North Macedonia, Republic of
| Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIES
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2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
.
|
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIES
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4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
There is no ban, however, the amount is limited to 5% of the total income in the previous year.
Source
Electoral Code (2011)Article 83(2) The election campaign may be financed by:- the membership fee of the political party;- private persons, up to 5,000 Euro in Denar equivalent; and- legal entities, up to 5% of the total income in the previous year.
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5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
BLANK
Source
LAW ON FINANCING POLITICAL PARTIESArticle 20The political parties can not be financed by: - governments, international institutions, bodies and organizations of foreign states and other foreign persons, - state and local bodies with funds other than the ones envisaged in the Budget of the Republic of Macedonia, except the funds envisaged in this Law and the laws on elections, - public institutions, public enterprises, public funds or other legal entities that manage state capital, - public enterprises, public institutions and public funds established by the municipalities, - enterprises that have at least 20% participation of state-owned capital, public institutions and institutions including those that have initiated the process of privatization, - private enterprises that provide public services for state bodies or public institutions, enterprises and funds by an agreement at the moment of giving the contribution for the political party, - citizens? associations (non-governmental organizations), religious communities or religious groups, - funds of enterprises with mixed capital where a dominant owner is a foreign investor and - anonymous or unidentified sources.
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6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
BLANK
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7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 20 (1)The political parties can not be financed by: - governments, international institutions, bodies and organizations of foreign states and other foreign persons, - state and local bodies with funds other than the ones envisaged in the Budget of the Republic of Macedonia, except the funds envisaged in this Law and the laws on elections, - public institutions, public enterprises, public funds or other legal entities that manage state capital, - public enterprises, public institutions and public funds established by the municipalities, - enterprises that have at least 20% participation of state-owned capital, public institutions and institutions including those that have initiated the process of privatization, - private enterprises that provide public services for state bodies or public institutions, enterprises and funds by an agreement at the moment of giving the contribution for the political party, - citizens? associations (non-governmental organizations), religious communities or religious groups, - funds of enterprises with mixed capital where a dominant owner is a foreign investor and - anonymous or unidentified sources.
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8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
.
Source
Electoral code (2011)Article 83(1) The election campaigns may not be financed from:- Funds from the Budget of the Republic of Macedonia, except the funds defined inArticle 86 Paragraph 2 of this Code;- Funds from the budget of municipalities and the City of Skopje, except the fundsdefined in Article 86 Paragraph 2 of this Code;- Funds from public enterprises and institutions;- Funds from citizens' associations, religious communities, religious groups, andfoundations;- Funds from foreign governments, international institutions, bodies, and organisationsof foreign states and other foreigners;- Funds from joint ventures with dominant foreign capital; and- Funds from unidentified sources.
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
Article 20The political parties can not be financed by: - governments, international institutions, bodies and organizations of foreign states and other foreign persons, - state and local bodies with funds other than the ones envisaged in the Budget of the Republic of Macedonia, except the funds envisaged in this Law and the laws on elections, - public institutions, public enterprises, public funds or other legal entities that manage state capital, - public enterprises, public institutions and public funds established by the municipalities, - enterprises that have at least 20% participation of state-owned capital, public institutions and institutions including those that have initiated the process of privatization, - private enterprises that provide public services for state bodies or public institutions, enterprises and funds by an agreement at the moment of giving the contribution for the political party, - citizens? associations (non-governmental organizations), religious communities or religious groups, - funds of enterprises with mixed capital where a dominant owner is a foreign investor and - anonymous or unidentified sources. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
Art 83, '(1) The election campaigns may not be financed from:- Funds from the Budget of the Republic of Macedonia, except the funds defined inArticle 86 Paragraph 2 of this Code;- Funds from the budget of municipalities and the City of Skopje, except the fundsdefined in Article 86 Paragraph 2 of this Code;- Funds from public enterprises and institutions;- Funds from citizens' associations, religious communities, religious groups, andfoundations;- Funds from foreign governments, international institutions, bodies, and organisationsof foreign states and other foreigners;- Funds from joint ventures with dominant foreign capital; and- Funds from unidentified sources.(2) The election campaign may be financed by:- the membership fee of the political party;- private persons, up to 5,000 Euro in Denar equivalent; and- legal entities, up to 5% of the total income in the previous year...# (Source: Electoral Code (2011)) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Article 20The political parties can not be financed by: - governments, international institutions, bodies and organizations of foreign states and other foreign persons, - state and local bodies with funds other than the ones envisaged in the Budget of the Republic of Macedonia, except the funds envisaged in this Law and the laws on elections, - public institutions, public enterprises, public funds or other legal entities that manage state capital, - public enterprises, public institutions and public funds established by the municipalities, - enterprises that have at least 20% participation of state-owned capital, public institutions and institutions including those that have initiated the process of privatization, - private enterprises that provide public services for state bodies or public institutions, enterprises and funds by an agreement at the moment of giving the contribution for the political party, - citizens? associations (non-governmental organizations), religious communities or religious groups, - funds of enterprises with mixed capital where a dominant owner is a foreign investor and - anonymous or unidentified sources. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Source
Art 83, '(1) The election campaigns may not be financed from:- Funds from the Budget of the Republic of Macedonia, except the funds defined inArticle 86 Paragraph 2 of this Code;- Funds from the budget of municipalities and the City of Skopje, except the fundsdefined in Article 86 Paragraph 2 of this Code;- Funds from public enterprises and institutions;- Funds from citizens' associations, religious communities, religious groups, andfoundations;- Funds from foreign governments, international institutions, bodies, and organisationsof foreign states and other foreigners;- Funds from joint ventures with dominant foreign capital; and- Funds from unidentified sources.(2) The election campaign may be financed by:- the membership fee of the political party;- private persons, up to 5,000 Euro in Denar equivalent; and- legal entities, up to 5% of the total income in the previous year...# (Source: Electoral Code (2011)) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Additional public spending is banned during the campaign period. State media is required to be neutral.
Source
Article 74From the day of making the Decision for announcement of elections to the completion of the elections for President of the Republic of Macedonia, Members of Parliament of the Republic of Macedonia, and appointment of the Government of the Republic of Macedonia in accordance with the results from the elections as well as from the day of making the decision for announcement of elections to the completion of the elections for Mayor or Members of the Council i.e. until the constitution of the Municipal Council and the Council of the City of Skopje no extra payment of salaries, pensions, social benefits or other payments from the state budget or other public funds is allowed.Article 84-aFrom the day of adopting the decision to call elections until the end of the elections, the state bodies and the bodies of the local self-government and of the City of Skopje, may not publish advertisements financed by the Budget of the Republic of Macedonia, i.e. the budgets of the municipalities and of the City of Skopje.
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14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
. Source
LAW ON FINANCING POLITICAL PARTIESArticle 16The total amount of the individual donation must not exceed the amount of 150 average net salaries of legal entities and 75 average salaries of natural persons in the Republic, paid in the previous month and published by the State Statistical Office. This amount must not be cumulated more than once in a year.If the amount of the donation exceeds the amount determined in paragraph 1 of this Article, the political party cannot use it and shall be obliged to immediately, and at latest within 15 days from the day of receiving the donation, return the difference between the allowed and donated value to the donor.If the origin of the donation cannot be confirmed, the political party shall be obliged to immediately, and within 15 days from the receiving of the donation at latest, to transfer the donated amount to the Budget of the Republic of Macedonia. |
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
75 average salaries (individuals), 150 average salaries (legal entities)
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 16The total amount of the individual donation must not exceed the amount of 150 average net salaries of legal entities and 75 average salaries of natural persons in the Republic, paid in the previous month and published by the State Statistical Office. This amount must not be cumulated more than once in a year.
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16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
Limits for election campaigns apply equally to political parties and candidates. Source
Electoral Code (2011)Article 83(2) The election campaign may be financed by:- the membership fee of the political party;- private persons, up to 5,000 Euro in Denar equivalent; and- legal entities, up to 5% of the total income in the previous year.
'In the Former Yugoslav Republic of Macedonia (FYRoM), eligible physical persons are allowed to donate the equivalent of ?5,000, while legal entities may donate up to ?20,000.' (Source: Political Finance and Gender Equality. Zigan & Ohman. 2014. IFES.) |
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
EUR 5,000 [I$13,200] (individuals), EUR 20,000 (legal entities)
Comment
Limits for election campaigns apply equally to political parties and candidates.
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18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Limits for election campaigns apply equally to political parties and candidates. Source
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19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
EUR 5,000 [I$13,200] (individuals), EUR 20,000 (legal entities)
Comment
Limits for election campaigns apply equally to political parties and candidates
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20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
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24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIES1. Public sources of financing political partiesArticle 8The public sources for financing the political parties shall be the funds envisaged in the Budget of the Republic of Macedonia.Article 9The total funds for annual financing of the political parties shall amount to 0,06% of the total source incomes of the Budget of the Republic of Macedonia.The funds referred to in paragraph 1 of this Article shall be planned in their determined amount in the Budget of the Ministry of Justice for every fiscal year.The political parties may use the funds referred to in paragraph 1 of this Article solely for achieving their aims defined by law, statute and other acts of the party.
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29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
30% distributed among parties that won 1% of the vote, 70% to those with elected representatives
Source
LAW ON FINANCING POLITICAL PARTIESArticle 10The funds for financing the political parties, in the amount of 30% provided by the Budget of the Republic of Macedonia shall be allocated equally to all political parties that have won at least 1% of the votes of the turnout at the last elections for representatives in the Assembly of the Republic of Macedonia, at national level, or at the last held local elections in the self-government unit.The funds for financing the political parties, in the amount of 70% provided by the Budget of the Republic of Macedonia shall be allocated to political parties whose candidates are elected as representatives in the Assembly of the Republic of Macedonia, proportionally to the number of elected representatives, and to political parties whose candidates are elected counselors at the last held local elections, proportionally to the number of counselors elected. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to votes received
Comment
30% allocated equally, 70% proportionally to seats held.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 10The funds for financing the political parties, in the amount of 30% provided by the Budget of the Republic of Macedonia shall be allocated equally to all political parties that have won at least 1% of the votes of the turnout at the last elections for representatives in the Assembly of the Republic of Macedonia, at national level, or at the last held local elections in the self-government unit.The funds for financing the political parties, in the amount of 70% provided by the Budget of the Republic of Macedonia shall be allocated to political parties whose candidates are elected as representatives in the Assembly of the Republic of Macedonia, proportionally to the number of elected representatives, and to political parties whose candidates are elected counselors at the last held local elections, proportionally to the number of counselors elected.
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
Only provision is that funds must be spent according to law.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 9LAW ON FINANCING POLITICAL PARTIESArticle 9The political parties may use the funds referred to in paragraph 1 of this Article solely for achieving their aims defined by law, statute and other acts of the party.
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
.
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33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Number of candidates
Comment
Access is proportional to the number of districts where the contestant presents candidates.
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34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
.
Source
Electoral code (2011)2. Media PresentationArticle 75(1) The Broadcasting Council after previously obtained opinion from the State Election Commission adopts a Rulebook on the conduct of broadcasters in the period before commencement of the election campaign and a Rulebook on equitable access to media presentation during election campaign and shall publish them in the Official Gazette of the Republic of Macedonia.(2) The Rulebook on the conduct of broadcasters in the period before commencement of the electoral campaign shall stipulate the contents to be considered election media presentation and which shall not be allowed in the period before the commencement of the election campaign as well as the conduct of broadcasters from the day of announcement of elections to the day set for commencement of the election campaign.(3) The Rulebook on equitable access to media presentation during election campaign shall stipulate the forms of equitable electoral media presentation during the election campaign, the manner for securing equitable approach in presenting the participants in the electoral process in all forms of election media presentation and the methods of reporting during the election silence in the programming schemes of the broadcasters.(4) The broadcasters are required to comply with the rulebooks from paragraph (1) of this article.(5) The broadcasters are required to allow equitable access to election media presentation during the election campaign to all participants in the election process in accordance with the Rulebook on equitable access to media presentation during election campaign.
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35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Municipalities shall provide places where parties can place posters (at no charge) and meeting rooms. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
.
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37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
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| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
.
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39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
In relation to election campaigns
Source
Electoral Code (2011)Article 84When financing the election campaign, the election campaign organiser may spend no more than 180 Denars per registered voter in the electoral district i.e. municipality for which they have submitted list of candidate/s.
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40. If there are limits on the amount a political party can spend, what is the limit? |
Code
180 dinars [I$8] per registered voter in the electoral district.
Comment
.
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41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
.
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Limit depends on the type of election.
Comment
.
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43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
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46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 25The political party shall prepare a report on the received donations.The report on the received donations shall contain the data from the register of donations.The political party shall submit the report referred to in paragraph 2 of this Article at the latest by 31 March for the previous year, together with the annual financial statement referred to in Article 27 of this Law, to the State Audit Office.The political party shall submit the report referred to in paragraph 2 of this Article at the latest by 31 March for the previous year, to the Public Revenue Office.The State Audit Office and the Public Revenue Office shall be obliged to publish the obtained reports on their web sites.Article 27The political parties, until 31 March at the latest, shall prepare the annual financial statement for the previous year in accordance with law. The statement shall contain the financial operation of the account of the political party, as well as the sub-accounts of the local branches.The annual financial statement shall as well contain data for: - the total income including the data for the total amount of donations, gifts, contributions, dotations, money, material assets, equipment, services, personal incomes, membership fee, legates and other and - the total expenditures.The annual financial statement shall be submitted to the State Audit Office within the time period determined in paragraph 1 of this Article.If the State Audit Office establishes irregularities in the annual financial statement of the political party which are contrary to the provisions of this Law, it shall file a motion for initiation of a misdemeanor procedure or shall file a report to the competent public prosecutor in a period of 30 days as of the establishment of the irregularities.The template, form, content and manner of keeping the financial statement shall be prescribed by the Minister of Finance.
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48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
.
Source
Electoral Code (2011)Article 84-b(1) The organiser of the election campaign is required on the eleventh day from the day of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account from the day it was open until the end of the tenth day of the election campaign.(2) The organiser of the election campaign is required one day after the end of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account for the second half of the election campaign.(3) Reports from paragraphs (1) and (2) of this article shall be submitted on a template adopted by the Minister of Finance, which includes information on the name or designation of the donor, type and amount of donations, dates when donations were received and expenditures for each donation as well as incomes and expenditures throughout the election campaign.(4) Reports are submitted to the State Election Commission, State Audit Office and the State Commission for Preventing Corruption, which are required to publish them on their web sites.8. Financial ReportArticle 85(1) The organiser of the election campaign is required, immediately and no later than 15 days after the end of the election campaign to submit total financial report on the election campaign.(2) The financial report on the election campaign shall be submitted in a form prescribed in Article 84-b Paragraph (3).(3) The financial report shall be submitted to the State Election Commission, State Audit Office, State Commission for Preventing Corruption and the Parliament of the Republic of Macedonia, and for the local elections also to the Municipal Council and the Council of the City of Skopje.(4) The financial report from paragraph (3) of this article shall be published by State Election Commission, State Audit Office and the State Commission for Preventing Corruption on their websites.(5) When the organiser of a campaign is a group of voters, the excess of collected funds shall be donated to charity.(6) If the State Audit Office determines irregularities in the financial report of the organiser of the election campaign which are infringing the provisions of this Code, shall submit a request for instituting a misdemeanour procedure or shall deliver a submission to the competent public prosecutor within a period of 30 days from the day of determining the irregularities
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49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Independent candidates.
Source
Electoral Code (2011)Article 84-b(1) The organiser of the election campaign is required on the eleventh day from the day of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account from the day it was open until the end of the tenth day of the election campaign.(2) The organiser of the election campaign is required one day after the end of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account for the second half of the election campaign.(3) Reports from paragraphs (1) and (2) of this article shall be submitted on a template adopted by the Minister of Finance, which includes information on the name or designation of the donor, type and amount of donations, dates when donations were received and expenditures for each donation as well as incomes and expenditures throughout the election campaign.(4) Reports are submitted to the State Election Commission, State Audit Office and the State Commission for Preventing Corruption, which are required to publish them on their web sites.8. Financial ReportArticle 85(1) The organiser of the election campaign is required, immediately and no later than 15 days after the end of the election campaign to submit total financial report on the election campaign.(2) The financial report on the election campaign shall be submitted in a form prescribed in Article 84-b Paragraph (3).(3) The financial report shall be submitted to the State Election Commission, State Audit Office, State Commission for Preventing Corruption and the Parliament of the Republic of Macedonia, and for the local elections also to the Municipal Council and the Council of the City of Skopje.(4) The financial report from paragraph (3) of this article shall be published by State Election Commission, State Audit Office and the State Commission for Preventing Corruption on their websites.(5) When the organiser of a campaign is a group of voters, the excess of collected funds shall be donated to charity.(6) If the State Audit Office determines irregularities in the financial report of the organiser of the election campaign which are infringing the provisions of this Code, shall submit a request for instituting a misdemeanour procedure or shall deliver a submission to the competent public prosecutor within a period of 30 days from the day of determining the irregularities
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50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Political parties and the EMB publishes reports.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 27-aThe political party shall be obliged to publicly announce the annual financial statement on their website.ELECTORAL CODE (2011)Article 85(4) The financial report from paragraph (3) of this article shall be published by State Election Commission, State Audit Office and the State Commission for Preventing Corruption on theirwebsites.
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52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
Registers of donations must be reported to the EMB, and also be published by the political parties.
Source
LAW ON FINANCING POLITICAL PARTIESArticle 17The political parties shall keep a register of donations.The register referred to in paragraph 1 of this Article shall contain the following data: - the name, i.e. name of each donator individually, - the type and value of the donation and - the date of receiving the donation.The register of donations shall be kept in the form prescribed by the rulebook adopted by the Minister of Finance. The rulebook shall determine the form, content and manner of keeping the register of donations. The rulebook shall be adopted within six months from the day this Law enters into force.The political parties shall be obliged to announce the register of donations publicly on their web site, or to make it available to the public in another corresponding manner.ELECTORAL CODE (2011)Article 84-b(3) Reports from paragraphs (1) and (2) of this article shall be submitted on a template adopted by the Minister of Finance, which includes information on the name or designation of the donor, type and amount of donations, dates when donations were received and expenditures for each donation as well as incomes and expenditures throughout the election campaign.
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53. Must reports from political parties and/or candidates include information on itemized income? |
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54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
Annual reports to Public Revenue Office, the Central Register and the State Audit Office. Campaign reports to State Election Commission, State Audit Office, State Commission for Preventing Corruption and the Parliament of the Republic of Macedonia. For local election Municipal Council and the Council of the City of Skopje
Source
LAW ON FINANCING POLITICAL PARTIESArticle 25(3) The political party shall submit the report referred to in paragraph 2 of this Article at the latest by 31 March for the previous year, together with the annual financial statement referred to in Article 27 of this Law, to the State Audit Office.(4) The political party shall submit the report referred to in paragraph 2 of this Article at the latest by 31 March for the previous year, to the Public Revenue Office.Article 26(3) The political parties, in accordance with the legal regulations, shall submit the annual balance sheet for the financial operation to: the Public Revenue Office, the Central Register and the State Audit Office, and shall be obliged to announce them on their web sites.Article 27(3) The annual financial statement shall be submitted to the State Audit Office within the time period determined in paragraph 1 of this Article.ELECTORAL CODE (2011)Article 84-b(1) The organiser of the election campaign is required on the eleventh day from the day of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account from the day it was open until the end of the tenth day of the election campaign.(2) The organiser of the election campaign is required one day after the end of the election campaign to submit financial report on the incomes and expenditures on the election campaign bank account for the second half of the election campaign. (4) Reports are submitted to the State Election Commission, State Audit Office and the State Commission for Preventing Corruption, which are required to publish them on their web sites.Article 85(3) The financial report shall be submitted to the State Election Commission, State Audit Office, State Commission for Preventing Corruption and the Parliament of the Republic of Macedonia, and for the local elections also to the Municipal Council and the Council of the City of Skopje. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
State Audit Office has mandate to investigate breaches of financial rules by political parties or organizers of election campaigns. The role of other institutions who receive the financial reports is not clear (State Commission for Preventing Corruption, the Public Revenue Office, the Parliament)
Source
LAW ON FINANCING POLITICAL PARTIESArticle 27The annual financial statement shall be submitted to the State Audit Office within the time period determined in paragraph 1 of this Article.If the State Audit Office establishes irregularities in the annual financial statement of the political party which are contrary to the provisions of this Law, it shall file a motion for initiation of a misdemeanor procedure or shall file a report to the competent public prosecutor in a period of 30 days as of the establishment of the irregularities.ELECTORAL CODE (2011)Article 85(6) If the State Audit Office determines irregularities in the financial report of the organiser of the election campaign which are infringing the provisions of this Code, shall submit a request for instituting a misdemeanour procedure or shall deliver a submission to the competent public prosecutor within a period of 30 days from the day of determining the irregularities. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
Comment
Fines for misdemeanors, excessive donations and other offences. Repeated offences can lead to loss of public funding. Vote buying and non-submission of financial reports can lead to imprisonment.
Source
LAW ON FINANCING POLITICAL PARTIESIV. MISDEMEANOR PROVISIONSArticle 28Fine in the amount of Euro 1.000 to 2.000 in Denar counter-value shall be imposed to a natural person for a misdemeanor, while fine in the amount of Euro 5.000 to 10.000 in Denar counter-value shall be imposed for misdemeanor to the legal entity, should they act against the provisions referred to in Article 16 paragraph 1 of this Law.Fine in five to ten times the amount of the difference between the allowed and donated value shall be imposed to the political party for misdemeanor, should it act against Article 16 paragraph 2 of this Law.Fine in ten to twenty times the amount of the donated value shall be imposed for misdemeanor to the political party, should it act against Article 16 paragraph 3 of this Law.Article 29Fine in the amount of Euro 5.000 to 10.000 in Denar counter-value shall be imposed for misdemeanor to the political party that acts against Articles 25, 26 paragraph 3, 27 and 27-a of this Law.Article 32In case if the political parties more often than twice a year commit a misdemeanor, as stipulated by this Law, the same shall not be awarded budget funds in accordance with this Law in duration of one year.ELECTORAL CODE (2011)XIII. PENAL AND MISDEMEANOR PROVISIONSArticle 178(1) For acts of preventing the elections and voting, violating and abusing the right to vote, violating the voter?s freedom of choice, bribing during the elections and voting, destroying electoral documents and committing electoral fraud, shall be punished pursuant to the provisions of the Criminal Code.(2) For the criminal acts of Paragraph 1 of this Article the procedure is urgent.Article 181(1) A fine of 1,500 to 3,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a broadcaster if:- it does not comply to the rules from Article 75 paragraph (2) and (3) of this law; and- it does not provide equitable presentation of the participants of the electoral process (Article 75 paragraph (5) and Article 75-a paragraph (1)).(2) A fine of 300 to 1,000 EUR in MKD equivalent shall be imposed to the editor-in chief for the activities from paragraph (1) of this Article.Article 182(1) A fine of 3,000 to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a broadcasting or printed media if they:- broadcast additional time of paid political advertising per real hour, contrary to Article 75-a paragraph 1 of this law;- do not determine a pricelist for paid political advertising of election programmes of the participants in the electoral process (Article 75 paragraph (2));- do not publish the price list in the period from commencement and conclusion of the election campaign (Article 75-a paragraph (3));- make changes to the pricelist during the election campaign (Article 75-a paragraph (4));- do not submit the pricelists to relevant authorities (Article 75-a paragraph (5); and- do not allow for equitable presentation of the participants in the electoral process (Article 75-a paragraph (6).(2) A fine of 500 to 1,500 EUR in MKD equivalent for an offence shall be imposed to the editor in- chief for activities from paragraph (1) of this article.Article 188-a(1) A fine of 4,000 to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to the organizer of the election campaign if:- does not submit financial reports within the deadline foreseen in Article 84-b paragraphs (1) and (2) of this Code.Article 189(1) A fine of 4,000 up to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to an organiser of a political campaign that fails to submit a report on the financing of election campaign referred to in Article 85 of this Code, i.e. when financial means have been used for financing of election campaign in accordance with Article 83 of this Code(2) A fine of 4,000 up to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a political party for spending more funds during the election campaign than the amount defined in Article 84 of this Code.(3) A fine of 500 up to 1,500 EUR in MKD equivalent for misdemeanour shall be imposed to the responsible person of a political party for the activities referred to in paragraphs (1) and (2) of this Article.CRIMINAL CODEArticle 162(1) Whosoever offers, gives or promises a present or some other benefit to a person with voting right, with the intention to attract this person to perform, not to perform or how to perform the voting right, shall be sentenced to imprisonment of at least five years.(2) The sentence referred to in paragraph (1) shall be as well imposed to a person with voting right who requests for himself a present or some other benefit, or who receives a present or some other benefit, in order to perform, not to perform or to perform the voting right it in a certain manner.(3) If the benefit is of minor value, the offender shall be fined or sentenced to imprisonment of up to one year.(4) If the crime referred to in this Article is committed by a legal entity, it shall be fined.Abuse of funds for financing the electoral campaignArticle 165-a(1) Organizer of the electoral campaign who by not reporting the financial source in the electoral campaign, by preventing the supervision of the allocation of the projected funds, by not submitting financial report for the spent funds, by passing the legal limitations of the funds approved for the electoral campaign, by using unallowed funds for the electoral campaign, by payments contrary to the campaign for financing the campaign or who in any other manner abuses his entrusted authorization by law as organizer of the campaign, shall be sentence with minimum imprisonment of five years.(2) The sentence referred to in paragraph (1) of this Article shall also be pronounced to a responsible person in a legal entity that will not report donations or any other funds for financing the electoral campaign, and will prevent the supervision of the financing or assisting the electoral campaign in any other manner, will not submit a financial report or will provide false or incomplete data on given donations and other funds, will cross the legal limit of the funds approved for electoral campaign, will provide unallowed funds for the electoral campaign, will pay funds contrary to the intention for financing the campaign or will in any other manner abuse its authorization determined by law.(3) Whosoever contrary to the legal limitations secretly donates for another's electoral campaign or campaign for elections where he personally participates, in an amount higher than the legal maximum, shall be fined or sentenced with imprisonment of maximum three years.(4) If the crime referred to in this Article is committed by a legal entity, it shall be fined. (5) Illegally obtained funds shall be seized. |
