Advanced Search

Regarding The Opposition No. Cec-10/18 Of 14 October 2016 Filed By Mr. Vadim Filipov, The Votconsultativ Representative In The Central Election Commission Of The Candidate To The Position Of President Of The Republic Of Moldova, Mr. Igor Dodon

Original Language Title: cu privire la contestația nr.CEC-10/18 din 14 octombrie 2016 depusă de dl Vadim Filipov, reprezentantul cu drept de votconsultativ în Comisia Electorală Centrală al candidatului la funcția de Președinte al Republicii Moldova, dl Igor Dodon

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
regarding the opposition no. CEC-10/18 of 14 October 2016 filed by Mr. Vadim Filipov, a member of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Igor Dodon



Published: 30.12.2016 in Official Gazette No. 478-490 art Nr: 2275 date of entry into force: Mr. Vadim 18.10.2016 Filipov, a member of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Igor Dodon, to the Central Electoral Commission registered a complaint, the Commission under no. CEC-10/18 of 14 October 2016, by asking:-finding location in unauthorized places posters of electoral competitor, Mr. Marian Lupu;
-remittance of the Ministry of Internal Affairs of the opposition for examination materials related thereto in accordance with the legal provisions;
-ascertainment of infringements by the electoral contestants, Mr Marian Lupu, the provisions of the electoral code governing the use of funds during the electoral campaign and the application of the sanction is imposed in accordance with what the electoral code.
The motivation for appeal, the author noted that, on 13 October 2016 in mun. Personally, he found the location of the competitor electoral posters voter, Mr. Marian Lupu on the fence str. Cuza-Voda, a forbidden place in accordance with section 14 of the regulation on the method of placing of advertising and promoting electoral politics on billboards, approved by the decision of the Central Election Commission no. 3328 of 28 April 2015.
The opposing party may show that this display polling was printed on September 28, 2016, i.e. before the beginning of the election process laid down in article 105, paragraph 4. (1) of the electoral code, which, in the opinion of the opposing party, demonstrates that the election concerned of the provisions of the electoral code in that electoral campaigning intended display was acquitted before the election campaign.
Also opposing brings as an argument and that know how to display "2016 Election" and as "electoral Fund paid according to invoice No. _ _ from _ _ _ _ _ _ _ _ _ _ _ _ 2016".
Through the reference filed by Mr. Vadim Moțarschi, the 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, registered in the Commission under no. CEC-10/18R on 15 October 2016, prompt rejection of the opposition.
The representative noted that the obligation to know how inclusion "2016 Election" and as "electoral Fund paid according to invoice No. _ _ from _ _ _ _ _ _ _ _ _ _ _ _" to the 2016 election advertising aired by broadcasters, being laid down in point 29 of the regulation relating to the electoral campaign in the presidential election of October 30, 2016 in mass-media of the Republic of Moldova, approved by the decision of the Central Election Commission no. 181 of 6 September 2016.
Mr. v. Moțarschi reveals that the required elements that must contain electoral display are laid down in article 3 paragraph 2. (6) of the electoral code, according to which every advertising material must include the entrant's name, date of printing, circulation of the material and the name of the printer that it has printed.
The author notes that reference making revenue and expenditure from the Fund before the electoral campaign is not prohibited, or materials in question have been ordered before the election campaign, but have been used after its start, and the opposing party has not presented evidence to the contrary.
Considering that the examination provided for in article photographic plastic counterpart 50 of the code of law is a matter for the police, an opposition in this part are to be transmitted for consideration to the General Inspectorate of police.
Otherwise, analyzing the arguments of the parties, the Commission comes to the conclusion that this complaint is unfounded for the following reasons.
The evidence presented by Mr. v. netemeiniciei Moțarschi in support of the opposition correspond to legal provisions and combat all claims put forward, namely: 1. Entitled "2016 Election" and specify "electoral Fund paid according to invoice No. _ _ from _ _ _ _ _ _ _ _ _ _ _ _" I am the only 2016 applicable election advertising disseminated by broadcasters, that requirement being referred to in point 29 of the regulation relating to the electoral campaign in the presidential election of October 30, 2016 in mass-media in Moldova approved by the decision of the Central Election Commission no. 181 of 6 September 2016.
Requirements in relation to the contents of the display are printed electoral set under article 6. 641 para. (6) of the electoral code, according to which every advertising material must include the entrant's name, date of printing, circulation of the material and the name of the printer that it has printed.
Thus, it is established absence of infringement in this regard. 2. Regulatory provisions do not prohibit the possibility of ordering material before the election campaigning, being prohibited the spread thereof for the purpose of conducting the campaign. While opposing did not present evidence that would demonstrate that the election in question display was spread before the election or was ordered from other means than those of election fund, the task of sampling, in accordance with article 65 paragraph 1. (5) the electoral code, being placed on account of the opposing party.
Considering that all claims relating to the competence of the Central Electoral Commission are meaningless, and to submit it to the Ministry of Internal Affairs challenged materials cannot be part of a dispute, it will be rejected in its entirety.
In the context of the considerations above, pursuant to article 4. 18, article 65 paragraph 1. (1) and (5) of the electoral code, and in accordance with the regulation on the procedure of examination and review procedures of electoral bodies during the electoral period, approved by the decision of CHEQUE No. 3353 of 20 July 2010, Central Electoral Commission decides:

1. dismisses as unfounded opposition no. CEC-10/18 of 14 October 2016 filed by Mr. Vadim Filipov, a member of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Igor Dodon, in what is to be found the fact of infringement by the electoral contestants, Mr Marian Lupu, the provisions of the electoral code governing the use of funds during the electoral campaign and to apply the penalty image it is necessary according to the electoral code.
2. Shall be submitted to the General Inspectorate of the Police appeal for examination materials within the limits of functional competence for ascertainment in unauthorized places posters of electoral competitor, Mr. Marian Lupu.
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