OPINION

of Mr. Rafig Abbasov, 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 # 39, dated on 23 November 2009 by citizen Tahir Ahad oghlu Poladov nominated to the membership of Mashtagha municipality who lives in Baku, Mastagha settlement, address 694 “A” related with Municipal Elections appointed to 23 December 2009

Baku city                                                                     26 November 2009, At 15.00

On November 23, 2009, Tahir Ahad oghlu Poladov nominated on his own initiative to the membership of Mashtagha 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. 
I, member of Expert Group Rafig Abbasov defined and investigated the appeal # 39 entered the Central Election Commission on 23 November 2009 by citizen Tahir Ahad oghlu Poladov, candidate to the membership of Mashtagha municipality.
As the appeal had been 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 adopted to investigation.
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, the appeal was investigated by me as a member of Expert Group under Central Election Commission of the Republic of Azerbaijan.
In the process of investigation, complainer was kept contact with and informed on his rights to present additional evidences and participate in the investigation. He stated that he had not any additional evidence to present except the information included in the complaint.
For asserting the efficient ensuring of citizens’ election rights, Central Election Commission fully, impartially, comprehensively and objectively investigated the appeal within the period defined by law.
In the result of investigation it was determined that  while stating on the property which belongs to him basing on the right of property, T.A.Poladov deliberately hid a car in his possession, VAZ-21074 model, # 10 VH 847. 
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.
So, as the appeal of the candidate to municipality membership is groundless, it shall not be implemented.
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                                                   Rafig Abbasov