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LAW OF THE REPUBLIC OF MOLDOVA

of February 2, 2000 No. 768-XIV

About the status of the local elected person

(as amended on 08-12-2022)

The parliament adopts this organic law.

Chapter I General provisions

Art. 1. - (1) This law determines the status of the local elected person.

(2) the Single questions concerning the status of the local elected person and execution of the mandate by it are regulated by the Law on local public authority, and also other regulations.

Art. 2. - (1) In this law the concept of the local elected person joins advisers of village (municipal), city (municipal), regional councils and council of municipium of Chisinau, deputies of People's assembly of Gagauzia, primara and their deputies, chairmen of the area and their deputies.

(2) the Status of the local elected person is applied to the deputy of People's assembly of Gagauzia in the part which is not contradicting the status of the deputy determined by People's assembly within the Law on special legal status of Gagauzia (Gagauz-Eri).

Art. 3. - (1) In the corresponding administrative and territorial unit the local elected person is official - the representative of authorized or executive body of local public authority.

(2) In case of execution of the mandate the local elected person is on service of the relevant community.

Art. 4. - (1) Any imperative mandate is invalid.

(2) the Mandate is performed personally.

(3) the Mandate is not subject to transfer to other person.

Art. 5. - (1) the Term of office of the adviser and primar is established by the Electoral code.

(2) Powers of the adviser stop ahead of schedule in case:

a) absence without valid excuse at three meetings of council in a row;

b) the incompatibility of positions established by the stating act of National authority which became final on integrity;

c) establishments by the stating act of National authority which became final on integrity of edition/adoption of the administrative act by it, making it is direct or through the third party of the transaction, acceptance or participation in adoption of certain decision in case of the actual conflict of interest which is not permitted according to provisions of the legislation on settlement of conflicting interests;

d) not submissions by it of the declaration on property and private interests or refusal of its giving according to part (8) article 27 of the Law on National authority on integrity No. 132/2016;

e) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

f) removal of the conviction which took legal effect about imprisonment or the final and taken legal effect decision on prohibition to hold the adviser's position for the term of more than five months;

g) dissolution of council on the right according to the Law on local public authority No. 436/2006;

h) giving in resignation;

i) death.

(3) In the cases provided by Items a) and f) parts (2), the decision on deprivation of the adviser of the mandate is made by the relevant council, and in the cases provided by Items b) - e), h) and i) parts (2), - Central Election Commission.

(4) In the cases provided by Items b) - d) parts (2), the Central Election Commission initiates procedure of deprivation of the adviser of the mandate for the appeal to the commission of National authority for integrity. The Central Election Commission based on the selective documents which are available for it makes the decision on deprivation of the adviser of the mandate 30 calendar days from the date of the address in time.

(5) in case of adoption by council of the decision on deprivation of the adviser of the mandate, and also in the cases provided by Items g) - i) parts (2), the secretary of local council or on circumstances the chairman of the area informs on it Central Election Commission 15 days after emergence of the corresponding circumstances in time.

(6) the Mandate is considered vacant from the moment of bringing to data of the corresponding adviser of the decision on deprivation of his mandate according to parts (2) and (3). In case of impossibility of the message on the decision the mandate is considered vacant from the moment of decision making.

(7) the Decision on deprivation of the mandate can be appealed in degree of jurisdiction, competent for consideration of administrative disputes, without observance of the preliminary procedure.

(8) Powers of primar stop ahead of schedule in case:

a) the incompatibility of positions established by the stating act of National authority which became final on integrity;

b) establishments by the stating act of National authority which became final on integrity of edition/adoption of the administrative act by it, making it is direct or through the third party of the transaction, acceptance or participation in adoption of certain decision in case of the actual conflict of interest which is not permitted according to provisions of the legislation on settlement of conflicting interests;

c) not submissions by it of the declaration on property and private interests or refusal of its giving according to part (8) article 27 of the Law on National authority on integrity No. 132/2016;

d) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

e) impossibility of performance it the obligations for more than five months in a row, including because of disease that is established by territorial bureau of the State office and what the Central Election Commission in 15-day time after konstatirovaniye is in writing informed on;

f) removal of final conviction about imprisonment or the final decision on prohibition which took legal effect to hold position of primar for the term of more than five months;

g) its response through local referendum according to the Electoral code;

h) giving in resignation;

i) death.

(9) the Central Election Commission appoints date of new elections according to the Electoral code:

a) in the cases provided by Items a) - c) parts (8), - according to the appeal of National authority on integrity;

b) in the cases provided by Items d) and f) parts (8), - according to the appeal of degree of jurisdiction;

c) in cases, stipulated in Item e) parts (8), - according to the appeal of territorial bureau of the State office;

d) in the cases provided by Items h) and i) parts (8), - according to the address of the secretary of local council.

(10) Organa, listed in part (9), address to Central Election Commission in 15-day time from the date of origin or konstatirovaniye of the corresponding circumstances.

(11) Powers of the chairman of the area, his deputy and the deputy of primar stop ahead of schedule in case:

a) the incompatibility of positions established by the stating act of National authority which became final on integrity;

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