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Article 75
 

Legal Liability


(1) Individuals and legal persons who violate the election legislation provisions, hinder free exercise of citizens’ electoral rights, hinder the electoral bodies activity, shall be held liable under the legislation in force.


(2) For the violation of the election legislation, the Central Electoral Commission or the District Electoral Council may apply the following sanctions to the initiative group or to electoral competitors:


a) warning;


b) cancelling the registration of the initiative group;


c) initiating the contravention process as per the legislation;


d) depriving from state budget allowances as a main or supplementary sanction;


e) requesting the cancellation of electoral competitor registration.


(3) Warnings are applied by a Central Electoral Commission decision for all types of elections, as well as by a District Electoral Council decision for local elections.


(4) In case of repeated sanctioning through warning during the same electoral period for infringements related to financing of electoral campaign, the Central Electoral Commission shall impose supplementary sanction on political parties registered as electoral competitors, depriving them from state budget allowances for a period from 6 months up to one year.


(5) Cancellation of registration is applied upon the request of the Central Electoral Commission, and in case of local elections, upon the request of the district electoral bureau. This is done by a final Court decision which shall state:


a) the use of undeclared financial and material funds by the candidate or the spending exceeded the ceiling of financial means allocated from the Election Fund;


b) the use of undeclared funds from abroad by the candidate;


c) non-suspension from the position by the candidate that has such obligation. In this case, the registration of the independent candidate shall be cancelled or the respective candidate shall be eliminated from the list of the electoral competitor;


d) violation of Article 52 (3) by the electoral competitor.


(6) In cases referred to in paragraph (5), the Central Electoral Commission or the District Electoral Council shall address a request to the Court of Appeal of Chisinau to cancel the registration of the electoral competitor by adopting a decision to this end, in parliamentary and presidential elections, or to the Court under which jurisdiction the respective District electoral council falls, in general local elections or new local elections. The Court shall consider the request and issue a decision regarding it within 5 days, but no later than the day preceding the Election Day.