Advanced Search

Regarding The Opposition No. Cec-10/27 Of 19 October 2016 Filed By The Candidate To The Presidency Of The Republic Of Moldova, Ms. Silvia R

Original Language Title: cu privire la contestaţia nr. CEC-10/27 din 19 octombrie 2016 depusă de candidatul la funcția de Președinte al Republicii Moldova, dna Silvia Radu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
regarding the opposition no. CEC-10/27 of 19 October 2016 filed by the candidate to the Presidency of the Republic of Moldova, Ms. Silvia R



Published: 30.12.2016 in Official Gazette No. 478-490 art no: 2286 date of entry into force: 20.10.2016 Mrs. Silvia Radu, candidate for the position of President of the Republic of Moldova, to the Central Electoral Commission registered opposition to the Commission, no. CEC-10/27 of 19 October 2016, requiring the adoption of a decision finding an infringement by the electoral contestants, Inna Popenco, electoral legislation, and the decision to be transmitted to the Court of appeal decision for Chisinau annulment of registration of that competitor.
The motivation for appeal, on October 18, 2016, in Chișinău, Moldova, sector representatives and those of the electoral competitor, Inna Popenco, organized an event in which voters were distributed free of charge, according to a database, a discount card for social market which will be opened soon. The event was also attended by Ms. Popenco and Inna who also distributed discount cards for the same magazine.
The author of the appeal, the outside and inside of the room where the action took place was located banners with photography and electoral competitor symbol, Inna Popenco, and its representative on the spot confirmed the Organization of action by Ms. Inna Popenco, justificîndu that the event does not have an election but also social connotation, which, in the opinion of the opposing party, is contrary to the de facto circumstances. As confirmation, that the event was surprised by multiple video cameras and witnesses.
It also claims that, in connection with this action the competitor concerned, have been seized on the law enforcement agencies that have found violations of and they were going to inform the Central Election Commission about this.
The author considers that the actions of the opposition in the electoral competitor Inna Popenco fascism items of direct and indirect bribery of voters, including undeclared sources.
In support of those mentioned, invokes article opposing 38 para. (3), (4) and (5) and of article 23. 382 para. (1) of the electoral code.
In addition, the report shows that in opposing the electoral competitor, Inna Popenco, lodged with the Central Electoral Commission, were not declared expenditure for such actions and for making electoral card discount.
Therefore, in the author's opinion of the opposition, can be found two serious breaches of the law by the electoral contestants, Inna Popenco, namely: corrupting the voters and non-financial assets.
At the request of the Central Electoral Commission, the Police Inspectorate of Moldova, Chișinău municipality, on the 20th October 2016, the materials relating to the meeting with voters in 18 October organised by 2016 candidate to the Presidency of the Republic of Moldova, Ms. Inna Popenco.
Present during the meeting of the Commission, Ms. Silvia R claimed opposition and acceptance thereof.
During the meeting of the Central Election Commission, Mr. Victor Perțu, representative of the advisory vote in the Central Election Commission of Mrs. Inna Popenco, invited and announced on the morning of October 20, 2016, 8.00, about need for the filing of the appeal, no reference on the requested deferral of the examination, but presented arguments in verbally. Mr. Victor Perțu admitted in part those put forward in opposition, expressing and disagreement with those supported by the contestatar, saying that the actions of the competitor are welfare electoral and non-electoral.
Following the examination of the opposition, and material samples attached presented by the Police Inspectorate, mun. The Central Electoral Commission, finds that the evidence accumulated are conclusive. However, considering that, in accordance with article 114 of the Constitution, justice is administered by courts, and the central election authority does not have jurisdictional competence, not having to qualify in one way or another the evidence gathered during the investigation, the Commission considers it necessary to address the appellate court with the request to elucidate the case in all aspects. At the same time, given the fact that the documents presented denotes the use intended by the electoral contestants above the undeclared funds, the Commission comes to the conclusion that the existence of reasonable grounds to trigger the procedure of the Court of Appeal request examination of the application for cancellation of the registration of the CEC candidate to the Presidency of the Republic of Moldova, Inna Popenco, provided for in article 69 paragraph 3. (4) (a)) of the election code.
For the reasons set out above, pursuant to article 18, 26, 65-67 and 69, para. (4) (a). the electoral code) No. 1381-XIII of 21 November 1997 and in accordance with the regulation on the procedure of examination and review of electoral bodies during the electoral period, approved by the decision of CHEQUE No. 3353 of 20 July 2010, Central Electoral Commission decides: 1. It is recognized that the electoral competitor soliciting, Ms. Silvia R, as described in the notice of opposition no. CEC-10/27 of 19 October 2016.
2. asks the Court of Appeal annulled the decision of Chisinau examining Central Election Commission no. 303 from 26.09.2016 "on the registration of Mrs. Inna Popenco in the definition of candidate for the President of the Republic of Moldova, designated by the socio-political Movement" Ravnopravie "electoral symbol and representative of the advisory vote in the Central Election Commission and the person responsible for finance (Treasurer).
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