OPINION

of Mr. Rovshan Ismayilov, Member of Expert Group under Central Election Commission of the Republic of Azerbaijan established with the aim of investigating the complaints of actions (inactions) and decisions that violate citizens’ suffrage on investigating the appeal #48, dated on 24 November 2009 by Alovsat Balamirze oghlu Aghayev nominated on his own initiative to the municipality membership on Sabunchu III Con.EC # 28 related with Municipal Elections appointed to 23 December 2009

Baku city                                                           27 November 2009, at 10.30

On November 24, 2009, Alovsat Balamirze oghlu Aghayev nominated on his own initiative to the membership of Bilgah municipality on Sabunchu III Con.EC # 28 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by the above-mentioned Con.EC, he asked for taking relevant activities defined by law. 
As the appeal was legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them” and submitted in the defined period, it was accepted to investigation.
In the result of investigation it was determined that  while stating on the property which belongs to him basing on the right of property, A.B.Aghayev deliberately hid a car in his possession, VAZ-21063 model, # 10 TR 591. 
Pursuant to Article 60.2.2 of Election Code of the Republic of Azerbaijan, incorrect formalization or lack of the information on the property which belongs to the candidate basing on the right of property is the basis for the refusal from registration.
Therewith, the signature sheets including voters signatures in support of the candidate to the municipality membership were not approved by neither candidate nor the person collecting signatures.
Though pursuant to Article 58.2 of Election Code of the Republic of Azerbaijan, A.B.Aghayev was invited to the Con.EC to correct the allowed mistakes, he did not use the provided possibility without indicating any grounded reason and thus, legal results implied by Article 59.9 of the Code were formed.
So, pursuant to Article 59.9 of Election Code, if the signature sheets are not approved in handwriting of the person collecting signature, as well as the candidate, authorized representative of the political party, bloc of political parties or if the sign of the authorized representative is incorrect, then all the signatures shall be regarded invalid.
Taking the above mentioned as a basis, pursuant to Articles 112, 112-1, 112-1.5.4 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to conclusion:

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                   Rovshan Ismayilov