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With Regard To The Application Of Mr. Vasile Tarlev As Candidate For The Position Of President Of The Republic Of Moldova, The Citizens ' Assembly, Confirming The Representative Of Advisory Vote In Election Commission C

Original Language Title: cu privire la cererea de înregistrare a dlui Vasile Tarlev în calitate de candidat la funcţia de Președinte al Republicii Moldova, desemnat de către adunarea cetățenilor, de confirmare a reprezentantului cu drept de vot consultativ în Comisia Electorală C

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   On September 29, 2016, Mr Vasile Tarlev, candidate for President of the Republic of Moldova, approved the initiative group created by a group of citizens, to the Central Electoral Commission registration approach as a candidate in the presidential election of October 30, 2016, with the following documents: a) numbered lists and subscription by systematized;
   b) Biographical data of the candidate;
   c the candidate statement) consent to stand for elections of the President of the Republic of Moldova, which contains and the statutory declaration about the absence of legal prohibitions to run Court/;
   the candidate statement d) real estate and bank deposits, securities, amounts received as inheritance and income from last 2 years preceding the year in which the election is carried out, as well as sources of income, including income from investment funds, in the form of interest payments, from the rental of property, etc.;
   e health certificate) of the candidate for the post of President of the Republic of Moldova issued by a medical institution at which it is highlighted;
   f) copy of the identity card of the applicant, with accompanying card;
   g) approach on the appointment of the representative of the advisory vote of the candidate in the Central Electoral Commission and the person responsible for the finances of the candidate (Treasurer).
   The Commission notes that the statement about the suspension, during the election campaign, the functions held for persons falling within the scope of art. 13(2). (3) of the electoral code does not have to be filed, as President of the National Congress of Industrialists and Entrepreneurs from Moldova, owned at the time by Mr Vasile Tarlev, not under these legal provisions.
  As a representative of the advisory vote of the candidate in the Central Electoral Commission was appointed Mr. Sergei Mișin, for which he was presented the Act what evidencing higher education. As the person responsible for the finances of the candidate (Treasurer) was appointed Mr. Vainio C.m.
   Under the rules of teaching documents and receipt of subscription by presented by Mr Vasile Tarlev, the Central Electoral Commission has received lists of 576 for verification with signatures of 15107 subscription by supporters, outnumbered declared candidate of 26 territorial-administrative units of the second level, in support of Mr. Vasile Tarlev as candidate to the Presidency of the Republic of Moldova. Also, note that the Commission, at the request of the candidate appointed 84 lists returned have not been checked, 16 did not list returned completed, and 324 lists were not returned to the Commission.
   At the same time, in terms of quantitative verification of subscription by and compliance dates when registration submitted by the initiative group, the Central Electoral Commission reveals the existence of a difference between the total number of signatures declared by members of the initiative group-15107 and number of signatures recorded numerically in the vetting process of the subscription by the lists-15393 signatures.
   At the same time, it has been established that of the 26 governorates of the second level, the territory of which the signatures were collected in support of the candidate to the position of President of the Republic of Moldova, only lists collected from 11 units (Chișinău, Basarabeasca, Căușeni, Edineț, Drochia, Ialoveni, Leova, singerei, Stefan-Voda, Ungheni, Telenești) meet the conditions of validity regarding the minimum number of signatures required upon the candidate to the President of the Republic of Moldova , being presented lists of subscription by containing over 600 signatures each.
   Inter alia, at the time of receipt of petitions and according to the Act of receiving of 29 September 2016 election documents for registration of Mr. Vasile Tarlev as candidate for President of the Republic of Moldova, the Working Group found that of the total collected lists of the 26 governorates of second level, only in the case of 17 units have been observed of the formal criteria laid down in article 102, paragraph 1. (2) of the electoral code, which was confirmed by the signatures and the candidate appointed Mr. Vasile Tarlev and Mr. Shane Evghenie, head of the initiative group.
   As a result, the Central Electoral Commission ascertains that lists subscription by of the initiative in support of Mr. Vasile Tarlev to the President of the Republic of Moldova does not contain the minimum number of 600 signatures required for each of the 18 administrative-territorial units of the second level, i.e. does not meet the requirements of validity under the conditions of art. 102 paragraph 1. (1) and (2) of the election code, section 50 of the regulation relating to the particularities of designation and registration of candidates in the elections for the President of the Republic of Moldova, approved by the decision of the Central Election Commission no. 113 of 18 august 2016 and item 31 lit. b) of the regulation concerning the drawing up, authentication, verification and presentation of petitions, approved by the decision of the Central Election Commission no. 2682 1 October 2014.
   Pursuant to article 1. 102 paragraph 1. (4) of the electoral code, the Working Group decided to suspended the process of verifying the lists of subscription by, on the grounds that the minimum requirements laid down by the law have not been met.
   In these circumstances, the Commission comes to the conclusion to reject the application for registration of Mr. Vasile Tarlev as candidate for the position of President of the Republic of Moldova, approved the initiative group created by a group of citizens, confirming the representative of advisory vote in the Central Election Commission and the person responsible for finance (Treasurer).
   In this context, the Central Electoral Commission adhere to statuările Constitutional Court stated in its decision No. 63 of 26 September 2016 inadmissibility of referral No. 11a/2016 regarding the constitutionality of certain provisions of articles 42 para. (6) paragraphs 1 to 4, 102. (1) and (2) and 156 paragraph 1. (3) of the electoral code (procedure of collection of signatures by the candidates in the presidential election), namely that the rules in question are not likely to affect the right to stand as a candidate.
   Given the fact that they were not complied with legal provisions pertaining to the validity conditions regarding the minimum number of signatures required upon the candidate to the President of the Republic of Moldova, in accordance with article 10. 18, 38, 26, para. (2) (a). of the 41, 44), 100, 101 and 102 of the election code no. 1381-XIII of 21 November 1997 and in accordance with the provisions of the regulation relating to the particularities of designation and registration of candidates in the elections for the President of the Republic of Moldova, approved by the decision of the Central Election Commission no. 113 of 18 august 2016, regulation concerning the drawing up, authentication, verification and presentation of petitions, approved by the decision of the Central Election Commission no. 2682 1 October 2014 and the regulation on the financing of the initiative groups and approved by the CEC decision nr. 114 from august 18, 2016, the Central Electoral Commission h a t â r and t e: 1. refuse the application for registration of Mr. Vasile Tarlev as candidate for the position of President of the Republic of Moldova, approved the initiative group created by a group of citizens, confirming the representative of advisory vote in the Central Election Commission and the person responsible for finance (Treasurer) for the presidential election of October 30, 2016.
   2. 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.