By application registered at the Central Election Commission no. CEC 7/13564 of 18 August 2015, the secretary of the municipal council Brătuleni Nisporeni informed the Commission of incompatibility adviser Aliona selected list Magnifier Democratic Party. The notification is accompanied by documents showing that, since December 13, 2011, Ms. Aliona Lupa holds the position of director of the Cultural House in the village Brătuleni.
Examined the documents submitted reveals the incompatibility provided for in 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).
Thus, in accordance with art. 8 paragraph. (1) of this Law, a local representative who is in one of the cases of incompatibility will resign as incompatible with the office held or will file its mandate within 30 days of the occurrence of incompatibility.
Given that Ms. Aliona Lupei not resigned from one of the incompatible functions within the deadline, the Central Election Commission decides lifting mandate under Article adviser. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected at the request of interested persons.
Based electoral documents that it holds the Central Election Commission, the mandate of municipal councils Brătuleni rests alternate candidate on the list Andrusceac Nicholas Democratic Party, confirmed by the Court's judgment of 24 June 2015 Nisporeni
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 decides:
1. Amounts in connection with the incompatibility of functions, the mandate of Aliona selected list Magnifier Democratic Party in the Communal Council Brătuleni.
2. Is assigned mandate communal councils Brătuleni Nisporeni Andrusceac Nicholas alternate candidate on the Democratic Party ticket.
March. It preavizează councilor Nicholas Andrusceac 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