National Commission of the Republic of Moldova's integrity on the 11th of may 2016 has submitted to the Central Election Commission (CEC) to refer to a group of advisors from the communal Council Cocieri, Dubasari district, on the State of incompatibility of a councilor of the same Council, Mr. Ivanov Iurie, elected party of Communists of the Republic of Moldova. The complaint alleged that owners of 70% of shares of JSC "Miner" is the communal Council of Cocieri, and Mr. Ivanov Iurie occupies the position of Manager of that company, which in the opinion of the authors of the referral would trespass on art. 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 order to clarify the situation, the Commission has asked the Chisinau City Hall, by letter Cocieri commune nr. CEC 8/5523 dated May 13, 2016, to the effect that Mr. Ivanov Iurie is JSC "Administrator", Miner status this function and if the Parish Council owns Cocieri aliquot part of shares of JSC "Miner", with the presentation of documents certifying the degree of this. According to the reply given by the Town Hall of the commune Cocieri letter No. 187 of 24 may 2016, communal Council owns shares of Cocieri 64097 91980 total of shares forming the share capital of JSC "Miner", confirming that Mr. Ivanov Iurie is Manager of JSC "Miner", was chosen in that position, according to report No. 1 of 19 may 2012, by the general meeting of shareholders of JSC "Miner".
The analysis of the relevant legal framework, the Central Electoral Commission shall retain article 4. 24 para. (6) and article 3. 31 para. (3) of law No. 1134-XIII of 2 April 1997 relating to companies limited by shares, according to which "the public authorities shall be entitled to be shareholders of the company only in the cases provided for by law. These organs shall exercise their rights and have obligations of shareholders in accordance with this law, other legislative acts and with the articles of Association. As founders of companies, on behalf of the Republic of Moldova or of administrative-territorial units, public authorities appear determined by law ".
Under art. 50 para. (1) and (4) (a). precitată c) of the Act, the general meeting of shareholders is the supreme governing body of the society, which maintains jurisdiction including the approval of the executive body of the company and its executive body decisions concerning the choice and appointment of its ruler or termination before term of his powers, on the establishment of the amount of fee, remuneration and compensation, on the issue of his responsibility or liability.
Describing the situation and the requirements of the regulatory framework of public limited company concerned may retain the Central Electoral Commission article 17 of the Statute on joint-stock company "Miner", recorded on 21 June 2012 by S.e. "State Chamber of registration ', according to which the company's governing bodies are: the general meeting of shareholders, the Board of the company, the Executive Body (the administrator) and the auditing Commission (Auditor) article 36 of the Statute in question , which States that the executive body of the company is personally, being subordinated to the company, both the Council and the General Assembly of the society. According to report No. 1 of May 19, 2012 of the general meeting of shareholders of JSC "Miner", Mr. Ivanov Iurie was chosen as head of the Executive Body (administrator) of the company, for a period of 5 years.
When expanding the legal provisions under review, Central Electoral Commission concludes that the function of an administrator of a company limited by shares is not under the incompatibilities referred to in article 7 paragraphs 1 and 2. (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).
Thus, considering that the function that holds Mr. Ivanov Iurie not subject art. 7 para. (1) (a). d) of law No. 768-XIV of 2 February 2000 and in accordance with article 10. 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. dismisses the appeal of the Group of advisers on the incompatibility of Adviser Ivanov Iurie elected party of Communists of the Republic of Moldova in the communal Council of Cocieri, Dubasari district.
2. the present decision is submitted for information to the communal Council of Cocieri, Dubasari, integrity and National Commission of the Republic of Moldova.
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 PRESIDENT Of The CENTRAL ELECTORAL COMMISSION Alina RUSSU