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THE ELECTORAL CODE OF THE REPUBLIC OF MOLDOVA

of December 8, 2022 No. 325

The will of the people is government basis. This will finds expression in the free elections held periodically on the basis of general equal and direct suffrage in case of secret and free vote. The state guarantees freedom of declaration of will of citizens by protection of democratic principles and regulations of the voting right. This code establishes procedure for the organization and elections to Parliament, to position of the President of the Republic of Moldova, in bodies of local public authority and regional elections, and also procedure for the organization and holding referendum.

The parliament adopts this organic law.

Section I Basic provisions

Chapter I Basic concepts and principles

Article 1. Basic concepts

For the purposes of of this Code the following basic concepts are used:

election posters - photos and other materials used by competitors on elections, candidates, authorized representatives and/or participants of referendum for the purpose of election propaganda or initiative groups and nominated candidates for the purpose of dovyborny propaganda;

election propaganda - appeals, statements, and also actions for preparation and distribution of information with the purpose to incline voters to give the votes for this or that competitor on elections or for one of options of declaration of will on referendum;

dovyborny propaganda - the appeals, statements, actions connected with promotion of candidates on elections, preparation and petition in their support, and also actions for preparation and petition for initiation of referendum including held by the nominated candidate;

the voter - the citizen of the Republic of Moldova having the voting rights;

elections - unless otherwise specified, elections to parliament (further also - parliamentary elections), to position of the President of the Republic of Moldova (further also - presidential elections) and in bodies of local public authority (further also - local elections), and also referenda;

general election - any kind of the elections held, as a rule, within one day, Sunday according to the act of calling of an election in all territory of the country;

early elections - the elections organized in case of dissolution of Parliament or early termination of powers of the President of the Republic of Moldova;

cancelled elections - the elections recognized as those the resolution of Central Election Commission if the electoral body states that the turnout of voters on elections did not reach the limit set by this code;

new elections - other elections, except early and partial;

invalidated elections - the elections recognized as those the Constitutional court in case of parliamentary, presidential elections and republican referendum or Central Election Commission in case of local elections and local referendum if in the course of elections and/or counting of votes the violations of this Code which affected results of vote and distribution of mandates were allowed;

partial elections - the elections organized if as a result of general local election primara or the determined number of advisers in one or several constituencies were not chosen;

regional elections - the elections organized in the autonomous territorial entity Gagauzia to position of Head (Bashkan) of Gagauzia to People's Assembly of Gagauzia, and also referenda on questions which according to the Law on special legal status of Gagauzia (Gagauz Erie) No. 344/1994 are within the competence of Gagauzia;

the electoral bloc - the voluntary merging of two or more political parties created for the purpose of joint participation in elections and registered by Central Election Commission;

the election campaign - the period of the activities performed according to provisions of this Code with the purpose to incline voters to give the votes for this or that competitor on elections or one of answer options on the question submitted for referendum;

the candidate - person pushed on the replacement of elective public office from political parties or the electoral blocs registered in accordance with the established procedure;

the nominated candidate - person who proposes the candidate or the candidacy of which is proposed by political parties, the electoral blocs or initiative groups for registration as the competitor on elections or the candidate according to the list;

the independent candidate - person who proposed the candidate for the replacement of elective public office irrespective of political parties and the electoral blocs registered in accordance with the established procedure;

certification of preparation/specialization in the selective sphere - the procedure of certification of knowledge and competences of the selective sphere held by the Center of life-long education in the selective sphere according to the provision approved by Central Election Commission which passing is confirmed by the appropriate qualification certificate;

the constituency - administrative selective unit in which elections will be organized and held;

the national district - the constituency of national level in which parliamentary, presidential elections and republican referenda will be organized and held;

The ethical code - the agreement signed between competitors on elections/participants of referendum and representatives of mass media on the procedure for carrying out and covering of the election campaign excluding humiliation of advantage and causing damage of reputation of competitors on elections/participants of referendum;

the collector of signatures - the member of initiative group performing collecting signatures in support of the candidate proposed on elective office including in support of the candidate or for the purpose of initiation of referendum;

the elective job seeker - political party, the electoral bloc, the competitor on elections, the nominated candidate, initiative group, and also the participant of referendum who give financial (material) support of the election campaign and/or the activities performed by them or use that, and also perform only propaganda or pre-election activities which are not providing financial expenses;

competitors on elections:

a) the political party registered by Central Election Commission, the electoral bloc and person standing to position of the deputy of Parliament - in case of parliamentary elections;

b) its political party or the electoral bloc registered by Central Election Commission the candidate for President of the Republic of Moldova, and also pushed - in case of presidential elections;

c) the political party registered by the relevant county electoral councils, the electoral bloc and person standing to position of primar or the adviser of local council - in case of local elections;

d) Gagauzia registered by the Central electoral office political party, the electoral bloc and person standing to position of Head (Bashkan) of Gagauzia or the deputy of People's Assembly of Gagauzia - in case of regional elections;

Central Election Commission - the independent non-political body of the public power created for realization of the selective policy to which tasks providing the organization and elections, supervision and control of observance of provisions of the legislation on financing of political parties and the election campaigns belong;

the applicant of the claim - the subject making complaints according to this code;

the claim - the written application, including the provisional statement submitted by the applicant according to this code;

the statement for the location - action by means of which the citizens having the voting rights declare the place of the stay in the election day for the purpose of inclusion in the main electoral register on elections to parliament, to position of the President of the Republic of Moldova and on republican referendum;

release from execution of service duties in the place of permanent job - partial or complete reducing functions and obligations in the place of permanent job for the period of involvement of person serving the selective sphere to work in the electoral bodies with preserving the salary in the place of permanent job according to the labor law and this code;

promotion of candidates - the procedure of acceptance by political parties, the electoral blocs of decisions for candidates for elective offices performed at meetings of competent authorities of political parties and the electoral blocs according to their charters or constituent agreements and also according to the conditions established by this code;

the residence - the place of regular stay of physical person confirmed by the identity certificate;

the voting right - constitutional right of the citizen to choose, be elected and to express by means of vote the line item on the most important problems of the state and society in general and/or on the most important problems of local value;

the selective stock - cabins, ballot boxes, computers and other property which equips the room of the polling precinct;

education in the selective sphere - the non-political activities of educational nature performed by the organizations and groups of civil society, educational institutions, mass media and other interested persons, designed to increase understanding level citizens of political and electoral processes for conscious and free realization of voting power. Education in the selective sphere can freely be performed by the interested subjects in the form of seminars, training courses, round tables, information campaigns, public election debates and other educational actions which are not regulated by Central Election Commission or other bodies;

financing of the election campaigns - direct and/or indirect financing, and also material support in other form of competitors on elections/participants of referendum, including volunteer activities and services provided free of charge to competitors on elections/participants of referendum by physical persons and/or legal entities or depending on circumstances the state;

financing of initiative groups - direct and/or indirect financing, and also material support in other form of initiative groups, including volunteer detail and the services provided to free of charge initiative groups by physical persons and/or legal entities;

financing of political parties - direct and/or indirect financing, namely: provision, allocation or transfer to advantage of political parties of financial, material or other resources, including volunteer detail and services provided to free of charge political parties by physical persons and/or legal entities and also provision of financial resources in the form of assignments from the government budget;

elective public office - the responsible state position or local elective office replaced owing to the mandate received directly in election result according to this code. The general regime of responsible state position or local elective office, legal status of persons replacing these positions, and also other relations following from implementation of the corresponding positions are regulated by special laws;

the employee of the selective sphere - the physical person working or working according to this code the member of the electoral body, the employee of the office of the electoral body and/or the employee of the public organizations and other organizational structures formed by Central Election Commission;

initiative group - the group registered according to this code for the purpose of collecting signatures in support of the candidate for elective office or in support of initiation of referendum consisting of the citizens having the voting rights;

the candidate list - the candidate list, pushed by political parties or the electoral blocs for participation in elections;

the subscription list - the list with signatures of voters in support of the candidate proposed on elective office or in support of initiation of referendum according to this code;

the main electoral register - the list including all citizens having the voting rights living or temporarily staying in the location of certain polling precinct;

the additional list of voters - the electoral register including voters who have the right to vote on this polling precinct however was not included in the main electoral register of this polling precinct;

the settlement - the administrative and territorial unit organized according to the law (the area, municipium, the city, the village (commune), administrative-territorial education with special status);

the room of the polling precinct - the place where voters exercise the voting right and, as a rule, is local electoral bureau;

the minimum quantity of specially allotted places for placement of election posters - the places specially allotted for placement of election posters located in one settlement. Panels for election posters are placed regularly on all territory of the settlement. On elections/participants of referendum or initiative groups the equal area for placement of election posters shall be provided to all competitors;

the observer - person accredited in the procedure provided by this code who can be the representative of the internal, foreign or international organizations or organizations, the performing observation of procedure for the organization and elections;

the operator of the State automated information system "Elections" - person authorized in accordance with the established procedure for processing of personal data of the voter who was personally on the polling precinct in the election day and for registration of its participation in vote for the purpose of non-admission of repeated vote;

the electoral body - the body organizing elections to Parliament to position of the President of the Republic of Moldova and in bodies of local public authority, regional elections, and also holding referendum;

the participant of referendum - political party, the electoral bloc, the President of the Republic of Moldova or primar concerning which the referendum on its discharge / withdrawal which are registered in the relevant electoral organ for the purpose of participation in referendum campaign is initiated;

the selective period - time interval between day of adoption of the act of setting a date of elections and day of establishment by competent authorities of election results which is not exceeding 120 days;

person, authorized to be present when holding the selective procedures, - the employee of the selective sphere, the operator of the State automated information system "Elections", the competitor's representative on elections/participant of referendum in the electoral bodies accredited by the electoral bodies the observer, in case of need - his translator, and also the journalist certified by mass media and approved subsequently by Central Election Commission;

the report on financing of initiative group - the report of initiative group on cash flow, and also on the services and actions provided free of charge by physical persons and legal entities and the actions performed by volunteer assistants during petition and also other necessary information;

the report on financing of the election campaign - the report of the competitor on elections/participant of referendum on cash flow, including about the collected income, sources of means and their expenditure during the election campaign, about the services and actions provided free of charge by physical persons and legal entities and the actions performed by volunteer assistants and also other necessary information;

the report on financial management - the report of political party on income gained according to the regulations on financing of political parties approved by Central Election Commission, and the Law on political parties No. 294/2007, on sources of origin of this income and their expenditure for the accounting period and also other necessary information;

referendum - national vote during which the people express the opinion on the most important problems of the state and society in general for the purpose of their decision, or consultation with citizens on especially important problems of local value, and also concerning discharge from position of the President of the Republic of Moldova or withdrawal of primar of the settlement;

The state register of voters - the single integrated information system of accounting of voters intended for collection, storage, updating and information analysis about the citizens of the Republic of Moldova who reached the selective age which is component of the State automated information system "Elections";

The register of employees of the selective sphere - the database intended for accounting at the national level of employees of the selective sphere, entering the State automated information system "Elections" which includes their surname and name, year of birth, profession (occupation), position, place of employment, contact telephone number, the place the residence/place of the temporary stay which pushed/appointed them the subject, and in case of participation in elections - date and type of elections, and also the position occupied in the electoral bodies or their working devices. The procedure for filling of the register and accounting of data is established by the provision approved by Central Election Commission;

administrative resources - personnel, financial and material resources which persons who are taking up responsible state positions, officials and government employees have equally and which result from their control over personnel, financial resources and assignments from the national public budget, from access to public services or from control of the personal and real estate carried to the public sphere of the state or administrative and territorial units exercised of them;

the place of temporary stay - the place where the physical person has temporary or nonbasic accommodation confirmed in the identification document;

response - early termination of powers of the person, taking up responsible state position, by holding referendum according to this code or deprivation by degree of jurisdiction of person holding elective public office, powers and also early termination of membership in the electoral body;

the polling precinct - the selective unit, on similar which divides the constituency in the ratio with the number of voters and which is formed by the electoral bodies according to this code;

The state automated information system "Elections" - the information system managed by Central Election Commission and intended for automation of the electoral process;

the treasurer - person responsible for financial resources of political party, the competitor on elections, the participant of referendum or initiative group;

repeated vote - the elections organized by Central Election Commission in case elections are acknowledged cancelled or invalid, in terms and on the conditions provided by this code.

Article 2. Principles of participation in elections

(1) Citizens of the Republic of Moldova take part in elections on the basis of general equal and direct suffrage in case of secret and free vote.

(2) Participation in elections is free and voluntary. Nobody has the right to put pressure upon the voter with the purpose to force it to take part or refuse participation in elections, and also to influence freedom of its declaration of will.

(3) the Citizens of the Republic of Moldova living beyond its limits use all completeness of the voting rights according to this code. The government of the Republic of Moldova, Central Election Commission, diplomatic representations and consulates shall create conditions for free realization by citizens of the voting rights.

Article 3. Universal adult suffrage

Citizens of the Republic of Moldova have the right to choose and be elected irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin.

Article 4. Equal suffrage

During any vote each voter has only one voice. Each voice has identical legal force.

Article 5. Direct suffrage

Each voter votes personally. Vote instead of other persons is forbidden.

Article 6. Secret vote

Vote on elections is secret that excludes possibility of impact on declaration of will of the voter.

Article 7. Free vote

Nobody has the right to put pressure upon the voter with the purpose to force it to vote or not to vote, and also with the purpose to prevent it to express independently the will.

Article 8. Election day

(1) Elections are held within one day, Sunday, according to the act of calling of an election in all territory of the country or the respective settlement.

(2) In departure from part provisions (1) elections in some constituencies or on the polling precincts can be carried out for the objective reasons (to pandemic, emergency situations, ensuring the voting right in unusual conditions, large number of the voters registered on the polling precincts open abroad and other reasons) within two days (on Saturday and Sunday) that is established by the resolution of Central Election Commission not later than 25 days till the election day.

(3) the Detailed selective procedures connected with safety during vote with storage and ensuring integrity within two days of the used and unused voting bulletins, with rules of ensuring confidentiality of information on participation of voters in vote containing in electoral registers also we designate, are established by the provision approved by Central Election Commission.

Article 9. Place of realization of the voting right

(1) the Voting right is exercised in the settlement in which the voter constantly lives, except as specified, provided by this code.

(2) If the voter has both residence, and the place of temporary stay, then he votes in the settlement in the place of the temporary stay.

Article 10. Vote for one of competitors on elections

On elections the voter votes only for one of competitors, and on referendum - only for one of answer options.

Article 11. The principle of stability of the relations in the selective sphere

(1) the Electoral system and procedure for formation of constituencies or the electoral bodies cannot be changed at least in one year prior to national elections.

(2) Drafts of regulations about introduction of amendments to the Electoral code are submitted for approval to Central Election Commission.

Article 12. Calculation of terms

(1) For the purpose of of this Code specifying per day (days) for calculation of terms of implementation of the selective procedures and actions is considered specifying respectively for calendar day, calendar days, except as specified direct establishment of terms in the working days. If calculation of terms is determined by the election day, the last is not taken into consideration.

(2) In case of calculation of terms of implementation of the selective procedures and actions also non-working holidays, and also the days announced by days off according to the Labor code are considered.

(3) If the selective procedures and actions be performed in the electoral body or the electoral body, term expires in time and date established by the relevant electoral organ.

(4) For the purpose of uniform application of the provisions concerning calculation of terms according to this code for the organization and elections of any kind the Central Election Commission approves the Schedule of the selective actions, establishing in it the terms of their implementation expressed in calendar days.

Article 13. The state automated information system "Elections"

(1) the State automated information system "Elections" is intended for automation of the electoral process for the purpose of:

a) ensuring transparency of the selective procedures and actions performed by the electoral bodies;

b) accounting of participation in vote and suppression of attempts of repeated vote;

c) operational receipt of reliable data about vote results;

d) increases in process performance of collection, distribution and information transfer and data on the performed selective procedures;

e) reducings budgeted expenses and optimization of use of personnel resources for the organization and elections;

f) developments and ensuring uniformity of the electoral processes connected with fulfillment of duties of the electoral bodies.

(2) the State automated information system "Elections" is interconnected with other information systems managed by other bodies of the public power and public organizations and consists of information subsystems (function blocks) which technical requirements, functionality and stages of implementation are regulated by the administrative acts of Central Election Commission adopted according to the normative and methodical base of creation, management, servicing, development and conclusion approved by the Government from operation of the state information systems.

(3) in the course of implementation and development of information subsystems - components of the State automated information system "Elections" - the Central Election Commission interacts with other public subjects to which competence and obligations rendering information, material, organizational, normative and other support according to the corresponding regulatory base belongs.

(4) According to part provisions (3) the Central Election Commission can use the help and support of the international organizations performing activities in the selective sphere.

Chapter II the Right to choose and be elected. restrictions

Article 14. The right to choose

The citizens of the Republic of Moldova who reached including in the election day of 18-year age, except for the citizens deprived of this right by the judgment on establishment of measure of judicial protection have to choose the right.

Article 15. The right to be elected

The citizens of the Republic of Moldova having the voting rights and conforming to the provided presents the code to requirements have the right to be elected.

Article 16. Restrictions for realization of the voting rights

(1) have no right to choose the faces which are not meeting the requirements, stipulated in Article 14.

(2) cannot be elected:

a) military personnel of conscription service;

b) persons specified in part (1);

c) the persons condemned to imprisonment by the final judgment, and also having unspent conviction for making of intentional crimes. The electoral bodies are informed on unspent convictions by bodies of the Ministry of Internal Affairs and/or National authority for integrity;

d) persons deprived of the right to hold responsible positions the final judgment. The electoral bodies are informed on prohibition availability by the Ministry of Justice, National authority on integrity and/or the Ministry of Internal Affairs.

(3) Activities in the corresponding position of candidates on elections or depending on circumstances of participants of referendum who owing to the position held by them shall observe legal regime of conflict of interest, not compatibility, other prohibitions and restrictions provided by special precepts of law including for the purpose of the prevention of illegal use of administrative resources during the selective period stop from the moment of the beginning of the electoral company. Fall under action of these provisions:

a) First Deputy Prime Ministers, ministers, members of the government on position;

b) secretary general of the Office of the President of the Republic of Moldova, secretary general of Parliament, secretary general of the Government, deputy secretaries general of the Government, state secretaries, secretaries general of the ministries;

c) heads of the central bodies of the public power and the organizational structures falling within the scope of their competence, and also their deputies;

d) chairmen of areas and their deputies;

e) primara and their deputies;

f) pretors and their deputies;

g) secretaries of local councils and pretur;

h) employees/employees who shall suspend office/employment relationships according to the special precepts of law regulating their activities.

Section II General provisions

Chapter III Electoral bodies

Article 17. System of the electoral bodies

(1) For the purpose of the organization and elections will be formed:

a) Central Election Commission;

b) county electoral councils of the second and first levels;

c) local electoral bureaus;

d) Central electoral office of Gagauzia.

(2) In system of the electoral bodies the Central Election Commission is the higher body acting on the permanent basis.

(3) County electoral councils of the second level are the electoral bodies acting on the permanent basis, except for the county electoral councils formed for the polling precincts outside the country and for settlements of left bank of Dniester. Permanent activities of county electoral councils of the second level are provided according to part (3) Article 35.

(4) County electoral councils of the first level and local electoral bureaus are the electoral bodies which are formed and perform activities during the selective period.

(5) In case of formation of the electoral bodies, and also within appointment procedure of members and the procedure of election of the chairman and the secretary the principle of gender equality shall be observed.

(6) the Central electoral office of Gagauzia which is component of system of the electoral bodies of the Republic of Moldova performs powers of the central electoral body during regional elections according to this code and local regulations. In case of elections to parliament, to position of the President of the Republic of Moldova, in bodies of local public authority, and also referenda the Central electoral office of Gagauzia performs powers of county electoral council of the second level according to this code.

Part 1 Central Election Commission

Article 18. Task of Central Election Commission

Task of Central Election Commission is creation of optimum conditions for free implementation by citizens of the Republic of Moldova of the constitutional right to choose and be elected during the free and fair elections, including by ensuring compliance with the legislation on financing of political parties and the election campaigns.

Article 19. Status of Central Election Commission

(1) When implementing the powers the Central Election Commission is guided by the principle of impartiality and political neutrality and has organizational, functional, operational and financial independence according to provisions of this Code.

(2) In the activities the Central Election Commission is guided by the Constitution of the Republic of Moldova, this code and other regulations including approved by its resolution regulations on activities of Central Election Commission, and also international standards and the advanced practice in the selective sphere.

(3) the Central Election Commission is the collegiate organ consisting of seven members performing activities on permanent basis during all term of the powers according to this code.

(4) the Central Election Commission is legal entity of the public law, has the budget, treasurer accounts and seal with the image of the State Emblem, and also other necessary attributes. The commission location, including legal address for maintaining correspondence, and also other contact information are established in its regulations on activities.

(5) For the purpose of realization of the selective policy the Central Election Commission can create public organizations or other organizational structures according to the corresponding regulatory base.

(6) In the relations with official organs of foreign states the Central Election Commission is effective within the competence. The commission can take part in activities of the profile international organizations and become their member.

Article 20. Education, structure and term of office of Central Election Commission

(1) Members of Central Election Commission are appointed in the following procedure:

a) one member is appointed the President of the Republic of Moldova;

b) one member is appointed by the Supreme council of magistracy;

c) one member is appointed by the Government according to the offer of the Ministry of Internal Affairs;

d) four members are appointed by Parliament in the following procedure:

- two members according to the offer of parliamentary majority;

- one member according to the proposal of parliamentary opposition. In case of lack of consensus on the candidate from opposition the parliamentary fraction having the greatest number of deputies on the date of institutionalization of Parliament pushes the member of the commission;

- one member according to the offer of the organizations of civil society provided in the selective sphere.

(2) Organa, provided by part (1), perform the procedure of candidate screen to position of the member of Central Election Commission on the basis of criteria of competence and professionalism, according to own established procedures and with observance of provisions of part (1) Article 22 Administrative acts about appointment of members are transferred by these bodies to the commission and are published in the Official monitor of the Republic of Moldova in ten-day time from the date of their acceptance or depending on circumstances of removal.

(3) the Central Election Commission is considered legally created in case of appointment in its structure at least five members.

(4) After position assignment the member of Central Election Commission on the first commission session in which takes part, but no later than 15 days from the date of the appointment takes the following oath: "I swear to observe the Constitution and the laws of the Republic of Moldova, to protect the rights and fundamental freedoms of citizens, fairly, consciously and to impartially fulfill the job responsibilities assigned to me, not to make political statements during the term of office.".

(The Term of office of the member of Central Election Commission constitutes 5) six years. The term of office begins from the date of entry into force of the administrative act about position assignment, and fulfillment of duties - from the date of bringing of the oath. Each member of the commission can perform powers two terms in a row.

(6) If the term of office of members of Central Election Commission expires during the selective period, the term of office is prolonged by right before the end of this period.

(7) in case of early termination of term of office of the member of Central Election Commission the body which appointed it appoints in its structure the new member according to this code.

(8) During the term of office members of Central Election Commission have no right to make statements and to take actions capable to cause damage to official independence, and also to use benefits of the official capacity for the purpose of receipt of political, economic or other benefit.

Article 21. Procedure of election of the chairman and secretary of Central Election Commission

(1) the Chairman and the secretary of Central Election Commission are elected from among her members during secret vote by absolute majority of voices with adoption of the relevant resolution. The procedure of election of the chairman and the secretary is provided by regulations on activities of Central Election Commission.

(2) Each member of Central Election Commission has the right to make the proposals concerning candidates for position of the chairman and the secretary including to propose the candidate and to vote for it.

(3) the Meeting on election of the chairman and secretary of Central Election Commission shall take place not later than in 15-day time from the date of formation of vacancy of these positions. In case of formation of vacancy of these positions the meeting on election shall be held to the selective period within three days from the date of formation of vacancy.

(4) two members of the commission elected by a simple majority vote her members to whom the obligation on the organization of the procedure of discussion of candidates and their election and on supervision of its implementation is assigned preside Over meeting of Central Election Commission on election of the chairman and secretary.

(5) If in first ballot the candidate for position of the chairman or the secretary of Central Election Commission did not collect absolute majority of votes, repeated vote in which members who stood to the same position in first ballot can also take part is taken.

(6) in the absence of the chairman of Central Election Commission, and also in case of approach of vacancy of position by the right and before election of the new chairman of obligation of the chairman the secretary performs.

Article 22. Status of members of Central Election Commission

(1) the nominated person answering in total to the following conditions can be the Member of Central Election Commission:

a) has nationality of the Republic of Moldova;

b) has at least five years of working experience in the selective sphere or eight years in the field of the right or public management;

c) has faultless reputation;

d) concerning this person the prohibition on occupation of the state position or responsible state position following from the stating act of National authority on integrity is not established;

e) for the last five years has no in the register of testing of professional integrity of records of rather negative test result for professional integrity for violation of obligation, stipulated in Item and) part (2) article 7 of the Law on assessment of institutional integrity No. 325/2013.

(2) Members of Central Election Commission during the term of office:

a) cannot consist in political parties;

b) have no right to participate and/or by no means to promote the activities performed by political parties, competitors on elections, initiative groups or participants of referendum, except as specified implementation of the powers provided by this code;

c) has no right to make statements as in support of the subjects specified in Item b), and against them.

(3) Candidates for position of the member of Central Election Commission before the appointment are subject to check according to the Law on check of persons holding the state positions, and candidates for the state positions No. 271/2008. Information on results of check will be promulgated by body which publishes the administrative act about position assignment.

(4) Members of Central Election Commission hold responsible state positions owing to appointment, and to them provisions of the Law on the status of persons who are taking up responsible state positions, No. 199/2010 extend.

(5) the Rights and obligations of members of Central Election Commission are determined by regulations on activities of Central Election Commission.

Article 23. Termination of membership in Central Election Commission

(1) Membership in Central Election Commission stops in case:

a) expirations of powers;

b) resignations;

c) discharges from position;

d) final impossibility to fulfill duties more than 60 days in a row that is established by the resolution of the commission and is brought to the attention of the body which appointed the corresponding member;

e) death.

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