On The Preliminary Application No. Cec 9/818 Of February 24, 2016 Filed By Mr. Vladimir Trofim
Original Language Title: cu privire la cererea prealabilă nr. CEC-9/818 din 24 februarie 2016 depusă de domnul Trofim Vladimir
Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364494
on the preliminary application no. CEC 9/818 of February 24, 2016 filed by Mr. Trofim Vladimir
in the Official Gazette
Article No. 689
Effective Date: 15/03/2016
By decision no. 4512 9 February 2016 'Regarding the notification on the incompatibility of a counselor in the Communal Council Milestii Mici, Ialoveni ", the CEC raised about the incompatibility of functions, the mandate of Trofim Vladimir selected list of Democratic Party and declared vacant councilor mandate that board.
Central Election Commission accepted the referral, registered at the Commission no. CEC7 / 14651 of 4 January 2016, by which Mr. Veaceslav Lungu, the same council adviser, inform the Commission about the incompatibility adviser Vladimir Trofim provided for in art. 7 paragraph. (1) d) of the Law nr.768-XIV of 2 February 2000 concerning the status of local elected according to which the mandate is incompatible with locally elected as head, deputy head (including the interim these functions) subordinate structures of local public authorities (public institutions, services , municipal enterprises). Referral were attached documents showing that Mr Vladimir Trofim is director of JV "Munmilcom" being appointed to this position by order no. 96 of 29 November 2012 Small Mileştii mayor.
On February 24, 2016 Mr. Vladimir Trofim filed a preliminary application, requesting the annulment of the whole of the CEC decision no. 4512 9 February 2016 and his mandate recognition of communal councils Mileştii Small, invoking the provisions of pt. 4, respectively, pt. 14 of Regulation municipal enterprise "Munmilcom" approved by the municipal council decision Mileştii Small nr. 4 / 3-02 of 24 August 2011 and, decision no. 4 / 3-03 of 24 August 2011 on the approval of changes to the company, that the founder of the company is the municipal council and company management is conducted by its leader that appoints and dismisses founder. Also in the preliminary request made to Mr. Vladimir Trofim decision no. 4-02 / 4 of 15 September 2011 the municipal council that he had been fired. Thus it appears that the disposal Mayor Milestii Mici, nr. 96 of 29 November 2012 was issued exceeding competence. In examining the complaint to the Commission they have not submitted documents.
Pursuant to art. 18 of the Electoral Code no. 1381-XIII of 21 November 1997 and in accordance with the Regulation on the procedure of removing and validation of councilors' mandates approved by CEC Decision no. 1931 of 23 April 2013, the Central Election Commission decides:
1. It accepts the application prior to Mr. Vladimir Trofim.
2. Is repealed CEC Decision no. 4512 9 February 2016 'Regarding the notification on the incompatibility of a municipal councilor in Milestii Mici, Ialoveni ".
March. Restoring Mr. Vladimir Trofim advisor in the Communal Council Milestii Mici, Ialoveni.
4. This decision shall enter into force upon adoption, will be published on the official website of the Central Election Commission and in the Official Gazette of the Republic of Moldova.
CENTRAL ELECTORAL COMMISSION PRESIDENT
Secretary Andrei Volentir
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