with regard to the examination of the appeal of Mr. Vadim MOȚARSCHI, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Marian LUPU, submitted to the CEC



Published: 04.11.2016 in Official Gazette No. 379-386 art Nr: October 11, 1867, the electronic media watchdog CCA of an upstart opposition on the part of Mr. Vadim MOȚARSCHI, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Marian LUPU. An opposition has been issued by the Central Election Commission, by Decision No. 368 of 7 October 2016.
In opposition, Mr Vadim MOȚARSCHI noted that "the electoral contestants Andrei NASTASE met in full electoral campaign with Lech WALESA, President of Poland, it was promoted on several news portals (www.jurnal.md and URwww.news.portal-start.com). Mr. Lama's representative at the CEC more mentions "that these actions of the competitor election aiming to promote the campaign and to come into conflict with the provisions of art. 47 (61) of the electoral code. "
Thus, opposing calls for: "to find that the election of Andrei NASTASE. 47 (61) of the electoral code and to apply the penalty shall be imposed in accordance with the electoral code. "
Analyzing the opposition, the audiovisual Coordinating Council shall inform:-art. 65 paragraph 1. (3) of the electoral code stipulates: "the complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova shall be examined by the audiovisual Coordinating Council in accordance with the provisions of the broadcasting code of the Republic of Moldova"; item 64 of the regulation on the coverage of the electoral campaign in the presidential election of October 30, 2016 in mass-media of the Republic of Moldova stipulates: "Complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova are examined by the Bcc in accordance with electoral law and audiovisual, and those concerning the print media publications on the internet times will be examined by the courts of law". Concerned about complaints concerning only examine derogations from the legislation of broadcasters under the jurisdiction of the Republic of Moldova. News portals www.jurnal.md and URwww.news.portal-start.com are not broadcasters;
-under article. 38 from the Moldovan broadcasting Code, the audiovisual Coordinating Council applied sanctions for violation of legal norms only by broadcasters, section 65 of the regulation on the coverage of the electoral campaign in the presidential election of October 30, 2016 in mass-media of the Republic of Moldova shall act: "failure to comply with this Regulation shall entail the application of the sanctions provided for by the legislation in force. In the case of broadcasters and distributors, the CCA will apply the sanctions provided for in the code, including failure to comply with the editorial policy statements for the electoral campaign. " The dispute is requested: "find that the election of Andrei NASTASE. 47 (61) of the electoral code and to apply the penalty shall be imposed in accordance with the election code ", i.e., the CCA may penalize for exemptions from legislation not only broadcasters and on the electoral competitors.
Moreover, paragraph 64 of the regulation on the coverage of the electoral campaign in the presidential election of October 30, 2016 in mass-media of the Republic of Moldova stipulates: "Complaints concerning election campaign coverage by the ... publications on the internet will be examined by the courts of law".
As a result of public opposition to Mr examination Vadim MOȚARSCHI, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Marian LUPU, submitted to the CEC by virtue of the broadcasting code, the status of the CCA, the electoral code, the rules concerning the electoral campaign in the presidential election of October 30, 2016 in mass-media of the Republic of Moldova and the law on administrative courts , CCA

DECIDES: 1. opposition to return Mr. Vadim MOȚARSCHI, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Marian LUPU, submitted by the CEC (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. control of the execution of this decision, it shall exercise Direction and legal regulations.
3. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

CCA BOARD CHAIRMAN Dinu CIOCAN