OPINION
of Mr. Ramiz Ibrahimov, Member of Expert Group under Central Election Commission formed in the aim of investigating complaints against activity (inactivity) and decisions violating suffrage of citizens, on the investigation of the complaint filed by Mr. Arif Hasangulu oghlu Aliyev
Baku September 10, 2008
At 11.00
I, Ramiz Ibrahimov, Member of Expert Group investigated the complaint on not receiving signature sheets and relevant documents attached to them for the registration of the candidate to presidency which was provided to Central Election Commission on September 8, 2008 by Mr. Arif Hasangulu oghlu Aliyev, candidate to presidency in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008.
Candidate applied to the CEC and admitted that he missed the deadline implied by Election Code for the submission of relevant documents for the registration of candidacy to presidency, nevertheless, he stated that CEC did not receive these documents beyond reason and asked to receive or refuse the documents for the registration of the candidacy.
As the application was compiled legally and submitted during the period implied by Election Code, it was adopted for investigation.
It was became known at the result of investigation that Mr. Arif Hasangulu oghlu Aliyev, candidate to presidency did not submit relevant documents for the registration of the candidacy to presidency to the CEC in the period implied by Election Code.
In the process of investigation, the applicant was contacted with, he was informed on the rights of submitting supplementary evidences and participating in the investigation. Not any supplementary evidence was submitted by the applicant.
Pursuant to Article 58.1 of Election Code which regulates “submission of election documents for the registration of candidates”, the authorized representative of the candidate, political party, blocs of political parties shall submit election documents to the relevant commission for the registration of the nominated candidates at most 65 days and at least 40 days prior to the voting day.
At the same time, Article 58.4 of this Code considers that “when submitting relevant documents unless the period implied by Articles 58.1 and 58.2 of this Code ends, their reception shall not be refused”.
Evidently, Election Code determined exact time and period for the submission of election documents for the registration of the candidate. Election legislation does not consider extending this period on account of any reason.
Deadline for the submission of signature sheets and relevant documents attached to them to the CEC for the registration of the candidate in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008 ended on September 5, 2008 at 18.00. Applicant Mr. Arif Hasangulu oghlu Aliyev did not legally submit the above-mentioned documents till this period ended and after this period ended, the adoption of these documents is not implied by legislation.
In correlation with the above commented, the application of Mr. Arif Hasangulu oghlu Aliyev on receiving relevant documents for the registration of the candidacy was not implemented because of groundlessness.
Pursuant to Articles 58.1, 58.4, 112, 112-1 and items # 1, 2, 4, 6, 7 of Instruction “on the rules for the submission of applies and complaints related to the violation of suffrage to Central Election Commissions and Constituency Election Commissions and their consideration”, I arrived at a conclusion:
1. Because of not submitting relevant documents for the registration of the candidacy to the CEC in period implied by Election Code in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008, the application of Mr. Arif Hasangulu oghlu Aliyev shall not be implemented because of groundlessness.
2. The opinion shall be published within 24 hours since its adoption and its copy shall be sent to the complainer.
Member of Expert Group Ramiz Ibrahimov
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