on complaints regarding the incompatibility of
advisers in the Stone Mill Village Council,
Drochia


Posted: 06/10/2016
in the Official Gazette

Nr. 157-162
Article No: 1026
Effective Date: 05/31/2016

The complaints registered at the Central Electoral Commission no. 7/15515 CEC, CEC CEC 7/15530 7/15529 and 28, respectively, April 29, 2016, a group of advisers of the Village Council and village Mayor Stone Mill Stone Mill, Drochia, informed the Commission about the state Natalia Samardac incompatibility advisers and Capcelea Veaceslav elected Liberal Democratic Party ticket. The notification is accompanied by documents showing that, since 1 February 2011 Ms Samardac Natalia holds the position of librarian at the public library in the village of Mill Stone and Capcelea Veaceslav employed from 1 June 2011 function driver at the City Hall.
Examined the documents submitted, it appears that Ms. Natalia Samardac and Mr. Veaceslav Capcelea is in a state of incompatibility laid down in art. 7 paragraph. (1) c) 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 a public servant, employee subdivisions local authorities (of the district, town halls, city hall and prices Chisinau, divisions, departments and other divisions), including the People's Assembly and the Executive Committee of Gagauzia.
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 Natalia Samardac and Mr. Veaceslav Capcelea have 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 mandates counselor Stone Mill Village Council their respective alternate candidates Emciuc Ion and Ion Porcesu on the list of the Liberal Democratic Party, confirmed by the Court's judgment of 25 June Drochia 2015. the mandate award took into account the statement Gorina Larisa alternate candidate on the same party list, which it refuses to award the mandate adviser.
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) c) and art. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected and in accordance with pt. ​​21, 24, 25 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, mandates and Natalia Samardac councilors elected Veaceslav Capcelea Liberal Democratic Party ticket in the Stone Mill Village Council.
2. It assigns mandates counselor Stone Mill Village Council, Drochia alternate candidates Emciuc Ion and Ion Porcesu the Liberal Democratic Party ticket.
March. It preavizează advisers Emciuc Ion and Ion Porcesu 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


Iurie Ciocan

Secretary Andrei Volentir
N. 4769. Chisinau, May 31, 2016.