On Awarding A Mandate Adviser Cărbuna Village Council, Ialoveni

Original Language Title: cu privire la atribuirea unui mandat de consilier în Consiliul sătesc Cărbuna, raionul Ialoveni

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967261/cu-privire-la-atribuirea-unui-mandat-de-consilier-n-consiliul-stesc-crbuna%252c-raionul-ialoveni.html

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Secretary of village Cărbuna, Ialoveni, conveyed the Central Election Commission request to resign advisers Sobol Ivan chose the list of Liberal Democratic Party of Moldova and spinach Vitalie elected on the list of Democratic Party, and the documents required attribution of councilors' mandates following deputy candidates .
The decision further Ialoveni Court of August 12, 2015 (file no. 3CA-106/2015) were confirmed lists of deputy candidates of the Liberal Democratic Party and the Democratic Party, but was omitted deputy candidate Nicholas Barbăneagră appearing first on the list of the second party and that is to award the mandate. In addition, the judgment said were not declared deputy candidates from lists of all political parties that have accumulated votes of the electors. Therefore, the Commission is unable to assign the next mandate alternate candidate on the Democratic Party ticket, summarizes the advisor to raising mandate.
However, the examination found that the documents submitted to decision no. 4/04 9 July 2015 the Council adopted village was overrun Cărbuna substantive jurisdiction, since, contrary to Art. 5 (3) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected council raised councilors mandates Ivan Sobol and spinach Vitalie the applications of resignation submitted by them. In order to comply with current legal framework and considering that the local council's decision as an act beyond the powers given is invalid, the Commission recommends to the Council to repeal the village Cărbuna decision no. 4/04 9 July 2015.
Based electoral documents that it holds the Central Election Commission, the Village Council councilor mandate rests Cărbuna alternate candidate on the list Untilă Ion Liberal Democratic Party, confirmed by the Court's judgment Ialoveni 9 November 2015. under Article
. 18 para. (2) art. 22 para. (1) u), art. 133 par. (12) of the Election Code no. 1381-XIII of 21 November 1997 art. 5 paragraph. (2) f) and para. (3) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected and in accordance with section. 11:29 p.m. of Regulation on the procedure of lifting and validation of the mandates adviser, approved by CEC Decision no. 1931 of 23 April 2013, the Central Election Commission decides:
1. Amounts in connection with requests for resignation, Ivan Sobol mandates councilors elected Liberal Democratic Party ticket and spinach Vitalie elected Democratic Party ticket in Cărbuna Village Council.
2. Declare vacant a term of village councils Coal, Ialoveni.
March. It assigns council mandate in Cărbuna Village Council, Ialoveni, Ion Untilă alternate candidate on the list of the Liberal Democratic Party.
4. It preavizează councilor Ion Untilă the obligation to comply with the deadline of 30 days to remove the incompatibility if it develops.
May. Village Council is recommended to repeal Cărbuna decision no. 4/04 9 July 2015.
June. Ialoveni Court shall be notified about the need to confirm Barbăneagră alternate candidate on the list Nicolae Democratic Party.
July. 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