Belarus

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

    "Article 24. Restrictions in financing political parties, unions

    Political parties, unions and legal persons created by them are prohibited to obtain monetary means and other property directly or indirectly from:

    foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;

    organizations founders (participants, property owners) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;"

    Source: Article 24 (indents 3 - 5), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "Donations to the electoral funds of the candidates shall be prohibited in case they are provided by:

    1) foreign states and organizations;

    2) foreign citizens and stateless persons;

    3) international organizations;

    4) organizations the founders (participants, owners of property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;"

    Source: Article 481 (indents 11 - 15), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Ban applies to legal entities registered less than one year before the day of making donation.

  • Source

    Article 24. Restrictions in financing political parties, unions

    "Political parties, unions and legal persons created by them are prohibited to obtain monetary means and other property directly or indirectly from: ... legal persons registered in the established order less than one year before the day of making donation;"

    Source: Article 24 (indent 11), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Ban applies to legal entities registered less than one year before the day of making donation.

  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The candidates’ electoral funds may be formed from the following monetary funds: ... 3) voluntary donations of legal persons ..."

    "Donations to the electoral funds of the candidates shall be prohibited in case they are provided by: ... 71) organizations registered, in the established order, less than one year before the day of making the donation;"

    Source: Article 481 (indents 6-7 and 22), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    The trade unions, as registered legal entities, can also donate to political parties.

  • Source

    Article 24. Restrictions in financing political parties, unions

    "Political parties, unions and legal persons created by them are prohibited to obtain monetary means and other property directly or indirectly from: ... legal persons registered in the established order less than one year before the day of making donation;"

    Source: Article 24 (indent 11), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    The trade unions, as registered legal entities, can also donate to candidates.

  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The candidates’ electoral funds may be formed from the following monetary funds: ... 3) voluntary donations of legal persons..."

    Source: Article 481 (indent 6), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Article 24. Restrictions in financing political parties, unions

    "Political parties, unions and legal persons created by them are prohibited to obtain monetary means and other property directly or indirectly from: ... anonymous donors;"

    Source: Article 24 (indent 9), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "Donations to the electoral funds of the candidates shall be prohibited in case they are provided by: ... 9) anonymous donators;"

    Source: Article 481 (indent 24), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Although there is no explicit ban on donations from corporations with government contracts to political parties, there are bans on donations from state bodies and other state organizations as well as from legal persons registered less than one year before the day of making donation.

  • Source

    Source: Article 24 (indents 2 and 11), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Although there is no explicit ban on donations from corporations with government contracts to political parties, there are bans on donations from state bodies and other state organizations as well as from legal persons registered less than one year before the day of making donation.

  • Source

    Source: Article 481 (indents 20 and 22), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Seems to be some kind of ban. Depends on whether the corporation can be defined as a "state institution". The state bodies and other state organizations are not entitled to finance political parties, unions.

  • Source

    Source: Article 24 (indent 2), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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
  • Source

    Article 73. Equality of rights and duties of candidates for the President of the Republic of Belarus and for deputy

    "All candidates for the President of the Republic of Belarus and for deputy have equal rights and bear equal duties. A candidate for the President of the Republic of Belarus or for deputy has no right to use advantages of his office in the interests of election. Use of advantages of the office in this Code means:

    • engagement of persons who are in subordination or otherwise dependent through their work post for performing, during the working hours, activities that facilitate nomination and/or election;
    • use of the premises occupied by state bodies or organizations for performing activities that facilitate nomination and/or elections in case when other candidates for the President of the Republic of Belarus of for deputy who have applied in relation to the same issue are not able to use those premises on analogous conditions;
    • use of telephone and other types of communication and office equipment designed for support of the functions of state bodies and organizations, for performing activities that facilitate nomination and/or elections;
    • free-of-charge or privileged use of transport facilities owned by the state for performing activities that facilitate nomination and/or elections; and
    • gathering voters’ signatures and election agitation in the course of business trips."

    Source: Article 73 (indents 1 - 8), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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
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 data
  • Comment
  • 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
  • Source

    Source: Article 481 (indents 4 - 7), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code In 2018 the value of 1 basic unit = 24,5 BYN (Belarusian Ruble). Thus, in 2018 an individual may contribute no more than approx. 203 Euro (20 basic units) to a presidential campaign fund, while a legal entity - up to approx. 508 Euro (50 basic units); for the campaign fund of a candidate for the deputy of the House of Representatives - individual persons may contribute no more than approx. 51 Euro (5 basic units) and a legal entity - up to approx. 102 Euro (10 basic units).
  • Comment
  • Source

    "The candidates’ electoral funds may be formed from the following monetary funds:

    2) ... The maximum amount of the citizen’s donation shall not exceed 20 base units while holding the elections of the President of the Republic of Belarus; 5 base units while holding the elections of deputies of the House of Representatives, 2 base units while holding the elections of deputies of local Council of Deputies;

    3) voluntary donations of legal persons. The maximum amount of the donation of a legal person may not exceed 50 base units while holding the elections of the President of the Republic of Belarus; 10 base units while holding the elections of deputies of the House of Representatives, 5 base units while holding the elections of deputies of local Council of Deputies;"

    Source: Article 481 (indents 4 - 7), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    See the limits mentioned in the answer to previous question (15).

  • Source

    "The candidates’ electoral funds may be formed from the following monetary funds:

    1) candidates’ own monetary funds which shall not exceed the maximum amount of all expenditures from the electoral fund of the candidate, mentioned in part three of this Article;"

    Source: Article 481 (indent 3), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Since the gifts and other sources not prohibited by legislation are allowed, it may be concluded that some in-kind donations to political parties can be offered.

  • Source

    Article 22. Property of political party, union

    "Sources of monetary means and other property of political party, union may be: ... donations and gifts; other source not prohibited by the legislation."

    Source: Article 23 (indents 11 - 12), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    The Electoral Code prescribe that the candidates’ electoral funds may be formed from the monetary funds; there is no any provision indicating that in-kind contribution is allowed.

  • Source

    Source: Article 481 (indent 2), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

     

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

    Article 23. Entrepreneurial activity of political parties, unions

    "Political parties, unions have no right to act as founders of commercial organization, except for the cases provided for in indent four of part one of Article 21 of this Law, and to be engaged in entrepreneurial activity, with the exception of production and sale of public and political literature, other propagandist and promotion materials, souvenirs with own symbols."

    Source: Article 23, The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Loans may be considered as other financing sources not prohibited by law.

  • Source

    Article 22. Property of political party, union

    "Sources of monetary means and other property of political party, union may be: ... other source not prohibited by the legislation."

    Source: Article 22 (indent 12), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeYes
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeSometimes
  • Comment

    The Electoral Code is explicit on this issue only with regard to the donations made by legal entities to the candidates. There are no privisions on this issue with regard to donations for political parties.

  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "When making donations into the special electoral account of the candidate, the citizen shall insert in the payment document the following personal data: surname, name, patronymic, date and place of birth, series and number of the passport of the citizen of the Republic of Belarus. Voluntary donations of legal persons are made by cashless transfers of money into the special electoral account and the payment order shall contain the following data about the legal person: account number of the payer, name, bank details, legal address."

    Source: Article 481 (indents 24 and 37 - 39), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo
  • Comment
  • Source

    Article 24. Restrictions in financing political parties, unions

    "Financing of political parties, unions at the expense of means of republican and (or) local budgets is not allowed. State bodies and other state organizations are not entitled to finance political parties, unions."

    Source: Article 24 (indents 1 - 2), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Article 46. Use of mass media in electoral campaign during the holding of referendum

    "A candidate for the President of the Republic of Belarus, for deputy of the House of Representatives has the right to publish free of charge in mass media mentioned in part two of this Article his electoral program, having presented the text of the mentioned program not later than 20 days prior to the elections. The volume of electoral program which shall be published free of charge in mass media for the candidate for the President of the Republic of Belarus may not exceed five printed pages, for the candidate for deputy of the House of Representatives – two printed pages.

    The list of mass media where electoral programs of the candidates for the President of the Republic of Belarus shall be published free of charge is determined by the Central Commission.

    When publishing the electoral programs of the candidates for the President of the Republic of Belarus, the order of their submission shall be observed.

    Candidates for the President of the Republic of Belarus have the right to free of charge statements on the state television as well as on the radio. The National State Television and Radio Company of the Republic of Belarus submits, within 10 days after fixing the date of the elections, to the Central Commission a limit time for statements of the candidates on the state television as well as on the radio. The mentioned broadcasting time shall fall on the period, when TV and radio programs have the greatest audience.

    The order and number of statements by the candidates for the President of the Republic of Belarus on television as well as on the radio are determined by the Central Commission. The statements of candidates shall be ensured on equal terms.

    The Central Commission reserves a part of the limit time as to hold TV debates of the candidates for the President of the Republic of Belarus, deputies of the House of Representatives. The TV debates are held upon agreement of the candidates. The candidate is entitled to authorize an authorized person to participate in the TV debates. Failure to participate in the TV debates shall not result in increase of broadcasting time provided to the candidate for free."

    Source: Article 46 (indents 7 - 19), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Article 46. Use of mass media in electoral campaign during the holding of referendum

    "The state mass media, mass media partially financed from the state budget or local budgets as well as mass media, one of the founders of which is state bodies or organizations, are obliged to provide equal opportunities for electoral statements of candidates, publishing and promulgation of issues, texts of draft laws put forward for referendum, holding the agitation on elections, referendum."

    Source: Article 46 (indents 3 - 4), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Article 46. Use of mass media in electoral campaign during the holding of referendum

    "A candidate for the President of the Republic of Belarus, for deputy of the House of Representatives has the right to publish free of charge in mass media mentioned in part two of this Article his electoral program, having presented the text of the mentioned program not later than 20 days prior to the elections. The volume of electoral program which shall be published free of charge in mass media for the candidate for the President of the Republic of Belarus may not exceed five printed pages, for the candidate for deputy of the House of Representatives – two printed pages.

    The list of mass media where electoral programs of the candidates for the President of the Republic of Belarus shall be published free of charge is determined by the Central Commission.

    When publishing the electoral programs of the candidates for the President of the Republic of Belarus, the order of their submission shall be observed.

    Candidates for the President of the Republic of Belarus have the right to free of charge statements on the state television as well as on the radio. The National State Television and Radio Company of the Republic of Belarus submits, within 10 days after fixing the date of the elections, to the Central Commission a limit time for statements of the candidates on the state television as well as on the radio. The mentioned broadcasting time shall fall on the period, when TV and radio programs have the greatest audience.

    The order and number of statements by the candidates for the President of the Republic of Belarus on television as well as on the radio are determined by the Central Commission. The statements of candidates shall be ensured on equal terms.

    The Central Commission reserves a part of the limit time as to hold TV debates of the candidates for the President of the Republic of Belarus, deputies of the House of Representatives. The TV debates are held upon agreement of the candidates. The candidate is entitled to authorize an authorized person to participate in the TV debates. Failure to participate in the TV debates shall not result in increase of broadcasting time provided to the candidate for free."

    Source: Article 46 (indents 7 - 19), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Article 45. Election agitation, agitation for referendum, recall of a deputy or a member of the Council of the Republic

    "Local executive and administrative bodies together with the respective electoral commissions determine premises for the holding of meetings with candidates for the President of the Republic of Belarus, for deputies with voters, as well as for pre-election meetings being organized by voters. Applications for premises are submitted by candidates, their authorized persons, voters to the respective territorial, circuit electoral commissions not later than two days prior to the proposed date of the event. The application shall indicate location (locations) of its holding, date, time of the beginning and end of the event; surname, name of the applicant, information about his place of residence and telephone number, date of submission of the application. If it is impossible to provide the premises for the date and time specified in the application, the respective electoral commission shall inform the applicant not later than on the following day after the receipt of the application and suggest another date and time of the meeting, assembly. Facilities for holding meetings with voters, pre-election assemblies are provided free of charge in the order of the receipt of applications."

    Source: Article 45 (indents 16 - 21), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNot applicable
  • Comment

    No direct public funding.

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

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

    Article 47. Restrictions for holding pre-election agitation, agitation on the referendum

    "Candidates for the President of the Republic of Belarus, for deputies, their authorized persons, other organizations and persons campaigning for election of the candidates, for holding of referendum are prohibited to distribute financial means, gifts or other material valuables, to hold discounted sale of goods, to provide goods and services free of charge except for agitation printed materials specially published for the electoral campaign with observance of the requirements of this Code. When holding the electoral agitation, agitation on referendum, it is prohibited to influence the citizens by means of promises to provide them with financial means, material valuables."

    Source: Article 47 (indents 5 - 8), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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?
  • CodeYes
  • Comment
  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The maximum sum of all the expenditures from the electoral fund of a candidate for the President of the Republic of Belarus may not exceed 9,000 base units; a candidate for deputy of the House of Representatives – 1000 base units; a candidate for deputy of regional, Minsk city Council of Deputies – 30 base units; while holding elections of deputies of regional, Minsk city Council of deputies, a candidate for deputy of deputies of district, city (cities of regional and district subordination), settlement and rural Councils of Deputies – 10 base units."

    Source: Article 481 (indents 8 - 10), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code In 2018 the value of 1 basic unit = 24,5 BYN (Belarusian Ruble). Thus, in 2018 the maximum sum of all the expenditures from the electoral fund of a candidate for the President of the Republic of Belarus may not exceed 91500 Euro (9,000 basic units); a candidate for deputy of the House of Representatives – 10167 Euro (1000 basic units); a candidate for deputy of regional, Minsk city Council of Deputies – 305 Euro (30 basic units); while holding elections of deputies of regional, Minsk city Council of deputies, a candidate for deputy of deputies of district, city (cities of regional and district subordination), settlement and rural Councils of Deputies – 102 Euro (10 basic units).
  • Comment
  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The maximum sum of all the expenditures from the electoral fund of a candidate for the President of the Republic of Belarus may not exceed 9,000 base units; a candidate for deputy of the House of Representatives – 1000 base units; a candidate for deputy of regional, Minsk city Council of Deputies – 30 base units; while holding elections of deputies of regional, Minsk city Council of deputies, a candidate for deputy of deputies of district, city (cities of regional and district subordination), settlement and rural Councils of Deputies – 10 base units."

    Source: Article 481 (indents 8 - 10), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source

    "Third-party financing is not regulated and in-kind donations are not reported."  (page 14)

    Source: OSCE/ODIHR (2015) Republic of Belarus, Presidential Elections, 11 October 2015. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    "The candidates for the President of the Republic of Belarus, for deputies may use the electoral funds to cover the expenses connected with the campaigning and agitation in the order established by the Central Commission."

    Source: Article 481 (indent 40), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

     

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?
  • CodeNo
  • Comment

    The Law on political parties do not contain specific details about the control over the financial and economic activity of a party.

  • Source

    Article 28. Control over financial and economic activity of political parties, unions

    "State bodies and other state organizations, within the limits of their competence, exercise control over financial and economic activity of political parties, unions."

    Source: Article 28, The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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?
  • CodeYes
  • Comment
  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The candidates shall submit financial reports to the commission that registered them in observing the following time scale: the first financial report shall be submitted not earlier than 15 days and not later than 10 days to the election day; the concluding financial report shall be submitted within five days after the election day."

    Source: Article 481 (indents 50 - 51), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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
  • Source

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The branch of the bank in which the special electoral account has been opened shall, on weekly basis, report to the commission that registered the candidate the data on the receipt and spending of the funds put down to the account of the respective candidate for the President of the Republic of Belarus, for deputies. The respective commission, within two days after receiving the data, shall forward to the press the information to be published on the total sum of the money receipts to the electoral fund and on the total sum of expenditures."

    "The voters shall be informed about the total amount of funds received in the electoral fund and the total amount of money spent by a person being nominated as a candidate for the President of the Republic of Belarus in the order established by part thirteen of this Article."

    Source: Article 481 (indents 47 - 49 and 70 - 71), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "Donations to the electoral funds of the candidates shall be prohibited in case they are provided by: ... 9) anonymous donors."

    "When making donations into the special electoral account of the candidate, the citizen shall insert in the payment document the following personal data: surname, name, patronymic, date and place of birth, series and number of the passport of the citizen of the Republic of Belarus."

    Source: Article 481 (indents 24 and 37 - 38), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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

    In the context of 2015 Presidential elections, the OSCE/ODIHR Election Observation Mission stated: "As required by law, the CEC published information on total income and expenditures of candidates on its website on a weekly basis, and all candidates submitted financial reports to the CEC prior to the election. However, the reports were not comprehensive and the law does not require publishing of the reports nor of disaggregated income and expenditures of candidates." (page 14)

    Source: OSCE/ODIHR (2015) Republic of Belarus, Presidential Elections, 11 October 2015. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw

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

    In the context of 2015 Presidential elections, the OSCE/ODIHR Election Observation Mission stated: "As required by law, the CEC published information on total income and expenditures of candidates on its website on a weekly basis, and all candidates submitted financial reports to the CEC prior to the election. However, the reports were not comprehensive and the law does not require publishing of the reports nor of disaggregated income and expenditures of candidates." (page 14)

    Source: OSCE/ODIHR (2015) Republic of Belarus, Presidential Elections, 11 October 2015. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw

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

    Article 481. Electoral funds of candidates for the President of the Republic of Belarus, for deputies

    "The control over the receipt and use of the means of the electoral funds is exercised by the Central Commission, territorial, circuit electoral commissions and financial bodies."

    Source: Article 481 (indent 46), Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, ministry | Yes, other
  • Comment
  • Source

    Article 26. Supervision of execution of legislation by political parties, unions

    "Supervision of strict and uniform execution of laws, decrees, edicts and other normative legal acts by political parties, unions is imposed on the General Prosecutor of the Republic of Belarus and prosecutors subordinated to him."

    Article 27. Control over compliance of activity of political parties, their organizational structures, unions with the legislation and their statutes

    "Control over compliance of activity of political parties, unions with the Constitution of the Republic of Belarus, other acts of legislation and statutes is carried out by the Ministry of Justice.

    Control over compliance of activity of organizational structures of political parties with the Constitution of the Republic of Belarus, other acts of legislation and statutes of political parties is carried out by appropriate departments of justice."

    Article 28. Control over financial and economic activity of political parties, unions

    "State bodies and other state organizations, within the limits of their competence, exercise control over financial and economic activity of political parties, unions."

    Source: Articles 26, 27 (indents 1 - 3) and 28, The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

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

    Article 27. Control over compliance of activity of political parties, their organizational structures, unions with the legislation and their statutes

    "Officials of the Ministry of Justice and appropriate departments of justice, within the limits of their powers, have the right to participate in events held for statutory purposes by political parties, their organizational structures, unions, to request and obtain information about issues of their statutory activity and about membership numbers of political parties, their organizational structures, composition of unions, to get acquainted with their documents and decisions."

    Article 29. Measures of liability

    "For violation of the Constitution of the Republic of Belarus, this Law, and other acts of legislation and (or) statute, the following measures of liability may be applied in respect of a political party, union: written caution; suspension of activity of political party, union; liquidation of political party, union."

    Source: Articles 27 (indent 3) and 29 (indent 1), The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

58. What sanctions are provided for political finance infractions?
  • CodeDeregistration of party | Loss of nomination of candidate | Suspension of political party
  • Comment
  • Source

    Article 31. Suspension of activity of political party, union

    "Activity of political party, union may be suspended for the term of one to six months by the decision of the Supreme Court of the Republic of Belarus upon an application of the Ministry of Justice in the political party, union has been issued written caution and the political party, union failed to eliminate violations which have given ground for the issuance of the written caution within the established term or to inform the registering body of their elimination with presentation of confirming documents."

    Article 32. Liquidation of political party, union by the decision of the Supreme Court of the Republic of Belarus

    "Political party, union shall be liquidated by the decision of the Supreme Court of the Republic of Belarus in case:

    • of carrying out by political party, union propaganda of war or extremist activities;
    • of violation by political party, union of the legislation and (or) their statutes within a year after issuance of a written caution;
    • if, at the state registration of the political party, union founders, committed violations of this Law and (or) other acts of legislation that have irremovable nature;
    • if the numerical strength of political party does not correspond to requirements of part two of Article 10 of this Law, the composition of the union – to requirements of part three of Article 10 of this Law;
    • of failure to eliminate violations being the ground for suspension of activity of political party, union in the term established by the decision of the Supreme Court of the Republic of Belarus;
    • failure of political party, union to submit during three consecutive years, within the established term, data provided by part six of Article 27 of this Law.

    Political party, union may be liquidated by the decision of the Supreme Court of the Republic of Belarus for one violation of the legislation on mass actions in the cases provided by legislative acts, and also for receipt by political party, its organizational structure, union of foreign free aid.

    The application for liquidation of political party, union must be presented to the Supreme Court of the Republic of Belarus by the Ministry of Justice or by the General Prosecutor's Office of the Republic of Belarus."

    Source: Article 31 (indents 1 - 3) and 32 , The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

     

    Article 681. Refusal to register of a candidate for the President of the Republic of Belarus, for deputy

    "The Central Commission, circuit, territorial electoral commission shall deny the registration of the candidate for the President of the Republic of Belarus, for deputies in the event of: ... use in the interests of election of monetary means or other material assistance of foreign countries and organizations, foreign citizens and stateless persons, international organizations, organizations the founders (participants, owners of property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;

    The Central Commission, circuit, territorial electoral commission is entitled to deny the registration of the candidate for the President of the Republic of Belarus, for deputies in the event of:

    • submission of the data having essential nature, which do not correspond to reality, in the declaration on incomes and property of the person nominated as a candidate for the President of the Republic of Belarus or other persons specified in indent five of part four of Article 68 of this Code, as well as of the persons nominated as candidates for deputies. ...;
    • using advantages of an official position in the interests of election, specified in part two of Article 73 of this Code;
    • participation of the administration of an organization in gathering signatures, coercion in the course of gathering signatures and rewarding voters for putting their signatures;

    The Central Commission is entitled to deny the registration of a candidate for the President of the Republic of Belarus in case of exceeding by the person nominated as a candidate for President of the Republic of Belarus for more than 20 percent of the maximum amount of spending of means of the electoral fund specified in part three of Article 481 of this Code, or use of other monetary means in the same amounts in addition to means of the electoral fund."

    Article 701. Cancellation of a decision on the registration of a candidate for the President of the Republic of Belarus, for deputy for the violation of the requirements of this Code

    "The Central Commission, circuit, territorial electoral commission is entitled, without prior notice, to cancel the decision on registration of a candidate for the President of the Republic of Belarus, for deputies in the even of:

    • exceeding by more than 20 percent of the maximum amount of spending of means of the electoral fund mentioned in part three of Article 481 of this Code, or use of other monetary means in the same amounts in addition to means of the electoral fund;
    • participation of the administration of an organization in gathering signatures, coercion in the course of gathering signatures and rewarding voters for putting their signatures;
    • submitting the data having essential nature in the declaration in incomes and property of persons mentioned in indent two of part two of Article 681 of this Code, which do not correspond to reality;
    • using advantages of an official position in the interests of election, specified in part two of Article 73 of this Code;

    The Central Commission, circuit, territorial electoral commission shall, without prior notice, cancel the decision on registration of a candidate for the President of the Republic of Belarus, for deputies: upon use in the interests of election of monetary means or other material assistance of foreign countries and organizations, foreign citizens and stateless persons, international organizations, organizations the founders (participants, owners of property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons."

    Source: Article 681  and 701Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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