Regarding The Notification Căuşeni Territorial Office Of The State Chancellery On Condition Incompatible Hîrbovăţ Village Councils, District Noi

Original Language Title: cu privire la sesizarea Oficiului teritorial Căușeni al Cancelariei de Stat privind starea de incompatibilitatea unui consilier în Consiliul sătesc Hîrbovăț, raionul Anenii Noi

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regarding the notification Căuşeni Territorial Office
State Chancellery on the incompatibility of a counselor
Village Council Hîrbovăţ district Noi

Posted: 04/15/2016
in the Official Gazette

Nr. 100-105
Article Number: 570
Effective Date: 02/09/2016

Căuşeni Territorial Office of the State Chancellery has informed the Central Election Commission about the incompatibility adviser Ivan Sparrow elected Liberal National Party list Village Council Hîrbovăţ district Noi. Referral are attached to the board's decision, no. 14-05 of 28 December 2013 that the state's personnel Village Hall ranger Hîrbovăţ be unity and order no. 92 of 21 August 2016 that Mr. Sparrow Ivan is employed as a forester in the town hall in question, contrary to Art. 7 paragraph. (1) c) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected, which states that the mandate of locally elected representative is incompatible with a public servant, employee subdivisions local authorities (of the district, town halls, city hall and prices Chisinau, divisions, departments and other subdivisions) including the People's Assembly and the Executive Committee of Gagauzia.
In examining the complaint, the Commission has received order no. 142 of 17 December 2016 village mayor Hîrbovăţ by Mr Sparrow Ivan is relieved of forester in the request for resignation.
The Commission also requested "Moldsilva" through letter no. CEC 8/5231 dated 11 January 2016, to clarify whether the reported situation falls within the regime of incompatibility provided for in art. 7 paragraph. (1) c) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected if the position of forester can be included in the State of staff of the local authority or fall subordinate structures "Moldsilva" is whether or not this function relations of subordination (the labor, financial) to local government authority.
In reply to the Commission by letter no. CEC 7/14769 of 25 January 2016, the Agency "Moldsilva" informed the Commission that it has no jurisdiction to rule on the features to be included in the staff of local authorities.
Considering that over the admissibility of referral Mr. Sparrow Ivan removed the incompatibility provided for in art. 7 paragraph. (1) c) of Law no. 768-XIV of 2 February 2000, pursuant to art. 18 para. (2) of the Electoral Code no. 1381-XIII of 21 November 1997, the Central Election Commission er S're hot:
1. No notes are available. 142 of 17 December 2015 Hîrbovăţ village mayor, district Noi.
2. Rejecting the notification Căuşeni Territorial Office of the State Chancellery about the fact that the situation was the subject it is consumed.
March. Resolves this decision Căuşeni Territorial Office of the State Chancellery and Hîrbovăţ Village Hall.
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.

Iurie Ciocan
Secretary Andrei Volentir