What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
Georgia
ElectionCode of Georgia (as of 2012, in English)
http://cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/codex_english_electronic.pdf
Article 54
4.An election subject is under a duty to submit to the State Audit Office theinformation on bank account, from which the necessary expenses shall beallocated for election campaign.
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Article 57 2. Election subject is under a duty topublish information, based on the defined forms, indicating the donationsources, amount and date of receipt, once in 3 weeks following theregistration.
3.Election subjects, no later than 1 month from the announcement of final resultsof elections, and those election subjects, which, based on the preliminarydata, receive required number of votes stipulated by this Law, - no later than8 days from the polling day, shall submit to the State Audit Office a statementon election funds indicating the source of funds along with the auditor’s(audit firm) report. An auditor (audit firm) operating in the territory ofGeorgia shall be authorized to carry out an audit inspection.
5.Election subjects, who nominated majoritarian candidates, participating in thesecond round of elections, no later than 1 month following the publication offinal results of the second round, whereas election subjects, who, based on thepreliminary data, receive required number of votes stipulated by this Law, nolater than 8 days from the polling day, shall submit the information on unusedfunds by the election subject, in accordance with the procedures established bythe State Audit Office.
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Article84. Responsibility of election subjects for violation of the organic law ofGeorgia on Political unions of citizens
1.Election subjects - including election blocs, political unions within theelection bloc, initiative groups of voters and candidates nominated by theinitiative group--shall be responsible for violations of the Organic Law ofGeorgia on Political Unions of Citizens, as well as the actions aimed atavoiding the requirements of the law to provide funding of politicalactivities.
2.Responsibility for the activities outlined in paragraph 1 of this Article shallbe imposed under the Organic Law of Georgia on Political Unions of Citizens andthe procedures set forth by this Law.
Article85. Failure to fulfil the obligation of the law of submission of the report onelection campaign funds
1.Failure to fulfil the obligation of the law requiring the submission of thereport on election campaign funds and/or the submission of inaccurate data onthe election campaign funds report shall entail imposition of fine upon the politicalunion of citizens in the amount of 1500 GEL.
2. Thesame action conducted by a political union of citizens receiving state fundingshall lead to the imposition of a fine in the amount of 3000 GEL upon thepolitical union of citizens.
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Article 93. 3. Protocols on administrativeviolations, as prescribed in Articles 84 and 85 of this Law, shall be drawn upby the State Audit Office.
5. Inthe case of the commission of administrative violations, stipulated by thisChapter, legal proceedings shall be conducted in accordance with the Code of AdministrativeViolations of Georgia, unless otherwise determined by this Law.
OrganicLaw of Georgia on Political Unions of Citizens (as amended by 2012)
Article 34-2 11. On administrative offencesprescribed by this Article an authorized person of the State Audit Office shalldraft an administrative offence protocol, which shall be immediately sent to the Regional (City)Court for review.
12. Ifcircumstances are present that might obstacle execution of penalties foroffences prescribed by the law, State Audit Office is authorized with drafting protocol ofadministrative offences, to seize property of a party or/and person (includingbank accounts) proportionally with a sanction in accordance with the relevantoffence. Seizure shall enter into force immediately and with the protocol ofadministrative offences shall be presented to the Court for confirmation.
13.Court reviews protocol of administrative offences and issue of confirmation ofseizure (if such exists) prescribed by paragraphs 11 and 12 of this Article andmakes decision within 48 hours after its submission. Court decision shall be appealed once in a Courtof Appeal within 48 hours. Appeal doesn’t suspend validity of a seizure.Court of Appeal makes itsdecision within 48 hours. Decision is final and may not be appealed.
