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Regarding The Opposition No. Cec-10/4 Of 4 October 2016 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

Original Language Title: cu privire la contestația nr.CEC-10/4 din 4 octombrie 2016 depusă de dl Vadim Moțarschi, reprezentantul cu drept de vot consultativ în Comisia Electorală Centrală al candidatului la funcția de Președinte al Republicii Moldova, dl Marian Lupu

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   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 to the Central Electoral Commission registered a complaint, the Commission under no. CEC-10/4 of 4 October 2016, requesting to be noted that the election of Andrei Nastase. 47 para. (21) and (61) of the electoral code and to be applied to the penalty shall be imposed in accordance with the electoral code.
   The motivation for appeal, the author noted that several news portals have reflected the electoral competitor Andrei Nastase meeting with Lech Walesa, President of Poland. According to the opposing party, this comes in contradiction with the provisions of art. 47 para. (21) and (61) of the electoral code, according to which "may not be used for election advertising images that represent State institutions or public authorities, both within the country and abroad, or international organizations. It prohibits combining colors and/or sounds that invokes the national symbols of the Republic of Moldova or of another State, the use of the materials appearing on historical personalities of the Republic of Moldova or abroad, the symbolism of States or international organizations or image of some foreign officials ", and is also forbidden contestants to participate in whatever form people who are not citizens of the Republic of Moldova in electioneering.
   Analyzing the arguments put forward, the Commission considers an opposition question as one of the following grounds ill-founded.
   Citizens of the Republic of Moldova, as well as candidates to elective functions are free to carry out meetings with citizens of other countries, and mass-media institutions to reflect the events in question while respecting the principles set out in article 64 of the election code, in particular-"mass media will never privileged treatments compared to adopt contestants due to social status and/or functions they hold their candidates".
   So, the opposing party shall be forwarded, although coverage of the event in question the media institutions, did not present evidence that would prove the use of the electoral contestants Andrei Nastase image with Lech Walesa, President of Poland, in his agitation materials. Therefore, the absence of causal link between the actions of the competitor concerned and the media coverage of the event in terms of art. 47, para. (61) in the electoral code invoked by contestatar.
   Considering that, in accordance with article 5. 641 para. (8) and art. 65 paragraph 1. (3) of the electoral code, the election advertising in the internet is treated as an election advertisement in print and mass media by is contesting in court, and appeals regarding the election campaign coverage by the broadcasters under the jurisdiction of the Republic of Moldova shall be examined by the audiovisual Coordinating Council, the Commission explains the opposing party the right to refer the matter to the Court , otherwise he will be submitted for review after media watchdog CCA competence.
   In the context of the above considerations and in accordance with article 9(1). 18, art. 65 paragraph 1. (2) 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 Cec h o t t r â â, etc is: 1. opposition shall be rejected as unfounded nr. CEC-10/4 of 4 October 2016 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.
   2. submit for examination after media watchdog CCA competence in the event of coverage by the broadcasters, opposition no. CEC-10/4 of 4 October 2016 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.
   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.