Former Mayor of Chisinau, is once again investigated, only this time, for acting out of his jurisdiction. The new case was opened today, but will only be made available to the public on Friday, as the suspect lacked an attorney. According to multiple closed cases from between 1998-2013, the court has made 383 decisions, where the Municipal Council of Chisinau (hereinafter MCC) had to make sure that citizens and their families, had proper living conditions in municipal houses, as stated by law.

According to the criminal case, between 1998 and 2013, the judiciary issued 383 decisions obliging the Chisinau Municipal Council (hereinafter CMC) to provide different people and their families with housing from the public housing stock in accordance with the stipulated rules by the housing legislation in force at that time.

Thus, between May 2012 and January 2017, the Mayoralty of Chisinau, represented by the Mayor General, through a preliminary understanding with the parties to the enforcement procedure, found a method of solving the enforceable titles, concluding reconciliation transactions with the people who presented the documents enforceable by the courts, which CMC was obliged to provide with housing.

Under reconciliation transactions, it was agreed that the City Hall of Chisinau, as a debtor, would pay to the creditors the average cost of an apartment, with different surfaces depending on the family composition of the creditors, after the project "Prima House ", initiated by Chisinau City Hall.

At the same time, it was agreed that the final sum, paid by Chisinau City Hall, would be 664 euro / 1 m2, of which 564 euro / 1m2 - the average price for the apartment in the white version and 100 euro / 1m2 - for the repair.

Subsequently, the mayor of Chisinau, the creditors and the bailiffs signed a record of the conditions of the settlement transactions, according to which the City Hall transfers the funds to the accounts of the bailiffs.

Thus, according to the court, the CMC was obliged to give people and their families a living space with the right to use it and not to provide financial means for the purchase of the dwelling in private ownership. In such circumstances, contrary to Art.77 of the Execution Code, the manner of parties in the enforcement proceedings was changed, in the essence of the litigation, jurisdiction of the court, which issued the enforceable document. 

Hereby, according to the provisions of Article 32 (1) of the Law on Local Government No.436 of 28.12.2006 "in the exercise of its powers, the mayor issues normative and individual provisions", the reconciliation transaction does not present a normative and individual provision.

Also, according to the provisions of art. 29 (1), a), m) of the Law on local public administration, the mayor executes the decisions of the local council and ensures the distribution of the housing stock, but in no case approves the local budget and its usage, which is the basic competence of the Chisinau Municipal Council . It is worth mentioning that there is no decision of the CMC on the empowerment of the mayor to conclude such reconciliation transactions with creditors.

Thus, the mayor of Chisinau, having concluded 81 reconciliation transactions and paid municipal budget funds in the total amount of 66,730,577.80 lei, causing large damage to the local public administration.

Also, at Chisinau City Hall there is a list of people requiring housing with judgments based on enforceable titles, and after analyzing the execution order of executory titles. It was found that the City Hall of Chisinau did not ensure the transparent realization of the court decisions according to a register or a successive program based on the "first-come, first-served" principle, the distribution of housing being selectively, preferentially and disorganized.

Therefore, implementing the described criminal scheme has caused considerable damage to the rights and interests of individuals.

Taking into account that the materials and evidence accumulated in the criminal prosecution show the existence of the elements of the offense provided by Art. 328 paragraph (3) letter b), d) Criminal Code - exceeding the attributions of the service - his / her recognition as a suspect was ordered.

Other persons who have been part of the criminal scheme, which has existed for many years in the Chisinau City Hall, have been investigated as part of the criminal investigation, expressed as a change in the way of execution of the titles regarding the granting of housing for the use of some favors financial.