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-10/2 of the 4 October 2016, requesting to be noted that the election of Dumitru Lupu art. 46 para. (1) and art. 47 para. (1) and (2) 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 the electoral meeting organised by the electoral contestants in Chisinau municipality, Marian Lupu. Bălţi was a demonstration of political party members and simpatizanților "our party", from which the present electoral contestants Das consistently Lupu, this provocative and offensive.
   Through the reference filed by Mr. Mikhail Bușuleac, 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. Dumitru Lupu, registered in the Commission under no. CEC-10/2 of 5 October 2016, prompt rejection of the opposition. The rationale for its position, the author of the reference invokes the lack of evidence that would prove the connection between counter-protesters and Dumitru Lupu, i.e., it is not known if they belong to the ranks of the members of the political party "our party" or initiative group in support of the candidate concerned. Also, make the argument that people who were chanted against candidate Marian Lupu made a commotion, but not in favor of Mr. Dumitru Lupu.
   Analyzing the arguments put forward, the Commission appreciates the opposition as unfounded for the following considerations one.
   In accordance with article 65 paragraph 1. (5) the electoral code "will Appeal contains the description of the facts put forward as a suspected violation, the evidence, the legal basis, the requirements of the opposing party, the signature and the data from the identity of the person lodging the complaint. In disputes concerning decisions of electoral bodies, the burden lies with those bodies of sampling the legality ". Thus, in the event of disputes, electoral competitor actions task of sampling it is for the opposing party. Therefore, the presented materials missing evidence would prove that the persons participating in the counter-demonstration would be members of the political party "our party" or initiative group in support of the candidate Lupu Dumitru. Furthermore, the claims about the opposing party that the counter-demonstration was attended by people of Mr. Dumitru Lupu, have no legal support, since the event that opposing referred to took place on 3 October 2016, and trusted persons were registered in October 4, 2016 decision nr. 337 of the Central Electoral Commission.
   The opposing party claims regarding the membership of the Commission and their political sympathies them critically and reject them as purely declarative.
   In addition, of the opposition reveals that the author of the appeal itself has asked police to investigate the case and, without having received any pertinent findings of the competent bodies, has filed a notice of opposition which has no conclusive evidence.
   In the context of the considerations above, pursuant to article 4. 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-10/2 of the 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. 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.