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With Respect To The Referral On The State Of Incompatibility Of A Board Adviser Merenii Noi Village, Anenii Noi District

Original Language Title: cu privire la sesizarea asupra stării de incompatibilitate a unui  consilier din Consiliul sătesc Merenii Noi, raionul Anenii Noi

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    National Commission of the Republic of Moldova's integrity on 13 April 2016 has submitted to the Central Election Commission to refer to Mrs. Bain Viorica, village Council Merenii Noi, Anenii Noi, on the State of incompatibility of a councilor of the same Council, Mr. Dammy, chose the list of Liberal Democratic Party of Moldova. The complaint alleged, without being submitted to the supporting acts, that Mr. Dammy Vasile holds the position of Manager of Jv "communal Merenii Noi", contrary to 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 examining the referral, the Commission sought the Mayoralty of the village Merenii Noi, through letter No. CEC 8/5464 dated April 18, 2016, money order papers for the initiation of proceedings for the removal of his Adviser. In the reply given by letter No. 94 of 21 April 2016 Merenii Noi village Mayoralty of Dammy confirmed that Mr. Vaid holds office as the interim administrator of the Jv "communal Merenii Noi", being appointed to that position by decision No. 03/01 of 31 July 2013 Council Merenii Noi village, Anenii Noi district.
Thus, the State of incompatibility laid down in article 21. 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 Mr. Dammy Vasile 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 paragraphs 2 and 3. (31) article 1. 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 section 17, 21, 24, 29 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. Amounts in connection with incompatibility, Dammy Adviser's mandate party Vasile elected Liberal Democratic Party of Moldova.
2. the term of Office shall be declared vacant a Council Merenii Noi village, Anenii Noi district.
3. The Secretary of the village Council, Merenii Noi within 10 days, will forward the necessary documents to the Central Election Commission award the mandate of Councilor candidate alternate.
4. 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