eurasia-101 | Page 43

treatment in state-funded media should be prohibited , and immediate action is required from the authorities in the event of any breach " 38 . In this regard , the leader of the Liberal Party Lale Shovket noted that elections in Azerbaijan , in the absence of a democratic atmosphere , cannot be free and fair , if " the free press is pressured , leading journalists are detained , political prisoners are imprisoned , freedom of assembly is restricted , the Electoral Code is introduced . There are reactive changes , the government has monopolies in the election commissions ” 39 .
Amendments to the Electoral Code of Azerbaijan consist of the inclusion of new articles , in particular 11-1 40 ( prevention of illegal interference in the conduct of elections ( referendum )), 47.5-1 ( procedure for excluding citizens from the voter list ), 73-1 41 ( refusal of a candidate to run for office ), 170.3 42 ( Failure of elections in a single-mandate constituency or invalidation of elections ). All of these articles were approved by the Venice Commission , with a few exceptions .
Let us state that the above-mentioned new articles have nothing to do with facilitating the registration of an opposition candidate , protecting their rights , and eliminating election violations . Taking into account the above remarks , which have not been revised or have been partially revised , we can say that changes have been made , but they are more aimed at limiting the opposition and providing even more favorable conditions for the government .
To get an overview of the extent to which the Azerbaijani authorities have pursued this or that proposal or point of view on the Electoral Code by amending the articles , let us present the amendments or omissions of the Code from 2008 to 2018 , as well as insufficient changes and omissions .
Despite the efforts of international organizations to try to improve the Electoral Code in Azerbaijan as much as possible , we should note that Article 23.1 , the term of office of the members of the Central Electoral Commission ( hereinafter referred to as the CEC ), has not been amended . The members of the commission
38
Venice Commission and the OSCE / ODIHR , Joint opinion on the draft law on amendments and changes to the electoral code of the republic of Azerbaijan of 2008
39
Ōpozic`iya v Azeŕbaiĵane zayavlyayet ō nelegalnix predstoyašix prezidetskix viberōv , last modified April 21 , 2021 , https :// www . kavkaz-uzel . eu / articles / 143272 /, [ Faik Medjid , Opposition in Azerbaijan claims the illegitimacy of the upcoming presidential elections , Caucasian Knot , September 5 , 2008 ]
40
Azərbaycan Respublikasının , Azərbaycan Respublikasının seçki məcəlləsi , Bölmə 1 , Maddə 11-1 , 2003 , last modified April 21 , 2021 , http :// www . e-qanun . az / code / 17 ,
41
Azərbaycan Respublikasının , Azərbaycan Respublikasının seçki məcəlləsi , Bölmə 12 , 73-1 Maddə , 2003 , last modified March 24 , 2021 , http :// www . e-qanun . az / code / 17 ,
42
Ibid , chapter 27 , 170.3
43