The Prevention of Use of Administrative Resources in Republic of Moldova

1
The Prevention of Use of Administrative
Resources in Republic of Moldova The fourth
Eastern Partnership Facility Seminar, The use of
administrative resources during electoral
campaigns, 17-18 of April 2013, Tbilisi,
Georgia
2
Legal framework

• Constitution of Republic of Moldova from 29th
  July, 1994
• Electoral Code No. 1381-XIII from 21th of
  November, 1997
• Contravention Code No. 218-XVI from 24th of
  October, 2008
• Criminal Code No. 985-XV from 18th of April,
  2002
• The Law on the status of persons with the public
  dignity function No. 199 from 16th of July, 2010.

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Its prohibited

• any form of financing and material support of
  electoral campaign from the organizations
  financed from the state budged
• the use of public means and goods by the
  electoral candidates
• to public authorities/institutions and those
  assimilated to them, to offer public goods or
  other favors to electoral candidates

4
Suspend their position in office

• Citizens, who ex officio are not entitled to be
  members of a political party or other
  social-political organization
• High-ranking officials whose appointment or
  election is regulated by the Constitution of the
  Republic of Moldova and/or by organic laws
• These provisions concern
• Deputy Prime-Ministers, Ministers and Deputy
  Ministers, members of the Government
• Heads of the central public authorities
• Districts chairmen and deputy chairmen
• Mayors and deputy mayors
• Praetors and deputy praetors

5
Why work suspension is important?

• Prevention of use, by electoral candidates, of
  state institutions resources for political
  dividends
• Prevention of use of official visits for
  electoral propaganda
• Prevention of use of official duties for offering
  facilities or favors to voters

6
Declaration of work suspension

• Is completed by the candidate, personally
• Is submitted to the Central Election Commission
  or to the District Electoral Council
• Is filled at the time of registration as
  candidate, but not later than 30 days before the
  Election Day
• Otherwise, sanctions are applied warning or
  cancellation of registration

7
Legal liability

• For the misuse of administrative resources,
  during the electoral campaign, electoral
  candidates may be sanctioned
• Disciplinary
• Administratively
• Criminally

8

• Thank you for your attention!
• Dr. Iurie CIOCAN
• Chairman, Central Election Commission
• of the Republic of Moldova
• iurie.ciocan_at_cec.md
• 373 22 251-452