With Regard To The Award Of The Order Of The Communal Council Varzaresti, Nisporeni District
Original Language Title: cu privire la atribuirea unui mandat de consilier în Consiliul comunal Vărzărești, raionul Nisporeni
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In examining Court rulings regarding confirmation of Nisporeni legality of General local elections of 14 June 2015 and validation of mandates of mayors and Councillors are elected, it was found that by the decision of the Court of 19 June 2015 (dossier No. 3-52/2015) for the validation of mandates of the communal Council Varzaresti, Nisporeni Raion, was validated including Adviser to mandate Mr. Uba Constantine chose the Liberal party list and later, according to the results of the second ballot, Mr. Uba Carey was elected Mayor, the primary mandate of being validated by the Court on 6 July 2015 (dossier No. 3-65/2015). In these circumstances there was incompatibility condition that Mr. Uba Constantine was to a push within 30 days from the date of its occurrence.
On 31 May 2016 Central Election Commission informed Mr Ungureanu, through CEC-number approach 8/5569, about his obligation to comply with the provisions of article 7. 8 para. (1) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, whereby the one that sits in one of the cases of incompatibility. 7 of this law will resign as incompatible with its mandate or the lodge held its mandate within 30 days after the occurrence of the incompatibility.
On 21 July the Commission received a request for resignation from the post of counselor to Mr. Uba Constantine and the documents necessary for the assignment of counsel to the next alternate candidate.
Note that the Commission resignation Mr. Uba Constantin invokes the State of incompatibility in relation to the holding of concurrent primary mandate. As such, the Commission finds violations by Mr. Uba Constantine 30-day time limit established by law for the removal of the incompatibility condition from its appearance. Considering this fact, the Commission decides to refer to the National Commission of integrity with regard to the violation of the legal regime of incompatibility by the Mayor of Varzaresti, Mr Ungureanu.
On the basis of electoral documents held by the Central Electoral Commission, the terms of the communal Council bears the alternate candidate Varzaresti Dallmann's list Liberal, confirmed by the decision of the Court of 19 June 2015 Nisporeni.
Pursuant to article 1. 18 paragraph 1. (2), art. 22 paragraph 1. (1) (a). u), art. 133 paragraph 2. (12) of the electoral code no. 1381-XIII of November 21, 1997, art. 5 para. (2) (a). f) and paragraph 3. (3), art. 8 para. (3) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, and in accordance with paragraphs 22, 23 and 29 of the Regulation in respect of the seizure and the validation of mandates of Councillor, approved by the decision of the Central Election Commission no. 1931 of 23 April 2013, the Central Electoral Commission decides: 1. Amounts in connection with the resignation in claiming the incompatibility of the function, mandate and elected Adviser Constantin list Uba of the Liberal Party in the Municipal Council of Varzaresti.
2. The Commission Shall bring the matter before the National Integrity to examine infringement legal regime of incompatibility by the Mayor of Varzaresti, Nisporeni district, Mr Ungureanu.
3. this decision is submitted for information to Mr Ungureanu, Mayor of Varzaresti, Nisporeni.
4. the mandate assigned to it by the communal Council Varzaresti, Nisporeni Raion, Alternate candidate Dallmann's list Liberal.
5. preavizează Dallmann Adviser on the obligation to comply with the time limit of 30 days to remove the incompatibility condition in the event of its occurrence.
6. this decision shall enter into force on the date of its adoption, shall be published on the official website of the Central Election Commission and the Official Gazette of the Republic of Moldova.
The PRESIDENT of the CENTRAL ELECTORAL COMMISSION Alina RUSSU
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