Czech Republic

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

    "(1) Parties and movements shall not accept a gift or other gratuitous fulfillment

    j) from a foreign legal entity, except for a political party and a foundation established for public benefit,

    k) from a natural person who is not a citizen of the Czech Republic; this does not apply if it is a person who has the right to vote in the Czech Republic to the European Parliament."

    Source: Article 18(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    Although there is no clear indication on the Act No. 247/1995 on Elections to the Parliament of the Czech Republic about the ban on donations from foreign interests to the candidates, there are clear provisions about this issue when referind to the donations made by third parties. On the other hand, the Act No. 275/2012 on the Election of the President of the Republic do not contain any provisions on this regard.

  • Source

    Art. 16. "(2) Natural or legal person intending to participate in the election campaign without the knowledge of the respective political party, political movement or coalition standing for election, their candidate or an independent candidate, shall be obliged, before entering the election campaign, to register as a third person at the Office for the Oversight of Financing of Political Parties and Movements (hereinafter referred to as the “Office for Oversight”) established pursuant to law regulating the association in political parties and political movements."

    Art. 16e. "(1) For the purpose of this Act, a registered third person shall mean any natural or legal person registered as such in a special register kept by the Office for Oversight.

    (2) For the purpose of this Act, the following entities may not become registered third persons: ... i) foreign legal person; j) natural person who is not a citizen of the Czech Republic; this shall not apply to persons with the right to vote in the territory of the Czech Republic in elections to the European Parliament..."

    Source: Articles 16(2) and 16e, Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

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

    Art. 17. "(8) The Party and Movement's income may be: ...(d) gifts, inheritances and free-of-charge benefits, ..."

    Art. 18. "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all cash gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity..."

    Source: Articles 17(8) and 18(2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    Art. 16. "(2) Natural or legal person intending to participate in the election campaign without the knowledge of the respective political party, political movement or coalition standing for election, their candidate or an independent candidate, shall be obliged, before entering the election campaign, to register as a third person at the Office for the Oversight of Financing of Political Parties and Movements (hereinafter referred to as the “Office for Oversight”) established pursuant to law regulating the association in political parties and political movements."

    Art. 16b. "(3) Information on funds saved on the election account shall include the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable."

    Source: Articles 16(2) and 16b(3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(3) Information on financial resources on the election account shall be recorded Page 36 Collection of Laws No. 275 / 2012 Chapter 95 together with a statement on the origin of these funds, including the name, surname, date of birth and residence address of natural person donating these funds, or in case of a legal person, including the name of its company or name, registered address and registration number of the person, if applicable.

    (4) Information on other benefits with an estimated monetary value is recorded together with a statement on the origin of these funds, including the name, surname, date of birth and residence address of the natural person donating these funds, or in case of a legal person, including the name of its company or name, registered address and registration number of the person, if applicable."

    Source: Article 36 (3) and (4), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    There is no specific provisions that would ban trade unions to donate, while in the same time the legal persons are allowed to make donations.

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

    There is no specific provisions that would ban trade unions to donate, while in the same time the legal persons are allowed to make donations.

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

    Art. 19h. "g) an overview of all gifts and donations, indicating the amount of monetary donations and the usual price of non-monetary gifts, the name, surname and date of birth of the donor; if the donor is a legal person, shall specify its company name and the identification number".

    Source: Articles 19h(g), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    The candidates have to report on donor's identity both for Parliamentary and Presidential elections.

  • Source

    "(3) Information on funds saved on the election account shall include the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable.

    (4) Information on other benefits with an estimated monetary value shall be recorded together with a statement on the origin of these funds, including the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable."

    Source: Article 16b (3) and (4), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(3) Information on financial resources on the election account shall be recorded Page 36 Collection of Laws No. 275 / 2012 Chapter 95 together with a statement on the origin of these funds, including the name, surname, date of birth and residence address of natural person donating these funds, or in case of a legal person, including the name of its company or name, registered address and registration number of the person, if applicable.

    (4) Information on other benefits with an estimated monetary value is recorded together with a statement on the origin of these funds, including the name, surname, date of birth and residence address of the natural person donating these funds, or in case of a legal person, including the name of its company or name, registered address and registration number of the person, if applicable."

    Source: Article 36 (3) and (4), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    Couldn't find in the relevant legistation an explicit ban on donations from corporations with government contracts to political parties. Still, the Law on Public Procurement contains a section that refers to the conflict of interests, which is supposed, in conjuction with the Act on Conflict of Interest, to cover tis type of situations.

  • Source

    Section 44. Conflict of interest. "(1) The contracting authority shall act so as no conflict of interest occurs. In the case of the procedure under Section 42 or Section 43, the contracting authority shall request a written declaration from all committee members, invited experts or persons representing the contracting authority confirming that they have no conflict of interest. If the contracting authority finds out that a conflict of interest has occurred, it will adopt corrective measures to remove it.

    (2) A conflict of interest means a situation where the interests of the persons that: a) are involved in the conduct of the procurement procedure, or b) have or could have an influence on the result of the procurement procedure, endanger their impartiality or independence in relation to the procurement procedure.

    (3) For the purposes of this Act, a conflict of the persons stated under subsection (2) shall be understood as an interest in acquiring a personal advantage or reducing the property or other benefit of the contracting authority."

    Source: Section 4, art. (1 - 3), The Act No. 134/2016 on Public Procurement, 2016

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

    Couldn't find in the relevant legistation an explicit ban on donations from corporations with government contracts to political parties. Still, the Law on Public Procurement contains a section that refers to the conflict of interests, which is supposed, in conjuction with the Act on Conflict of Interest, to cover tis type of situations.

  • Source

    Section 44. Conflict of interest. "(1) The contracting authority shall act so as no conflict of interest occurs. In the case of the procedure under Section 42 or Section 43, the contracting authority shall request a written declaration from all committee members, invited experts or persons representing the contracting authority confirming that they have no conflict of interest. If the contracting authority finds out that a conflict of interest has occurred, it will adopt corrective measures to remove it.

    (2) A conflict of interest means a situation where the interests of the persons that: a) are involved in the conduct of the procurement procedure, or b) have or could have an influence on the result of the procurement procedure, endanger their impartiality or independence in relation to the procurement procedure.

    (3) For the purposes of this Act, a conflict of the persons stated under subsection (2) shall be understood as an interest in acquiring a personal advantage or reducing the property or other benefit of the contracting authority."

    Source: Section 4, art. (1 - 3), The Act No. 134/2016 on Public Procurement, 2016

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

    Art. 18. "(1) Parties and movements shall not accept a gift or other gratuitous fulfillment: ... d) from state enterprises and legal entities in which the state or a state enterprise has a stake and legal entities partially managed and supervised by the state; this provision shall not be applied if the interest of the state or a state enterprise does not exceed 10%; e) from legal entities partially owned by any type of municipality; this provision shall not be applied if the interest held by a municipality does not exceed 10%, ..."

    Source: Article 18 (1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    Art. 16e. "(2) For the purpose of this Act, the following entities may not become registered third persons: ...

    d) state enterprises and legal entities with state ownership interest or state enterprise ownership interest, as well as persons to whose management and oversight the state contributes, even as the controlling entity; this rule shall not apply if the ownership interest of state or state enterprise is less than 10 %,

    e) legal entities with the ownership interest of a region, municipality, city district or city borough, as well as persons to whose management and oversight the region, municipality, city district or city borough contribute, even as the controlling entity; this rule shall not apply if the ownership interest is less than 10 %, ..."

    Source: Articles 16e (2), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeNo data
  • Comment
  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment
  • Source

    "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment."

    Source: Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code CZK 3000000 in one calendar year, both for natural and legal persons
  • Comment
  • Source

    "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment."

    Source: Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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
  • Source

    "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment."

    Source: Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • Code CZK 3000000 in one calendar year, both for natural and legal persons
  • Comment
  • Source

    "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment."

    Source: Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    "Maximum value of donation on at annual level that a natural person may give to political entities for operation shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for operation shall not exceed 200 average monthly salaries. Donations exceeding at annual level one average monthly salary are published. A political entity is required to publish each donation referred in paragraph 3 of this Article on its website within eight days from the date the value of donation has exceeded the amount of one monthly average salary."

    "A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

    Source: Article 10 and Article 22, Law on financing political activities, 2014 consolidated text

  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment
  • Source

    "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all cash gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment."

    Source: Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeSometimes
  • Comment
  • Source

    "(2) No political party or movement is entitled to do business on their own behalf. 

    (3) A political party or movement is entitled to establish a business company or cooperative or to participate in an existing business company or cooperative as a partner or member only if such a company or cooperative is engaged exclusively in the following activities: (a) publishing or printing services, radio or television broadcasting, (b) publication and promotional activities, (c) organisation of cultural, social, sport, leisure, educational or political events, or (d) production and sale of articles promoting the program and the activities of the party and movement concerned."

    Source: Article 17(2) and (3), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    "(8) The Party and Movement's income may be: ...(i) loans and credits provided by a bank, payment institution or electronic money institution or by a branch of a foreign bank, payment institution or electronic money institution in the territory of the Czech Republic, ..."

    Source: Articles 17(8), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    There is no specific provisions regarding the candidates taking loans for the election campaign purposes. Still, since the political parties may take loans, it may be concluded that the respective credits can be used for campaign purposes. 

  • Source
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?
  • CodeSometimes
  • Comment

    The limit of 5000 CZK for cash spendings, in combination with the parties' and movements obligation to use only funds held in their accounts with a bank, lead to the conclusion that there is also a 5000 CZK for cash donations. 

  • Source

    "(1) Parties and movements and political institutes shall use only funds held in accounts with a bank, payment institution or electronic money institution or with a branch of a foreign bank, payment institution or electronic money institution in the territory of the Czech Republic. This does not apply if the costs are less than CZK 5,000; these expenses can be paid in cash."

    Source: Article 17a (1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    Art. 17. "(8) The Party and Movement's income may be:

    a) contribution from the state budget of the Czech Republic to the payment of election expenses,

    b) contribution from the state budget of the Czech Republic to the activities of the party and the movement (hereinafter referred to as "activity allowance"),

    j) contribution from the state budget of the Czech Republic to support the activities of a political institute."

    Art. 20. "(1) The Parties and Movements shall be entitled, under the conditions laid down by this Act, to the following State contributions:

    (a) operational allowances consisting of permanent contributions and mandate contributions, and

    (b) contribution for the support of the activities of a political institute."

    Source: Articles 17(8) and 20(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of votes in previous election
  • Comment
  • Source

    "(2) An entitlement to a permanent contribution or an allowance for a mandate shall arise for the party and the movements which have submitted a complete annual financial report within the set deadline.

    (3) The right to a permanent contribution shall arise to a party and movements which have attained at least 3% of the votes in the elections to the Chamber of Deputies.

    (4) The entitlement to the mandate shall arise if at least one deputy, senator, member of the regional council or a member of the Prague City Council has been elected on the candidate list of the party and of the movement or has been elected as a party and movement on the list of the coalition in the elections to the Chamber of Deputies , The Senate, the regional council or on a candidate list of the coalition or association of parties and movements and independent candidates in the elections to the Prague City Council.

    (5) An entitlement to support for the activity of a political institute shall arise to a party and movement whose at least one member has been elected for that party and movement at least in two of the last three consecutive electoral periods of the Chamber of Deputies including the current term of office and who is the founder or member political institute. This contribution may be used by the party or movement exclusively to cover the expenses of the political institute."

    Source: Article 20 (2) - (5), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    "(6) The permanent contribution amounts to CZK 6,000,000 per year for the Party and Movement which received 3% of the votes in the last election to the Chamber of Deputies. For every other, as well as initiated, 0.1% of votes, the party and the movement will receive CZK 200,000 annually. If more than 5% of votes are received by the party and the movement, the contribution is not further increased.

    (7) The contribution for the mandate of a deputy or senator is CZK 900000 per year and CZK 250000 per year for the mandate of a member of the regional council and a member of the Prague City Council.

    (8) The contribution to support the work of a political institute shall amount to an annual amount equal to 10% of the total contribution to the activity belonging to the party or movement. In the application pursuant to Section 20a (3), the party and the movement shall indicate the name and location of the political institute in whose favor the contribution is intended to support."

    Source: Article 20 (6) - (8), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNo
  • Comment

    No further conditions are attached to the provision of permanent and/or mandate contributions to parties and movements.

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

    "(8) In the period starting 16 days and ending 48 hours before the start of the Chamber of Deputies elections, Czech Television and Czech Radio shall each reserve 14 hours of broadcasting time free of charge for all registered political parties, political movements and coalitions standing for election. The reserved broadcasting time shall be distributed equally among the political parties, political movements and coalitions standing for election. The respective broadcasting times shall be determined by drawing lots. Political parties, political movements and coalitions shall bear full responsibility for the contents of these broadcasts."

    Source: Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(7) In the period starting 16 days and ending 48 hours before the start of the presidential elections, Czech Television and Czech Radio shall each reserve 5 hours of broadcasting time free of charge for all registered presidential candidates. In the period starting 4 days and ending 48 hours before the start of the second round of the presidential elections, Czech Television and Czech Radio shall each reserve 1 hour of broadcasting time free of charge for the candidates who proceed to the second round of the presidential elections. The reserved broadcasting time shall be distributed among the candidates equally. Czech Television and Czech Radio shall decide the particular broadcasting times by lot. The candidates shall bear responsibility for the contents of the programs. Candidates lose their reserved broadcasting time, if their candidacy is terminated pursuant to section 27."

    Source: Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    "(8) In the period starting 16 days and ending 48 hours before the start of the Chamber of Deputies elections, Czech Television and Czech Radio shall each reserve 14 hours of broadcasting time free of charge for all registered political parties, political movements and coalitions standing for election. The reserved broadcasting time shall be distributed equally among the political parties, political movements and coalitions standing for election. The respective broadcasting times shall be determined by drawing lots. Political parties, political movements and coalitions shall bear full responsibility for the contents of these broadcasts."

    Source: Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(7) In the period starting 16 days and ending 48 hours before the start of the presidential elections, Czech Television and Czech Radio shall each reserve 5 hours of broadcasting time free of charge for all registered presidential candidates. In the period starting 4 days and ending 48 hours before the start of the second round of the presidential elections, Czech Television and Czech Radio shall each reserve 1 hour of broadcasting time free of charge for the candidates who proceed to the second round of the presidential elections. The reserved broadcasting time shall be distributed among the candidates equally. Czech Television and Czech Radio shall decide the particular broadcasting times by lot. The candidates shall bear responsibility for the contents of the programs. Candidates lose their reserved broadcasting time, if their candidacy is terminated pursuant to section 27."

    Source: Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    "(8) In the period starting 16 days and ending 48 hours before the start of the Chamber of Deputies elections, Czech Television and Czech Radio shall each reserve 14 hours of broadcasting time free of charge for all registered political parties, political movements and coalitions standing for election. The reserved broadcasting time shall be distributed equally among the political parties, political movements and coalitions standing for election. The respective broadcasting times shall be determined by drawing lots. Political parties, political movements and coalitions shall bear full responsibility for the contents of these broadcasts."

    Source: Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(7) In the period starting 16 days and ending 48 hours before the start of the presidential elections, Czech Television and Czech Radio shall each reserve 5 hours of broadcasting time free of charge for all registered presidential candidates. In the period starting 4 days and ending 48 hours before the start of the second round of the presidential elections, Czech Television and Czech Radio shall each reserve 1 hour of broadcasting time free of charge for the candidates who proceed to the second round of the presidential elections. The reserved broadcasting time shall be distributed among the candidates equally. Czech Television and Czech Radio shall decide the particular broadcasting times by lot. The candidates shall bear responsibility for the contents of the programs. Candidates lose their reserved broadcasting time, if their candidacy is terminated pursuant to section 27."

    Source: Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    "(4) Each mayor may reserve a space for election posters 16 days before the election day. Such space must meet the requirements of equal treatment of all political parties and coalitions standing for election or candidates running for Senate. ..."

    Source: Article 16(4), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(6) Each mayor may reserve a space for election posters 16 days before the presidential elections. Such space must meet the requirements of equal treatment of all presidential candidates. ..."

    Source: Article 35 (6), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

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

    The vote byuing is prohibited by the Criminal Code of the Czech Republic.

  • Source

    "... , whoever provides, offers or promises to another or for another in connection to exercise of election rights in referendum a financial, material or another similar profit in order to make him/her vote contrary to independent expression of own free will, .... , shall be sentenced to imprisonment for six months to three years."

    Source: Section 351 of the Criminal Code "Obstruction of Preparation and Course of Elections and Referendum", Act No. 40/2009_The Criminal Code Act, 2009

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

    The Law No. 424/1991 on Political Parties and Movements do not contain any limits or restrictions on the amount they can spend. 

  • 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

    "(2) Campaign expenditures may not exceed: (a) in case of Chamber of Deputies elections, the amount of CZK 90,000,000 including the VAT, (b) in case of Senate elections, the amount of CZK 2,000,000 including VAT for each candidate, if the candidate participates only in the first round of the Senate elections, or CZK 2,500,000 including VAT if the candidate participates both in the first as well as the second round of the Senate elections."

    Source: Articles 16c (2), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(2) Campaign expenditures may not exceed the amount of CZK 40,000,000 including VAT if the candidate participates only in the first round of the presidential elections or CZK 50,000,000 including VAT if the candidate participates both in the first as well as the second round of the presidential elections. This amount includes all amounts which the presidential candidate has paid or is due to pay, including amounts paid or bound to be paid by third parties on the candidate’s behalf. If benefit, which is part of the election campaign, was received free of charge or for a price which is lower than the standard price, the standard price shall be included in the calculation of the total campaign expenditures."

    Source: Article 37 (2), Act No. 275/2012 on the Election of the President of the Republic, 2012

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code Parliamentary elections - CZK 90,000,000 for the Chamber of Deputies elections and CZK 2,000,000 for Senate elections; Presidential elections - CZK 40,000,000.
  • Comment
  • Source

    "(2) Campaign expenditures may not exceed:

    a) in case of Chamber of Deputies elections, the amount of CZK 90,000,000 including the VAT,

    b) in case of Senate elections, the amount of CZK 2,000,000 including VAT for each candidate, if the candidate participates only in the first round of the Senate elections, or CZK 2,500,000 including VAT if the candidate participates both in the first as well as the second round of the Senate elections.

    (3) The amount according to subsection 2 shall apply to all amounts which the political parties, political movements, coalitions, their candidates or independent candidates standing for election have paid or are due to pay, including amounts paid or due to be paid by third parties on the candidate’s behalf. If benefit, which is part of the election campaign, is received free of charge or for a price which is lower than the open market value, then the open market value shall be included in the calculation of the total campaign expenditures."

    Source: Articles 16c (2) and (3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(2) Campaign expenditures may not exceed the amount of CZK 40,000,000 including VAT if the candidate participates only in the first round of the presidential elections or CZK 50,000,000 including VAT if the candidate participates both in the first as well as the second round of the presidential elections. This amount includes all amounts which the presidential candidate has paid or is due to pay, including amounts paid or bound to be paid by third parties on the candidate’s behalf. If benefit, which is part of the election campaign, was received free of charge or for a price which is lower than the standard price, the standard price shall be included in the calculation of the total campaign expenditures."

    Source: Article 37 (2), Act No. 275/2012 on the Election of the President of the Republic, 2012

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeSpending limit exists
  • Comment

    For the Parliamentary elections the limits of the amounts a third party can pay are: CZK 1,800,000 for the Chamber of Deputies elections and CZK 40,000 for Senate elections.

  • Source

    "(8) Election campaign expenses of a registered third person may not exceed a) in case of Chamber of Deputies elections, the amount of CZK 1,800,000 including VAT, b) in case of Senate elections, the amount of CZK 40,000 including VAT for each electoral constituency, if the candidate participates only in the first round of the Senate elections, or CZK 50,000 including VAT for each electoral constituency, if the candidate participates both in the first as well as the second round of the Senate elections.

    (9) The amount according to subsection 8 shall cover all amounts which the registered third person paid or is due to pay, including amounts paid or to be paid by another person on their behalf. If a benefit, which is part of the election campaign, was received free of charge or for a price which is lower than the open market price, the open market price shall be included in the calculation of the total campaign expenditures."

    Source: Articles 16e (8) and (9), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeYes, for third parties
  • Comment

    Radio and television broadcasters may not become third persons and respectively can't contribute to the campaign expenditures. 

  • Source

    Art. 16. "(4) Each mayor may reserve a space for election posters 16 days before the election day. Such space must meet the requirements of equal treatment of all political parties and coalitions standing for election or candidates running for Senate. Communication media of the region or municipality or legal person managed by the region or municipality may not be used for election campaign."

    Art. 16e. "(2) For the purpose of this Act, the following entities may not become registered third persons: ... the radio and television broadcasters."

    Source: Articles 16(4) and 16e (2), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

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

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

    "(1) Political parties and movements are obligated to present their annual financial reports featuring the following information to the Chamber of Deputies by 1 April of each year:

    (a) annual accounting statements in accordance with the Act on Accounting, 

    (b) auditor’s report on annual financial statement with no reservations,

    (c) an overview of the total revenue broken down by Article 17 (8), to which the Parties and the Movement shall attach: 1) a list of companies or cooperatives in which a party or movement has a stake, indicating the amount of such share; 2) an overview of loans, borrowings and other debts, indicating the amount and conditions thereof, including maturity, the name, surname and date of birth of natural person donating these funds, or in case of a legal person, the name of his company and registration number, if applicable.

    (d) an overview of wage costs by the party or movement of paid persons, indicating the number of such persons and the type of work performed,

    (e) an overview of total expenditure on taxes, fees and other similar cash benefits,

    (f) election expenditures broken down by type of election to which the Party and Movement participated in the given calendar year,

    (g) an overview of all gifts and donations, indicating the amount of monetary donations and the usual price of non-monetary gifts, the name, surname and date of birth of the donor; if the donor is a legal person, shall specify its company name and the identification number,

    (h) a summary of other gratuitous services provided to the party of movement, if their usual price exceeds the amount of CZK 50,000, with the name, surname and date of birth; if the provider is a legal person, his company name and identification number,

    (i) an overview of the value of the property acquired by inheritance or by reference; if the value of the acquired property exceeds 50000 CZK, the name, surname, date of birth and date of death and the municipality of the last place of residence of the deceased,

    j) an overview of members whose annual membership fee is more than 50000 CZK, including the amount paid by each such member and his/her first name, surname, date of birth and place of residence,

    (k) the name and adress of the political institute of which the party or movement is the founder or member and the expenses incurred in support of its activities at least in the amount of the contribution to the activity of the political institute."

    Source: Article 19(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    The information about parties' expenditures incured in connection with the election campaigns is covered by annual reports.

  • Source

    "(1) Political parties and movements are obligated to present their annual financial reports featuring the following information to the Chamber of Deputies by 1 April of each year:

    ... (f) election expenditures broken down by type of election to which the Party and Movement participated in the given calendar year, ..."

    Source: Article 19(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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

    "(2) Within 90 days after the announcement of final election results, political parties, political movements, coalitions or independent candidates standing for election shall publish on their respective websites a report on the election campaign financing in a manner enabling a remote access.

    (3) The report pursuant to subsection 2 shall include:

    a) an overview of gratuitous transactions granted to the political parties, political movements, coalitions or independent candidates standing for election for their election campaign including information on the open market value, unless the donation was a financial contribution, and information on donors and providers to the extent pursuant to section 16b(3), as well as the amount of election campaign expenses covered by the candidates themselves,

    b) an overview of election campaign expenses including the purpose for which they were used; if the transaction is realized for a lower price than the open market value, the identification data of the provider shall be included to the extent pursuant to section 16b(3),

    c) an overview of financial debts which the political parties, political movements, coalitions or independent candidates standing for election pledged to repay in connection with the campaign financing, including the transaction given or pledged to be given by the creditor to the political parties, political movements, coalitions or independent candidates standing for election; if the transaction is realized for a lower price than the open market value, the identification data of the creditor shall be included within the extent stipulated under section 16b(3).

    (4) The political parties, political movements, coalitions or independent candidates standing for election shall disclose the report pursuant to subsection 2 on a form published by the Office for Oversight in a decree.

    (5) Within 90 days after the announcement of final election results, political parties, political movements, coalitions and independent candidates shall submit their complete accounting records related to the election campaign to the Office for Oversight and a report on campaign financing signed by a person authorised to act on behalf of the political party or political movement standing for election or, in case of a coalition, signed by persons authorised to act on behalf of all political parties and political movements represented in the coalition, or signed by the independent candidate.

    (6) Within 15 days after the day when the unused funds left on the election account transferred to be used for a publicly beneficial purpose pursuant to section 16a(6)(b), independent candidates shall disclose on their respective websites in a manner enabling remote access and at the same time send to the Office for Oversight a signed notice regarding to whom, to what extent and for which publicly beneficial purpose these funds were transferred."

    Source: Articles 16d (2) - (6), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

50. Do third parties have to report on election campaign finances?
  • CodeYes
  • Comment
  • Source

    "(11) Registered third persons shall keep statements from their campaign accounts and records pursuant to subsection 10 for the period of 5 years and, upon request, submit these statements and records to the Office for Oversight.

    (12) Within 10 days after the end of the election campaign, registered third persons must publish an overview of election campaign expenses pursuant to subsection 10 on their respective websites. The overview must be displayed continuously for the duration of at least 3 months."

    Source: Articles 16e (11) and (12), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(11) Registered third persons shall keep statements from their campaign accounts and records pursuant to subsection 10 for the period of 5 years and, upon request, submit these statements and records to the Office for Oversight.

    (12) Within 10 days after the end of the election campaign, registered third persons must publish an overview of election campaign expenses pursuant to subsection 10 on their respective websites. The overview must be displayed continuously for the duration of at least 3 months."

    Source: Article 38a (11) and (12), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    Both the information from the parties' and candidates' financial reports is to be made public.

  • Source

    Art. 19f. "The Office ... (c) publish on its website the full annual financial reports of the parties and movements and the findings of its activities..."

    Art. 19h. "(6) The annual financial report is public. The annual financial report is available for inspection at the Office and on its website, which the Office will publish within 7 days of its delivery to the Office."

    Source: Articles 19(f) and 19h (6), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    "(2) Within 90 days after the announcement of final election results, political parties, political movements, coalitions or independent candidates standing for election shall publish on their respective websites a report on the election campaign financing, in a manner that would enable a remote access."

    Source: Articles 16d (2) - (6), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(2) Within 90 days after the announcement of final election results, a candidate for the position of President of the Republic shall publish a report on the financing of election campaign on his/her respective website, in a manner that would enable a remote access."

    Source: Article 38 (2), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    Art. 19h. "(1) Parties and movements shall submit annually by 1 April to the Office an annual financial report which includes: ... g) an overview of all gifts and donations, indicating the amount of monetary donations and the usual price of non-monetary gifts, the name, surname and date of birth of the donor; if the donor is a legal person, shall specify its company name and the identification number, ...".

    Source: Articles 19h(g), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    Art. 16d. "(2) Within 90 days after the announcement of final election results, political parties, political movements, coalitions or independent candidates standing for election shall publish on their respective websites a report on the election campaign financing in a manner enabling a remote access.

    (3) The report pursuant to subsection 2 shall include: a) an overview of gratuitous transactions granted to the political parties, political movements, coalitions or independent candidates standing for election for their election campaign including information on the open market value, unless the donation was a financial contribution, and information on donors and providers to the extent pursuant to section 16b(3), as well as the amount of election campaign expenses covered by the candidates themselves, ..."

    Art. 16b. "(3) Information on funds saved on the election account shall include the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable."

    Source: Articles 16d (2) and (3) and 16b (3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws, 1995

    Art. 38. "(2) A candidate for the position of President of the Republic shall publish a report on the financing of the election campaign in a way allowing remote access on its website within 90 days of the announcement of the total election result.

    (3) The report referred to in paragraph 2 shall contain: (a) a list of free benefits provided to the candidate for an electoral campaign, indicating the usual price, if not a cash donation, and data on donors and providers to the extent specified in Section 36 (3), as well as the amount of election campaign expenditures paid by the candidate himself, ..."

    Art. 36. "(3) The data on the funds in the election account shall be recorded with the name, surname, date of birth and the municipality in which the natural person who provided these funds has his / her permanent residence or, in the case of a legal person, company name or registered office, and the identification number of the person if assigned."

    Source: Articles 38 (2 and 3) and 36 (3), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    "(1) Political parties and movements are obligated to present their annual financial reports featuring the following information to the Chamber of Deputies by 1 April of each year: ... 

    (c) an overview of the total revenue broken down by Article 17 (8), to which the Parties and the Movement shall attach: 1) a list of companies or cooperatives in which a party or movement has a stake, indicating the amount of such share; 2) an overview of loans, borrowings and other debts, indicating the amount and conditions thereof, including maturity, the name, surname and date of birth of natural person donating these funds, or in case of a legal person, the name of his company and registration number, if applicable.

    (g) an overview of all gifts and donations, indicating the amount of monetary donations and the usual price of non-monetary gifts, the name, surname and date of birth of the donor; if the donor is a legal person, shall specify its company name and the identification number,

    (h) a summary of other gratuitous services provided to the party of movement, if their usual price exceeds the amount of CZK 50,000, with the name, surname and date of birth; if the provider is a legal person, his company name and identification number,

    (i) an overview of the value of the property acquired by inheritance or by reference; if the value of the acquired property exceeds 50000 CZK, the name, surname, date of birth and date of death and the municipality of the last place of residence of the deceased,

    j) an overview of members whose annual membership fee is more than 50000 CZK, including the amount paid by each such member and his/her first name, surname, date of birth and place of residence, ..."

    Source: Article 19(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    Art. 16d. "(2) Within 90 days after the announcement of final election results, political parties, political movements, coalitions or independent candidates standing for election shall publish on their respective websites a report on the election campaign financing in a manner enabling a remote access.

    (3) The report pursuant to subsection 2 shall include: a) an overview of gratuitous transactions granted to the political parties, political movements, coalitions or independent candidates standing for election for their election campaign including information on the open market value, unless the donation was a financial contribution, and information on donors and providers to the extent pursuant to section 16b(3), as well as the amount of election campaign expenses covered by the candidates themselves, ..."

    Art. 16b. "(3) Information on funds saved on the election account shall include the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable."

    Source: Articles 16d (2) and (3) and 16b (3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws, 1995

    Art. 38. "(2) A candidate for the position of President of the Republic shall publish a report on the financing of the election campaign in a way allowing remote access on its website within 90 days of the announcement of the total election result.

    (3) The report referred to in paragraph 2 shall contain: (a) a list of free benefits provided to the candidate for an electoral campaign, indicating the usual price, if not a cash donation, and data on donors and providers to the extent specified in Section 36 (3), as well as the amount of election campaign expenditures paid by the candidate himself, ..."

    Art. 36. "(3) The data on the funds in the election account shall be recorded with the name, surname, date of birth and the municipality in which the natural person who provided these funds has his / her permanent residence or, in the case of a legal person, company name or registered office, and the identification number of the person if assigned."

    Source: Articles 38 (2 and 3) and 36 (3), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    "(1) Political parties and movements are obligated to present their annual financial reports featuring the following information to the Chamber of Deputies by 1 April of each year:

    (d) an overview of wage costs by the party or movement of paid persons, indicating the number of such persons and the type of work performed,

    (e) an overview of total expenditure on taxes, fees and other similar cash benefits,

    (f) election expenditures broken down by type of election to which the Party and Movement participated in the given calendar year, ..."

    Source: Article 19(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    Art. 16d. "(2) Within 90 days after the announcement of final election results, political parties, political movements, coalitions or independent candidates standing for election shall publish on their respective websites a report on the election campaign financing in a manner enabling a remote access.

    (3) The report pursuant to subsection 2 shall include: ... b) an overview of election campaign expenses including the purpose for which they were used; if the transaction is realized for a lower price than the open market value, the identification data of the provider shall be included to the extent pursuant to section 16b(3); c) an overview of financial debts which the political parties, political movements, coalitions or independent candidates standing for election pledged to repay in connection with the campaign financing, including the transaction given or pledged to be given by the creditor to the political parties, political movements, coalitions or independent candidates standing for election; if the transaction is realized for a lower price than the open market value, the identification data of the creditor shall be included within the extent stipulated under section 16b(3)."

    Art. 16b. "(3) Information on funds saved on the election account shall include the first name, surname, date of birth and permanent residence address of the natural person donating these funds, or in case of a legal person, the name of the respective company or legal name, registered address and registration number of the person, if applicable."

    Source: Articles 16d (2) and (3) and 16b (3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws, 1995

    Art. 38. "(2) A candidate for the position of President of the Republic shall publish a report on the financing of the election campaign in a way allowing remote access on its website within 90 days of the announcement of the total election result.

    (3) The report referred to in paragraph 2 shall contain: ... (b) an overview of the expenditure for the election campaign, indicating the purpose for which it was used; if the performance is provided at a price lower than usual, the identification data of the provider shall be provided to the extent specified in Section 36 (3); (c) a list of monetary debts to be fulfilled by the candidate for the position of the President of the Republic in connection with the financing of the election campaign, with the indication of the performance which the candidate for the position of the President of the Republic has been granted to the creditor or the provision of which the creditor has committed; if the performance is provided at a price lower than usual, the creditor identification data shall be provided to the extent specified in Section 36 (3)."

    Art. 36. "(3) The data on the funds in the election account shall be recorded with the name, surname, date of birth and the municipality in which the natural person who provided these funds has his / her permanent residence or, in the case of a legal person, company name or registered office, and the identification number of the person if assigned."

    Source: Articles 38 (2 and 3) and 36 (3), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    The Office for the Surveillance of the Political Parties and Political Movements (hereinafter referred to as "the Office") receives the financial reports both from political parties and election candidates.

  • Source

    "(1) The Office shall exercise supervision pursuant to this Act by examining the annual financial reports submitted by parties and movements or by own control of the management of parties and movements. The Authority shall have the right, in the exercise of its oversight, to acquaint itself with all data relating to the management of parties and movements. The Party or Movement shall provide the Office with assistance in accordance with the Rules of Procedure.

    (2) Supervisory activity shall be exercised by the Chairman of the Office, by the members of the Office and authorized by the employees of the Office. While performing it, they are certified."

    Source: Article 19g (1) and (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    (5) Within 90 days after the announcement of final election results, political parties, political movements, coalitions and independent candidates shall submit their complete accounting records related to the election campaign to the Office for Oversight and a report on campaign financing signed by a person authorised to act on behalf of the political party or political movement standing for election or, in case of a coalition, signed by persons authorised to act on behalf of all political parties and political movements represented in the coalition, or signed by the independent candidate.

    (6) Within 15 days after the day when the unused funds left on the election account transferred to be used for a publicly beneficial purpose pursuant to section 16a(6)(b), independent candidates shall disclose on their respective websites in a manner enabling remote access and at the same time send to the Office for Oversight a signed notice regarding to whom, to what extent and for which publicly beneficial purpose these funds were transferred."

    Source: Articles 16d (2) - (6), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    "(5) The candidate for the position of President of the Republic within 90 days of the announcement of the total election result shall send to the Office all the accounts relating to the election campaign and the signed report on the financing of the election campaign."

    Source: Article 38 (5), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    Art. 19f. "The Office ... (f) deals with offenses and imposes administrative penalties, ..."

    "(1) The Office shall exercise supervision pursuant to this Act by examining the annual financial reports submitted by parties and movements or by own control of the management of parties and movements. The Authority shall have the right, in the exercise of its oversight, to acquaint itself with all data relating to the management of parties and movements. The Party or Movement shall provide the Office with assistance in accordance with the Rules of Procedure."

    Source: Articles 19f (f) and 19g (1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    Art. 16f. "(1) ... Deals with offenses and administrative delicts of legal and business individuals and imposes sanctions."

    Art. 16g. "(3) The offence shall be dealt with by: a) the Office for Oversight in case of offences pursuant to subsection 1(a) to (d) and (f) to (k); the decision of the Office for Oversight cannot be appealed or subjected to review proceedings, ..."

    Art. 16h. "(3) The offence shall be dealt with by the office for Oversight in case of offences pursuant to subsection 1(a) to (d) and (f) to (k); the decision of the Office for Oversight cannot be appealed or subjected to review proceedings."

    Source: Articles 16f (1), 16g (3) and 16h (3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    Art. 62. "(3) To discuss the offense under (a) aragraph 1 (a) to (d) and (f) to (k) and paragraph 2 shall be the responsibility of the Office; the decision of the Office can not be dealt with or reviewed in the review procedure, ..."

    Art. 63. "(2) The administrative offenses referred to in paragraph 1 (a) to (d) and (f) to (k) shall be dealt with by the Office. The decision of the Office can not be dealt with or reviewed in the review procedure."

    Source: Articles 62 (3) and 63 (2), Act No. 275/2012 on the Election of the President of the Republic, 2012

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

    Art. 19f. "The Office ... (f) deals with offenses and imposes administrative penalties, ..."

    Art. 19g. "(1) The Office shall exercise supervision pursuant to this Act by examining the annual financial reports submitted by parties and movements or by own control of the management of parties and movements. The Authority shall have the right, in the exercise of its oversight, to acquaint itself with all data relating to the management of parties and movements. The Party or Movement shall provide the Office with assistance in accordance with the Rules of Procedure."

    Art. 19m. "(1) The Office for the purposes of supervision and control over the management of parties and movements pursuant to this Act shall use the following reference data from the population's basic register: (a) the name or surname, surname; (b) date and place of birth; (c) address of the place of stay, (d) citizenship or, where appropriate, nationality.

    (2) The Office for the purposes of supervision and control over the management of parties and movements pursuant to this Act shall use the following data from the population information system: a) name, if applicable, name, surname, family name; b) date and place of birth; c) adress of permanent residence, including previous addresses of permanent residence; d) citizenship or, where appropriate, more nationality.

    (3) For purposes of supervision and control over the management of parties and movements pursuant to this Act, the Office shall use the following information from the Foreign Nationals Information System: a) the name, if any, the surname, including the previous surname, the surname; b) date and place of birth; c) the type and address of the place of stay in the territory of the Czech Republic; d) beginning of the stay, or the date of the end of the stay; e) citizenship."

    Source: Article 19f (f), 19g (1) and (2), 19m (1) - (3), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

    "(2) For the purpose of exercising oversight over election campaign financing, the Office for Oversight shall use the following referential data from the Register of Inhabitants: a) first name, surname, b) date of birth, c) residence address, d) citizenship or, if applicable, nationality.

    (3) For the purpose of exercising oversight over election campaign financing, the Office for Oversight shall use the following data from the Population Register Information System: a) first name, surname, maiden name; b) date of birth; c) permanent residence address, including previous permanent residence addresses; d) citizenship or, if applicable, nationality.

    (4) For the purpose of exercising oversight over election campaign financing, the Office for Oversight shall use the following data from the Foreign Nationals Information System: a) first name, surname including previous surnames, maiden name; b) date of birth, c) residence address on the territory of the Czech Republic; d) start date of stay on the territory of the Czech Republic, end date of stay in the territory of the Czech Republic if applicable; e) citizenship.

    (5) For the purpose of exercising oversight over election campaign financing, the Office for Oversight shall use the following data: a) business name or name of the legal person, b) registered business address, c) statutory body, d) business identification number, e) date of incorporation, f) date of termination, g) legal status."

    Source: Articles 16f (2) - (5), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

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

    Art.16g. "(1) Natural persons commit an offence by: a) participating in an election campaign without the prior registration in the special register of the Office for Oversight in violation of section 16(2); b) using or allowing the use of communication media of a region or municipality or legal person managed by a region or municipality for election campaign in violation of section 16(4); c) failing to ensure that any promotion or election agitation using communication media or billboards or message to the disadvantage of any political party, political movement, coalition, their candidate or independent candidate standing for election, includes information on the person ordering the promotion or agitation and the author in violation of section 16(6); d) failing to add the first name, surname and registration number of a third person to election campaign tools in violation of section 16(6); e) publishing pre-election and election opinion polls in the period between the third day before the election day and the closing of the polls in violation of section 16(7); f) failing to open a campaign account in violation of section 16e(6) or failing to keep a campaign account pursuant to section 16e(6) or failing to inform the Office for Oversight pursuant to section 16e(6); g) depositing funds on the campaign account or failing to prove the identity of the owner of the bank account from which funds were transferred to the campaign account in violation of section 16e(7); h) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16e(8); i) failing to keep records of the use of election campaign funds in accordance with section 16e(10), or keeping the records in a manner violating section 16e(10); j) failing to submit campaign account statements and the records on the use of election campaign funds pursuant to section 16e(11), or k) failing to disclose an overview of election campaign expenses pursuant to section 16(12).

    (2) Independent candidates shall commit an offence by: a) failing to add their first name and surname to election campaign tools they use in violation of section 16(6); b) failing to open a campaign account in violation of section 16a(1) or failing to keep a campaign account pursuant to section 16a(2); c) using funds held in a campaign account in violation of section 16a(3); d) using unused campaign funds held in a bank account during administrative proceedings in the matter of breach of election campaign financing rules or within 180 days after the announcement of final election results in violation of section 16a(4); e) failing to transfer unused election campaign funds pursuant to section 16a(6); f) closing the election campaign account in violation of section 16a(7); g) failing to keep accounting records on the election campaign financing in violation of section 16(2); h) failing to disclose information on funds held in the campaign account pursuant to section 16b(3); i) failing to disclose information on other transfers with a monetary value pursuant to section 16b(4); j) exceeding the campaign expenditure limit for the Senate elections in violation of section 16c(2); k) failing to disclose the required data on persons who paid for or pledged to pay for election campaign expenses or donated funds to the campaign or provided a gratuitous transaction in violation of section 16c(4), or l) failing to meet the obligation ensuing from section 16d related to the disclosure of data on campaign financing, contents of the report on election campaign financing, submission of accounting records to the Office for Oversight or transferring funds from the campaign account.

    (4) The following fines may be imposed for committing an offence from: a) CZK 10,000 to CZK 100,000 in case of offences according to subsection 1 or 2(a) or 2(l); b) CZK 20,000 to CZK 300,000 in case of offences according to subsection 2(h), 2(i) or 2(k);  c) CZK 30,000 to CZK 500,000 in case of offences according to subsection 2(b), 2(c), 2(d), 2(e), 2(f) or 2(g); d) in case of violation of the campaign expenditure limit, from CZK 10,000 to up to the 1.5 multiple of the amount by which the campaign expenditure limit was exceeded in case of an offence according to subsection 2(j)." 

    Art.16h. "(1) Legal persons or natural persons conducting business commit an administrative offence by: a) participating in an election campaign without the prior registration in the special register of the Office for Oversight in violation of section 16(2); b) using or allowing the use of communication media of a region or municipality or legal person managed by a region or municipality for election campaign in violation of section 16(4); c) failing to ensure that any promotion or election agitation using communication media or billboards or message to the disadvantage of any political party, political movement, coalition, their candidate or independent candidate standing for election, includes information on the person ordering the promotion and the author in violation of section 16(6); d) failing to add the business name, acronym or name, surname and registration number of a third person to election campaign tools in violation of section 16(6); e) publishing pre-election and election opinion polls in the period between the third day before the election day and the closing of the polls in violation of section 16(7); f) failing to open a campaign account in violation of section 16e(6) or failing to keep a campaign account pursuant to section 16e(6) or failing to inform the Office for Oversight pursuant to section 16e(6); g) depositing funds on the campaign account or failing to prove the identity of the owner of the bank account from which funds were transferred to the campaign account in violation of section 16e(7); h) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16e(8); i) failing to keep records of the use of election campaign funds pursuant to section 16e(10), or keeping the records in a manner violating section 16e(10); j) failing to submit campaign account statements and the records on the use of election campaign funds pursuant to section 16e(11), or k) failing to disclose an overview of election campaign expenses pursuant to section 16(12).

    (2) Political parties or political movements standing for election or political parties and political movements forming part of a coalition standing for election commit an administrative offence by: a) failing to add their name or acronym to election campaign tools they use in violation of section 16(6); b) failing to open a campaign account in violation of section 16a(1) or failing to keep a campaign account in accordance with section 16a(2); c) using funds held in a campaign account in violation of section 16a(3); d) using unused campaign funds held in a bank account during administrative proceedings in the matter of breach of election campaign financing rules or within 180 days after the announcement of final election results in violation of section 16a(4); e) failing to transfer unused election campaign funds pursuant to section 16a(6); f) closing the election campaign account in violation of section 16a(7); g) failing to keep accounting records on the election campaign financing in violation of section 16(2); h) failing to disclose information on funds held in the campaign account pursuant to section 16b(3); i) failing to disclose information on other transactions with a monetary value pursuant to section 16b(4); j) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16c(2); k) failing to disclose the required data on persons who paid for or pledged to pay for election campaign expenses or donated funds to the campaign or provided a gratuitous transaction in violation of section 16c(4), or l) failing to meet the obligation ensuing from section 16d related to the disclosure of data on campaign financing, contents of the report on election campaign financing or submission of accounting records to the Office for Oversight.

    (3) The offence shall be dealt with by the office for Oversight in case of offences pursuant to subsection 1(a) to (d) and (f) to (k); the decision of the Office for Oversight cannot be appealed or subjected to review proceedings.

    (5) The following fines may be imposed for committing an administrative offence: a) CZK 10,000 to CZK 100,000 in case of administrative offences according to subsection 1 or 2(a) or 2(l); b) CZK 20,000 to CZK 300,000 in case of administrative offences according to subsection 2(h), 2(i) or 2(k); c) CZK 30,000 to CZK 500,000 in case of administrative offences according to subsection 2(b), 2(c), 2(d), 2(e), 2(f) or 2(g); d) in case of violation of the campaign expenditure limit, from CZK 10,000 to up to the 1.5 multiple of the amount by which the campaign expenditure limit was exceeded in case of an administrative offence according to subsection 2(j).

    Source: Articles 16g (1, 2 and 4) and 16h (1, 2, 3 and 5), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

    (2) The Ministry of Finance shall suspend the payment of the installment of the contribution to the activity if: (a) annual financial report has not been submitted to the Office; (b) submitted annual financial report is incomplete, or (c) an action has been brought under Article 15.

    Source: Article 20a (1) and (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991

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