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LAW OF THE AZERBAIJAN REPUBLIC

of July 14, 2023 No. 980-VIQD

About introduction of amendments to the Code of the Azerbaijan Republic about administrative offenses

Millie Majlis of the Azerbaijan Republic, being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Make the following changes to the Code of the Azerbaijan Republic about administrative offenses (the Collection of the Legislation of the Azerbaijan Republic, 2016, No. 2 (the Book I), Article 202, No. 3, Articles 397, 403, 429, No. 4, Articles 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Article 1608, No. 11, Articles 1769, 1774, 1781, 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049, 201 7, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3, Articles 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Articles 1020, 1033, 1036, No. 7, Articles 1273, 1296, 1297, 1299, No. 11, Articles 1964, 1966, 1969, 1979, No. 12 (the I book), Articles 2214, 2217, 2220, 2233, 2237, 2240, 2253, 225, 253, 2256, 2253, 225, 266, 2018, No. 1, Article 19, No. 2, Articles 160, 162, 163, No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876, 883, No. 6, Articles 1153, 1188, No. 7 (book I), Article 1435, 1437, 1438, No. 10, Article 1963, No. 11, Articles 2188, 2191, 2214, 2217, 2231, No. 12 (book I), Article 2473, 2475, 2499, 2507, 2512, 2522, 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 5. 6, Articles 992, 998, 1007, No. 7, Article 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Article 222, No. 5, Articles 505, 515, 519, No. 6, Articles 670, 672, 681, No. 7, Articles 838, 841, 846, 854, No. 8, Articles 1008, 1011, No. 9, Article 1138, No. 11, Articles 1332, 1333, 1336, No. 12 (book I), Article 1432, 1440; 2021, No. 4, Article 306, No. 5, article 428, No. 6 (book I), Articles 535, 541, 546, 560, No. 7, Articles 701, 705, 711, No. 8, Article 894, No. 11, Article 1208, No. 12, Articles 1306, 1334; 2022, No. 1, Article 2, No. 2, Article 89, No. 4, Article 293, No. 5, Article 435, No. 7, Articles 694, 699, 703, No. 8, Articles 822, 825, 828, No. 11, Article 1236, No. 12, Articles 1364, 1399; 2023, No. 1, Articles 17, 20, 32, 39, No. 2, Articles 149, 201, 204; No. 4, Article 466; The Laws of the Azerbaijan Republic No. 868-VIQD of May 2, 2023 and No. 890-VIQD of May 30, 2023):

1. In the second offer of Article 38.1 before the words "about non-governmental organizations" to add the word "about political parties".

2. In the first offer of Article 54.2 after figures "162-1" to add figure "184.4, 184.5, 184.8".

3. State Article 184 in the following edition:

"Article 184. Violation of the law about political parties

184.1. For activities of political party without state registration the penalty in the amount of seven hundred to one thousand manats is imposed on physical persons.

184.2. For creation or activities of political parties of foreign states, and also their divisions and organizations in the territory of the Azerbaijan Republic on physical persons the penalty in the amount of seven hundred to one thousand manats, is imposed on officials - from one thousand five hundred to two thousand manats, on legal entities - at the rate from six thousand to eight thousand manats.

184.3. For acceptance of foreigners and stateless persons in members of political party on officials the penalty in the amount of eight hundred to one thousand manats, is imposed on legal entities - from three thousand to five thousand manats.

184.4. Except for the actions provided by the Law of the Azerbaijan Republic "About political parties" when activities of political party are suspended or its liquidation its activities in any form, including actions of party bodies (structural organizations) and members from name of political party and/or for implementation of activities, holding meetings are registered by the state, carrying out financial transactions or participation in the illegal organization or carrying out its activities on physical persons the penalty in the amount of seven hundred to one thousand manats, is imposed on officials - from one thousand five hundred to two thousand manats, on legal entities - at the rate from six thousand to eight thousand manats.

184.5. For making of any actions connected with activity of the party including for decision making or signing of documents by bodies (structural bodies) of political party which term of office expired the penalty in the amount of seven hundred to one thousand manats is imposed on physical persons.

184.6. For non-presentation of information on subsequent changes in the register of members of political party to body (organization) determined by relevant organ of the executive authority, in time, determined by the Law of the Azerbaijan Republic "About political parties", - on officials the penalty at the rate from one thousand to one thousand five hundred manats, is imposed on legal entities - in the amount of two to three thousand manats.

184.7. Except for preparation and implementation of social and political editions, other propaganda and propaganda materials, for occupation other types of business activity by political party impose penalty in the amount of two to the quadruple extent of the damage caused owing to administrative offense (earned incomes).

184.8. For intervention of political party in activities of state bodies (organizations), local government bodies, officials, and also in business activity of other persons - on officials the penalty at the rate from one thousand to one thousand five hundred manats, is imposed on legal entities - in the amount of three to five thousand manats.

184.9. For not message the political party to body (organization) determined by relevant organ of the executive authority, in time, established by the Law of the Azerbaijan Republic "About political parties", about agreement signature with political parties of other countries, or the introduction in members of international unions of political parties - on officials imposes penalty in the amount of five hundred to seven hundred manats, on legal entities - in the amount of one thousand five hundred to two thousand manats.

184.10. For acceptance of money by political party from the faces prohibited by the Law of the Azerbaijan Republic "About political parties", or in cash (without transfer into the bank account), or in foreign currency - on officials the penalty at the rate from two thousand to two thousand five hundred manats, is imposed on legal entities - at the rate from six thousand to eight thousand manats.

184.11. For acceptance by political party within year of the membership fee or donation exceeding the amount (cost) determined by the Law of the Azerbaijan Republic "About political parties" from the member of political party or the other person - the penalty in the amount of eighty to hundred percent of its amount (cost) is imposed on already accepted membership fee or donation which are direct object of administrative offense with confiscation.

184.12. For opening of any account type by political party (including at all types of the financial organizations) outside the Azerbaijan Republic on officials the penalty in the amount of one thousand five hundred to two thousand manats, is imposed on legal entities - at the rate from four thousand to five thousand manats.

184.13. For not return by political party of the donation received in defiance of requirements of the Law of the Azerbaijan Republic "About political parties" in the time established by this Law and if it is impossible, not transfer of this amount of the government budget the penalty in the amount of sixty to eighty percent from the amount of donation which was direct subject to administrative offense is imposed.

184.14. For non-presentation in Central Election Commission of the Azerbaijan Republic information on the amount of the donations received by political party and persons who made donation and also the financial aid which is considered as donations according to the legislation of the Azerbaijan Republic. "About political parties", or for its non-presentation in full, correctly or in time - on officials the penalty at the rate from two thousand to two thousand five hundred manats, is imposed on legal entities - at the rate from six thousand to eight thousand manats.

184.15. For carrying out by political party banking activities or any other transaction on the donation which is not provided to Central Election Commission of the Azerbaijan Republic according to the procedure, established by the Law of the Azerbaijan Republic "About political parties" on officials the penalty in the amount of two to three thousand manats, is imposed on legal entities - at the rate from six thousand to eight thousand manats.

184.16. For repeated committing by person, received administrative punishment, the offenses provided by Articles 184.6 and 184.9 of this Code within one year from the date of the introduction in legal force of the resolution on administrative punishment on officials the penalty in the amount of two to two thousand five hundred manats, is imposed on legal entities - at the rate from four thousand to six thousand manats.

184.17. For repeated making of the offenses provided by Articles 184.1 - 184.5, 184.8, 184.10, 184.12, 184.14 and 184.15 of this Code, person who received administrative punishment within one year from from the date of the introduction in legal force of the resolution on imposing of administrative punishment on physical persons imposes penalty in the amount of one thousand five hundred manats to two thousand manats, on officials - at the rate from three thousand to five thousand manats, on legal entities - at the rate from ten thousand to fifteen thousand manats.".

4. To exclude the words "or political party in Central Election Commission of the Azerbaijan Republic" from disposition of Article 465.

5. Under Article 466:

5.1. Exclude from disposition of Article 466.1 of the word "political party or";

5.2. Exclude from disposition of Article 466.2 of the word "political party or".

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