Ukraine

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

    I. Voluntary donations shall not be made by: 1) foreign citizens and individuals without citizenship;

    II. Foreigners and persons without citizenship, in particular through journalistic activities or in the form of participation in concerts, performances, sport competitions, and other public events conducted in support of a party that is an electoral subject or an MP candidate

  • Source

    I. Article 50 in the wording of the Law № 709-VII dd. 21.11.2013 of Ukraine on Election of the People's deputies of Ukraine

    II. Article 74 of the Law of Ukraine on Election of the People's deputies of Ukraine

     

     

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

    I. Voluntary donations to the electoral fund shall not be made by: 1) foreign citizens and individuals without citizenship;

    II. Foreigners and persons without citizenship, in particular through journalistic activities or in the form of participation in concerts, performances, sport competitions, and other public events conducted in support of a party that is an electoral subject or an MP candidate

  • Source

    I. Article 50 in the wording of the Law № 709-VII dd. 21.11.2013 of Ukraine on Election of the People's deputies of Ukraine

    II. Article 74 of the Law of Ukraine on Election of the People's deputies of Ukraine

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

    Article 15. Finance RestrictionsFinancing political parties shall be prohibited:(1) on the part of bodies of state authority and local self- government, except in cases envisaged by the law;(2) on the part of state and municipally owned enterprises, institutions, and organisations, as well as by enterprises,institutions, and organisations having government or municipal shares or with a foreign interest;(3) on the part of other countries and foreign nationals, enterprises, institutions, and organisations;(4) on the part of benevolent and religious associations and organisations;(5) on the part of anonymous persons or persons using pseudonyms;(6) on the part of political parties other than members of the election bloc.Banks shall notify the Ministry of Justice of Ukraine of any entries on political parties' accounts contrary to this Law.Funds received by political parties contrary to this Law shall be transferred by these parties to the State Budget of Ukraine orexacted by a court of law for the benefit of the state.

  • Source

    Article 15 of the law on Political Parties in Ukraine

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

    MP candidates shall not use corporate vehicles, means of communication, equipment, premises, other objects or resources at the place of his or her work, staff or production meetings, or corporate meetings for election campaigning, or to engage the following persons in his or her election campaign activity or use them for any kind of activity associated with election campaigning

  • Source

    Article 22 of the Law on Parliamentary Elections

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

    Article 15, 'Financing political parties shall be prohibited:(1) on the part of bodies of state authority and local self- government, except in cases envisaged by the law;(2) on the part of state and municipally owned enterprises, institutions, and organisations, as well as by enterprises,institutions, and organisations having government or municipal shares or with a foreign interest;(3) on the part of other countries and foreign nationals, enterprises, institutions, and organisations;(4) on the part of benevolent and religious associations and organisations;(5) on the part of anonymous persons or persons using pseudonyms;(6) on the part of political parties other than members of the election bloc.Banks shall notify the Ministry of Justice of Ukraine of any entries on political parties' accounts contrary to this Law.Funds received by political parties contrary to this Law shall be transferred by these parties to the State Budget of Ukraine orexacted by a court of law for the benefit of the state.'[Trade unions are not mentioned]

  • Source

    Article 15 of the law on Political Parties in Ukraine

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

    P 96, '...the national laws on the financing of political parties and electoral campaigns are at variance with each other. For instance, political parties can be financed by legal entities while candidates in elections cannot.'

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

    P 96, 'Foreigners, stateless persons, and anonymous contributors are not allowed to make dona-tions to election funds of political parties, blocs and candidates in both national and localelections'

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

    P 96, 'Foreigners, stateless persons, and anonymous contributors are not allowed to make donations to election funds of political parties, blocs and candidates in both national and localelections'

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

    answered before

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

    answered before

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

    answered before

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

    Legal entities (except the nominating parties), foreigners, stateless persons and anonymous contributors are prohibited from making donations to election funds of political parties, blocs and candidates in presidential, parliamentary or local elections.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    P 97, 'Current legislation does not limit the value of donation to a political party from any donor.'

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?
  • CodeYes, for both natural and legal persons
  • Comment

    P7 'Law  731-VIII harmonises the electoral provisions regulating presidential and parliamentary elections on fund raising, in particular in terms of voluntary contributions to the accounts of an election fund. The amended law limits the maximum amount of a voluntary contribution to the election fund by eight hundred minimum wages (around EUR 40,000) for legal entities and by four hundred minimum wages (around EUR 20 000) for private persons (Article 15 of the Law on Political Parties, part two of Article 43 of the Law on Presidential Elections, part two of Article 50 of the Law on Parliamentary Elections, as worded by the Law 731-VIII).' (Source: GRECO (December 2015) Third Interim Compliance Report on Ukraine: 'Incriminations (ETS 173 and 191, GPC 2)', 'Transparency of Party Funding')

  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNo data
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment

    P 97f, 'In presidential elections, there is no limit set on the amount that can be contributed to theelection fund of a presidential candidate by the candidate himself/herself or by the party orbloc that nominated the candidate for elections. Donation from an individual to the electionfund of a presidential candidate should not exceed 400 times the minimum monthly wage(UAH 353,600 or EUR 36,254)....In local elections, donations from a local party organization to its own election fund or theelection fund of the bloc, as well as to the election fund of a candidate nominated by the localparty organization to a single-member constituency are not restricted in amount or number.In a single-member constituency, donations from candidates to their own election funds are not restricted as well. Donations from an individual to any election fund in any local elections cannot exceed ten times the minimum monthly wage (UAH 8,840 or EUR 906).' (Source: Kovryzhenko, Denys (2010) Regulation of Political Parties in Ukraine, Agency for Legislative Initiatives & OSCE/ODIHR)

  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code Limit is 10 to 400 minimum salaries depending on election
  • Comment

    400 minimum salaries for Presidential elections, 20 for Parliamentary, 10 for local elections. Limit does not apply for donations from nominating political party or from the candidate her/himself.

    Art 50.2, 'A voluntary donation to the electoral fund of one party shall not exceed four hundred minimum salaries, while a voluntary donation to the electoral fund of an MP candidate in a single-mandate election district shall not exceed twenty minimum salaries. There shall be no limit on the amount or number of transfers that parties or MP candidates in single-mandate election districts may make to their own electoral funds from their own resources.'

  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    2. Voluntary donations and own resources of a party or an MP candidate in a single-mandate district transferred to the Electoral fund account shall not be restricted in terms of the amount (within limits set for the amount of the electoral fund of a party or an MP candidate provided for in Part 1 Article 48 of this Law) and the number of transfers which is  4 000 minimum salaries.

     

     

  • Source

    {Part 2 Article 50 in the wording of the Law № 709-VII dd. 21.11.2013}

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

    Donations in kind – such as services rendered, execution of works, provision of free transportation or advertising etc. – are not foreseen by the laws, i.e. they are neither prohibited nor regulated. No value thresholds are fixed; section 8 LCA states that Parliament defines the maximum amounts of annual donations to political parties, but in reality no such restrictions have ever been established

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    The authorities indicate that due to the fact that only monetary contributions to election funds are permitted, donations in kind are excluded.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    Political parties may acquire movable and immovable property in order to carry out their statutory tasks as non-profit organisations, but section 22 LCA makes it clear that they are prohibited from obtaining income from shares and other securities. Pursuant to section 24 LCA, parties may neither found enterprises, except in the media sector,15 nor carry out economic and other commercial activities, except for selling social and political literature, other promotional materials 15 See also section 12 LPP: Political parties have the right to set up their own media.  and merchandising, organising festivals, exhibitions, lectures and other social and political events. The authorities indicate that fundraising activities are allowed within these limits.

  • Source

    Article 14 of the Law on Political Parties

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

    Material and financial support to political parties shall be provided in the form of: 1) donations in support of political parties; 2) public funding of statutory activities of political parties in accordance with the procedures established by this Law and other laws of Ukraine.

    A donation in support of political party shall mean the monetary funds or other property, benefits, allowances, services, loans (credits) included

  • Source

    Article 14 of the Law on Political Parties

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

    Loans may be used for financing election campaigns only if they are transferred to the election fund concerned.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    Donations in support of political parties shall be prohibited if they are made by also -  natural and legal persons who entered public procurement contracts in accordance with the Law on Public Procurement (during the period of the contract implementation and during one year following the contract’s termination unless a total amount received under such contract during the period of the contract implementation and two years following its termination does not exceed ten per cent of the total amount of incomes of the natural or legal person over the respective period); and

    There are no restrictions on parliamentarians, in a private capacity, entering, either directly or through a business interest, into contracts with a State authority. The Law on Public Procurement includes specific provisions banning participation in public tenders if the person/legal entity has been involved in a corruption-related offence or does not have a corruption prevention programme in place, as applicable.

  • Source

    Article 15 of the LPP

    FOURTH EVALUATION ROUND GRECO

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

    Political Parties: No later than on the 40th day following the end of each quarter, a political party shall submit to the National Agency for Prevention of Corruption a hard copy (signed by the party's head and bearing the party's seal) and electronic copy of the party’s financial report on property, incomes, expenses and financial obligations for the respective quarter and publish such a report in full on its official website (if any) within the same term. The report shall specify full name and place of residence of a natural person. Other information on the natural person shall not be made public.

    Election subjects:

    Financial statements on the receipt and use of election funds are to be published 1) in presidential elections, by the CEC in the official journals “Voice of Ukraine” and “Government Express” not later than on the eighteenth day after the day of elections;20 and 2) in local elections, by the relevant TEC in the local press within five days from the date of receipt of the statement.21 However, only general information on income and expenses from election funds is published, namely the total value of individual donations, of the candidate’s or the party’s own funds and of the campaign expenditure. The more detailed descriptive information contained in the reports is submitted to the election commission concerned but not made public.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    The State Budget funds shall be allocated to: 1) funding of the the statutory activities of political parties not related relate to their participation in presidential, parliamentary or local elections, including remuneration of the members of the statutory bodies of the party and its local organizations pursuant to the procedure specified in the legislation; 2) the reimbursement of the party expenses on election campaigning in the regular or pre-term parliamentary elections. If the State Budget is divided into the general and special funds, the expenses provided for by Part 1 of this Article shall be covered from the general fund of the State Budget.

  • Source

    Article 17-1 of The LPP

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

    Article 17-3. Grounds and procedures for obtaining right to public funding of statutory activities of political party A political party shall have the right to public funding of its statutory activities if in the recent regular or pre-term parliamentary elections its list of candidates in the nationwide multi-member constituency received no less than two percent of the votes who voted for all party lists of candidates in the nationwide multi-member constituency. To receive funds from the State Budget of Ukraine allocated to public funding of the statutory activities of the political party, the party shall open a separate account in the national currency of Ukraine in the Ukrainian banking enter legal force on July 1, 2016. The provisions related to submission of the reports on property, incomes, expenses and financial obligations by political parties shall enter legal force on January 1, 2016. 19 institution. The funds received by political party for funding of its statutory activities shall be transferred only at such a separate bank account. No other funds, except for the State Budget funds allocated to funding of the statutory activities of the political party shall be transferred to such account.

  • Source

    Article 17-3 of the LPP

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

    a) The total annual amount of the public funding of statutory activities of all the political parties which pursuant to this Law are entitled to such funding shall be equal to two percent of the minimum monthly salary as established on January 1 of the year preceding the year when the State Budget funds are allocated multiplied by the number of voters who voted in the nationwide multi-member constituency in the most recent regular or pre-term parliamentary elections. The total number of voters who voted in the nationwide multi-member constituency shall be established based on the protocol of the Central Election Commission on the results of the most recent regular or pre-term parliamentary elections in the nationwide multi-member constituency.

    b) Reimbursement of party’s expenses on election campaigning in the parliamentary elections A political party shall be entitled to reimbursement of its campaign expenses in the parliamentary elections on condition that it participated in distribution of the mandates between the parties in the most recent regular or pre-term parliamentary elections. The party’s expenses on election campaigning in the parliamentary elections shall be reimbursed in the amount of actual expenses. However, the total amount of reimbursement to any political party shall not exceed the campaign 20 spending limit for political parties whose candidates were registered in the nationwide multi-member constituency provided for by the Parliamentary Election Law.

  • Source

    Article 17-4, 17-3 of the LPP

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

    The provisions of Article 17 pertaining to introduction of the annual public funding of political parties, reimbursement of the party expenses on election campaigning and pertaining to restrictions on the value of donations to political parties from the natural and legal persons entered in legal force on July 1, 2016. The provisions related to submission of the reports on property, incomes, expenses and financial obligations by political parties entered into legal force on January 1, 2016

  • Source

    Article 17-3 of LPP

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

    Donations in kind – such as services rendered, execution of works, provision of free transportation or advertising etc. – are not addressed by the LPP .e. they are neither prohibited nor regulated.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    Rights of political parties The political parties shall have the right:

    3) to use public media, as well as to establish their own media as provided for by the respective laws of Ukraine;

  • Source

    Article 12 of the LPP

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

    Parliamentary Elections: Air time for conducting election campaigning shall be provided at the expense and within the limits of the funds of the State Budget of Ukraine allocated for preparation and conduct of the election, by the state-owned and municipal television and radio broadcasting entities between 19:00 and 22:00. 4. Television and radio broadcasting entities shall provide each party that is an electoral subject with air time for election campaigning at the expense and within the limits of the funds of the State Budget of Ukraine allocated for the preparation and holding of the election, totaling no less than 60 minutes on a nationwide television channel and 60 minutes on a nationwide radio channel, and also 20 minutes for each one on the regional television channels and 20 minutes for each one on the regional radio channels in each of the regions. MP candidates registered in a single-member district shall each be provided with 20 minutes on the respective regional television channels and 20 minutes on the regional radio channels. The above time shall be provided to a party on each of the aforementioned channels in two equal parts of the total allocated time. (Article 72 of theLaw on Parliamentary elections)

    Local Elections Law - Broadcasting time allocated for the political advertising on radio and television may not exceed 20 per cent of the actual broadcasting time of the TV and radio company of any form of ownership within an astronomic day. (Article 57 of the Local Elections Law)

    Presidential elections Law -  The Central Election Commission and the district election commissions shall allocate expenses for the preparation and conduct of the elections of the President of Ukraine, including those for prin­ting information posters of the candidates to the post of President of Ukraine, for publishing pre-elec­tion programs of the candidates in mass media, and for buying broadcasting time on radio and television, according to budget schemes, approved by the Central Election Commission, of ex­pen­ditures, from the funds for the preparation and conduct of the elections envisaged in the State Budget of Ukraine.

    Financing the election commissions of the foreign polling stations shall be carried out by the Central Election Commission via the Ministry of Foreign Affairs of Ukraine. (Article 38 of the Presidential elections Law)

  • Source

    Article 72 of theLaw on Parliamentary elections

    Article 57 of the Local Elections Law

    Article 38 of the Presidential elections Law

35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment

    Firstly, under section 157 of the Tax Code, which entered into force in April 2011, the income received by political parties in the form of funds or property transferred free of charge or provided as irrevocable financial aid or donations, as well as in the form of passive incomes (dividends, interest, royalties), and, furthermore, funds or property received from the main activities of the parties (including revenues from sale of social and political literature, other promotional materials and merchandising, organising festivals, exhibitions, lectures and other political events) and grants or subsidies received from State or local budgets are exempt from taxation. Moreover, section 196 of the Tax Code provides that transactions involving the payment of dividends, royalties in cash or in the form of securities made by the issuer, are not subject to value added tax. Finally, the accounts of election funds of parties, electoral blocs and candidates are exempt from corporate income tax and private income tax. 29. Secondly, certain types of election campaigning by candidates, parties and blocs are financed from the State budget or local budgets. For example, in parliamentary elections, the following activities are financed from the State budget: publication of the election programme of every party and bloc in the official journals “Voice of Ukraine” and “Governmental Courier”, as well as in one regional newspaper; provision of airtime for election campaigning for each party and bloc (for each party: 60 minutes on national public television, 60 minutes on national public radio, 20 minutes on regional television channels in every region, and 20 minutes on regional radio channels in every region); and publication of information posters of parties and blocs with full programmes, complete lists of candidates and photographs of the first five candidates in the lists (2 copies of a poster of one party or bloc for every polling site).13 Similar rules apply to presidential and local election campaigns.

  • Source

    Firstly, under section 157 of the Tax Code, which entered into force in April 2011, the income received by political parties in the form of funds or property transferred free of charge or provided as irrevocable financial aid or donations, as well as in the form of passive incomes (dividends, interest, royalties), and, furthermore, funds or property received from the main activities of the parties (including revenues from sale of social and political literature, other promotional materials and merchandising, organising festivals, exhibitions, lectures and other political events) and grants or subsidies received from State or local budgets are exempt from taxation. Moreover, section 196 of the Tax Code provides that transactions involving the payment of dividends, royalties in cash or in the form of securities made by the issuer, are not subject to value added tax. Finally, the accounts of election funds of parties, electoral blocs and candidates are exempt from corporate income tax and private income tax. 29. Secondly, certain types of election campaigning by candidates, parties and blocs are financed from the State budget or local budgets. For example, in parliamentary elections, the following activities are financed from the State budget: publication of the election programme of every party and bloc in the official journals “Voice of Ukraine” and “Governmental Courier”, as well as in one regional newspaper; provision of airtime for election campaigning for each party and bloc (for each party: 60 minutes on national public television, 60 minutes on national public radio, 20 minutes on regional television channels in every region, and 20 minutes on regional radio channels in every region); and publication of information posters of parties and blocs with full programmes, complete lists of candidates and photographs of the first five candidates in the lists (2 copies of a poster of one party or bloc for every polling site).13 Similar rules apply to presidential and local election campaigns.1

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

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

    There is a discrepancy between the definitions of vote-buying stipulated in the election law and Criminal Code. While the election laws  allow the distribution of campaign materials with value not exceeding 5 per cent of a minimum wage, the Criminal Code (Article 160) sets a 3 per cent limit. 

     

  • Source

    Article 60 of the Local Elections Law, article 14 of the Law on Parliamentary elections, Article 64, para 6 of the Law on Presidential election.

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

    There are no quantitative but only qualitative restrictions on expenditure of political parties in general

  • 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

    There are no quantitative restrictions on the total amount which can be accumulated in an election fund or the amounts which can be contributed by the parties or candidates to their own election funds.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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?
  • CodeYes, spending limit for party/candidate includes spending by other on their behalf
  • Comment

    sponsorship by the third parties of the events or other activities in support of an election campaign is also part of a DONATION, also goods, works, services provided or received for free or at discounted price (at a price lower than the market value of identical or similar works, goods and services in the relevant market) that were received by the party or its registered local organization, by the person related to political party or its registered organization, by a candidate nominated by the party or its local organization for the presidential, parliamentary or local elections (through transferring the funds into the election fund account in the respective elections) or provided to the party, its registered local organization, the person related to the party or its local organization or to the candidate nominated by the party or its local organization for the parliamentary, presidential or local elections (through transferring the funds into the election fund account in the respective elections).

    the election laws set the following ceilings for donations which an individual can make – in total – to one election fund: in presidential and parliamentary elections, donations must not exceed 400 times the monthly minimum wage (376,400 UAH / approximately 34,630 EUR), and in local elections, 10 times the monthly minimum wage (9,410 UAH / approximately 866 EUR). In case of receipt of donations exceeding these ceilings, the exceeding amount is returned by the banking institution to the donor or, if this is impossible, to the relevant State or local budget.

  • Source

    Article 15 of the LPP

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 data
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment
  • Source

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

    No later than on the 40th day following the end of each quarter, a political party shall submit to the National Agency for Prevention of Corruption a hard copy (signed by the party's head and bearing the party's seal) and electronic copy of the party’s financial report on property, incomes, expenses and financial obligations for the respective quarter and publish such a report in full on its official website (if any) within the same term. The report shall specify full name and place of residence of a natural person. Other information on the natural person shall not be made public. A template for the party's financial report on the property, incomes, expenses and financial obligations shall be a subject to approval by the National Agency for Prevention of Corruption based on the requirement of this Law.

  • Source

    Article 17, para 6 of the LPP

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

    All election laws require managers of election funds to submit the financial statements on the receipt and use of election funds to the relevant election commissions in accordance with forms established by the CEC. For parliamentary elections, the manager of the current account of an electoral fund of a party shall submit an interim financial report on the use of resources in the respective current account, to the CEC, not later than thirty days before the voting day  for the period starting the day of opening of the accumulation account of the electoral fund and ending thirty two days before the day of voting. Consequently, the final financial statements for the parliamentary elections must be submitted to the CEC not later than the 7th day after the election.  In local elections, they are to be submitted to the relevant TEC not later than the fifth day after the election. For presidential elections the account manager must submit the reports latest on the 7th day after the Election day. The authorities indicate that fund managers are not obliged to also submit source documents such as payment orders, invoices etc. as the CEC and TEC receive detailed information directly from the banking institutions concerned, via weekly bank statements on the accounts of election funds.

     

  • Source

    Article 49, para 5 of the Law on Parliamentary Elections; art. 42, para 4 Law on Presidential Election; article 71, para 4 Law on Local Elections.

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

    See above

  • 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?
  • CodeYes
  • Comment

    Financial statements on the receipt and use of election funds are to be published 1) in presidential elections, by the CEC in the official journals “Voice of Ukraine” and “Government Express” not later than on the eighteenth day after the day of elections;20 and 2) in local elections, by the relevant TEC in the local press within five days from the date of receipt of the statement.21 However, only general information on income and expenses from election funds is published, namely the total value of individual donations, of the candidate’s or the party’s own funds and of the campaign expenditure. The more detailed descriptive information contained in the reports is submitted to the election commission concerned but not made public.

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    Anonymous donations are explicitly excluded from the types of contribution to political parties, similar to the election campaigns - anonymous contributors are prohibited from making donations to election funds of political parties, blocs and candidates in presidential, parliamentary or local elections

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    The report should include inrmation on the following:

    1) property of the party and all its local organizations registered as legal persons, the estimated value of such property by the end of a respective reporting quarter. This information shall include data on both moveable and immovable property, securities, intangible and monetary assets. The information on moveable and immovable property shall be included into the report if the political party or its local organization regardless of whether the property is owned or just used. The information in moveable property (except for vehicles) shall be included into the report if the value of such property 16 exceeds fifty minimum monthly salaries, providing that the amount of the minimum monthly salary is established on January 1 of the reporting year; 2) the date and value (amount) of each donation made in support of the party, its local organization registered as legal person, as well as to the election fund of the party, its local organization and to election fund of the party, its local organization or candidate from the party or its local organization in the national or local elections (if the respective elections were held); the name and location of the legal person that made a donation, the registration number of that legal person in the Unified state register of enterprises and organizations of Ukraine; the first name, the second name and patronymic (if any) of each natural person who made a donation; the place of residence and tax payer’s registration number of that natural person (except for the persons who based on their religious beliefs refused from receiving a registration number of a tax payer, informed on such refusal the competent controlling authority, and have the record in the passport that allows to make bank transactions based on the series and number of passport); 3) the amount of funds received from the State Budget of Ukraine over the reporting period, allocated to funding of the statutory activities of political party and, separately, for reimbursement of expenses on election campaigning (in case when the party concerned received such funding);

    As for election campaigns, The financial statements are to contain information on all operations carried out via cumulative and current accounts within the entire period of their functioning, including a description of each financial operation and explanatory notes. In particular, they must specify each individual donation (indicating its date; number of payment order; name, surname, patronymic, date of birth, place of residence and address of the donor; and value of donation)

  • Source

    Article 17, para 6, 1) of the LPP

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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

    Election subjects' financial statements are to contain each item of expenditure from the current accounts (indicating the date of payment; number of payment order; the beneficiary’s full name and code in the State Register of Enterprises and Organisations or in the State Register of Individual Taxpayers; purpose of payment; and amount of expenditure) 

    Parties' financial reports must contain: the date of every payment from the accounts of the party and its local organizations registered as legal persons, as well as payment from the election fund of the party, party’s local organization or candidate of the party or party’s local organization for the respective national or local elections (if the elections were held); the names of all the recipients of those payments, with indication of the data specified in the paragraph 2 of this Part of the Article with respect to the persons who make donations to political parties); the purposes to be covered by each payment and the amount of each payment; and 5) the date on which the financial obligation of the party or its local organization registered as legal person has emerged; the date when such obligation will be executed; the value of such obligation by the end of the reporting period; the name of the person in whose favor the financial obligation will be executed (with indication of the data specified in the paragraph 2 of this Part of the Article with respect to the persons who make donations to political parties). The information specified in Part 9 of this Article shall be presented in the party’s report on property, incomes, expenses and financial obligations as a progressive total by the end of the reporting period, separately for the party, its local organization registered as legal person, or candidate in the respective elections (if the elections were held).

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

    Article 17, para 6, 1) of the LPP

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

    National Agency for Prevention of Corruption (Political parties)

    Election Bodies (Election candidates)

  • Source

    Law on Political parties

    Election Laws

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeNational Agency for Prevention of Corruption (Political parties) | Election Bodies (Election candidates)
  • Comment

    National Agency for Prevention of Corruption (Political parties)

    Election Bodies (Election candidates)

  • Source
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeFines | Suspension of public funding
  • Comment

    General funding of political parties

    The LPP and the tax legislation provide for several types of measures and sanctions on political parties themselves, as outlined below. As concerns individual party members or officials, the authorities indicate that they may be held liable on the basis of party statutes, for violation of the statutes, or if they commit offences defined by the Criminal Code or other legislative acts, e.g. embezzlement . a) Section 20 LPP: Warning A warning notice is to be issued by the relevant controlling authority against an unlawful activity which has been publicly announced by the leadership of a political party, together with an instruction to correct the transgression (unless the act entails other kinds of responsibility). The leadership of the party has to promptly correct the transgression and, within five days, notify the authority of the measures taken. Furthermore, a party can be dissolved by court decision in case of violation of the requirements as to the formation and activity of political parties33 but it was explained on site that this sanction does not apply to violations of financing regulations. b) Section 15 LPP: Transfer of funds to the State budget Funds of political parties which derive from illicit sources listed in this section (e.g. from public entities, except in cases envisaged by the law, from foreign or anonymous persons)34 are to be transferred by the party concerned to the State budget or seized by a court of law for the benefit of the State. The banks have to notify the Ministry of Justice of any entries of such prohibited funds on party accounts. 33 Section 21 LPP. 34 See paragraph 33 above. 18 c) Tax legislation: Deregistration, fines - If a party violates provisions of the tax legislation or financing regulations provided by other laws, e.g. by using funds exempt from taxation for carrying out business activities or by accepting funds from illegal sources, the tax inspectorate of the locality where the party is registered can decide to remove the party from the Register of Non-Profit Organisations, resulting in the loss by the party of its non-profit status and in its submission to the common taxation regime (which implies an obligation to pay corporate profit tax, other taxes and mandatory charges).35 - In addition, the tax legislation provides for other sanctions for infringements of tax regulations, in particular fines, including in cases of late or non-submission of tax reports (170 UAH / approximately 16 EUR).36 Funding of election campaigns 68. a) Section 64 LParlE, section 56 LPresE and section 45 LLocE: Warning and cancellation of registration A warning can be issued by the CEC or the TEC (in local elections) to an electoral subject for violation of specified regulations of the election laws, including the use of funding sources other than election funds (and funds from the State budget). The registration of an electoral subject can be cancelled by the CEC or TEC in parliamentary or local elections but not in presidential elections in the case of repeated violation of election legislation (i.e. the same kind of infringement) in respect of which a warning has been previously issued. In the case of parliamentary elections, such a decision can be taken not later than three days before the ballot and in local elections, not later than 10 p.m. on the day preceding the election. b) Section 159.1 of the Criminal Code: Criminal sanctions - Provision of gross financial (material) aid to the election campaign of a candidate or political party/bloc in violation of the pertinent rules, through provision of funds or material values free of charge or at unreasonably low prices, production or dissemination of campaign materials which have not been paid for from the election fund or paid for at unreasonably low prices, or payment for the production and dissemination of such materials, and - deliberate use by a candidate, political party/bloc, their authorised representative, trustee of the candidate or an authorised person, of gross financial (material) support to the election campaign in violation of the pertinent rules are punishable by a fine ranging from 1,700 to 5,100 UAH / approximately 156 to 468 EUR, or corrective work for a period of up to two years, or limitation of freedom for up to two years, or imprisonment for the same period. A note to section 159.1 of the Criminal Code indicates that the amount, values or advantages are considered to be gross if they exceed 400 monthly minimum wages (376,400 UAH / approximately 34,630 EUR). Where the above-mentioned acts are committed in a planned and concerted manner (collusion), the penalty is imprisonment for five to ten years. Such criminal sanctions can only be imposed on individual persons. 35 Paragraph 5.1. of the Regulation on the Register of Non-Profit Organisations and Institutions, approved by STA Order No. 232 of 7 November 1997. 36 Section 17 of the Law on the Procedure of Liquidation of Taxpayers’ Obligations to Budgets and State Funds. 19 c) Section 212.15 of the Code of Administrative Offences: Fines - Violations of the pertinent rules on the provision of financial (material) support to an election campaign, provided such violations have no criminal component, entail a fine ranging from 850 to 1190 UAH / approximately 78 to 109 EUR for citizens and from 1,190 to 1,700 UAH / approximately 109 to 156 EUR for officials. Such administrative sanctions can only be imposed on individual persons (i.e. donors)

  • Source

    Greco Eval III Rep _2011_ 1E Final Ukraine PF PUBLIC

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