By application registered at the Central Election Commission no. CEC 7/14118 of 27 October 2015, an adviser to Drochia Town Council has informed the Commission about the incompatibility advisers Andrian Rotaru, Gennady Gorbatiuc and Adrian Tartacovschi elected on the list of political party "Our Party". The notification is accompanied by documents showing that, since 24 August 2015 Mr Andrian Rotaru holds the position of manager of the Municipal Company "Apa-Canal" from the city. Drochia, Mr Gorbatiuc Gennady was appointed to September 7, 2015 manager of Municipal Enterprise "marketplace of Drochia" and Mr Tartacovschi Adrian, from Monday, September 14, 2015, shall act as manager of Municipal Enterprise "market industrial goods Drochia".
From the materials submitted by the Secretary city council subsequently found that Mr Tartacovschi Adrian on October 3, 2015 filed an application for the position incompatible with the counselor. The application was registered at City Hall Drochia no. 84 of 2 November 2015 resolution imposed on the mayor Drochia request is dated 3 November, and order no. 03-1 / 180 "on the resignation of Mr Adrian Tartacovschi" the mayor accepted his resignation from the post of Director of Municipal Enterprise "market industrial goods Drochia" is issued on 2 November 2015. The Commission considers that the facts reported by the author of the notification on Tartacovschi adviser Adrian, including the liquidation of incompatibility, requiring additional checks from Soroca territorial Office of the State Chancellery with the assistance of the city Council Secretary Drochia. For these reasons, the Commission suspends the examination of a request on the incompatibility of Mr Adrian Tartacovschi until the situation is clarified.
In respect of Mr. Andrian Rotaru and Mr Gennady Gorbatiuc, the documents presented is found that up to 11 November 2015 at which time adviser resigned, they were in a state of incompatibility under art. 7 paragraph. (1) d) 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 the position of chief, deputy head (including the interim these functions) subordinate structures of local public authorities (public institutions, services, municipal enterprises).
Considering that the latter two advisers, Mr. Andrian Rotaru and Mr Gennady Gorbatiuc not have complied with the provisions of art. 8 paragraph. (1) of this Law, according to which a local representative who is in one of the cases of incompatibility will resign as incompatible with the office held or will submit the mandate within 30 days of the occurrence of incompatibility They resigning until November 11 current, thus exceeding the 30 days established, the Commission shall raise their mandates in accordance with art. 8 paragraph. (21) of the same law, at the request of interested persons.
Based electoral documents that it holds the Central Election Commission mandates advisor in their respective Town Council Drochia Drab Boris and alternate candidates on the list Lopotenco Valerii political party "Our Party", confirmed by the Court's judgment of June 26, 2015 Drochia .
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) d) and art. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 and in accordance with pt. 21, 24 and 29 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 functions, mandates and Gorbatiuc Gennady Andrian Rotaru councilors elected on the list of political party "Our Party" in Drochia Town Council.
2. It assigns mandates adviser Town Council Drochia, Drochia Drab Boris and alternate candidates on the list Lopotenco Valerii political party "Our Party".
March. Drab advisers are preavizează Boris and Valerii Lopotenco 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