Moldova, Republic of

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    There is a prohibition on funding, on the provision of free services or the material support in any form, direct and / or indirect, of political parties by:
         b) natural persons who are citizens of the Republic of Moldova from the income obtained from abroad;
         c) foreign citizens, stateless persons, anonymous persons or donors on behalf of third parties; 

         f) legal entities with foreign or mixed capital, legal entities from abroad;  
        g) other states and international organizations, including international political organizations;

  • Source

    Article 26, para. 6, letter b), c), f), g) of the Law on Political Parties  nr. 294, of 21.12.2007

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    (3) There is a prohibition on financing or the material support in any form, direct and / or indirect, of the activity of  electoral campaigns / electoral candidates by:
    a) legal entities from abroad, including those with mixed capital, by other states or international organizations, including international political organizations;
    c) natural persons who are citizens of the Republic of Moldova from the income obtained abroad;
    g) natural persons who are not citizens of the Republic of Moldova;

  • Source

    Article 41, para 3), letters, a), c), g)  of the electoral Code  nb. 1381 
    of 21.11.1997  (as of
     29.12.2017)

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    There is no ban but there's a ceiling on donations from legal persons (businesses, corporates) to political persons of 400 average salaries in a fiscal year or 120 000 EUR. 1 average salary in Moldova for 2018 is  6 150 MDL = 300 EUR. 

    In the same time, legal persons who, at the date of the donation, have outstanding debts older than 60 days to the state budget, to the state social insurance budget or the mandatory health insurance fund is prohibited from donating to political parties.

  • Source

    Article 26, para. 5  and para 6, letter e) of the Law on Political Parties  nr. 294, of 21.12.2007

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    There is no ban but there's a ceiling on donations from legal persons (businesses, corporates) to political persons of 100 average salaries in a fiscal year or 30 000 EUR. 1 average salary in Moldova for 2018 is  6 150 MDL = 300 EUR. 

    In the same time, there is a prohibition on legal persons who, one year before the start of the electoral period, have carried out activities financed or paid out of public funds (funds), as well as by legal persons with foreign or mixed capital;

  • Source

    Article 41, para 2, letter e), para 3, letter e) of the electoral Code  nb. 1381 
    of 21.11.1997, (
    from 29.12.2017)

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeYes
  • Comment

    h) trade unions, charitable or religious organizations are prohibited from donating to political parties

  • Source

    Article 26, para 6, letter h) of the Law on Political Parties  nr. 294, of 21.12.2007

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment

    h) trade unions, charitable or religious organizations are prohibited from donating to candidates

  • Source

    Article 41, para 3, letter h), of the electoral Code  nb. 1381 
    of 21.11.1997 (as of
     29.12.2017)

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    Donations from anonymous persons or donors on behalf of third parties are prohibited

  • Source

    Article 26,  para 6, letter c) of the Law on Political Parties  nr. 294, of 21.12.2007

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    Donations from anonymous persons or donors on behalf of third parties are prohibited

  • Source

    Article 41, para 3, letter f), of the electoral Code  nb. 1381 of 21.11.1997 (as of 29.12.2017)

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    The funding is prohibited in such cases:  

    e) legal persons who, at the date of the donation, have outstanding debts older than 60 days to the state budget, the state social insurance budget or the mandatory health insurance fund;
     

  • Source

    Article 26 para 6) e,f of the Law on Political Parties 

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment

    it is prohibited the funding, the provision of free services or the material support in any form, direct and / or indirect, of political parties by:

    e) legal persons who, one year prior to the beginning of the electoral period, have carried out activities financed or paid from public funds (funds) as well as from legal entities with foreign or mixed capital

  • Source

    Article 41, para 3, letter e) of the Electoral Code

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    Even if it is not strictly specified, that donations from corporations with partial government ownership are restricted, there is in place the general provision that it is prohibited the funding, the provision of free services or the material support in any form, direct and / or indirect, of political parties by:

    d) public authorities, organizations, enterprises, public institutions, other legal entities financed from the public budget or having state capital, except where the provision of services or the material support is expressly provided by the legislation;
     

  • Source

    Article 26, para 6 of the Law on Political Parties  nr. 294, of 21.12.2007 as of 03.05.2018

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    Even if it is not strictly specified, that donations from corporations with partial government ownership are restricted, there is in place the general provision that it is prohibited the funding, the provision of free services or the material support in any form, direct and / or indirect, of political parties by:

    d) public authorities, organizations, enterprises, public institutions, other legal entities financed from the public budget or having state capital, except where the provision of services or the material support is expressly provided by the legislation;

  • Source

    Article 41, para 3 of the Electoral Code

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    The Electoral Code stipulates that in election campaigns abuse of state resources is interdicted. Furtemore The code of Administrative offences envisages situations of abuse of state resources.

    Article 52 of the Electoral Code:

    7) Candidates can not use public funds and resources (administrative resources) in electoral campaigns, and public authorities / institutions assimilated to them can not convey to the electoral contestants public goods or other favors except on a contractual basis, on equal terms all electoral competitors.

  • Source

    Article 52, para 7 of the of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    Article 26, para. 4 and para 5 of the Law on Political Parties  nr. 294, of 21.12.2007

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code Based on average salaries for natural and legal persons
  • Comment

    There is a ceiling on donations from legal persons (businesses, corporates) to political persons of 400 average salaries in that fiscal year or 120 000 EUR and a ceiling on donations from natural persons of 200 average salaries in that fiscal year or 60 000 EUR.  1 average salary in Moldova for 2018 is  6 150 MDL = 300 EUR.

    4) 1 A natural person may, within one budget year, make cash donations to one or more political parties in the amount of up to 3 average economic salaries established for that year. Donations exceeding this limit will be made exclusively through bank operations.

     

  • Source

    Article 26, para 4, 41, 5 of the Law on Politial Parties 
    of 21.11.1997 (as of
     03.05.2018)

    https://bit.ly/2NlIQi1 

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeYes, for both natural and legal persons
  • Comment

    There is  a ceiling on donations from legal persons (businesses, corporates) to political persons of 100 average salaries in a fiscal year or 30 000 EUR and a ceiling for natural persons of 50 average salaries in a fiscal year or 15 000 EUR. 1 average salary in Moldova for 2018 is  6 150 MDL = 300 EUR. 

  • Source

    Article 41, para 2, letter e), para 3, letter e) of the electoral Code  nb. 1381 
    of 21.11.1997 (
    from 29.12.2017)

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • Code Based on average salaries for natural and legal persons
  • Comment

    There is  a ceiling on donations from legal persons (businesses, corporates) to political parties of 100 average salaries in a fiscal year or 30 000 EUR and a ceiling for natural persons of 50 average salaries in a fiscal year or 15 000 EUR. 1 average salary in Moldova for 2018 is  6 150 MDL = 300 EUR. 

  • Source

    Article 41, para. 2  letter e) of the Electoral Code  as of 26.04.2018

    https://bit.ly/2Jcsdy2

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    Article 41, para 2, letter e), para 3, letter e) of the electoral Code  nb. 1381 
    of 21.11.1997 (as of
     29.12.2017)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code Based on average salaries for natural and legal persons
  • Comment

    There is a ceiling on donations from legal persons (businesses, corporates) to candidates of 100 average salaries in a fiscal year or 30 000 EUR and a ceiling for natural persons of 50 average salaries in a fiscal year or 15 000 EUR. 1 average salary in Moldova for 2018 is 6 150 MDL = 300 EUR.

  • Source

    Article 41, para 2, letter e), para 3, letter e) of the electoral Code  nb. 1381 
    of 21.11.1997 (as of
     29.12.2017)

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeDonation limit for private persons apply
  • Comment
  • Source

    Article 41, para 2, letter e), para 3, letter e) of the electoral Code  nb. 1381 
    of 21.11.1997 (as of
     29.12.2017)

21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment

    In-kind donatins are not regulated aside of the electoral campaigns.  

  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment

    The in-kind donations for a candidate need to fit the ceiling established for donations from natural persons and legal persons.

  • Source

    Article 41, para 2, letter e) of the electoral Code  nb. 1381 of 21.11.1997 (as of 26.04.2018)

23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

    (3) The political party has the right to carry out editorial activity, directly related to the administration of its property, as well as other income-generating activities for the party's needs, if these activities are not prohibited by law and are explicitly stipulated in the statute of the political party . 

  • Source

    Article 17, para. 2 letter c) of the Law on Political Parties  nr. 294, of 21.12.2007 

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    (1) The state grants interest-free loans to electoral competitors with certain conditions

  • Source

    Article 40 of the electoral Code  nb. 1381 of 21.11.1997 as of 29.12.2017)

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    1) The state grants interest-free loans to electoral competitors with certain conditions

  • Source

    Article 40 of the electoral Code  nb. 1381 of 21.11.1997 as of 29.12.2017)

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeYes
  • Comment

    There is a prohibition on donations from:

    e) legal persons who, within one year before the beginning of the electoral period, have carried out activities financed or paid from public funds (funds)

     

  • Source

    Article 41, para 3, letter e) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

27. Are there provisions requiring donations to go through the banking system?
  • CodeSometimes
  • Comment

    A natural person may, within one budget year, make cash donations to one or more political parties in the amount of up to 3 average monthly salaries set for that year. Donations exceeding this limit will be made exclusively through bank operations.

  • Source

    Art. 26, para 41 of the Law on Political Parties

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    1) Political parties have the right to receive annual funding from the state budget through the Central Electoral Commission on the basis of a regulation approved by it. The amount of allocations for this purpose is approved in the annual budget law, with a percentage share of no more than 0.2% of the state budget revenues, except for the special-purpose revenues provided by the legislation, and it is distributed as follows:
        a) 50% - to political parties in proportion to the performances obtained in the parliamentary elections;
        b) 50% - political parties in proportion to the performances obtained in the general local elections.
      

  • Source

    Article 27, para. 1, letter a), b) of the Law on Political Parties  nr. 294, of 21.12.2007

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election | Share of seats in previous election | Participation in election | Registration as a political party
  • Comment

    1) Political parties have the right to receive annual funding from the state budget through the Central Electoral Commission on the basis of a regulation approved by it. In order to receive these funds, the political party must participate in general elections.
      

  • Source

    Article 27, para. 1, letter a), b) of the Law on Political Parties  nr. 294, of 21.12.2007

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received
  • Comment

    The amount of allocations for this purpose is approved in the annual budget law, with a percentage share of no more than 0.2% of the state budget revenues, except for the special purpose revenues provided by the legislation. The amount constitutes 40 000 000 MDL or 1 904 762 EUR.

    According to the CEC decision, in 2018 the amount of the monthly subsidy for each valid vote given to the political parties and the electoral bloc during the November 30, 2014 parliamentary elections is about 1.11 MDL (0,05 EUR), and the monthly subsidy for each valid vote expressed at the general local elections of June 14 2015 is about 0.47 MDL (0,02 EUR).

    Subsidies from the state budget are transferred monthly to the bank accounts specifically dedicated to this purpose by the political parties. Parties have the obligation to submit monthly, by the 10th of each month, in electronic form, the Monthly Information on the Party's expenditures from the state budget subsidies, according to the model approved by the Regulation on the Financing of the Activity of the Political Parties elaborated by Central Election Commission.

  • Source

    Article 27, para.  1 of the Law on Political Parties  nr. 294, of 21.12.2007, CEC decisions.

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities | Intra-party institution | Research and policy initiatives
  • Comment

    State budget allocations shall be used for the following destinations:
        a) expenses for the maintenance and / or rental of the premises;
        b) staff costs;
        c) press and promotional material expenses;
        d) travel expenses in the country and abroad;
        e) Telecommunication expenses;
        f)  expenses for receiving delegations from abroad;
        g) payment of membership fees to the international organizations of which the party is part;
        h) investments in movable and immovable goods necessary for the activity of the respective party;
        i)  office expenses;
        j) Audit costs (external / mandatory);
        k) expenses for the organization of meetings, public demonstrations, seminars and other training courses for party members, held on the territory of the country.

  • Source

    Article 28, para. 1, of the Law on Political Parties  nr. 294, of 21.12.2007

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Only during the electoral campaigns. All political parties participating in the electoral campaign and their candidates for elective positions shall be given free of charge and in fair conditions in accordance with the law, airtime for public radio and television stations.

  • Source

    Article 16, para.  2  of the Law on Political Parties  nr. 294, of 21.12.2007

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment

    Free access to media is given only in Election Campaigns.

    • All political parties participating in the electoral campaign and their candidates for elective positions shall be given free of charge and in fair conditions in accordance with the law, airtime for public radio and television stations.

  • Source

    Source

    Article 16, para.  2  of the Law on Political Parties  nr. 294, of 21.12.2007

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    During the parliamentary, presidential and republican referendum elections, the public broadcasters give to the electoral competitors free of charge, one minute per day, time for the placement of electoral advertising. For electoral advertising against payment, each electoral contestant is offered no more than 2 minutes per day during the electoral campaign at each broadcaster. The conditions for the purchase of the airtime and the respective fees are communicated with 3 calendar days before the posting of the electoral advertising. The payment for airtime to the electoral contestants can not exceed the payment normally paid for commercial advertising. Antenna times for pay-per-view advertising are granted to all electoral candidates at the same broadcasting hours.

  • Source

    Article 70, para 5) of the electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

35. Are there provisions for any other form of indirect public funding?
  • CodeNo data
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeYes
  • Comment

    Political parties that will respect the quota of at least 40% of women candidates submitted to uninominal constituencies will benefit from an increase of the budget support of at least 10% of the amount allocated of that party and a multiplication factor for each female candidate elected in the uninominal constituency according to the legislation on political parties and procedure established by the Central Electoral Commission.

  • Source

    Article 46, para 4) of the electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    Vote bying is interdicted and incriminated in the Criminal Code. 

    Offering or giving money, goods, services or other benefits in order to determine the voter to exercise his electoral rights in a certain way during parliamentary, local or referendum elections shall be punished by a fine in the amount of 500 to 850 conventional units or by one year to 5 years imprisonment, and the legal person shall be liable to a fine of between 4000 and 6000 conventional units with the deprivation of the right to exercise a particular activity or with the liquidation of the legal person. 1 conventional unit is 50 MDL = 2,38 EUR.

  • Source

    Article  1811, para 1) of the Criminal Code  nb. 985  of18.04.2002

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    There are limits only on the amount a political party can collect during a year. The anual limit amounts to 0,3% of the state budget revenues. 

    (3) The annual revenues of a political party from membership fees and donations may not exceed the equivalent of 0,3% of the revenue provided for in the state budget for that year.

  • Source

    Article 26, para 3) of  the Law on Political Parties  nr. 294, of 21.12.2007

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    There is no official ceiling on spending. Instead there is a general ceiling for revenues collected in electoral campaigns.

    The ceiling of the financial means that can be transferred to the Electoral Account of the electoral contestant shall be established by the Central Electoral Commission, taking as a base of calculation a coefficient multiplied by the number of voters in the electoral constituency in which the elections take place; The coefficient is k = 0,5% * the yearly average salary which in 2018 is 300 EUR, thus k = 1,5 EUR.

    The ceiling = k * the number of voters

  • Source

    Article 41, para 2, letter d) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeThird parties banned from campaign spending
  • Comment

    It is forbidden to fund or support in any form, direct and / or indirect, the activity of political parties, initiative groups, electoral campaigns / electoral contestants by anonymous persons or on behalf of third parties;

  • Source

    Article 41, para 3, letter f) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    There are special provisions for the electoral advertising. The electoral contestant shall bear the responsibility for the content of the electoral advertising material, broadcast or published. Each advertising material must include the name of the electoral contestant, the date of printing, the printout of the material and the name of the printing press that printed it. Elective publicity will be accompanied by the term "Election".
    The refusal to broadcast or to publish, under the present law, electoral advertising, for a fee or free of charge, may be challenged in the court.
    Electoral advertising on the Internet and through mobile telephony is assimilated to electoral advertising in written press.

  • Source

    Article 70, para 6, 7, 8 of the Electoral Code  nb. 1381  of 21.11.1997  (as of 29.12.2017)

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    Annual Reports 
         (1) Up to the 15th of the last month of the reporting period, and by 31 March each year, the political parties shall report to the Central Elections Commission on their financial management. parties

  • Source

    Article 29 of the Law on Political Parties  nr. 294, of 21.12.2007

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    1) Political parties and electoral blocs, initiative groups and independent candidates, in the case of parliamentary and presidential elections, shall submit to the Central Electoral Commission within 3 days of the opening of the account the mention "Electoral Fund" and subsequently weekly , a report on the accumulated funds and expenditures made in the electoral campaign, both in electronic format and on paper, under the signature of the responsible persons. The model of the report is approved by the Central Electoral Commission and contains the following information:

  • Source

    Article 43, para 1 of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    1) Political parties and electoral blocs, initiative groups and independent candidates, in the case of parliamentary and presidential elections, shall submit to the Central Electoral Commission within 3 days of the opening of the account the mention "Electoral Fund" and subsequently weekly , a report on the accumulated funds and expenditures made in the electoral campaign, both in electronic format and on paper, under the signature of the responsible persons. The model of the report is approved by the Central Electoral Commission and contains the following information:

  • Source

    Article 43, para 1 of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

50. Do third parties have to report on election campaign finances?
  • CodeThird parties are banned from participating in campaigns
  • Comment

    There is a prohibition on donations from:

    f) anonymous persons or on behalf of third parties

  • Source

    Article 41, para 3, letter f) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    Mandate of the Electoral Commission
                               central
         (2) As an independent supervisory and controlling body on the financing of political parties and electoral campaigns, the Central Electoral Commission shall:
      d) ensure the publication on its official page of information and annual reports on financial management of political parties, as well as reports on the financing of electoral campaigns;

  • Source

    Article 22, para 2)  letter d) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    In regards to election campaign reports:

    1) Political parties and electoral blocs, initiative groups, as well as independent candidates, in the case of parliamentary and presidential elections, submit to the Central Electoral Commission, within 3 days from the opening of the account with the mention "Electoral Fund" and subsequently weekly, a report on the accumulated funds and expenses incurred in the electoral campaign, both in electronic format and on paper, under the signature of the responsible persons. The model of the report is approved by the Central Electoral Commission and contains the following information:
         a) identification data of the natural or legal person who donated financial means;

    In regards to anual/semestrial reports of political parties:

    4) The Central Electoral Commission shall prepare and approve forms for the annual financial management reports, which shall contain information on:
         a) the assets and income of the political party, including the grouping of such revenues by types;
         b) all donations to the political party, including donation, donor identity (full name, full name and organizational form), place of residence and occupation / place of work or type of activity;

  • Source

    Article 29, para 4) of the Law on Political Parties  nr. 294, of 21.12.2007

    Article 43, para 1) letter a) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Candidates:

    b) a list of all donations received, including the nature and value of each donation in money, goods, objects, works or services;
    c) the total amount of donations and the number of donors;
    d) list of donations repaid as a result of exceeding the ceilings set in art. 41 par. (2) lit. e);

    Political parties:

    a) the assets and income of the political party, including the grouping of such revenues by types;
    b) all donations to the political party, including donation, donor identity (full name, full name and organizational form), place of residence and occupation / place of work or type of activity;

  • Source

    Article 43, para 1) letters b), c), d) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

    Article 29, para. 4, letter a), b) of the Law on Political Parties  nr. 294, of 21.12.2007

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    Reports of political parties and candidates  include:

    c) the political party's obligations and expenses, other than those of the electoral campaign, grouped at operational expenses and expenses for the management of goods; d) the accounting information, for the relevant period, of the legal entities founded or otherwise controlled by the respective political party.

    Costs of meetings and electoral events, including related costs (rent, stage, stage performances, sound, stands, posters, protocol expenses, security, coverage of the event in mass media, etc.);     (b) advertising, including television, radio, other electronic media, printed media, billboards, other street or mobile advertising platforms;     c) expenses for promotional materials, including the party's electoral program, posters, banners, shirts, other promotional items offered free of charge in accordance with the provisions of art. 41 par. (6);     d) expenses for transportation of persons and goods;     e) cost of public opinion polling services;     f) additional maintenance costs: for renting offices for electoral purposes, for salaries of temporary staff employed for election purposes;     g) the costs of delegating or detaching persons;     h) expenditure on electoral and political consultancy.

  • Source

    Article 29, para. 4, letter c), d) of the Law on Political Parties  nr. 294, of 21.12.2007

    Article 43, para 8) letters a), b), dc of the Electoral Code  nb. 1381  of 21.11.1997

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    Political Parties

    (1) Up to the 15th of the last month of the reporting period, and by 31 March each year, the political parties shall report to the Central Elections Commission on their financial management. parties

     

    Candidates

    Candidates, in the case of parliamentary and presidential elections, submit to the Central Electoral Commission within 3 days from the opening of the account "Electoral Fund" and later on weekly , a report on the accumulated funds and expenditures made in the electoral campaign, both in electronic format and on paper, under the signature of the responsible persons. The model of the report is approved by the Central Electoral Commission and contains the following information:

  • Source

    Article 43, para 1 of the Electoral Code  nb. 1381  of 21.11.1997

    Article 29, para. 1 of the Law on Political Parties  nr. 294, of 21.12.2007

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB
  • Comment

    c) collect and systematize the annual reports on the financial management of political parties, the reports on the audit of political parties and the reports on the financing of electoral campaigns presented by the electoral competitors; d) ensure the publication on its official website of information and annual reports on the financial management of political parties, as well as the reports on the financing of electoral campaigns; e) examine complaints and complaints about violation of legislation on the funding of political parties and electoral campaigns; f) finds contraventions and concludes protocols on contraventions aimed at timely non-performance or inappropriate presentation of financial reports of political parties, other social-political organizations or electoral contestants; g) apply or request the application of the penalties provided by this Code and by Law no. 294-XVI of 21 December 2007 on political parties for violating legislation on the funding of political parties and electoral campaigns, refers to the competent bodies for contravention violations, criminal offenses or offenses; h) Collaborates and provides information assistance in developing independent studies to monitor the funding of political parties and electoral campaigns; k) exercise other powers of supervision and control over compliance with legislation on the financing of political parties and electoral campaigns in accordance with the provisions of this Code and Law no. 294-XVI of 21 December 2007 on political parties.

  • Source

    Article 22, para 2,  letter d) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Request additional information from potential violator | Request additional information from others | Impose sanctions
  • Comment

    e) examines the complaints and complaints about the violation of legislation on the funding of political parties and electoral campaigns;
         f) finds contraventions and concludes protocols on contraventions aimed at non-submission in time or in inappropriate presentation of financial reports of political parties, other social-political organizations or electoral competitors;
        g) applies or requests the application of sanctions, provided by this Code and by Law no. 294-XVI of 21 December 2007 on political parties, for violation of legislation on the funding of political parties and electoral campaigns, reports to the competent bodies on violations that are liable to contravention, criminal or breach of tax legislation;

  • Source

    Article 22, para 2,  letters e), f), g) of the Electoral Code  nb. 1381  of 21.11.1997 (as of 29.12.2017)

58. What sanctions are provided for political finance infractions?
  • CodeFines | Loss of public funding | Loss of nomination of candidate | Suspension of public funding
  • Comment

    With the reform for the political parties funding, a set of sanctions for the violation of funding re‑ gime by political parties and during the election campaigns were adopted.

    There are many sanctions in the Penal Code for Illegal Funding of Political Parties or electoral campaigns, the violation how to manage the means political parties or political parties electoral funds.

     

    (1) Forgery of reports on the financial management of political parties and / or reports on the financing of election campaigns with the intention to substitute or hide the identity of the donors, the amount of funds accumulated or the destination or volume of means used     shall be punished by a fine in the amount of 550 to 8500 conventional units or by imprisonment for up to 3 years in both cases with the deprivation of the right to hold certain positions or to carry out certain activities for up to 5 years.     [Art.1812 al. (1), the sanction modified by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     (2) The use of administrative resources (public goods), including favoring or consenting to the illegal use of administrative resources (public goods) in electoral campaigns, if large amounts of damage have been caused,     shall be punished by a fine in the amount of 4000 to 6000 conventional units or by imprisonment for up to 3 years, in both cases depriving of the right to occupy certain positions or to perform certain activities for a period of 2 to 5 years .     [Art.1812 para. (2), the sanction modified by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     (3) Extortion or extortion of donations for political parties and / or electoral funds     shall be punished by a fine in the amount of 550 to 850 conventional units or by community service from 100 to 200 hours or by imprisonment for up to 4 years in all cases with the deprivation of the right to hold certain positions or to perform certain activities for a period of 1 to 5 years.     [Art. 1812 para. (3), the sanction modified by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     (4) The use to the contrary of the allocations from the state budget for the political parties or the means from the electoral fund, if it caused large damages,     shall be punished by a fine in the amount of 4,000 to 6,000 conventional units or by one to five years' imprisonment, in both cases depriving of the right to occupy certain positions or to perform certain activities for a period of 2 to 5 years.     [Art.1812 (4), the sanction amended by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     (5) The knowingly accepting the funding of the political party or the electoral contestant by an organized criminal group or a criminal organization (s)     shall be punished by a fine in the amount of 850 to 1350 conventional units or by one to six years' imprisonment, in both cases depriving of the right to occupy certain positions or to carry out certain activities for a period of 2 to 5 years.     [Art.1812 (5), sanction amended by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     [Art.1812 introduced by LP36 of 09.04.15, MO93 / 14.04.15 art.134; in force 14.04.15]     Article 182. Falsification of voting results     (1) Voting of a person: without having this right, either two or more times, or the introduction of more than one ballot in the ballot box or the use of a false identity document or a ballot paper false     shall be punished by a fine in the amount of 550 to 750 conventional units or by community service from 100 to 200 hours or by imprisonment for up to 2 years.     [Art. 182 (1), the sanction amended by LP207 of 29.07.16, MO369-378 / 28.10.16 art.751; in force 07.11.16]     (2) Falsification by any means of voting results     shall be punished by a fine in the amount of 650 to 850 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 3 years.

  • Source

    Article  181 2, para 1) of the Criminal Code  nb. 985  of18.04.2002

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