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With Regard To The Award Of The Order Of The Village Council Cakir, Cimișlia

Original Language Title: cu privire la atribuirea unui mandat de consilier în Consiliul sătesc Cenac, raionul Cimișlia

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    The Central Election Commission have come to demand the resignation of Mihail Popescu Adviser elected democratic party list in the village Council Cakir, Cimișlia and required documentation for councilor's mandate is issued, the next alternate candidate.
The set of documents presented also include the decision No. 05/01 of 10 November 2016 Village Council Cakir. The examination of the documents submitted, it was found that the decision in question was adopted with overrun because materials competence, contrary to the provisions of art. 5 para. (3) of law No. 768-XIV of 2 February 2000 on the status of local public servant's term of Office, the Council raised in the hearing upon request Mihail Popescu of resignation filed by him, but jurisdiction in this respect is the responsibility of the Central Electoral Commission. In order to comply with the legal framework in force and taking into account the decision of the local Council, as act issued outside the competence, is struck by a declaration of invalidity, the Commission recommended to the Council the village Cakir and repeal decision No. 05/01 of 10 November 2016.
At the same time, the examination of the documents, it was found that the resignation of Mr. Mihail Popescu was submitted to Council on November 9, 2016, but the Commission came on 3 January 2017, which denotes the failure by the Secretary of the local Council of the time limit set in point 23 of the Regulation in respect of the seizure and the validation of mandates of Councillor approved by the decision of the Central Election Commission no. 1931 of 23 April 2013.
On the basis of electoral documents held by the Central Electoral Commission, the mandate of the village Council the responsibility of candidate Cahill Deputy Vladimir list Kite Democratic Party of Moldova, confirmed by the decision of the Russian Court of 25 June 2015.
Pursuant to article 1. 18 paragraph 1. (2), art. 22 paragraph 1. (1) (a). u), art. 133 paragraph 2. (12) of the electoral code no. 1381-XIII of November 21, 1997, art. 5 para. (2) (a). f) and paragraph 3. (3) of law No. 768-XIV of 2 February 2000 on the status of local elected officers, and in accordance with paragraphs 23 and item 29 of the Regulation in respect of the seizure and the validation of mandates of Councillor, approved by the decision of the Central Election Commission no. 1931 of 23 April 2013, the Central Electoral Commission h a t â â t e r, and others: 1. Amounts in connection with the resignation, the term of Office of the Adviser on Mihail Popescu elected democratic party list in the village Council Cakir.
2. the mandate assigned to it by the Council of village, Cimișlia district, Cahill candidate alternate list Kite Vladimir Democratic Party of Moldova.
3. preavizează Kite Adviser Vladimir on the obligation to comply with the time limit of 30 days to remove the incompatibility condition in the event of its occurrence.
4. It is recommended that the village Council Cakir, Cimișlia, and repeal decision No. 05/01 of 10 November 2016.
5. reminds the Council Secretary Cakir, Cimișlia village on the need to respect the time limit set in point 23 of the Regulation in respect of the seizure and the validation of mandates of Councillor, approved by the decision of the Central Election Commission no. 1931 of 23 April 2013.
6. 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 Alina RUSSU


Patricia Valdez-Secretary