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 # 40, dated on 23 November 2009 by Aydin Divangir oghlu Hasanov nominated on his own initiative to the municipality membership on Fuzuli  Con.EC # 84 related with Municipal Elections appointed to 23 December 2009

Baku city                                                           27 November 2009, at 15.00

On November 23, 2009, Aydin Divangir oghlu Hasanov nominated on his own initiative to the membership of Boyuk Bahmanli municipality on Fuzuli Con.EC # 84 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 process of investigation, complainer A.Hasanov was kept contact with and informed on his rights to present additional evidences and participate in the investigation. A.Hasanov stated that he had not any additional evidence to present except the information included in the complaint.
In the result of investigation it was determined that the number of voters signatures considered valid were not sufficient besides, while stating on the property which belongs to him basing on the right of property, A.D.Hasanov deliberately hid the part of the house with 2 floors, 4 rooms and 1/7 part (110,19 square meter) of another house which belong to him as inherited from Divangir Babakishi oghlu Hasanov.
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.
Pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4 and 6, 7 of Instruction “on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:

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