Turkmenistan

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

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

    Only if the corporation includes foreign capital or legal persons which have been registered for less than twelve months.

  • Source

    Article 27. Donations to political parties

    [...]

    3. Political parties shall be prohibited from accepting donations from:

    1) foreign states, and natural and legal persons of foreign states; 

    [...]

    9) legal persons which have been registered for less than twelve months; 

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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

    Trade Unions are not included.

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

7. Is there a ban on anonymous donations to political parties?
8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
  • Source
10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment
  • Source
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    State owned media must be impartial and state employees must not campaign while on duty.

  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true 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?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    Article 27. Donations to political parties

    [...]

    2. Monetary donations to political parties can be carried out in cash and non-cash forms. The size of cash donations to political parties from one person can not exceed in a year tenfold of the average monthly wage of Turkmenistan.

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

     

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

    Article 28. Economic activity of political parties

    1. Political parties are independent in economic activities, carried out for the purpose of material support of their tasks, including the solving of issues of entrepreneurship, the receipt of financial resources and the acquisition of other property, wage issues solution, and implement it in accordance with the legislation of Turkmenistan, the Charter and the Program. Political parties are entitled to perform charitable activities.

    2. In order to achieve the goals and solve the tasks specified in the Charter and the Program, political parties can engage with the following types of entrepreneurial activity in accordance with the established procedure:

    1) production of information, advertising, printing and printing activities to promote views, goals and objectives, to publicize the results of their activities;

    2) the production and sale of symbols, souvenirs, gifts, as well as printed and printed products;

    3) sale and lease of property in their ownership.

    3. Political parties have no right, except as provided in part two of this article, to act as founders of commercial organizations, to profit from shares and securities or engage in other types of business.

    4. Profits from the entrepreneurial activity of political parties can not be distributed among their members and is used only for purposes stipulated by the Charter.

    5. The results of economic activities of political parties in accordance with the established procedure shall be indicated in the final financial report.

    6. Financial assets, property and other profits received from unauthorized sources are transferred to the State Budget of Turkmenistan.

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, in relation to campaigns
  • Comment

    Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state,  but there are limited provisions regulating campaign finance.

  • Source

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. 

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    SECTION XVI. FINANCING OF ELECTIONS, REFERENDUMS

    Article 88. Financing of elections, referenda

    1. Expenses for the preparation and conduct of elections, a nationwide referendum are financed from the State Budget of Turkmenistan.

    The costs of preparing and holding a local referendum are financed from the budget of the corresponding Gengesh.

    The procedure for financing elections, referendums is determined by the Central Election Commission in coordination with the Ministry of Finance of Turkmenistan.

    2. It is not allowed to finance elections, referenda in any form by state authorities and local self-government bodies, individuals and legal entities, as well as foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representative offices, foreign citizens, international organizations registered in Turkmenistan by legal entities whose participants are foreign physical and legal entities idiotic persons.

    Financing programs to improve electoral legislation, information, educational, research programs, programs for the technical preparation of elections, referendums, enhance the legal culture of participants in the electoral process is not a financing for elections or referendums.

    3. The following expenditures are financed from the state budget of Turkmenistan and the budget of the Gengesh:

    1) the production of printed materials and the implementation of publishing activities;

    2) acquisition, delivery and installation of equipment, other material assets necessary for the conduct of elections, referendums and ensuring the operation of election commissions;

    3) ensuring communication with election commissions (telephone, facsimile, postal, electronic), transportation costs associated with the preparation and conduct of elections, referendum;

    4) delivery, storage of election documents, preparation for transfer to the archive or for destruction;

    5) publication of lists of electoral districts and polling stations with indication of their boundaries, location, and the composition of precinct election commissions;

    6) provision of free airtime, free print space to candidates, initiative groups of the referendum;

    7) publication in the mass media of the messages of election commissions;

    8) catering on the day of elections, referendum for members of election commissions (in the amount of per diem per person);

    9) other expenses related to the preparation and conduct of elections, referendum, as well as ensuring the activities of election commissions.

    4. Election commissions spend funds allocated for the preparation and conduct of elections, referendum in accordance with the approved cost estimates. A higher election commission may pay the costs of subordinate election commissions in a centralized manner.

    5. The election commissions of etraps and cities shall submit to the election commission of the velayat a report on the expenditure of financial resources not later than fifteen days after the election day, a nationwide referendum. The election commissions of the velayats present to the Central Election Commission a report on the expenditure of financial resources not later than one month from the date of the election, a nationwide referendum.

    6. The Central Election Commission submits to the Cabinet of Ministers of Turkmenistan and the Ministry of Finance of Turkmenistan a report on the expenditure by the election commissions of funds allocated from the State Budget of Turkmenistan for the preparation and conduct of elections and a nationwide referendum.

    The election commission of the city in the etrap, town, gengeshlika submits to the corresponding Gengesh a report on the expenditure of funds allocated from the budget of the Gengesh to prepare and hold a local referendum.

    7. The chairmen of election commissions dispose of the allocated funds and bear responsibility for the compliance of financial documents with the decisions of the election commissions on financial matters.

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. 

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    SECTION XVI. FINANCING OF ELECTIONS, REFERENDUMS

    Article 88. Financing of elections, referenda

    [...]

    3. The following expenditures are financed from the state budget of Turkmenistan and the budget of the Gengesh:

    [...]

    6) provision of free airtime, free print space to candidates, initiative groups of the referendum;

    [...]

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

    Article 64. Conduct of Election Campaigning on TV and Radio

    1. Candidates, initiative groups of referendum shall have the right to free broadcasting time on state TV and radio channels. The indicated broadcasting time shall be from 7 p.m. to 11 p.m. except for the time assigned for official information programmes.

    2. The total volume of free broadcasting time shall be no less than one hour. The specified free broadcasting time shall be distributed among candidates on an equal basis. Candidates may not use free broadcasting time to campaign for other candidates.

    3. No less than one third of the total volume of free broadcasting time shall be allocated for candidates to conduct joint discussions, “round table” meetings and other similar campaigning events. In joint campaigning events on TV or radio channels, candidates may participate only personally. A refusal to participate in a joint campaigning event shall not entail additional free broadcasting time for the candidate who refused to participate in such an event. If a candidate could not participate in a joint campaigning event due to valid reasons, he/she along with other candidates who did not participate in a joint campaigning event may use the broadcasting time they are entitled to.

    (Electoral Code of Turkmenistan, 2013, available at http://www.legislationline.org/download/action/download/id/5097/file/Turkmenistan_law_approval_Electoral%20Code_2013_en.pdf  accessed January 2018).

     

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

    General provision of free airtime and free print space.

  • Source

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. 

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    SECTION XVI. FINANCING OF ELECTIONS, REFERENDUMS

    Article 88. Financing of elections, referenda

    [...]

    3. The following expenditures are financed from the state budget of Turkmenistan and the budget of the Gengesh:

    [...]

    6) provision of free airtime, free print space to candidates, initiative groups of the referendum;

    [...]

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

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

    XI. MEDIA

    B. LEGAL FRAMEWORK

    The Election Code provides the right to free airtime on state TV and radio, not less than an hour a day in total, divided between the candidates on an equal basis over the course of the campaign, however, it does not provide for the obligation of the media to report objectively. The provision of a third of the volume of free airtime to ‘joint discussions, round table meetings and similar campaign events’ was not implemented. The Code obliges state print media to publish material provided by candidates free of charge and on an equal basis, which was broadly respected.

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    Article 64. Conduct of Election Campaigning on TV and Radio

    1. Candidates, initiative groups of referendum shall have the right to free broadcasting time on state TV and radio channels. The indicated broadcasting time shall be from 7 p.m. to 11 p.m. except for the time assigned for official information programmes.

    2. The total volume of free broadcasting time shall be no less than one hour. The specified free broadcasting time shall be distributed among candidates on an equal basis. Candidates may not use free broadcasting time to campaign for other candidates.

    3. No less than one third of the total volume of free broadcasting time shall be allocated for candidates to conduct joint discussions, “round table” meetings and other similar campaigning events. In joint campaigning events on TV or radio channels, candidates may participate only personally. A refusal to participate in a joint campaigning event shall not entail additional free broadcasting time for the candidate who refused to participate in such an event. If a candidate could not participate in a joint campaigning event due to valid reasons, he/she along with other candidates who did not participate in a joint campaigning event may use the broadcasting time they are entitled to.

    (Electoral Code of Turkmenistan, 2013, available at http://www.legislationline.org/download/action/download/id/5097/file/Turkmenistan_law_approval_Electoral%20Code_2013_en.pdf  accessed January 2018).

35. Are there provisions for any other form of indirect public funding?
  • CodeSpace for campaign materials
  • Comment
  • Source

    SECTION XVI. FINANCING OF ELECTIONS, REFERENDUMS

    Article 88. Financing of elections, referenda

    1. Expenses for the preparation and conduct of elections, a nationwide referendum are financed from the State Budget of Turkmenistan.

    [...]

    3. The following expenditures are financed from the state budget of Turkmenistan and the budget of the Gengesh:

    1) the production of printed materials and the implementation of publishing activities;

    2) acquisition, delivery and installation of equipment, other material assets necessary for the conduct of elections, referendums and ensuring the operation of election commissions;

    3) ensuring communication with election commissions (telephone, facsimile, postal, electronic), transportation costs associated with the preparation and conduct of elections, referendum;

    4) delivery, storage of election documents, preparation for transfer to the archive or for destruction;

    5) publication of lists of electoral districts and polling stations with indication of their boundaries, location, and the composition of precinct election commissions;

    6) provision of free airtime, free print space to candidates, initiative groups of the referendum;

    7) publication in the mass media of the messages of election commissions;

    8) catering on the day of elections, referendum for members of election commissions (in the amount of per diem per person);

    9) other expenses related to the preparation and conduct of elections, referendum, as well as ensuring the activities of election commissions.

    Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

    VIII. CANDIDATE REGISTRATION

    [...]

    There are no requirements for gender representation of candidates or elected members of parliament. Consideration could be given to introducing temporary special legislative measures to promote women’s political participation. Political parties could consider nominating a minimum number of candidates of each gender.

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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

    Article 3. Principles of the Conduct of Elections and Referenda

    [...]

    7. Voting at elections and referenda (hereinafter – voting) shall be secret. Control over the expression of the will of voters shall not be permitted.

     

    Article 92.

    Liability for Violation of Voting Rights of Citizens According to the laws of Turkmenistan, liability for violation of the voting rights of citizens shall be imposed on persons who:

    1) obstruct by means of violence, deceit, threats, forgery or in any other way free exercise by citizens of Turkmenistan of their right to elect and be elected or violate the secrecy of voting, the rights of citizens to familiarize themselves with the voter lists, or who bribe voters;

    2) abuse their official or employment position or violate the rules for funding elections, a referendum including persons who detain the transfer of funds to election commissions, or those who issue voting papers to citizens for the purposes of voting for somebody else, or those having forged electoral documents, who knowingly drew up and issued forged documents, conducted incorrect vote counting, or knowingly established incorrect voting results and an incorrect elections’, referendum’s outcome, as well as those who failed to present or publish information on the voting results or an elections’, referendum’s outcome in violation of their responsibilities;

    3) spread deliberately false information on candidates or commit other actions damaging the honor and dignity of candidates, their close relatives and persons authorized by candidates or violating the rights of voters, candidates, persons authorized by candidates, initiative groups of referendum, members of election commissions, observers, representatives of the mass media;

    4) obstruct the exercise of the voting rights at the polling stations or violate the rules of election campaigning, including those who campaign on election, a referendum day or impede or interfere illegally in the work of election commissions connected with the performance of their obligations, or who illegally took out voting papers from the voting premises.

    (Electoral Code of Turkmenistan, 2013, available at http://www.legislationline.org/download/action/download/id/5097/file/Turkmenistan_law_approval_Electoral%20Code_2013_en.pdf  accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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?
  • CodeNo
  • Comment
  • Source
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?
  • CodeYes
  • Comment
  • Source

    VIII. ELECTION CAMPAIGN

    The CEC produced one standard poster with the photos and names of all candidates, their short biographies and platforms. The poster was produced in the Turkmen and Russian languages. According to the CEC, posters were put up at 170 locations in Ashgabat, and were also extensively displayed in other regions and districts. No other campaign materials were used. The incumbent’s image and citations from his works graced every newspaper, and were featured predominantly on outdoor billboards as well as inside public buildings’ halls where opponents held their rallies and, often, at polling stations, giving him an unfair advantage. The candidates had a negligible online presence. None had a campaign website. In view of a complete restriction on access, popular social media were not used for campaigning. Consideration should be given to further elaborating campaign regulations in order to explicitly provide for and encourage candidates to produce and disseminate their own campaign materials, in print and on the Internet.

    X. MEDIA

    A. MEDIA ENVIRONMENT The media landscape is characterized by the State’s de facto monopoly and strict control of all news and information services. All audio-visual media as well as the vast majority of print media are stateowned. Access to information remains extremely limited regarding both foreign and domestic affairs. Despite the fact that the 2012 Law on Mass Media set the foundations for the development of a private media sector, only four new private weeklies have entered the market along with a few news portals. The OSCE Representative on Freedom of the Media (RFoM) expressed concerns that the law contains restrictive regulations, including disproportionate limitations on online content, such as making users liable for truthfulness of all information posted by them.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    XI. MEDIA

    A. MEDIA LANDSCAPE News and information services inside Turkmenistan are strictly controlled and monopolized by the state. The access of citizens to information about what is happening in their own country is severely limited, but this is mediated to a degree by their access to foreign satellite and online media.

    Consideration should be given to relax restrictions on the right to free expression on the Internet and to promote universal access to the Internet.

    (OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

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

    IX. CAMPAIGN FINANCE

    Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.

    (OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).

    X. CAMPAIGN FINANCE

    While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.

    OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).

    Article 34. Powers of the Election Commission of Etraps, Cities and Towns

    [...]

    7) hear reports of the heads of relevant polling station election commissions, political parties, public associations, establishments, organizations and enterprises regarding matters connected with the preparation and conduct of elections, referenda;

    Article 35. Powers of the Election Commission of Constituencies

    [...]

    3) hear reports of the heads of relevant polling station election commissions, political parties, public associations, establishments, organizations and enterprises regarding matters connected with the preparation and conduct of elections;

    Chapter XVI. FUNDING OF ELECTIONS, REFERENDA Article 88. Funding of Elections, Referenda

    [...]

    5. Election commissions of etraps, cities, towns shall submit to the election commission of the velayat a report on the spending of funds within fifteen days after election, a public referendum day. Election commissions of velayats shall submit to the Central Election Commission a report on the spending of funds within one month after election, a public referendum day.

    Article 89. Control Over Spending of Funds Allocated For the Preparation and Conduct of Elections, Referenda

    [...]

    4. Under the decision of the Central Election Commission, relevant Gengesh the auditing group shall: 1) audit financial reports of election commissions; 2) receive from candidates, election commissions, state agencies, physical persons and legal entities information regarding all matters within its competence. Responses to requests of the auditing group and materials requested by it shall be provided within a three-day period, and if it is five or less days prior to the voting day and on the voting day – immediately;

    (Electoral Code of Turkmenistan, 2013, available at http://www.legislationline.org/download/action/download/id/5097/file/Turkmenistan_law_approval_Electoral%20Code_2013_en.pdf  accessed January 2018).

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment
  • Source
49. Do candidates have to report on their election campaign finances?
  • CodeNo
  • Comment
  • Source
50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeNot applicable
  • Comment
  • Source
52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNot applicable
  • Comment
  • Source
53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeNot applicable
  • Comment
  • Source
54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNot applicable
  • Comment
  • Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeNot applicable
  • Comment
  • Source
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • Code Not applicable
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeSuspension of political party | Other
  • Comment

    Parties breaking the law can receive a warning, and is suspended if the warning is ignored.

  • Source

    Article 33. (1)

    1. In case political parties, their organizations and structural subdivisions violate the Constitution of Turkmenistan, this Law and other regulatory and legal acts of Turkmenistan, as well as their charters and programmes, the Ministry of Adalat of Turkmenistan shall issue a written warning to them and set a deadline of at least one month for redressing these violations. If political parties fail to eliminate the afore?mentioned violations within the set deadline, activities of such political parties may be suspended by a court?s decision based on a statement of claim by the Ministry of Adalat of Turkmenistan for up to six months.

    (Law of Turkmenistan on Political Parties, 2012 available at http://asgabat.net/stati/zakonodatelstvo-turkmenistana/zakon-turkmenistana-o-politicheskih-partijah.html  accessed January 2018).

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.