Political Finance Database

Tajikistan

Tajikistan

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Source

Article 9. Financing of elections

[...]

 It is prohibited to allocate funds through charity to the electoral funds of a candidate and political party from the following individuals and legal entities:

- foreign states and foreign legal entities;

- foreign citizens and stateless persons;

[...]

- legal entities established with the participation of foreign investments;

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Para. X:

Parties and candidates are also permitted to fund campaigns from their own resource as well as through donations received from individuals and legal entities, except from foreign or state-owned sources.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018). 

Article 13:

Political parties have the right to accept material assistance in the form of property and money from individuals, enterprises and organizations, public associations, foundations and other non-governmental legal enteties, provided that this material assistance is documented and it's source is indicated.

Material assistance is not allowed from:

[...]

foreign states, citizens, enterprises and organizations, as well as enterprises with the participation of foreign capital;

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

Article 5.

[...]

Any direct or indirect participation of foreign organizations and individuals in financing and other material support of the election campaign of candidates for the post of the President of the Republic is prohibited.

(Constitutional law of the Republic of Tajikistan on Election of the President of the Republic of Tajikistan, 1994, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=7 accessed January 2018).

3. Is there a ban on corporate donations to political parties?
Code
No
Source

Article 9. Financing of elections

The electoral fund of a candidate for deputy and political party is formed by:

[...]

- Charitable funds of individuals and legal entities.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

Article 9. Financing of elections

The electoral fund of a candidate for deputy and political party is formed by:

[...]

- Charitable funds of individuals and legal entities.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Article 5. Material support for the election of the President of the Republic of Tajikistan

State bodies, enterprises, institutions, organizations present premises and equipment necessary for the preparation and conduct of elections to the electoral commissions for free. Premises and equipment of non-state enterprises and organizations are used for the work of election commissions on the basis of rent at the expense of the republican budget.

(Constitutional law of the Republic of Tajikistan on Election of the President of the Republic of Tajikistan, 1994, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=7 accessed January 2018).

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Source

Article 13:

Political parties have the right to accept material assistance in the form of property and money from individuals, enterprises and organizations, public associations, foundations and other non-governmental legal enteties, provided that this material assistance is documented and its source is indicated.

Material assistance is not allowed from:

-charitable and religious organizations;

-state enterprises and organizations, as well as enterprises and organizations with the participation of the state;

-foreign states, citizens, enterprises and organizations, as well as enterprises with the participation of foreign capital;

-anonymous persons;

- commercial organizations that are engaged in financial activities for less than one year.

- political parties that are not members of the association with the party that receives financial assistance.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9. Financing of elections

[...]

 It is prohibited to allocate funds through charity to the electoral funds of a candidate and political party from the following individuals and legal entities:

The electoral fund of a candidate for deputy and political party is formed by:

- the funds of the relevant election commissions allocated for pre-election campaigning;

- personal funds of the candidate for deputy, not exceeding 500 (five hundred) of the calculation indicators; 

- the funds of the electoral fund of a political party that nominated a candidate for a single-mandate district, not exceeding 500 (five hundred) of the calculation indicators; 

- The funds of the electoral fund of a political party that nominated a list of candidates for a single republic-wide district not exceeding 10,000 (ten thousand) of the calculation indicators; 

- Charitable funds of individuals and legal entities.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

Article 13:

Political parties have the right to accept material assistance in the form of property and money from individuals, enterprises and organizations, public associations, foundations and other non'governmental legal enteties, provided that this material assistance is documented and its source is indicated.

Material assistance is prohibited from:

[...]

-anonymous persons;

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

Article 9. Financing of elections

The electoral fund of a candidate for deputy and political party is formed by:

It is prohibited to allocate funds through charity to the electoral funds of a candidate for deputy and political party from the following individuals and legal entities:

[...]

- contributions from unknown persons.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Source

Article 9: 

It is prohibited to allocate funds through charity to the electoral funds of a candidate for deputy and political party from the following individuals and legal entities:

- foreign states and foreign legal entities;

- foreign citizens and stateless persons;

- citizens of the Republic of Tajikistan who have not reached the age of 18;

- legal entities established with the participation of foreign investments;

- international organizations and international public movements;

- local government bodies and self-government bodies of settlements and villages; 

- state organizations and organizations, the share of state shares of which exceeds 30 percent;

- units, sub- units and other military structures of law enforcement bodies;

- religious and charitable organizations and other organizations established by them;

- contributions from unknown persons.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Source

Article 13:

Political parties have the right to accept material assistance in the form of property and money from individuals, enterprises and organizations, public associations, foundations and other non'governmental legal enteties, provided that this material assistance is documented and its source is indicated.

Material assistance is not allowed from:

-charitable and religious organizations;

-state enterprises and organizations, as well as enterprises and organizations with the participation of the state;

-foreign states, citizens, enterprises and organizations, as well as enterprises with the participation of foreign capital;

-anonymous persons;

- commercial organizations that are engaged in financial activities for less than one year.

- political parties that are not members of the association with the party that receives financial assistance.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

 

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

Article 13:

Political parties have the right to accept material assistance in the form of property and money from individuals, enterprises and organizations, public associations, foundations and other non'governmental legal enteties, provided that this material assistance is documented and its source is indicated.

Material assistance is not allowed from:

-charitable and religious organizations;

-state enterprises and organizations, as well as enterprises and organizations with the participation of the state;

-foreign states, citizens, enterprises and organizations, as well as enterprises with the participation of foreign capital;

-anonymous persons;

- commercial organizations that are engaged in financial activities for less than one year.

- political parties that are not members of the association with the party that receives financial assistance.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

Article 9: 

It is prohibited to allocate funds through charity to the electoral funds of a candidate for deputy and political party from the following individuals and legal entities:

- foreign states and foreign legal entities;

- foreign citizens and stateless persons;

- citizens of the Republic of Tajikistan who have not reached the age of 18;

- legal entities established with the participation of foreign investments;

- international organizations and international public movements;

- local government bodies and self-government bodies of settlements and villages; 

- state organizations and organizations, the share of state shares of which exceeds 30 percent;

- units, syb-units and other military structures of law enforcement bodies;

- religious and charitable organizations and other organizations established by them;

- contributions from unknown persons.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

Article 9: 

It is prohibited to allocate funds through charity to the electoral funds of a candidate for deputy and political party from the following individuals and legal entities:

- foreign states and foreign legal entities;

- foreign citizens and stateless persons;

- citizens of the Republic of Tajikistan who have not reached the age of 18;

- legal entities established with the participation of foreign investments;

- international organizations and international public movements;

- local government bodies and self-government bodies of settlements and villages; 

- state organizations and organizations, the share of state shares of which exceeds 30 percent;

- units, units and other military structures of law enforcement bodies;

- religious and charitable organizations and other organizations established by them;

- contributions from unknown persons.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

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

Against. 

Source

Article 9:

[...]

The use of state property and funds not provided for in the Law is prohibited.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999 avaliable at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Para. X. CAMPAIGN FINANCE

Campaign finance is regulated by the PEL and CCER regulations. Each candidate and political party received, respectively, TJS 3,000 and TJS 30,000 of public campaign funding in cash. Parties and candidates are also permitted to fund campaigns from their own resource as well as through donations received from individuals and legal entities, except from foreign or state-owned sources. Donations to candidates and parties were capped, respectively, at TJS 4,000 and TJS 20,000. The total campaign fund of a party could not exceed TJS 1.2 million and that of a candidate could not exceed TJS 60,000. Most parties stated that they lacked the necessary funds, from both public and private sources, to mount an effective campaign.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
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
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for both natural and legal persons
Source

Article 13.

[...]

The total amount of annual material assistance from one individual to political parties should not exceed 300 (three hundred) calcualation indicators, from one legal entity - 1500 (one thousand five hundred) calculation indicators.  

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

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
natural person - not exceeding 300 (three hundred) calculation indicators; | legal person - not exceeding 1500 (one thousand five hundred) calculation indicators.
Comment

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS ). 

Source

Article 13.

[...]

The total amount of annual material assistance from one individual to political parties should not exceed 300 (three hundred) calcualation indicators, from one legal entity - 1500 (one thousand five hundred) calculation indicators.  

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

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

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9:

[...]

Donations from individuals to the electoral fund of candidates should not exceed 50 (fifty), and to the election fund of political parties 100 (one hundred) calculation indicators. 

Donations from legal entities to the election fund of candidates for deputies should not exceed 100 (one hundred) calculation indicators , and 500 (five hundred) to the electoral fund of political parties. 

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
natural person - to the electoral fund of candidates should not exceed 50 (fifty), and to the election fund of political parties 100 (one hundred) calculation indicators. legal person - to the election fund of candidates for deputies should not exceed 100 (one hundred) calculation indicators, and 500 (five hundred) to the electoral fund of political parties. 
Comment

 

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9:

Donations from individuals to the electoral fund of candidates should not exceed 50 (fifty), and to the election fund of political parties 100 (one hundred) calculation indicators. 

Donations from legal entities to the election fund of candidates for deputies should not exceed 100 (one hundred) calculation indicators , and 500 (five hundred) to the electoral fund of political parties. 

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, specific limit for candidates
Comment

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9:

[...]

The electoral fund of a candidate for deputy and political party is formed by:

- personal funds of the candidate for deputy, not exceeding 500 (five hundred) of calculation indicators. 

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

21. Is there a limit on in-kind donations to political parties?
Code
No
22. Is there a limit on in-kind donations to candidates?
Code
No
23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Source

Article 14. Economic activity of political parties

Political parties in accordance with the legislation of the Republic of Tajikistan and their charters are idependent in making decisions in economic matters, in matters of remuneration to the employees of this party, the use of financial and material resources.

In order to create financial and material conditions for the realization of its statutory goals and rights enshrined in Article 10 of this Law, a political party has the right to establish enterprises and organizations in the manner established by the legislation of the Republic of Tajikistan.

The political party has the right to carry out the following types of entrepreneurial activity:

- information, advertising and publishing activities to promote their views and ideas, goals, objectives and publicize the results of their activities;

- production and sale of souvenirs with symbols and (or) the name of a political party;

- leasing out their movable and immovable property (except for money and securities);

The political party is not entitled to carry out entrepreneurial activities not specified in part three of this article. 

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

 

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Source

Article 9.

Means for the preparation and conduct of elections of members of the Majlisi Milli and deputies of the Majlisi Namoyandagon are allocated from the republican budget.

Candidates for deputies of the Majlisi Namoyandagon, political parties participating in the elections, establish their own electoral fund to finance the elections. The funds of the electoral fund of the candidate for deputy and political party are kept on the temporary savings account of the State Savings Bank of the Republic of Tajikistan "Amonatbank" and its branches. The means from these funds are used only for conducting elections and at the behest of candidates and political parties.

State Savings Bank of the Republic of Tajikistan "Amonatbank", its branches open temporary special accounts for the organization of the electoral fund of the candidate and political party on the basis of written notification to the relevant election commission. You can not make a profit out of these funds.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, in relation to campaigns
Source

[...]

Para. X:

Each candidate and political party received, respectively, TJS 3,000 and TJS 30,000 of public campaign funding in cash.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

Art 15:

State authority bodies of the Republic of Tajikistan render support the registered political party:

-providing the equal access to state mass media;

-ensuring equality of opportunities for holding election campaigns.

In case of suspension of party's activities in accordance with the provisions of article 21 of this Law, the government support will be temporary suspended.

In case of the ban on political party activities, from the date of the decision of the Supreme Court of the Republic of Tajikistan on banning party's activity, the government support will be stopped.  

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

29. What are the eligibility criteria for political parties to receive public funding?
Code
Registration as a political party
Source

Art 15:

State authority bodies of the Republic of Tajikistan render support the registered political party:

-providing the equal access to state mass media;

-ensuring equality of opportunities for holding election campaigns.

In case of suspension of party's activities in accordance with the provisions of article 21 of this Law, the government support will be temporary suspended.

In case of the ban on political party activities, from the date of the decision of the Supreme Court of the Republic of Tajikistan on banning party's activity, the government support will be stopped. 

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal
Source

[...]

Para. X:

Each candidate and political party received, respectively, TJS 3,000 and TJS 30,000 of public campaign funding in cash.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
No
Source

[...]

Para. X:

Each candidate and political party received, respectively, TJS 3,000 and TJS 30,000 of public campaign funding in cash.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

Art 39.

[...]

Equal conditions of access to Mass Media are guaranteed to candidates and political parties.

[...]

Each candidate to deputies in the single mandate district has right to 20 minutes and each political party has the right to have 40 minutes airtime in the state radio and TV. 

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Art 15:

State authority bodies of the Republic of Tajikistan render support the registered political party:

-providing the equal access to state mass media;

-ensuring equality of opportunities for holding election campaigns.

In case of suspension of party's activities in accordance with the provisions of article 21 of this Law, the government support will be temporary suspended.

In case of the ban on political party activities, from the date of the decision of the Supreme Court of the Republic of Tajikistan on banning party's activity, the government support will be stopped.  

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

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

Registered parties

Source

Art 39.

[...]

Equal conditions of access to Mass Media are guaranteed to candidates and political parties.

[...]

Each candidate to deputies in the single mandate district has right to 20 minutes and each political party has the right to have 40 minutes airtime in the state radio and TV. 

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Art 15:

State authority bodies of the Republic of Tajikistan render support the registered political party:

-providing the equal access to state mass media;

-ensuring equality of opportunities for holding election campaigns.

In case of suspension of party's activities in accordance with the provisions of article 21 of this Law, the government support will be temporary suspended.

In case of the ban on political party activities, from the date of the decision of the Supreme Court of the Republic of Tajikistan on banning party's activity, the government support will be stopped.  

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

Art 39.

[...]

Equal conditions of access to Mass Media are guaranteed to candidates and political parties.

[...]

Each candidate to deputies in the single mandate district has right to 20 minutes and each political party has the right to have 40 minutes airtime in the state radio and TV. 

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Article 5.

Expenses with regard to preparation and conduction of the election of the President shall be covered at the expenses of the budget of the Republic of Tajikistan.

Article 27.

Candidates to the post of the President of the Republic of Tajikistan from the moment of their registration by the Central Commission for Elections and Referenda shall participate on equal basis in the pre-election campaign, having equal rights for the utilization of mass media opportunities, including radio and TV in the territory of the Republic of Tajikistan. 

(Constitutional law of the Republic of Tajikistan on Election of the President of the Republic of Tajikistan, 1994, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=7 accessed January 2018).

Para: IX:  C. Coverage of the Election Campaign 

The PEL grants each nationwide list 40 minutes and each single-mandate candidate 20 minutes of free airtime on state-owned television or radio, slightly more than in previous elections. However, single-mandate candidates could not use regional or local state media to air their campaign broadcasts. The PEL does not stipulate when the free airtime should be broadcast or on which stations.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

Para XI: The Media

A: The legal Framework

The legal framework governing the campaign in the media is rudimentary.The PEL provides contestants with the right to participate on an equal basis in the pre-election campaign, including in the state media. It grants the CCER responsibility for creating equal campaign conditions. On this basis, the CCER passed a decision allocating 30 minutes of free airtime on one state broadcast media to each candidate. Proxies of each candidate were entitled to an extra 20 minutes of free airtime. Candidates were also equally allocated ten A4 pages of printed space in the state newspapers. The state media gave all six candidates (or their proxies) an equal share of free airtime for the presentation of their campaign platforms. The three nationwide state television channels (Shabakai 1, TV Safina and TV Johonnamo) each provided the candidates with some 30 minutes of free airtime, a total of 90 minutes of combined airtime per candidate (three times more than stipulated in the original CCER decision). Representatives of the State Committee for Television and Radio (SCTR) explained to the OSCE/ODIHR EOM that the additional free airtime candidates received was to compensate for time allocated but not used by candidates’ proxies. This initiative effectively by-passed the CCER decision.

(Source: OSCE/ODIHR Election Observation Mission Final Report, Presidential Election, 6 November 2013, Republic of Tajikistan, available at  http://www.osce.org/odihr/110986?download=true accessed January 2018).

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

Assistance in conducting meetings and providing premises. Free use of any kind of public urban or intercity transport (except for taxi) by presidential candidates.

Source

Art 15:

State authority bodies of the Republic of Tajikistan render support the registered political party:

-providing the equal access to state mass media;

-ensuring equality of opportunities for holding election campaigns.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

 

Article 27. Equal material, technical and financial conditions in the election campaign shall be provided to all registered candidates to the post of the President.

[...]

Election commissions, local government bodies shall provide equipped venues for candidates to the post of the President for conduction of meetings. Electorate shall be informed about the time and place of meetings. State bodies, public associations, leaders of enterprises, institutions and organizations shall be responsible to assist the candidates to the post of the President in organizing of meetings with the electorate and obtaining necessary informational materials.

[...]

Candidates to the post of the President have right to use any kind of public urban or intercity transport (except for taxi) means free of charge in the territory of the Republic of Tajikistan.

(Constitutional law of the Republic of Tajikistan on Election of the President of the Republic of Tajikistan, 1994, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=7 accessed January 2018).

Article  39.

Citizens, candidates, political parties can ccampaign freely and in legal forms and ways for participation in elections; discuss the pre-election platforms, political, business and personal characteristics of candidates as well as pre-election platforms of political parties, campaign for or against candidates during meetings and via media. Election commissions of the local power organs and local self-government bodies assist in conducting these meetings, provide premises, inform in advance about the time and location of meetings and make other necessary arrangements.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
Source

Para VIII: 

Consideration could be given to introducing temporary special legislative measures to promote women candidates. Political parties should consider nominating a minimum number of candidates of each gender.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Source

Para VIII: 

Consideration could be given to introducing temporary special legislative measures to promote women candidates. Political parties should consider nominating a minimum number of candidates of each gender.

(OSCE/ODIHR Election Observation Mission Final Report, Parliamentary Elections, March 2015, Republic of Tajikistan, available at http://www.osce.org/odihr/elections/tajikistan/158081?download=true accessed January 2018).     

Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

Article  58.

Persons who impede the citizens of Republic of Tajikistan to free use of their suffrage and of their right to be elected and the right of conducting of pre-electoral campaign, by force, deceptions, threats and by other ways and also the members of the electoral commissions, officials from the state agencies and political parties, who commit falsification of the electoral documents and intentionally count the votes in wrongly, infringe the secrecy of voting and infringe this law in other ways are brought to responsibility in accordance with the provisions of law. Also, persons who humiliate the honor and dignity of the candidate by publication of defamation in press or by other means, or insult the members of electoral commissions are also called for responsibility.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

 

Article 37. Persons who by force, fraudulence, threat or other ways impede citizens of the Republic of Tajikistan in exercising right to elect or be elected the President of the republic or in conducting of pre-election campaign, as well as members of election commissions and government and public officials, who knowingly falsify electoral papers, miscount votes, violate secret ballot or commit other violations of the present Constitutional law shall respond in accordance with Law.

(Constitutional law of the Republic of Tajikistan on Election of the President of the Republic of Tajikistan, 1994, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=7 accessed January 2018).

39. Are there limits on the amount a political party can spend?
Code
No
Comment

There is only a limit on the maximum size of the electoral fund.

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9

The maximum size of the electoral fund of a candidate to deputies shouldn't exceed 1500 (one thousand five hundred) and the one of a political party 30 000 (thirty thousand) calculation indicators.  

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
Comment

There is only a limit on the maximum size of the electoral fund of candidates.

As of 2017 the calculation indicator is equivalent to 50 Tajikistani Somoni (TJS). 

Source

Article 9.

The maximum size of the electoral fund of a candidate to deputies shouldn't exceed 1500 (one thousand five hundred) and the one of a political party 30 000 (thirty thousand) calculation indicators. 

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

Article 16. Control of financial activities of a political party

The party's governing body is obliged to publish in the mass media a financial report on the sources, amounts and expenditure of funds received by the party's cash desk during the reporting year, as well as on the property of the party, indicating its value and information on state registration and payment of taxes.

Verification of the financial report of the political party, information on the receipt and expenditure of political parties' funds, compliance with the rules for the legalization of property assets is carried out by the relevant government body.

Information on the results of the audit of financial reports of political parties is communicated to the relevant political parties and is published annually in the media, and also an additional month before the election campaign.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

50. Do third parties have to report on election campaign finances?
Code
No
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Source

Article 16. Control of financial activities of a political party

The party's governing body is obliged to publish in the mass media a financial report on the sources, amounts and expenditure of funds received by the party's cash desk during the reporting year, as well as on the property of the party, indicating its value and information on state registration and payment of taxes.

Verification of the financial report of the political party, information on the receipt and expenditure of political parties' funds, compliance with the rules for the legalization of property assets is carried out by the relevant government body.

Information on the results of the audit of financial reports of political parties is communicated to the relevant political parties and is published annually in the media, and also an additional month before the election campaign.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Source

Article 16. Control of financial activities of a political party

The party's governing body is obliged to publish in the mass media a financial report on the sources, amounts and expenditure of funds received by the party's cash desk during the reporting year, as well as on the property of the party, indicating its value and information on state registration and payment of taxes.

Verification of the financial report of the political party, information on the receipt and expenditure of political parties' funds, compliance with the rules for the legalization of property assets is carried out by the relevant government body.

Information on the results of the audit of financial reports of political parties is communicated to the relevant political parties and is published annually in the media, and also an additional month before the election campaign.

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

Article13:

The material assitance to political parties in the form of cash should be turned into  transfer to the electoral account of a political party. In the event that cash are paid by individuals and legal entities in the manner prescribed by the legislation of the Republic of Tajikistan, they are transferred to the account of the political party after mandatory official documents are issued. (ZRT dd. 08.08.15, No. 1209)

Information on the legal entity, taxpayer identification number, name and bank details of the legal entity is indicated in the payment document or document on transfer of funds. 

A citizen of the Republic of Tajikistan has the right to provide material assistance in the form of money resources at his own expense, transferring them to the account of a political party, or to the accounting department of the regional, city, regional and central bodies of a political party. When transferring funds, a document proving the identity of a citizen of the Republic of Tajikistan, a document on payment of taxes for the last three months, and the payment document or document on the transfer of funds indicate the name, first name, patronymic and identification number of the taxpayer should be presented. 

(Law of the Republic of Tajikistan on Political Parties, 1998, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

 

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

Article 16. Control of financial activities of a political party

The party's governing body is obliged to publish  in the meadi a financial report on the sources, amounts and expenditure of funds received by the party's cash desk during the reporting year, as well as on the property of the party, indicating its value and information on state registration and payment of taxes.

Verification of the financial report of the political party, information on the receipt and expenditure of political parties' funds, compliance with the rules for the legalization of property assets is carried out by the relevant government body.

Information on the results of the audit of financial reports of political parties is communicated to the relevant political parties and is published annually in the media, and also an additional month before the election campaign.

(Law of the Republic of Tajikistan on Political Parties, 1998, avaliable at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

Article 9.

[...]

The Central Commission for Elections and Referendums of the Republic of Tajikistan establishes the type of financial report of election commissions on the funds allocated and spent for the conduct of elections, as well as the financial report of a candidate for deputy and political party on the receipts and expenditures of their election fund funds.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

Article 16. Control of financial activities of a political party

The party's governing body is obliged to publish  in the meadi a financial report on the sources, amounts and expenditure of funds received by the party's cash desk during the reporting year, as well as on the property of the party, indicating its value and information on state registration and payment of taxes.

Verification of the financial report of the political party, information on the receipt and expenditure of political parties' funds, compliance with the rules for the legalization of property assets is carried out by the relevant government body.

Information on the results of the audit of financial reports of political parties is communicated to the relevant political parties and is published annually in the media, and also an additional month before the election campaign.

(Law of the Republic of Tajikistan on Political Parties, 1998, avaliable at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=58, accessed January 2018).

Article 9.

[...]

The Central Commission for Elections and Referendums of the Republic of Tajikistan establishes the type of financial report of election commissions on the funds allocated and spent for the conduct of elections, as well as the financial report of a candidate for deputy and political party on the receipts and expenditures of their election fund funds.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Source

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

 (Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Source

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Impose sanctions
Source

Article 9:

The Central Commission for Elections and Referenda of the Republic of Tajikistan exercises control over the purposeful use of funds allocated by the relevant election commission for conducting elections, as well as control over the receipt, sources of proper registration and targeted use of electoral funds of a candidate for deputies and political parties.

A candidate for deputies and a political party can not use other means to conduct elections except for the funds of the candidate's deputy and political party fund. If the candidate for deputy and the political party use other means, with the exception of the funds of the electoral fund of the candidate for deputy and political party, the corresponding election commission may cancel the decision on registration of the candidate for deputy and the submitted list of candidates from political parties.

The use of state property and funds not provided for in the Law is prohibited.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

58. What sanctions are provided for political finance infractions?
Code
Deregistration of party
Source

Article 9:

[...]

A candidate for deputies and a political party can not use other means to conduct elections except for the funds of the candidate's deputy and political party fund. If the candidate for deputy and the political party use other means, with the exception of the funds of the electoral fund of the candidate for deputy and political party, the corresponding election commission may cancel the decision on registration of the candidate for deputy and the submitted list of candidates from political parties.

The use of state property and funds not provided for in the Law is prohibited.

(Constitutional Law of the Republic of Tajikistan, On Elections to the Majlisi Oli of the Republic of Tajikistan, 1999, available at http://base.mmk.tj/view_sanadhoview.php?showdetail=&sanadID=6 accessed January 2018).

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