By application registered at the Central Electoral Commission no. CEC 7/14032 of 15 October 2015 Mr Iurie Todirean, Soroca district council advisor, informed the Commission about the incompatibility is located within the same council advisor, Mr. Michael Grabciuc elected on the list of the political party "The Party of Socialists of the Republic Moldova ", as simultaneously holding the position of deputy mayor of Soroca, which is a public dignity incompatible, under the law, quality advisor.
In examining the complaint, the Commission asked City Hall Soroca, by letter no. CEC 8/4938 dated 23 October 2015 confirming acts for initiating the procedure mandate withdrawal adviser. In its reply by letter no. 02/1-CEC / 940 of 18 November 2015 confirmed the City Soroca holding the position of deputy mayor of Soroca by Mr Michael Grabciuc.
Thus, there is the incompatibility provided for in art. 7 paragraph. (1) a) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected officials, which states that local elected mandate is incompatible with the status of a dignitary person.
In accordance with art. 8 paragraph. (1) of the act, a local representative who is in one of the cases of incompatibility referred to in art. 7 will resign as incompatible with the office held or will file its mandate within 30 days of the occurrence of incompatibility. Given that Mr Grabciuc Michael has not resigned from one of the incompatible functions within the deadline, the Central Election Commission decides lifting mandate under Article adviser. 8 paragraph. (21) the above-mentioned law, at the request of interested persons.
Subsequently, Soroca district council secretary of the Central Election Commission submitted materials in connection with the case, registered at the Commission no. CEC 7/14571 of 22 December 2015 including the necessary documents councilor mandate award next alternate candidate on the list of political party "Party of Socialists of the Republic of Moldova" and resignation dated 14 December 2015 Mihail Grabciuc adviser, which the Commission it can hold since it was submitted late.
Based electoral documents that it holds the Central Election Commission, a council mandate lies in Soroca district council alternate candidate on the list Vrancean Ion political party "Party of Socialists of the Republic of Moldova", confirmed by the Court's judgment of June 26, 2015 Soroca .
pursuant to art. 18 para. (2), paragraph 22. (1) u) and 133 para. (12) of the Election Code no. 1381-XIII of 21 November 1997 art. 5 paragraph. (2) c) par. (3) and (31), art. 7 paragraph. (1) a) and art. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000, art. 84 para. (2) of Law 436-XVI of 28 December 2006 on public administration and in accordance with pt. 17, 21, 24 and pt. 29 of the Regulation on the procedure of removing and validation of councilors' mandates approved by the Commission's decision CEC no. 1931 of 23 April 2013, the Central Election Commission decides:
1. Amounts in connection with the incompatibility of functions, the mandate of the elected list Grabciuc Michael political party "Party of Socialists of the Republic of Moldova" in Soroca district council.
2. Councilor mandate is assigned to Soroca district council alternate candidate on the list Vrancean Ion political party "Party of Socialists of the Republic of Moldova".
March. It preavizează councilor Ion Vrancean the obligation to comply with the deadline of 30 days to remove the incompatibility if it develops.
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