regarding the opposition no. CEC-10/26 of 18 October 2016 filed by Mr. Vadim Filipov, 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. Igor Dodon



Published: 03.02.2017 in Official Gazette No. 30-39 art no: 126 date of entry into force: Mr. Vadim 22.10.2016 Filipov, 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. Igor Dodon, filed a complaint with the Commission, registered no. CEC-10/26 of 18 October 2016, and on 20 October 2016 and a supplement, requesting to establish ilegalitățile and breaches committed by members of the initiative group of the candidate to the position of President of the Republic of Moldova, Mrs Maia Sandu, designated by the Action Party and solidarity, as well as ilegalitățile and violations committed by the electoral contestants in the election for the Presidency of the Republic of Moldova of 30 October 2016 Ms. Maia Sandu, in order to apply appropriate sanctions in accordance with the electoral code and laws in force.
The motivation for appeal, the author claims that the initiative group, according to the report on the flow of turnovers for the period 2016-02 September 24 September 2016, was the last of the special payments on account of it on 24 September 2016, of which 25000.00 to fuel on 23 September 2016, a fact confirmed by the head of the group, Mr. Igor Grosu at the public tender to the Central Electoral Commission on September 29, 2016, in examining the question regarding the registration of Mrs. Maia Sandu as candidate. Opposing concludes that the initiative group has admitted payments and receipts from the special account for two days in a row (23 and 24 September 2016), afterwards presentation of subscription by the Commission, which constitutes a violation of the provisions pertaining to the ceiling fixed for the financing of the initiative group.
With reference to the Action and solidarity Party, opposing show that he, at September 14, 2016, cashed in an individual a donation in the amount of MDL 94813.00, no amount of earnings from overseas and instead pay the State budget according to the law, he returned to a donor transfers being carried out on 15 September 2016.
Regarding the election, Mrs Maia Sandu, opposing that, according to the report of 14 October 2016 concerning revenue and expenditure from the campaign trail, it is found that it has met the Ungheni, Singerei and Coșcodeni on 13 October 2016, however, are not reflected in the expense report for transport, for which the opposing party presumed to used fuel purchased by the initiative group. It also claims that Ms. Maia Sandu has met voter along with the election, Mr. Andrei Nastase in Mîndrești from Telenești, actually nereflectat in the report or in the section "Rent" nor the "transportation services". Most noted that, according to the report, Mrs Maia Sandu would be declared only two banners, but it has at least 10 banners, actually nereflectat in the report.
In addition, opposing States that Ms. Maia Sandu, having the status of candidate for President of the Republic of Moldova, is financed by the Action and solidarity Party, assuming that the batsuit after the latter is financed from abroad.
Through the reference made by Mr. S. Lara, a member of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mrs Maia Sandu, registered at the Commission. CEC-10/26R of 21 October 2016, it calls the full rejection of appeal, invoking its tardivitatea the depositing of alleged violations of initiative group, making reference to art. 66 para. (1) of the electoral code, according to which complaints must be submitted within 3 calendar days from the date of săvîrșirii action/omission identification or passing judgement, calculîndu-period is starting the day following the day on which the action was săvîrșită, a vacuum has been identified or decision was adopted.
About nereflectării transportation costs in the financial report for the first 2 weeks of electoral competitor, Maia Sandu, the show argues that moving Mrs. Maia Sandu used fuel from the balance after expenses incurred by collectors. No proceedings may be commenced for the use of financial funds and the undeclared materials by electoral contestants, Mrs Maia Sandu, since fuel costs had been declared in the financial report of the initiative presented to the Central Election Commission on September 24, 2016.
In terms of non-financial report presented on 14 October 2016 expenses for rent of the Hall of Mîndrești village, Telenești, points out that Ms. Maia Sandu was invited to this event by Mr. Andrei Nastase, the event not being organised by electoral contestants, Mrs Maia Sandu. Moreover, this event took place on October 15, 2016, therefore was not reflected in the report once it encompass the situation until 14 October.
In the part concerning banners, show that the financial report is not indicated the number of banners, but its dimensions-2000x800 and 1600x800, their total price 5350 lei, and according to the tax invoice series FB9426875, were made 40 banners.
Examining an opposition and enclosed, as well as reference, the Central Electoral Commission reveals the following.
Under art. 65 paragraph 1. (5) of the electoral code, the opposition will contain a description of the facts put forward as a suspected violation, the evidence, the legal basis, the requirements of the opposing party, signature and identity data of the opposing party.

According to art. 66 para. (1) of the electoral code, and inacțiunile actions/decisions of electoral bodies, as well as electoral competitors shares/inacțiunile can be appealed to the electoral body within 3 calendar days from the date of săvîrșirii action/omission identification or null. The term deposit shall be calculated starting on the day following the day on which the action was săvîrșită, a vacuum has been identified or decision was adopted. Therefore, starting from the top-cited rule, challenging the actions of the initiative group in support of the candidate to the position of President of the Republic of Moldova, Mrs Maia Sandu, the ways of financing its activities were to be deposited within 3 calendar days from the date of the săvîrșirii of the action or of the date of adoption of the decision of the Central Election Commission no. 316 of 29 September 2016 "With respect to the application for registration of Mrs. Maia Sandu as candidate to the Presidency of the Republic of Moldova, appointed by the political party" Party and Solidarity, "electoral symbol and/or the representative of the advisory vote in the Central Election Commission and the person responsible for finance (Treasurer), i.e. at the latest on 3 October However, opposition no. CEC-10/26 was filed on October 18, 2016, for which we find tardivitatea being violated it, period.
With reference to the donation transferred on 14 September 2016 in favor of Action and solidarity Party, noted that Action and solidarity Party is not registered as a candidate, he does not have the status of subject of electoral law and therefore do not fall within the scope of the rules of the electoral code. At the same time, violations concerning financing and financial management of a political party shall be submitted to the Central Election Commission on the basis of a complaint in accordance with section 85 of regulation on the financing of the activity of political parties, approved by the decision of the Central Election Commission no. 4401 from 23 December 2015, within 30 calendar days from the time the violation became known.
In the part relating to the actions of the competitor, Mrs Maia Sandu, regarding the use of the electoral campaign of the fuel purchased by the initiative group, the Central Electoral Commission has decided on this subject in the framework of the examination of the opposition no. CEC-10/23 of 17 October 2016, submitted by Mr. Vadim Moțarschi, the voting representative of the candidate to the position of President of the Republic of Moldova.
Refritor at a meeting in Mîndrești village, Telenești district, according to the reference, it was held on 15 October 2016, Mrs Maia Sandu has participated in this event as a guest of Mr. Andrei Nastase, the event being organized by the last. It noted that the event took place on October 15, 2016, but the financial report of 14 October 2016 reflects the revenue and expenditure shown in the electoral campaign for the period 30 September-14 October 2016.
As regards the financial report, according to banners of the competitor of 14 October, the chapter of expenses 3.2.6. "Other race or mobile platforms" is shown the format of banner, not their quantity and total cost, and according to series FB9426875 tax invoice, annex to the reference, certifying that they were made 40 banners with dimensions shown above, the total cost of these being of 5350.00 lei.
In the context of those exposed, in accordance with article 10. 18, 22, 26, 65, 66 of the election code no. 1381-XIII of 21 November 1997, the regulation on the financing of the activity of political parties, approved by the decision of the Central Election Commission no. 4401 from 23 December 2015, Regulation on the financing of electoral campaigns, approved by the decision of the Central Election Commission no. 3352 of 4 may 2015 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 cease on the examination of the request for the discovery and punishment of infringements committed upon the initiative group of the candidate to the position of President of the Republic of Moldova, Mrs Maia Sandu, on grounds of termination thereof.
2. the examination of the opposition ceases on the request concerning the establishment and enforcement of violations committed upon the candidate as President of the Republic of Moldova, Mrs Maia Sandu, on the grounds that these Central Electoral Commission has decided in the framework of the examination of the opposition no. CEC-10/23.
3. Explain the opposing party that the complaints concerning the violation of the mode of financing and the management of political party finances are submitted in the order set out in item 85 of the Regulation on the financing of the work of political parties.
4. 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