OPINION

On the appeal submitted by citizen Quliyev Famil Akhmad, and investigated by Ramiz Ibrahimov, member of the Expert Group established within the Central Election Commission of the Republic of Azerbaijan with the aim of investigation of complaints on actions (inactions) and decisions violating citizens’ suffrage and related to the municipal elections appointed to December 23, 2009.

Baku                                                                                                     December 19, 2009, 15:00

I, the member of the expert group Ramiz Ibrahimov, after the consideration of the complaint related to the municipal elections appointed to December 23 and submitted by the citizen Quliyev Famil akhmad regarding the decision of Sabail ConEC 29 of November 9, 2009 # 26/61 on rejection of registration of the candidate to the membership in Sabail municipality defined following:
As the appeal corresponds to the requirements of Election Code of the Republic of Azerbaijan and Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, it was accepted for investigation.
During the investigation it was determined that the relevant constituency election commission made a decision on registration of the candidates to municipality membership on November 9, 2009 and this decision was immediately submitted to the interested person. Thus, the reference of the constituency election commission # 192 of December 19, 2009 shows that the decision of the ConEC # 26/61 of November 9, 2009 on non-registration of the candidate Quliyev Famil Akhmad was personally and immediately provided to the applicant. Based on the application submitted by F.A.Quliyev to the same ConEC on December 12, 2009, a copy of the decision was again submitted to the applicant.    
It is clear from the complaint and the documents attached to it, that the complaint is submitted after expiration of terms specified by law. Thus, the applicant did not contested the decision within three days after receiving of the copy of decision, on December 12, he applied to the constituency election commission and received another copy of the decision, but again did not submit the complaint according to the rules and time period specified by the law.
Due to the fact that the complaint was not submitted according to the rules and time period specified in law, the complaint on the decision about the candidate’s registration made by the constituency election commission shall be returned without investigating it.
According to Article 112 of Election Code and Provision 4.1.2 of Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, complaints shall be submitted according to the rules and time period specified by the law, within 3 days after the decision has been made, actions (inactions) have occurred, or the interested person has been informed about it.
At the same time, according to Provision 7.1 of the same Instruction, after the registration of a complaint by election commission and its assignment to the expert, the very same expert shall ensure the initial review of the complaint. If the expert realizes that the rules on reception of a complaint specified by the Election Code and Instruction have been violated, in that case, he/she shall make a recommendation about the return of the complaint to the applicant after informing the Coordinator about the matter.
According to Articles 112-1 and Provision 1.1, 4.1.2, and 7.1 of the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to opinion:

Member of the Expert Group                                                                  Ramiz Ibrahimov