With Regard To The Award Of Mandates Of The Council Carbuna Village, Ialoveni District

Original Language Title: cu privire la atribuirea unor mandate de consilier în Consiliul sătesc Cărbuna, raionul Ialoveni

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=366592

    By decision No. 4374 from 8 December 2015, Central Electoral Commission, in connection with the resignation, the mandate of the hearing Spînachi Valle elected democratic party list in the Carbuna Village Council, Ialoveni district. At that time the Commission has been unable to assign the mandate of Councilor candidate alternate from the list of its nominees because the judgement of validating alternate candidates emerging from Ialoveni district court was admitted a material error which consist in omission of confirmation candidate alternate list Barbăneagră Nicolae Democratic Party of Moldova. Subsequently, the Court adopted the decision of Ialoveni additional 18 July 2016 has corrected the error.
On 22 July 2016 at the Central Electoral Commission declaration was lodged of consimțămînt Alternate candidate named above. 
At the same time, the Secretary of the Council of Carbuna village, Ialoveni district, Central Electoral Commission resignation of Alderman Mike Ion on the list of the Liberal Democratic Party of Moldova and the documents necessary for the assignment of counsel to the next alternate candidate on the party list.
The set of documents presented also include the decision No. 2/04 of 6 June 2016 Village Council Carbuna, by which the term of Office of Mr. Ion Adviser Mike rises in relation to the incompatibility of the function and the application of resignation submitted. The Commission finds that the decision was adopted by the Council exceeded the competence of materials, contrary to the provisions of art. 22 paragraph 1. (1) (a). u) of the election code and art. 5 para. (3) of law No. 768-XIV of 2 February 2000 on local public servant status, according to which its jurisdiction in this case lies with the Central Electoral Commission. In order to comply with the legal framework in force and given the fact that the decision of the local Council, as act issued outside the competence, is struck by a declaration of invalidity, the Commission recommended to the Council the village Carbuna to overrule that decision.
At the same time, the Commission notes that the resignation filed by Mr. Mike Ion to the Council on 15 April 2016 falls within the term of 30 days set for elimination of the State of incompatibility, the latter being appointed director of the gymnasium Carbuna, Ialoveni, by order of the Directorate-General for education in Ialoveni nr. 46-p at 31 March 2016, but documents have reached him at the Commission on 12 July 2016, which denotes the failure by Council Secretary within the village of Carbuna in point 23 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.
On the basis of electoral documents held by the Central Electoral Commission, mandates village Council Carbuna under alternate candidates list Barbăneagră Nicolae Democratic Party of Moldova and Bai party Ilie of Liberal Democratic Party of Moldova. Lists alternate candidates were confirmed by the decisions of the Court of Justice of 23 June 2015 Ialoveni, 12 august 2015, respectively, 18 July 2016. The award of the mandate have been taken into account the statement of Prince Andrei candidate alternate on the list of the Liberal Democratic Party of Moldova, whereby it refuses the assignment of counsel.
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) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, and in accordance with section 23, 25 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, the mandate of Mike Ion's Adviser list of Liberal Democratic Party of Moldova in Carbuna Village Council.
2. assign mandates village Council Carbuna, Ialoveni, alternate candidates list Barbăneagră Nicolae Democratic Party of Moldova and Bai party Ilie of Liberal Democratic Party of Moldova.
3. Nicholas and preavizează counseling Barbăneagră Bai Ibrahim on the obligation to comply with the time limit of 30 days to remove the incompatibility condition in the event of its occurrence.
4. it is recommended to the Council the village Carbuna and repeal decision No. 2/04 of 6 June 2016.
5. Urges the Secretary of the Council on the need to respect the village Carbuna the time limit set in point 23 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.
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