THE CODE ABOUT ELECTIONS OF THE REPUBLIC OF MOLDOVA

of November 21, 1997 No. 1381-XIII

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 of Parliament, the President of the Republic of Moldova and bodies of local public authority, and also the organization and holding referenda.

The parliament accepts this code.

Section I Basic provisions

Chapter 1 Basic concepts and principles

Article 1. Basic concepts

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

pre-election posters - appeals, statements, photos and other materials used by competitors on elections for the purpose of election propaganda;

election propaganda – preparation and distribution of information containing appeal to participation in vote with the purpose to incline voters to give the votes for these or those competitors on elections;

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

The state register of voters - the single integrated information system of accounting of voters of the Republic of Moldova created on the basis of the State register of the population intended for collection, storage, updating and information analysis about citizens of the Republic of Moldova including being located abroad which reached 18-year age and are not deprived by the law of the right to choose;

elections – if are not present other instructions, elections of Parliament, the President of the Republic of Moldova and bodies of local public authority, and also referenda. Elections are understood also as activities of citizens, batches and other social and political organizations, the electoral blocs, the electoral and other state bodies for creation of electoral registers, promotion and registration of candidates, carrying out election propaganda, carrying out vote and leading of its results and other selective activities performed according to the current legislation;

general election – any kind of the elections held within one day, Sunday according to the document on calling of an election, in all territory of the country;

early elections - elections of elected body in case of early termination of its powers or dissolution or administrative-territorial reorganization;

the electoral bloc - the voluntary consolidation of two or more batches and/or other social and political organizations for the purpose of joint participation in elections registered by Central Election Commission in case of parliamentary, presidential and general local elections or county electoral councils in case of new local elections;

the election campaign - the period of the activities which are carried out for the purpose of to incline voters to give the votes for this or that competitor on elections, beginning for each competitor on elections from the date of its registration by Central Election Commission or county electoral council and coming to the end in day of its exception of elections or in ballot day;

the candidate - person standing on public elective office from batches, other social and political organizations, the electoral blocs;

the independent candidate - person standing on public elective office irrespective of batches, other social and political organizations and the electoral blocs;

The center of life-long education in the selective sphere - the specialized division created under Central Election Commission for the purpose of advanced training of employees of the selective sphere and their life-long professional education, and also other participants of the electoral process;

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

the national district – the constituency of national level in which elections of deputies of Parliament according to party lists by rules of system of pro rata representation will be organized and held;

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

competitors on elections:

- in case of parliamentary elections – the independent candidates, and also batches, other social and political organizations and the electoral blocs registered by Central Election Commission from whom the Central Election Commission registers candidate lists;

– in case of presidential elections – as the presidential candidates of the Republic of Moldova registered by Central Election Commission;

– in case of local elections – batches, other social and political organizations, the electoral blocs and individuals standing to the position of primar or the adviser of local council registered by the relevant county electoral council;

the claim - the address for the purpose of cancellation or review of any document, the decision or action;

Central Election Commission – the independent state body created for realization of the selective policy for the purpose of proper elections, supervision and control of observance of provisions of the legislation on financing of political parties and the election campaigns;

promotion of candidates - the procedure of acceptance by batches and other social and political organizations, the electoral blocs of decisions on candidates for elective offices performed at meetings of governing bodies of batches and other social and political organizations, the electoral blocs according to their charters during the period after setting a date of elections;

the permanent residence - the permanent place of residence of person confirmed in the identity certificate;

the statement for the location - the procedure by means of which the citizens having voting power declare the place of the stay in the election day;

the voting right - constitutional right of the citizen to choose, be elected and to participate in vote on the most important questions of the state and society in general and (or) on the most important questions of local value;

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 raise knowledge degree citizens of political and electoral processes for conscious and free implementation 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, material support in other forms of competitors on elections by the state, 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 by the state, physical persons and/or legal entities;

the employee of the selective sphere - the physical person working or working according to this code the member of county electoral council or local electoral bureau;

initiative group – the group consisting of the citizens having the voting rights, and registered according to this code Central Election Commission for collecting signatures in support of the candidate for elective office or holding referendum;

the candidate list - the candidate list, pushed by batches, other social and political organizations, the electoral blocs for participation in elections;

electoral registers - lists of the citizens having the voting rights and taking the residence or the location in the territory of certain polling precinct;

the additional list of voters - the electoral register constituted by the electoral body which joins persons which are not entered in the main electoral registers;

subscription lists - lists with signatures of voters in support of this or that candidate on elections or in support of excitement of question of referendum;

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

minimum of specially allotted places for placement of pre-election posters - the places specially allotted for placement of pre-election posters located in one settlement. Panels for pre-election posters are placed regularly on all territory of the settlement. At least 1 sq.m of the area of panel is provided to the competitor on elections. The equal area for placement of pre-election posters is provided to all competitors on elections;

national observers are the representatives of qualified public associations of the Republic of Moldova or representatives of competitors on elections accredited by the electoral bodies according to this code;

the international observers - the representatives of the international organizations, governments of foreign states and foreign non-governmental organizations accredited by Central Election Commission, and also the international experts in the selective sphere;

Legal bureau of the international observers - the body created during the election campaign under Central Election Commission for the purpose of assistance to the international observers in successful implementation of monitoring of elections;

the electoral bodies – the bodies organizing elections of Parliament, the President of the Republic of Moldova, bodies of local public authority, and also holding referenda;

the social and political organizations - batches, fronts, leagues, the grass-roots political movements registered according to the Political parties law and other social and political organizations;

batches - the voluntary associations of citizens created and registered according to the Political parties law and other social and political organizations;

the selective period – the period of time which is not exceeding 90 days from the date of promulgation of date of elections about day of confirmation of election results by competent authorities;

persons, representatives to be present at the selective procedures - representatives and observers of competitors at elections at the electoral bodies, the observers accredited by county electoral councils, the observers accredited by Central Election Commission and also representatives of mass media;

reports on financing of the election campaigns – reports of the competitor on elections about cash flow, including accumulated financial resources, sources of their receipts and expenses during the election campaign;

referendum - national vote for the purpose of the solution of the major questions of the state and society in general, and also consultation with citizens on the most important questions of local value;

The register of employees of the selective sphere - the system of accounting created by Central Election Commission at the national level (base of personal data) of employees of the selective sphere containing their surname and name, year of birth, profession (occupation), position, place of employment, contact telephone numbers, the residence which appointed them body, and in case of participation in elections - date of elections and the function which is carried out in the electoral bodies;

administrative resource - 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 public budget, from access to public services or from control of the personal and real estate constituting part of the public sphere of the state or administrative and territorial units exercised of them;

the location - the temporary place of stay of person confirmed in the identity certificate;

response - deprivation by degree of jurisdiction of person holding public elective office, powers and also early termination of powers of primar by holding referendum.  

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 voluntarily. Nobody has the right to put pressure upon voters with the purpose to force them to participate or not to participate in elections, and also to influence freedom of declaration of will of the voter.

(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

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

(2) Voided. 

Article 5. Direct suffrage

Each voter votes personally. Vote instead of other persons is not allowed.

Article 6. Secret vote

Vote on elections and (or) referendum is secret, the possibility of impact on declaration of will of the voter thereby is excluded.

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

Elections are held within one day, Sunday, according to the document on calling of an election, in the territory of all country or the respective settlement.

Article 9. The place of realization of the right to choose

(1) the Right to choose is exercised by the voter in that settlement in which he lives constantly, the cases except for provided by this code.

(2) If the voter has both residence, and the location, in the period of reality of the location he votes in the location.

Article 10. Vote for one of competitors on elections

Participating in elections, the voter votes only for one of competitors on elections, and participating in referendum, gives only one answer to each question.

Chapter 2 the Right to choose and be elected. Restrictions

Article 11. The right to choose

The citizens of the Republic of Moldova who reached on the election day of 18-year age, except for deprived of this right in the procedure established by the law have to choose the right.

Article 12. The right to be elected

The citizens of the Republic of Moldova having the voting rights and corresponding to the election conditions provided by this code have the right to be elected.

Article 13. Restrictions

(1) persons cannot choose:

a) not corresponding to Article 11 provisions;

b) disfranchised by the decision of degree of jurisdiction which took legal effect;

(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 who are serving sentence in places of detention, 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) Citizens of the Republic of Moldova who owing to post have no right to be members of batches or other social and political organizations and also the officials holding responsible position, the procedure for appointment or election of which is regulated by the Constitution of the Republic of Moldova and/or the organic laws, from the moment of their registration as competitors on elections shall suspend the activities in post. Fall under action of these provisions:

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

b) heads of the central bodies of the public power;

c) chairmen of areas and their deputies;

d) primara and their deputies;

e) pretors and their deputies.

Section II General provisions

Chapter 3 Electoral bodies

Article 14. 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;

c) local electoral bureaus.

Article 15. Representation in the electoral bodies and degrees of jurisdiction

(Competitors on elections can appoint 1) to the period of the election campaign in structure of the electoral bodies, and also subordinate electoral bodies for one representative which registered them with the right of advisory vote. Batches, other social and political organizations, the electoral blocs participating in elections can appoint to the period of the election campaign on one representative with the right of advisory vote and in Central Election Commission. The representative appointed according to provisions of this part can protect interests of the competitor on elections in the disputes relating to elections and in degree of jurisdiction.

(2) the Relevant electoral organs within three days approve representatives of competitors on elections. Persons offered for approval shall have the right to choose and be elected.

(3) Common laws and obligations of representatives of competitors on elections are established by the resolution of Central Election Commission, and also competitors on elections which appoint them.

Part 1 Central Election Commission

Article 16. Formation of Central Election Commission

(1) the Central Election Commission consists of nine members from whom one is offered by the President of the Republic of Moldova, and other eight - Parliament with observance of pro rata representation of the majority and opposition. The staff of the commission affirms the resolution of Parliament accepted by a majority vote the elected deputies.

(2) After approval by Parliament members of Central Election Commission take the following oath at the plenary session of Parliament: "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 throughout term of office".

(3) the Central Election Commission is guided in the activities by the Constitution, this code, the current legislation and the regulations of the commission approved by the resolution of the last.

(4) the Central Election Commission is legal entity, has the budget, treasurer accounts and seal with the image of the State Emblem.

Article 17. Structure and term of office of Central Election Commission

(1) the Chairman, the vice-chairman and the secretary of Central Election Commission are elected from among members of Central Election Commission by a majority vote her members. The meeting on election of the chairman, vice-chairman and secretary of Central Election Commission is conducted by two members of Central Election Commission who are elected by a simple majority vote members of the commission and to whom the obligation on implementation of supervision of the procedure of discussion of candidates and election of the chairman, the vice-chairman and the secretary of Central Election Commission is assigned, at the same time results are recorded. The meeting on election of the chairman, vice-chairman and secretary of Central Election Commission is held not later than to 15-day time from the date of entry into force of the resolution on statement of new structure of Central Election Commission. The response from the specified positions is performed in the cases provided by Articles 16, of the 19 and 20 of this Code.

(2) If the candidate for position of the chairman, the vice-chairman or the secretary of Central Election Commission during the first vote did not gather majority of votes, repeated vote in which also the candidates standing to the same positions during the first vote can participate is taken.

(3) the Chairman, the vice-chairman and the secretary of Central Election Commission act constantly. Other members of the commission are convoked by its chairman as necessary. The chairman, the vice-chairman and the secretary of the commission hold responsible state positions by appointment and submit to provisions of the legislation on the status of persons who are taking up responsible state positions.

(4) in case of formation of vacancy of one of specified in part (1) positions replacement of vacancy is performed according to the procedure of election.

(5) Within two days from the date of education the Central Election Commission will promulgate the structure, the location and procedure of communication with it.

(6) the Term of office of Central Election Commission - five years. After this term changes can be made to structure of the commission. If powers of Central Election Commission expire during the selective period, they are prolonged by right before the end of this period and the subsequent assumption of office of new members, but no more than for 90 days.

Article 18. Meetings and resolutions of Central Election Commission

(1) Meetings of Central Election Commission are competent if most of members of the commission takes part in them.

(2) the Central Election Commission accepts resolutions by a majority vote of the members. In the same order resolutions on modification, amendments in earlier accepted resolutions or on recognition their invalid are accepted.

(3) the Members of Central Election Commission not concordant with the accepted resolution having the right to state in writing the special opinion which is applied to the relevant resolution.

(4) the Resolutions of Central Election Commission accepted within its competence are the administrative acts of individual or normative nature obligatory for execution by subordinate electoral bodies, bodies of the public power, the companies, organizations and the organizations, officials, in lots, by other social and political organizations and their bodies, and also all citizens.

(5) Resolutions of Central Election Commission within 24 hours after acceptance are located on its official web page, and resolutions of normative nature, resolutions accepted during the selective period, and the resolutions relating to the financial reporting are published also in the Official monitor of the Republic of Moldova. Resolutions of Central Election Commission become effective from the moment of their acceptance or from the date specified in the text of resolutions.

Article 19. Status of members of Central Election Commission

(1) In structure of Central Election Commission persons with length of service in the field of the right or public management at least ten years having the nationality of the Republic of Moldova and the residence in the country having the perfect reputation and qualities necessary for implementation of the selective activities concerning which the prohibition on occupation of the state position or responsible state position following from the stating act of National authority on integrity and also for the last five years the testings of professional integrity of records of rather negative test result for professional integrity which do not have in the register for violation of obligation, stipulated in Item is not established can be offered and) parts (2) article 7 of the Law on assessment of institutional integrity No. 325 of December 23, 2013.

(2) Members of Central Election Commission throughout term of office:

a) cannot consist in batches and other social and political organizations;

b) have no right to participate in political activities;

c) cannot make declarations in support of competitors on elections or directed against them;

d) cannot promote the activities performed by competitors on elections, except as specified execution of the powers provided by this code at all.

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