election Commission together with the Ministry of Foreign Affairs of the Republic organized polling stations in embassies of Azerbaijan in Moscow, Ankara, Bonn, Tehran, Washington, New York and representation in Istanbul. 35 foreign representatives came to the republic to observe elections. Approximately 60 foreign journalists covered elections.
On October 6, 1993 by discussing results of early Presidential Elections, Central Election Commission determined that 97,6 % of the voters included in voter lists in the republic took part in the voting and 3.919.923 voters (98,8 %) voted for Heydar Aliyev.
Other candidates to presidency, K.Abilov collected 0,3% and Z.Taghiyev collected 0,5 % of votes.
Central Election Commission considered Heydar Alirza oghlu Aliyev elected President of the Republic of Azerbaijan pursuant to the Article 15 of the Law “on Presidential Elections of the Republic of Azerbaijan”. On October 10, inaugural ceremony of President was conducted.

1998 Presidential Elections
Presidential Elections of Azerbaijan which gained independence, conducted on the basis of first democratic Constitution was a historical event in the public and political life of the republic. The Azerbaijani people joined their hopes for strengthening statehood, developing democracy and economic reforms and improving welfare of the people.
Legal basis that ensured the conduct of Presidential Elections under democratic conditions as well as free expression of the will of voters was to formed. The Milli Majlis of the Republic of Azerbaijan adopted the Law “on the Presidential Elections of the Republic of Azerbaijan” on June 9, 1998. The preparation and adoption of this law was possible as the result of discussion, study and generalization of world practice in this field by considering Azerbaijani reality. The draft of the law passed through the expertise of the National Democracy Institute on International Relations and expertise of OSCE/ODIHR in May.
On July 10, 1998, the law was adopted in the Milli Majlis. In the opinion of local specialists and international experts, the amended Law “on the Presidential Elections of the Republic of Azerbaijan” was a document that effected the development of democracy and political pluralism positively pursuant to world standards.
Considering the wide observation of the preparation and conduct of elections as an important step in the process of democratic changes and exercise of citizens ’ suffrage, conducting free, fare and transparent elections pursuant to the Constitution of the Republic of Azerbaijan and election legislation that was inseparable part of democratic reforms, President of Azerbaijan gave order on inviting international observers to elections to the aim of ensuring the transparency of election process.
On July 14, 1998, President of Azerbaijan conducted seminar by the participation of heads of city and district executive authorities related to the preparation and conduct of elections and it was commissioned to pay serious attention to the issues of following requirements of law accurately in elections, preventing to influence in the election procedure by government bodies and ensuring equal possibilities for the candidates to presidency.
4.244 polling stations were established within the territory of the republic and precincts were set up in Germany, Great Britain, Iran, Georgia, Egypt, Russian Federation, Turkey and Ukraine by the heads of relevant diplomatic representations and consulate offices of our country to foreign countries for the voting. Furthermore, appointed incumbents of the Republic of Azerbaijan in diplomatic representations of the USA, Australia, Belgium, Switzerland, Uzbekistan, Pakistan, Saudi Arabia, France and People Republic of China organized the voting of Azerbaijani citizens having right to vote.
Pursuant to the Law “on the Presidential Elections of the Republic of Azerbaijan”, 11 of political parties functioning in the country participated in the elections.
On August 4, 1998, addressing leaders of Azerbaijan Popular Front Party, Musavat Party and Liberal Party that boycotted elections in mass media, H.Aliyev, President of the Republic of Azerbaijan called them to take part in elections.
By determining the compatibility of relevant documents on the participation of the persons who put forward their candidacies in elections with the legal requirements, Central Election Commission registered 8 persons as candidates to presidency.
Since the first days of the preparation of Presidential Elections, all the activity of Central Election Commission was implemented transparently and widely covered in mass media.
Necessary facilities were formed also for representatives of foreign mass media. For the first time, Public Information Center was established under Central Election Commission. At the center, literature of election legislation, other materials dedicated to elections, information about candidates to presidency and election programs, instructions adopted by Central Election Commission, as well as normative acts and documents were collected. The voters, citizens of foreign countries, diplomats, representatives of mass media who came here were made familiar with materials and could get necessary information. Representatives of foreign countries and observers were regularly informed about the preparation and conduct of elections.
On the Presidential Election Day, 3.369.757 voters (i.e.77,9 %) participated in the voting (pursuant to the Article 53 of Law “on the Presidential Elections”, when at least 25 % of the voters included in the voter lists participated in the voting, then the elections would be considered valid). 2.556.059 voters (76,11%) who participated in elections voted for Heydar Alirza oghlu Aliyev, from candidates to presidency. Thus according to the second part of Article 101 of the Constitution of the Republic of Azerbaijan, H.Aliyev was elected President of the Republic of Azerbaijan again with 2/3 majority of votes cast in the elections.
On October 16, 1998, the Constitutional Court of the Republic of Azerbaijan declared the results of the Presidential Elections.
1998 Presidential Elections conducted on the basis of new Constitution and relevant legislation of independent Azerbaijan, was a very important event for the development of democracy in the country, strengthening statehood and establishing of civil society.

1999 Municipal Elections
First Municipal Elections in Azerbaijan were an important event in public and political life of the republic. Wide preparation works were done for these elections.
In July of 1999, the Milli Majlis adopted laws on rules for Municipal Elections and status of municipalities. Drafts of these legislative acts were prepared with the assistance of the Council of Europe, specially the Congress for Local and Regional Authorities in Europe and were valued for meeting European standards on local self-government.

By the Presidential Decree, Municipal Elections were appointed on December 12, 1999. All activities on the preparation of elections were held under open and transparent conditions. Election commissions were organized by following the democratic rules. Many registered political parties took an active part in the Municipal Elections. There were nearly 18% representatives of political parties and more than 30% representatives of public unions (organizations) in the composition of election commissions. And in the composition of Precinct Election Commissions more than 5 thousands representatives of 21 political parties were represented.
During the nomination of candidates to municipal council membership, that is an important stage of election campaign, more than 43 000 citizens applied to election commissions to nominate candidacies to municipal councils. Approximately 51% of them were independents and 49% were members of political parties. 35 600 (more than 80 %) citizens who applied for candidacy were registered as candidates to municipal councils and their names were included in ballot papers. 54.4% of them nominated their candidacies independently and more than 40.0% were nominated by political parties. 18 000 of registered candidates were members and representatives of 26 political parties that formed about 51% of all candidates.
Voting was conducted for electing members to 2 666 municipal councils. After the registration of candidates to municipal councils, pre-election campaign commenced. More than 150 000 agents of candidates took part in this activity. Pre-election campaign was conducted in mass pre-election activities with voters, meetings, sessions, as well as open debates, discussions in mass media and in other forms. 52.6 % of 4 312 265 voters included in the voters list took part in the voting and elections were valid in 2 591 municipalities. 20 456 candidates (57.46 %) put in vote for being elected to municipal council membership were elected members.
So, as the result of main elections conducted on December 12, 1999, 51 city municipalities, regional municipalities in 8 cities, 123 settlement and 2 409 village municipal councils were elected. On March 26, 2002 by-elections were conducted in 75 municipalities in 62 electoral territories where elections were invalid.
On the day of by-elections to municipalities - on March 26 in all the 74 municipalities elections were valid and in general 48.2% of voters included in the voter lists participated in the voting. 566 candidates (44.15 %) put in vote were elected members to municipal councils.
So, first Municipal Elections in the republic ended: in main elections on December 12, 1999 and in by-elections on March 26 and on June 25, 2002, 21 039 members were elected to 2 666 municipal councils.
Nearly 100 international observers observed the procedure of the preparation and conduct of Municipal Elections in Azerbaijan. Central Election Commission accredited 27 000 local observers from political parties, public unions and citizens within the country.
In spite of some shortcomings and irregularities which did not affected electoral results, Municipal Elections were appraised as a substantial step toward development of local democracy and it was verified that elections were conducted under quite and transparent conditions in press statements of foreign observers.

2000 Elections To The Milli Majlis (Parliament)
Elections to the Second Call Milli Majlis of the Republic of Azerbaijan during the years of independence were conducted on November 5, 2000.
Election campaign that continued for 4 months commenced with the appointment of the day of elections to the Milli Majlis on July 5 by the President of the Republic of Azerbaijan.
Central Election Commission consisting of 18 persons was formed in the composition reflecting political scene that existed in Azerbaijan. 6 members of Central Election Commission represented ruling New Azerbaijani Party, 6 members represented opposition parties, members of which constituted minority in the Milli Majlis and 6 persons represented independent parliamentarians.
Except members with decisive rights in the composition of Constituency and Precinct Election Commissions, each registered candidate, political party and bloc of political parties were entitled to appoint member with consultative right to the composition of these commissions.
The work of the organization of polling stations in the republic, as well as polling stations for the voting of citizens of the Republic of Azerbaijan who are in foreign countries on Election Day and Precinct Election Commissions was ended in time. In general, 4 976 precincts were established.
The period of the nomination of candidates to the parliament and canvassing voter signatures in their support, registration of candidates and national lists of party candidates were important stages of the election process.
Central Election Commission registered 14 political parties those intended to participate in elections of 38 political parties that functioned pursuant to the legislation of the republic. But as 9 of them allowed serious irregularities in the compilation of signature sheets and other notification documents, they failed to get their list of candidates registered. By addressing Central Election Commission, Heydar Aliyev, President of the Republic of Azerbaijan asked to discuss the possibilities of reconsidering of the decisions that confine the participation of some political parties single candidates list of which had not been registered by Central Election Commission in the Parliamentary Elections. This was a new actor stimulating democratic reforms in the aim of strengthening civil solidarity in the society and widely representation of the political scene of the republic in the parliament as possible.
By discussing the address of President, Central Election Commission came to conclusion that such settlement of the issue can form equal facilities for all political parties intending to participate in elections and ensure the conduct of elections under free and fair conditions in the country. So, the Commission decided to register 7 more political parties in addition to registered New Azerbaijan Party, Azerbaijan Popular Front Party, Azerbaijan National Independence Party, Civil Solidarity Party and Azerbaijan Communist Party.
During the preparation of elections serious attention was paid to the issues of campaign, assistance to election commissions by state bodies and organizations, municipalities, as well as their incumbents, providing with necessary building and rooms without compensation and organization of protection, supplying means of transportation and communication, technical equipment, information and materials and consideration of their applies in shortest time defined by law.
For the conduct of pre-election campaign, State Radio and TV Company allocated free airtime more than 8 hours by being divided equally among parties with equal terms for political parties according to the schedule approved by Central Election Commission.
Names of 393 candidates registered on single-mandate constituencies, of 12 political parties registered on nation-wide constituency and 1 bloc of political parties were included in ballot papers.
In 2000 Parliamentary Elections, State Automated Information System was used for the first time. During elections while determining voting procedure and results, the System played important role in getting information from election commissions, generalization and dissemination of it via TV and Internet.
In elections conducted on November 5, 2000 electoral results on 88 single-mandate constituencies and nation-wide constituency were considered valid. 2 783 205 voters participated in the voting on the above-mentioned constituencies and this constitutes 71.33% of the total number of voters in these constituencies. Consequently, 113 members were elected to the Milli Majlis by being 88 deputies on single-mandate constituencies and 25 deputies on nation-wide constituency. 25 mandates on nation-wide constituency were divided among 4 political parties that passed the implied 6% threshold. New Azerbaijan Party - 16 mandates, Azerbaijan Popular Front Party - 4 mandates, Civil Solidarity Party - 3 mandates and Azerbaijan Communist Party - 2 mandates.
Elections to the Milli Majlis caused great interest of international community. During the preparation of elections, delegation of the Council of Europe that visited Azerbaijan was interested in the organization of elections, highly appreciated the formation of election commissions by 1/3 principle and in the meeting with representatives of mass media stated that stable legal basis was established in the republic for the conduct of Elections to the Milli Majlis under fair, transparent and democratic conditions.
On Election Day - on November 5 and during the period more than 350 international observers, as well as representatives of foreign mass media visited many constituencies and observed voting procedures and vote counting. Members of election observation mission of ODIHR and Parliamentary Assembly of OSCE, as well as Parliamentary Assembly of the Council of Europe who were at more than 700 polling stations of different constituencies released joint statement on the following day after elections which declared that though Parliamentary Elections in Azerbaijan were lower than international standards, there was improvement, specially from the point of view of increase of pluralism compared with previous elections. At the same time, observation mission listed some serious irregularities in the implementation of election legislation and applied to CEC on open and transparent investigation of irregularities and taking immediate, necessary measures. By taking severe steps in this direction, Central Election Commission considered voting results in 4 constituencies invalid and took relevant measures related to received signals and complaints.
Within 10 days after Election Day, by determining the voting results Central Election Commission submitted its decision together with the necessary documents to the Constitutional Court of the Republic of Azerbaijan for the checking and approval.
Afterwards, by continuing the investigation of the complaints entered CEC, it discovered serious law violations that influenced the electoral results in 4 more constituencies and applied to the Constitutional Court to take these into account while adopting decision. Electoral results in those constituencies, as well as on 3 other constituencies where the Constitutional Court discovered serious irregularities were not approved.
In general, on 5 November Elections the voting results on 11 constituencies were not approved and re-elections were appointed on January 4, 2001 in more than 500 precincts of these constituencies.

2003 Presidential Elections
In Presidential Elections conducted on October 15, 2003 citizens of the republic expressed their will to strengthen national statehood in the country, develop social-economic reforms, increase legitimacy and stability. Before elections, completely renewed stable legal basis, which fully ensures the conduct of fare and transparent elections and referenda, was formed. On May 27, 2003, the Milli Majlis of the Republic of Azerbaijan adopted the Law “on the approval and enforcement of Election Code of the Republic of Azerbaijan”. The preparation and adoption of the Code were possible by comprehensive study of modern world standards in the field of election legislation and their application based on national values. Draft of the Election Code that implies high constitutional right of each Azerbaijani citizen having right to elect and be elected was presented to wide discussion that lasted nearly one year and was under attention of relevant scientific-research institutions and specialists of high educational bodies, political parties, non-governmental organizations functioning in the country, as well as mass media. The draft was attentively learned and highly valued by experts of influential international organizations like Venice Commission of the Council of Europe, OSCE/ODIHR and International Foundation for Election Systems (IFES) and reflected their useful recommendations.

The Election Code changed the formation principle of election commissions those would prepare and conduct the elections and referenda substantially and by this way, it allowed participation of representatives of different political parties in commissions with equal rights. This was an important factor that ensured the conduct of the Presidential Elections under democratic, transparent conditions and pursuant to international norms.
Campaign for Presidential Elections started on June 14, 2003 and elections were appointed on October 15.
Constituency and Precinct Election Commissions those were lower branches of election and referendum bodies were also formed on the basis of the formation principle of Central Election Commission. Each Constituency Election Commission consisted of 9 members and Precinct Election Commission was formed in the composition of 6 members.
All election commissions implemented works in the collegial order. It was not possible to organize Constituency Election Commission in Khankendi Constituency # 122 that is the territory, which had been occupied by Armenian Armed Forces.
28 precincts functioned in diplomatic representations and consulate offices of the republic to foreign countries. In general, 124 Constituency and 5 146 Precinct Election Commissions, which have more than 32 thousand members with decisive right made efforts for the implementation of their determined authorities, ensure rights of voters to elect and be elected on equal basis and similar and accurate application of legal provisions.
Candidates to presidency registered by Central Election Commission and political parties whose candidates were registered used their right to appoint representatives as a member with consultative right to the composition of election commissions pursuant to the Election Code and the total number of these members at commissions was nearly 28 thousands. So nearly 60 thousands members functioned at election commissions in the preparation and conduct of Presidential Elections. Special attention was paid to professional training and increase of legal education of election commissioners. To this aim, Central Election Commission prepared group of trainers that consisted of specialists of Central Election Commission Secretariat together with IFES. Training teams consisting of 2 persons who justified themselves during previous elections and received international trainer certificates after attending trainings organized by different international institutions. Experienced specialists, who came from the USA by the invitation of IFES, also conducted seminars for these trainers. Seminar was organized in Baku in cooperation with the Venice Commission and Office of the Special Representative of the Secretary General of the Council of Europe on election related issues on September 8 -11, 2003.
Central Election Commission cooperated with IFES in the organization and conduct of trainings at places. Since January of 2002 training group was formed consisting of officials of Secretariat of Central Election Commission. Main obligation put before the group was to organize periodic trainings for lower election commissioners. From September 14 till October 11 more than 30 thousands members of Precinct Election Commissions were involved in trainings, which covered theoretical and practical issues on election day. In Azerbaijan such trainings in wide scale and format were organized for the first time. International specialists and representatives of OSCE/ODIHR and IFES observed and highly appreciated the trainings.
One of the most important stages of the past elections were nomination, approval and registration of candidates to presidency by Central Election Commission and this was completed within the period determined by the legislation. 15 of the political parties functioning in the republic and 10 voters initiative groups nominated candidates to presidency and submitted notification documents to Central Election Commission. 5 candidates to presidency were nominated on their own initiative.
Consequently, names of eight candidates were included in the ballot paper on the Presidential Elections. Majority of candidates were representing opposition parties.
Since August 16, i.e. 60 days prior to the voting day, pre-election campaign of registered candidates to presidency began. Days and time of airtime via TV and radio channels were determined by lottery. Airtime for 6 hours allocated by the State TV and Radio Company (3 hours at TV, 3 hours at radio) was allocated equally among registered candidates and local press published results of lottery as well as the schedule for airtime.
The preparation and conduct of election activities were implemented with wide publicity. For the first time in the election practice of Azerbaijan, numbered ballot papers, protocols of Constituency and Precinct Election Commissions on the voting results, as well as envelopes to put ballot papers in, were used. Transparent ballot boxes sealed with numbered plastic seals were used for voting.
The preparation of stenciled ballot papers with Braille alphabet was ensured for the first time in the country for the voting of eye-disabled persons without assistance of other people and it was available in all precincts.
Interior and foreign policy successfully implemented with the leadership of President Heydar Aliyev in our country after getting independence and confident steps taken for the development of democracy caused increase of the position of Azerbaijan in world union and policy of integration to international structures, specially, to European institutions raised interest of world community to public-political, economical processes in our republic. Nearly 1000 international observers observed 2003 Presidential Elections in the country.
In order to help publicity of the country and world, representatives of media to get accurate information quickly about elections, Independent Press Center was established. There were formed any facilities for domestic and foreign mass media representatives to work effectively there. They used modern technical means free of charge. At the center, computers and fax apparatus were set up and web site of CEC was available. Information on elections was translated into 5 foreign languages and put on web site of the center. At the site there was much information about elections in Azerbaijani and English languages. The information was conveyed approximately to 3 500 addresses via e-mail and fax. At the Center there were hotlines, so that they ensured operative replying many questions given by voters, observers and representatives of mass media.
On Election Day, since the opening of precincts till the determination of preliminary results of elections, voter turnout, information about voting processes and results were broadcasted lively by TV. After the end of the voting, the information received from more than 5 000 precincts was placed on the web site within 12 hours and so, it was allowed to declare preliminary electoral returns in short time. The voting in Presidential Elections was ended in high organizational level. Protocols compiled by Constituency Election Commissions based on the protocols on the voting results by Precinct Election Commissions were submitted to Central Election Commission within 48 hours.
Central Election Commission completed checking process and adopted decision on the submission of the protocol of Central Election Commission together with other documents to the Constitutional Court of the Republic of Azerbaijan. On October 28, 2003, the Constitutional Court approved voting results and declared that Ilham Aliyev had been elected the President of the Republic of Azerbaijan. At the elections 76.84 % of votes were cast for Ilham Aliyev and he won with great majority in the competition held among eight competitors for presidency.
Victory of I. Aliyev President of the Republic of Azerbaijan was confident expression of great respect of the people to him, confidence to continue political course implemented in our country by national leader Heydar Aliyev, progress and sumptuous future of motherland, public and political stability in the country.

2004 Municipal Elections
Pursuant to the Constitution of the Republic of Azerbaijan, local self-government within certain territories shall be implemented by represented collegial bodies, municipal councils those are elected by free, direct and secret voting. As 5 years term of office of municipal councils elected for the first time in 1999 in Azerbaijan ended, on December 17, 2004 new Municipal Elections were conducted.
Election commissions conducted hard works in the preparation and conduct of Municipal Elections. As known, one of the important terms of the preparation to elections is the accurate compilation of voters ’ lists. As to the requirement of the Election Code of the Republic of Azerbaijan, since 2003 single voter lists are compiled by new rule in the country. During January of each year, Precinct Election Commissions submit the information on the preparation and specification of voters list to Central Election Commission through Constituency Election Commissions. Lists are considered and they are returned to lower commissions for the approval.

For making voters familiar and corrections, voter lists were displayed in precincts at least 65 days prior to the voting day.
Nomination of candidates to municipality membership by citizens’ own initiative or by voters having active suffrage, political parties on constituencies began since the publication of the decision on the appointment of elections.
40 369 persons out of 41 866 who got signature sheets from Constituency Election Commissions for the collections of voter signatures, returned completed sheets. The information on the checking of filed documents and registration or refusal of candidates were submitted to Central Election Commission. Furthermore, Central Election Commission considered complaints of candidates who were not registered by lower election commissions and most of them were registered.
1097 of the registered candidates withdrew their candidacies upon their written applications. There were altogether 38 041 candidates competing for 21 613 members to 2731 municipal councils in the republic. 19 430 of these candidates were nominated on their own initiative, 436 were nominated by initiative groups and 18 175 were nominated by political parties. The fact that the number of the members to be elected to each municipality was much higher than the number of the registered candidates, showed increasing interest to local self-governing bodies among population and allowed voters to vote for the most favorable candidates under condition of hard competition.
Special attention was paid to educating election commissioners, increase of their legal knowledge and practical work experience for the preparation and conduct of elections in the necessary level. On July 8 –10, 2004, Central Election Commission organized conduct of seminar training together with Venice Commission of the Council of Europe and Azerbaijan office of IFES. At the seminar that lasted for three days, foreign experts invited by the Venice Commission informed participants about international election standards and practice of other countries.
Furthermore, nearly 25 000 election official took part at 490 training-seminars to which election commissioners joined in more than 4.900 precincts conducted jointly by Central Election Commission and IFES from November 15 to December 10, 2004.
Election actions, voting procedure and determination of results were observed by more than 13.200 domestic observers, as well as 120 observers representing foreign countries and international organizations.
On November 17, the information on the voting procedure and results was operatively conveyed to the public within 24 hours by means of web sites of Central Election Commission and its Information Center.
On Election Day, 2 109 267 of 4 551 346 voters or 46.34 % included in the voters lists took part in the voting on 5 080 precincts of 118 constituencies out of 125 constituencies in the country. Elections were valid in all of the 2 731 municipalities where elections were conducted. Consequently, authoritative composition of 2 587 municipalities was formed and totally, 20 346 municipality members were elected. There were representatives of 44 political parties registered and functioning pursuant to the legislation of the country among those elected to the compositions of local self-governing bodies.
Central Election Commission postponed elections on 9 precincts in 4 municipalities for objective reasons. Because of violations, Central Election Commission canceled electoral results on 135 municipalities that encompass 312 precincts and Constituency Election Commissions canceled voting results in 6 municipalities that have 11 precincts in general.

2005 Parliamentary Elections
Pursuant to the Constitution of the Republic of Azerbaijan, Elections to the Third Term Milli Majlis were conducted on November 6, 2005.
The following Parliamentary Elections in Azerbaijan caused great interest both in and out of the country. It has different reasons. The Azerbaijani state that chose the way of civil and democratic development by getting independence and integration to European family has been developing rapidly. Great successes are attained in economical and social spheres. In the country, regular reforms are conducted related to the legislation and ensuring of human and citizens ' rights and freedoms. The state permanently takes care of democratization and improvement of elections under the condition of the restored public-social stability. The confidence of the rights of citizens to elect and be elected to state bodies, as well as to participate in the referenda is protected. After the adoption of the Constitution in 1995, election legislation has been wholly renewed in the country. Election Code approved in 2003 implies modern principles and norms for the conduct of elections under free, fair and transparent condition. Parliamentary Elections are conducted in single-mandate constituencies on majority election system.
Election system is the mechanism requiring permanent improvement. During the last 2 years serious changes and appendices were made to Election Code pursuant to the adopted 6 laws. Only the law dated on June 28, 2005 made 58 appendices and changes to the Code. All these aim at strengthening of democratic basis of elections, making electoral procedures easier, widening transparency and observation mission and shortening time for the determination of election results. Quantity of necessary voter signatures in support of the nominated candidates to parliament was decreased to 450 signatures from 2 000 signatures. It was defined to issue voter card for each voter. The moderation of the registration process of candidates raised the number of the participants of election campaign considerably. All non-governmental organizations were allowed to observe elections.
Parliamentary Elections of this year were also prepared and conducted pursuant to new Election Code adopted in May of 2003. Orders by President of the Republic of Azerbaijan - "On improvement of election practice in the Republic of Azerbaijan" dated on May 11, 2005 and "On the urgent activities related to the preparation and conduct of Elections to the Milli Majlis of the Republic of Azerbaijan" were met with consent by the Council of Europe and wide community and became program of activity for all organizations related to the preparation and conduct of Elections to the Milli Majlis, election commissions and executive authorities. In these elections inking of voter ’s fingers and exit polls were conducted.
Preparation of Parliamentary Elections began in time. Since the beginning of January, the work of the compilation and update of voter lists were conducted pursuant to the legislation. Central Election Commission ensured distribution of voter cards to voters throughout the country.
Central Election Commission took every activity for the conduct of elections democratically and legally and ensuring rights of all citizens to elect and be elected. As Armenia that occupied more than 20 % of the territory of our country did not pay any attention to resolutions and calls directed to prevent invasion and settle the conflict by peace adopted by UNO, Council of Europe, the European Union, Organization of Islamic Conference and other influential organizations and violated constitutional rights and freedoms of thousands of citizens of the Republic of Azerbaijan who were driven out of their lands. As the result of this, suffrage of the part of citizens of Azerbaijan could not been provided. Azerbaijan stands ready to provide electoral rights of all Azerbaijani citizens without any difference of nationality.
The organization of Khankendi Constituency Election Commission #122 - one of the IDP constituencies established within the territory of the country, the population of which are IDPs, served to this aim. Azerbaijani citizens with Armenian nationality also had possibilities to exercise their active electoral right together with their other country-men in Khankendi constituency #122 and Shusha-Fuzuli-Khojali-Khojavend constituency #124 and their passive election rights in current constituencies within the whole territory of the Republic of Azerbaijan.
After the publication of the Presidential Order "“on the appointment of elections" in press, the process of nominating candidates to parliament began. As to the Constitution, each citizen of the country aged 25 can be elected to the Milli Majlis by following requirements and rules defined by the law. At this Parliamentary Elections 2 237 nominees received signature sheets for the collection of voter signatures in support of candidacies and 2 153 of them returned sheets to Constituency Election Commissions. Every candidate who collected signatures and filed relevant documents pursuant to the legislation was registered by relevant commissions. 477 candidates out of 2 062 registered candidates withdrew their candidacies and 46 candidates left for different reasons. 987 of the remaining 1 539 candidates were nominated on their own initiative, 31 candidates by initiative groups and 521 candidates by 47 political parties and 8 blocs of political parties that joined these elections more actively.
60 days prior to the voting day, on September 7, pre-election campaign began. These activities included conduct of meetings with voters, issuance and dissemination of printed materials, access to mass media and etc. All candidates were provided with the same conditions for campaigning.
Sessions of election commissions, as a rule, were conducted openly and transparently. Central Election Commission always pays much importance to the development of international relations. Also during the preparation of these elections, Central Election Commission met with representatives of the Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly and Office for Democratic Institutions and Human Rights of OSCE, the Venice Commission and accredited ambassadors of foreign countries in Baku. Close cooperation with IFES continued.
Besides representatives of international organizations and embassies of foreign countries, representatives of foreign mass media were also invited to sessions of Central Election Commission.
Nearly 60 thousands domestic observers, 1 586 international observers from 45 foreign countries and international organizations observed elections. About 300 representatives of 80 foreign mass media as well as representatives of domestic mass media covered the preparation and conduct of this important event.
By its decisions, Central Election Commission considered elections invalid in 4 constituencies. In general, electoral returns on 460 precincts were invalidated. The consideration of results invalid in some precincts of two constituencies influenced election results and the candidates considered winner in these constituencies changed.
On November 23, Central Election Commission of the Republic of Azerbaijan determined general results of the Parliamentary Elections in the country and submitted results to the Constitutional Court of the Republic of Azerbaijan for the checking and approval. Final protocol by Central Election Commission indicated that 1 974 036 of 4 675 572 voters included in the voter lists in the republic took part in the voting.
By its decision dated on December 1, 2005, the Constitutional Court of the Republic of Azerbaijan did not approve the results of Elections to the Milli Majlis on November 6, 2005 in 6 constituencies.
So, it was declared that members were elected to the Milli Majlis of the Republic of Azerbaijan in 115 constituencies out of 125 single-mandate constituencies.

Election system
The will of the Azerbaijani people constitutes the basis of state power of the Republic of Azerbaijan. This will is reflected by freely and regularly conducted elections by secret and personal voting via general, equal and direct suffrage, as well as by the nationwide voting - referenda conducted by secret and personal voting based on general, equal and direct suffrage.
Rules for the organization and conduct of Presidential Elections of the Republic of Azerbaijan, Elections to the Milli Majlis of the Republic of Azerbaijan and Municipal Elections, as well as nationwide voting - referenda shall be determined by the Election Code of the Republic of Azerbaijan which was approved and enforced by the Law signed by President Heydar Aliyev on May 27, 2003. The Code consists of 7 sections, general provisions, special part and 38 chapters. The legislation act implies main concepts, principles, principles and methods that regulate issues on exercise of suffrage, election and referendum bodies, transparency during the preparation and conduct of elections (referenda), nomination and registration of candidates, pre-election (pre-referenda) campaign, organization of the voting, complaints against violation of citizens ’ suffrage and liability for the violation of these rights and other issues.
Majority election system is applied in the country. For the conduct of elections (referenda), Central Election Commission establishes 125 election (referenda) constituencies in every 5 years. Constituencies, as a rule, are established on the basis of voters ’ average norm of representation.
The 9th chapter of the Election Code entirely includes the issues on the participation of political parties and political party blocs in elections (referenda). It contains bases and terms for the participation. Voters who intend to participate in the political activity are informed about the pledges for free and independent conduct of this activity. At least two political parties can form bloc of political parties. The name of the bloc shall be determined at the joint session of the representatives of the political parties, which enter the bloc. Bloc of political parties can submit its symbol for the approval by Central Election Commission.
During elections political parties, political party blocs that participate in elections appoint their authorized representatives, as well as authorized representatives on financial issues. Political parties and bloc of political parties nominate candidates. They can also nominate persons who are not the members of the political parties entering bloc. Political party and bloc of political parties whose candidate have been registered, have the right to appoint an agent to participate in pre-election campaign.
Pre-election campaign can be conducted by the way of holding mass activities (gatherings, meetings with voters, mass discussions and conversations) in mass media, issuance and dissemination of the published audiovisual and other campaign materials, by other methods not prohibited by law.
If the founders of TV and radio broadcasting organizations and periodical publications are state bodies, offices and financed by the state budget, then these TV and radio broadcasting organizations and periodical publications can ensure equal facilities for political parties and blocs of political parties to campaign their pre-election programs on the account of the funds allocated by the state budget. The above-mentioned organizations, periodical publications, as well as TV and radio broadcasting organizations whose programs are broadcasted in half or more than the half of the territory of the Republic of Azerbaijan are obliged to provide access for pre-election campaign by the political parties and blocs of political parties the candidates of which have been registered in more than 60 single-mandate constituencies and in more than the half of municipalities. These political parties and blocs of political parties have the right to get free airtime and space in periodicals, as well as paid airtime and space on the basis of agreement pursuant to the rules implied by the Election Code.
During elections a large number of observers appointed by political parties and blocs of political parties also observe the process of the preparation and conduct of elections, determination of voting results.
The political parties and blocs of political parties whose candidate has been registered, can appoint a citizen of the Republic of Azerbaijan having active suffrage as a member with consultative right to the composition of the relevant election commission during elections. The commissioner with consultative right represents the candidate nominated by the relevant political party or bloc of political parties at the commission. The member of election commission having consultative right enjoys equal rights with commissioners with decisive vote excluding voting and some electoral actions.
Much importance is given to mass media in the preparation and conduct of elections (referenda) by election legislation of the country. If the founders of TV and radio broadcasting organizations and periodicals are state bodies, offices and financed by the state budget, then during election campaign, they must provide Central Election Commission with free airtime not less than 15 minutes each week for explaining election (referenda) legislation, rules and provisions for the implementation of necessary election actions, disseminating information about the procedure of election campaign and replying questions of voters. TV and radio broadcasting organizations whose programs are broadcasted to less part than the half of the country 's territory, as well as TV and radio broadcasting organizations mentioned at the above of the paragraph, provide Constituency Election Commissions with free airtime not less than 10 minutes.
Election commissions use the space allocated in periodicals in order to explain election (referenda) legislation and reply questions of voters about the rules and time of election actions, procedure of election campaign by registered candidates, political parties and blocs of political parties.
Representatives of mass media have the right to participate at sessions by election commissions and vote counting. Furthermore, they can observe implementation of election actions at election commissions, determination of the voting results and electoral (referenda) returns, compilation of the protocols on voting results and electoral (referenda) returns, as well as counting and re-counting of votes.
Representatives of mass media can cover sessions by all election commissions, be familiar with the protocols on the voting results and electoral returns and decisions, as well as to get one copy of the decisions by the relevant election commission, protocols and other documents attached to them.
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