With Regard To The Award Of The Order Of The Communal Council Telenesti, Orhei District
Original Language Title: cu privire la atribuirea unui mandat de consilier în Consiliul comunal Pelivan, raionul Orhei
Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=363178
Through referral by the Commission, registered under nr. CEC 7/6 November 2015 14205, Mr. Ba Gandhi Municipal Council Telenesti, Orhei district, informed the Central Election Commission about the State of incompatibility of the Garbatovschi Adviser Victor chose the list of the Democratic Party of Moldova. The appeal shall be accompanied by documents which show that the disposal of the Mayor of the commune Pelivan, nr. 29-from 1 September 2015, Mr. Victor Garbatovschi director of Municipal Enterprise "Mfh communal services" which is located under the communal Council Telenesti.
Thus, the State of incompatibility laid down in article 21. 7 para. (1) (a). d) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, which provides that the mandate of local elected officers, is incompatible with the status of Chief, Deputy Chief (including interim these functions) in the underlying structures of local public authorities (public institutions, municipal services, enterprises).
In accordance with article 5. 8 para. (1) of the said law, the one that is located in one of the cases of incompatibility. 7 will resign as incompatible with its mandate or the lodge held its mandate within 30 days of the occurrence of incompatibility. Given the fact that Mr. Victor Garbatovschi has not resigned from one of the incompatible functions within that period, the Central Election Commission shall decide in accordance with the mandate of raising art Adviser. 8 para. (21) the above, at the request of the persons concerned.
On the basis of electoral documents held by the Central Electoral Commission, the terms of the communal Council bears the alternate candidate Pablo S Eason on the list of the Democratic Party of Moldova, confirmed by the decision of the Court of 29 June 2015 Orhei.
Pursuant to article 1. 18 paragraph 1. (2) subparagraph (c), 22. u) and 133 paragraph 2. (12) of the electoral code no. 1381-XIII of November 21, 1997, art. 5 para. (2) (a). (c)), para. (3) and (31), art. 7 para. (1) (a). (d)) and art. 8 para. (21) of law No. 768-XIV of 2 February 2000 and in accordance with section 17, 21, 24 and point 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 h a t â â t e r, and others: 1. the amounts in relation to the incompatibility of the function, mandate Garbatovschi Adviser Victor elected democratic party list in the Municipal Council of Pablo.
2. the mandate assigned to it by the communal Council Telenesti, Orhei, Alternate candidate S Eason in the list of the Democratic Party of Moldova.
3. Elena preavizează S Advisor on the obligation to comply with the time limit of 30 days to remove the incompatibility condition in its case.
4. 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 CHAIRMAN Of The CENTRAL ELECTION COMMISSION Iurie CIOCAN
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