with respect to the appeal of the Mayor of the commune of Bubuieci concerning incompatibility of a communal Council Councillor Bubuieci, Chișinău
Published: 18.12.2015 in Official Gazette No. 340-346 art no: 2545 date of entry into force: 13.12.2015 Mayor of Bubuieci referred the matter to the Central Electoral Commission on the State of incompatibility of Adviser Igor Maiboroda elected Liberal party list in the Municipal Council of Bubuieci, telling that it holds the vicepretor function within the city of Kingston upon Hull sector of Chisinau, which contrary to art. 7 para. (1) (a). c) 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 public servant, an employee in the subdivisions of local public administration authorities (mayoralties from rayon, presidential, House and the prices of the Chisinau municipality, directions, sections and other divisions), including those of the people's Assembly of Gagauzia and the Executive Committee of Gagauzia.
In examining the referral, the Commission has asked the Chisinau City Hall, through letter No. CEC 8/and automotive requriments dated 22 September 2015, confirmative acts for initiating mandate withdrawal of counsel.
In the reply given by letter registered at the Commission. CEC 7/1 October 2015 13927, Chisinau Mayoralty has confirmed that Mr. Majid Igor holds public vicepretor function of the Chișinău municipality.
Applying the legal framework relevant to the situation under consideration, the Central Electoral Commission note that, according to law No. 263 of 16 November 2012 concerning the interpretation of article 7 (1) (c)) and (d)) of law No. 768-XIV of 2 February 2000 on local public servant status, the provisions of subparagraph (c)) shall apply to civil servants and employees in the subdivisions of the local Government of the same level and the same administrative-territorial unit.
Thus, considering that the function that holds Mr. Majid Igor not subject art. 7 para. (1) (a). c) of law No. 768-XIV of 2 February 2000, pursuant to article 4. 18 paragraph 1. (2) of the electoral code no. 1381-XIII of 21 November 1997, the Central Electoral Commission h a t â â t e r, and others: 1. the appeal is rejected, the Mayor of the commune Bubuieci concerning incompatibility of Adviser Igor Maiboroda elected Liberal party list in the Municipal Council of Bubuieci, Chișinău.
2. this decision resolves Bubuieci Chisinau City Hall of the commune.
3. 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 as Secretary Andrei Roberto