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, has filed a complaint to the Commission, registered under nr. CEC-10/7 of 6 October 2016, asking for a finding of infringement by the electoral contestants, Mrs Maia Sandu, the provisions of article 7. 47 para. (61) in the electoral code and the application of the sanction is imposed in accordance with what the electoral code.
   In motivating the opposition indicates that Ms. Maia Sandu, candidate for the position of President of the Republic of Moldova took place in the town of Hîncești on 5 October 2016 an electoral agitation against the backdrop of a bust of Mihai Eminescu. As evidence of the opposing party attached pictures (screenshots) and a video on web pages: htttps://unpaspentru.md and www.privesc.eu. 
   The opposition believes that Mrs. author Maia S through its actions has violated the provisions of art. 47 para. (61) in the electoral code, according to which it is prohibited for the purpose of election advertising materials in which historical figures of the Republic of Moldova.
   Mr. S. Lara, a member of an advisory vote of the electoral contestant Maia Sandu, has submitted to the Commission a reference, registered under nr. CEC-10/7R 7 October 2016, requesting the rejection of the opposition. The rationale is that the position of 5 October 1998 event cannot be classified in the category of "election advertising" as defined by the electoral code, being in fact a meeting with townspeople Ssr where it was presented to the social contract with citizens, for which has been filed and a notification to the city Hîncești. At the same time, it noted that there is no advertising material attached to the notice of opposition that would have any direct or indirect link with the candidate should Maia Sandu appear bust of Mihai Eminescu in Hîncești. Attached pictures as evidence constitutes a screenshot made by the author of the review taken from privesc.eu website, which filmed the event in question and did not have any connection with the election or Party political "party of action and Solidarity".
   Following the examination of the opposition, the evidence annexed to it, as well as the reference position of the parties, the hearing the Commission finds the following.
   According to the opposition it advertises the fact of carrying out the electoral agitației election Maia Sandu, as well as use for purposes of election advertising the historical personality-Mihai Eminescu.
   With reference to the conduct of the election, we must note that agitației according to the provisions of article 47 of the election code, the candidates in the election have the right to make free and discussions in all aspects of election programmes, professional and political qualities, as well as making electoral turmoil in meetings with voters through mass media and such, analyzing in terms of article 47 of the election code content appeal , photos (screenshots) and the spot video presented as evidence, the Commission finds that the actions of the election at a meeting of Maia Sandu organised on 5 October 2016 do not qualify under prohibițiile where the article regarding the conduct of agitației.
   As regards the requirement to observe the election article Maia Sandu 47 para. (61) in the electoral code, the Commission cautions that in accordance with the provisions of this article, use of the materials for the purposes of election advertising, showing historical figures of the Republic of Moldova. As defined by the regulation on the method of placing of advertising and promoting electoral politics on billboards, approved by resolution No. 3328 of 28 April 2015, the time limit for election advertising means "preparatory action and spreading by placing the information in the form of election posters during the electoral period". In this context, we draw attention to the concept of election posters that represent those appeals, statements, photographs, printed or in electronic format, used by the electoral contestants containing messages that urges voters expressly to vote for a candidate times another.
   Thus, taking into consideration the legal provisions laid down, the Commission concludes that the evidence presented at the appeal does not show the existence and distribution of advertising material of electoral contestant Maia Sandu, which would confirm the alleged violations, or photograph (screenshot) taken from the website www.privesc.eu where a person appears in the background of the Panel's political party "Party action and Solidarity" and advising the bust of Mihai Eminescu, and the photo on the website of the political party "party of action and Solidarity" which featured contestant Maia Sandu together with his supporters cannot be considered as advertising material for the purposes of the provisions relied upon.
   In the context of the considerations above, pursuant to article 4. 18 paragraph 1. (2), art. 47, art. 65-67 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. opposition shall be rejected as unfounded nr. CEC-10/7 of 6 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.




   CENTRAL ELECTION COMMISSION CHAIRMAN