Repealed by HCEC4605 of 03/15/16, MO106-113 / 04.22.16 art.689;
The complaint, registered with the Central Election Commission no. CEC7 / 14651 of 4 January 2016, Mr. Veaceslav Lungu, communal councils Milestii Mici, Ialoveni, informed the Commission about the incompatibility of a counselor of the same council, Mr Vladimir Trofim elected Democratic Party ticket. According to statement no. 31 078 of 30 December 2015 on the State Register of Legal Entities annexed referral, Mr. Vladimir Trofim shall act as administrator of Municipal Enterprise "Munmilcom" village Mileştii Small enterprise whose founder is Mileştii Small Hall.
In examining the notification, the Central Election Commission has requested by letter no. CEC8 / 5236 of 12 January 2016, Mayor Mileştii Small specify what function holds Mr. Vladimir Trofim, to determine whether it falls under the regime of incompatibility provided for in art. 7 paragraph. (1) d) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected officials.
According to the documents attached to the response presented by the mayor, Mr. Vladimir Trofim was appointed Director of Municipal Enterprise "Munmilcom" of the Milestii Mici village, Ialoveni, Milestii Mici village by mayor no. 96 of 29 November 2012 provision approved by the municipal council decision Mileştii Small nr. 1/2 of 1 February 2013. Subsequently, Decision no. 1/2 of 1 February 2013 was repealed by Decision no. 7/2 of 13 August 2013, available by appointment as director of Mr. Vladimir Trofim remained in force.
Thus, it appears that Mr. Vladimir Trofim is the incompatibility provided for in art. 7 paragraph. (1) d) of Law no. 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).
In accordance with art. 8 paragraph. (1) of the act, a local representative who is in one of the cases of incompatibility will resign as incompatible with the office held or will file its mandate within 30 days of the occurrence of incompatibility.
Given that Mr. Vladimir Trofim not resigned from one of the incompatible functions within the deadline, the Central Election Commission decides lifting mandate under Article adviser. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected at the request of interested persons.
Pursuant to art. 18 para. (2), paragraph 22. (1) u) of the Election Code no. 1381-XIII of 21 November 1997 art. 5 paragraph. (2) c) par. (3) and (31), art. 7 paragraph. (1) d) and art. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 and in accordance with pt. 21, 24 and 30 of 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 er S're hot:
1. Amounts in connection with the incompatibility of office, Vladimir Trofim mandate of elected Democratic Party ticket in the Communal Council Milestii Mici, Ialoveni.
2. Declare vacant a term of municipal councils Milestii Mici, Ialoveni.
March. Municipal Council Secretary Milestii Mici, Ialoveni, within 10 days, will submit necessary documents to the Central Electoral award next mandate alternate candidate on the Democratic Party ticket.
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