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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 04-12-2020)

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) Execution of powers of the adviser and primar begins from the date of recognition of the mandate and comes to an end after term of office of the relevant council or primar or before if there are legal causes for early termination of powers.

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

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

b) violations by it of the Constitution, other laws or interests of local community, and also its participation in activities of anticonstitutional bodies confirmed with the decision of degree of jurisdiction which took legal effect;

c) the incompatibility of positions established by the stating act which became final;

-1) from establishment by the stating act of edition/adoption of the administrative act which became final, making it is direct or by means of the third party of the transaction, decision making or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

-2) from not submission 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 of June 17, 2016;

-3) from the instruction the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

d) entry into force of the conviction pronounced concerning it;

e) dissolution of council on the right;

f) giving by it in resignation (with submission of the written application about resignation);

g) his death.

(3) In the cases provided by Items and), b) and d) parts (2) this Article, the decision on deprivation of the adviser of the mandate is made by the relevant council, and in the cases provided by Items c) – with-3), f) and g) parts (2) this Article - Central Election Commission

(3-1) Central Election Commission initiate the procedure of deprivation of the adviser of the mandate in case of incompatibility of position only according to the address to her of National authority on 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 within 30 calendar days from the date of bringing to its data of situation on incompatibility of position.

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

a) the incompatibility of positions established by the stating act which became final;

establishment a-1) the stating act of edition/adoption of the administrative act which became final, making is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

a-2) of not submission 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 of June 17, 2016;

instruction a-3) the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

b) impossibility of performance it the obligations for more than four months in a row, including because of disease;

c) entry into force of the conviction pronounced concerning it;

d) its response through local referendum according to the Code on elections;

e) giving by it in resignation;

f) his death.

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

a) the incompatibility of positions established by the stating act which became final;

establishment a-1) the stating act of edition/adoption of the administrative act which became final, making is direct or by means of the third party of the transaction, acceptance or participation in decision making with violation of the law on regulation of conflict of interest;

a-2) of not submission 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 of June 17, 2016;

instruction a-3) the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

b) impossibility of performance them the obligations for more than four months in a row, including because of disease, except for the deputy of the primar fulfilling the duties on a voluntary basis;

c) entries into force of the conviction pronounced concerning them;

d) releases them from position the relevant council according to the procedure provided by the law;

e) giving by them in resignation (with submission of the written application about resignation);

f) their death.

(6) Local elected persons perform the powers according to this law and the Law on local public authority No. 436-XVI of December 28, 2006.

(7) Local elected persons submit the declaration on property and private interests in the procedure established by the law.

Art. 6. - (1) In case of prolongation by the organic law of term of office of council and primar in case of war or catastrophic crash the term of office of the corresponding advisers, the chairman of the area, his deputy and the deputy of primar is considered prolonged by right.

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