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Article 8
 

Incompatibility of the office of the President of the Republic, Member of Parliament, Mayor and Member of Council


(1) From the day of the adoption of the decision for the announcement of the elections until the completion of the election of the President of the Republic of Macedonia, Members of the Parliament of the Republic of Macedonia and election of the Government of the Republic of Macedonia in accordance with the election results, as well as from the day of the adoption of the decision for announcement of the elections until the day of the completion of the election of Mayor or Members of the Council, i.e. until the establishment of the Council of the Municipalities and the City of Skopje, the following shall not be allowed:


- use of Budget funds or public funds or funds of public enterprises or other legal entities that have state capital at their disposal for the commencement of construction of new infrastructural facilities, such as roads, waterworks, transmission lines, sewage, sports fields and other facilities, or social activities’ facilities - schools, kindergartens and other buildings, unless Budget funds have previously been allocated for that purpose, i.e. unless it is part of the implementation of the program adopted based on a law in the current year; and
- payment of salaries, pensions, social welfare or other payments and financial compensations from budget funds or public funds that are not regular monthly payments, or all annual transfers and payments or single transfers from budget funds or public funds, as well as selling of public capital or signing collective agreements, and
- initiating a procedure for employment of new persons or a procedure for termination of employment with state and public institutions, whereas the already initiated procedures shall be suspended, except in cases of urgent and immediate matters.


(2) Within a period of 20 days prior to the commencement of the election campaign until the completion of the election of a President of the Republic of Macedonia, Members of the Parliament of the Republic of Macedonia and the election of the Government of the Republic of Macedonia in accordance with the election results, and until the completion of the elections for electing a Mayor or Members of the Councils, i.e. the establishment of the Council of the Municipalities and the City of Skopje, the following shall be forbidden:


- holding public events on the occasion of the commencement of construction or use of facilities with resources from the Budget or from public funds, or with resources from public enterprises or other legal entities that have state capital at their disposal that are infrastructural facilities, such as roads, waterworks, transmission lines, sewage, sports fields and other facilities, or social activities’ facilities - schools, kindergartens and other buildings. Prohibition for holding public events shall particularly not refer to: giving a public statement by a public office holder or a candidate for a public office holder during a rally, an interview in the media, a debate in the media or an answer to a journalist’s question.


(3) From the day of the adoption of the decision for the announcement of the elections until the completion of the election of a President of the Republic of Macedonia, Members of the Parliament of the Republic of Macedonia and election of the Government of the Republic of Macedonia, in accordance with the election results, as well as from the day of the adoption of the decision for the announcement of the elections until the day of the completion of the election of Mayors or Members of the Council, i.e. until the establishment of the Council of the Municipalities and the City of Skopje, the Ministry of Finance shall make public all budget payments, except the regular salaries, pensions and utilities, by publishing them on the website in a special data basis for budget costs in the election period.


(4) Two weeks following the announcement of the elections, the Government of the Republic of Macedonia shall submit pre-election financial reports that shall contain an overview of all planned and realized incomes and expenditures from the Budget presented per item, in the period from the beginning of the fiscal year until the day of the publishing of the report on the website of the Ministry of Finance.