Advanced Search

With Respect To The Referral On The State Of Incompatibility Of A Councillor In The Council Of Leova

Original Language Title: cu privire la sesizarea asupra stării de incompatibilitate a unui consilier din Consiliul raional Leova

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
    Through referral, registered with the Central Electoral Commission. CEC 7/80 of 30 June 2016, Hîncești teritorial Office of the State Chancellery has informed the Commission about the State of incompatibility in which the Adviser chosen list Ivanov Raisa Democratic Party of Moldova in Leova District Council. The appeal shall be accompanied by a copy of the order of the head of the Directorate of Education of Leova local authority, according to which Ms. Ivanov Raasch was appointed director of the theoretical Lyceum "Lucian Blaga" din city Iargara, Leova, with commencement of depending on 5 February 2016.
When expanding the legal framework relevant to the situation described, the Commission will retain article 4. 21. (1) of the Education Code, according to which public institutions of education (early childhood education and preschool) and extra-school (local level) are established, reorganized and liquidated by the local public administration authorities of level one, and the public institutions of education primary, secondary, high school and extra-school (district level) are established, reorganized and liquidated by the authorities of the local public administration level and of the administrative territorial unit Gagauzia.
Thus, the function possessed Ms. Ivanov Raisa lies under the incompatibilities laid down in article 29. 7 para. (1) (a). d) 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 Chief, Deputy Chief (including interim these functions) in the underlying structures of local public authorities (public institutions, municipal services, enterprises).
In accordance with article 5. 8 para. (1) of the said law, the one that is located in one of the cases of incompatibility will resign as incompatible with its mandate or the lodge held its mandate within 30 days after the occurrence of the incompatibility.
Given that Ms. Ivanov Raisa has not resigned from one of the incompatible functions within that period, the Central Election Commission shall decide in accordance with the mandate of raising art Adviser. 8 para. (21) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, at the request of the person concerned.
Pursuant to article 1. 18 paragraph 1. (2) paragraphs 1 and 2, 22. (1) (a). u) of the electoral code no. 1381-XIII of November 21, 1997, art. 5 para. (2) (a). (c)), para. (3) and (31), art. 7 para. (1) (a). (d)) and art. 8 para. (21) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, and in accordance with paragraphs 21, 24 and 30 of regulation in respect of the seizure and the validation of mandates of Councillor, approved by the decision of the Central Election Commission no. 1931 of 23 April 2013, the Central Electoral Commission h a t â â t e r, and others: 1. the amounts in relation to the incompatibility of the function, mandate Adviser Ivanov elected Raisa Moldovan democratic party list in Leova District Council.
2. the term of Office shall be declared vacant by a counselor in San Jose District Council.
3. this decision resolves to Leova and Mrs. Ivanov Raisa.
4. The Secretary of Leova, within 10 days, will forward the necessary documents to the Central Election Commission award tenure next alternate candidate on the party list above.
5. 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 PRESIDENT Of The CENTRAL ELECTORAL COMMISSION Alina RUSSU