DECISION
of Central Election Commission
of the Republic of Azerbaijan

on the consideration of the application by Mr. Arif Hasangulu oghlu Aliyev, candidate to presidency  in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008

Mr. Arif Hasangulu oghlu Aliyev, candidate to presidency in Presidential Elections of the Republic of Azerbaijan, appointed on October 15, 2008 applied to the CEC on September 8, 2008 and informed that signature sheets and  relevant documents attached to them for the registration of candidacy to presidency were not received related to missing deadline and asked to receive these documents.  
Application of the candidate to presidency was investigated by the member of Expert Group under CEC pursuant to Articles 112, 112-1 of Election Code, relevant opinion was arrived at on this and it was considered at the CEC session.
It became known at the result of investigation that though the period for submitting signature sheets  and relevant documents attached to them for the registration of candidates in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008 was determined date of September 5, 2008 till 18.00, the above-mentioned documents were not submitted to Commission in the determined period and thus, requirements of Articles 58.1 and 58.4 of Election Code were violated. Legislation does not imply the reception of these documents after the after the end of the determined period and extending this period for any reason.
Pursuant to Article 58.1 of Election Code, the candidate, authorized representative of the 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.
Pursuant to Article 58.4 of this Code, receiving relevant documents shall not be refused only when submitting them in the period implied by law.
According to the above-mentioned commented, application of Mr. Arif Hasangulu oghlu Aliyev on the receipt of relevant documents for the registration of candidacy to presidency was not implemented because of groundlessness.
Adopting the above-mentioned as a basis, pursuant to Articles 19.4, 19.14, 28.2, 28.4, 58.1, 58.4, 112, 112-1 of Election Code of the Republic of Azerbaijan, and items # 1, 2, 4, 6, 7 of Instruction “on the rules for submission of complaints and appeals to Central Election Commission of the Republic of Azerbaijan and Constituency Election Commissions and their consideration”, Central Election Commission of the Republic of Azerbaijan decides:

1.  Application of Mr. Arif Hasangulu oghlu Aliyev, candidate to presidency in Presidential Elections of the Republic of Azerbaijan appointed on October 15, 2008 shall not be implemented because of groundlessness.

2. The decision shall be enforced since the day of its publication.

CEC Chairman                          Mazahir Panahov

CEC Deputy Chairman             Svetlana Gasimova

CEC Secretary                           Natig Mammadov

CEC Commissioners:
                    
Fuad Javadov

Ramiz Ibrahimov

Valida Kazimova

Gabil Orujov

Tofig Hasanov

Ilham Mamadov

Nizami Nadirov

Azer Taghiyev

Tamam Jafarova

Rovshan Ismayilov

Akif Gurbanov

Almas Gahramanli

Oktay Humbatli