Moldova, Republic of
| Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Direct or/and indirect funding or material support of any kind for the electoral campaign of candidates in an election and of electoral contestants by foreign countries, foreign, international or joint enterprises, institutions, organisations, as well as by individuals who are not citizens of the Republic of Moldova is prohibited. Donations with funds not accumulated on Moldovan territory is prohibited.
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2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Direct or indirect support for the electoral campaign of candidates by foreign interest is prohibited. The ban cannot however 'be interpreted and enforced to limit funding allocated to support efforts to promote democratic values, international standards for free and fair elections'.
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3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Ban only applies to juridical persons donations exceeding the amount of 1,000 average monthly salaries in the national economy, established for the respective year. |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
It is not prohibited, because the Electoral Code contains provisions on donations from legal persons to electoral contestants.
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5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
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6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
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7. Is there a ban on anonymous donations to political parties? |
Code
Yes
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8. Is there a ban on anonymous donations to candidates? |
Code
Yes
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Article 26: "(5) Direct and indirect financing, material support in any form of political parties by other states and international organizations, enterprises and organisations financed by the state or with state or foreign capital, non-commercial organisations, trade unions, philanthropic and religious organisations, minor citizens of the Republic of Moldova or those located abroad, non-citizens of the Republic of Moldova, anonymous persons and on behalf of third persons is forbidden." (Source: Law on Political Parties, 2007) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
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11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Article 26: "(5) Direct and indirect financing, material support in any form of political parties by other states and international organizations, enterprises and organisations financed by the state or with state or foreign capital, non-commercial organisations, trade unions, philanthropic and religious organisations, minor citizens of the Republic of Moldova or those located abroad, non-citizens of the Republic of Moldova, anonymous persons and on behalf of third persons is forbidden." (Source: Law on Political Parties, 2007) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
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13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No data
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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
Source
Article 26: "(2) Annual revenues of a party, deriving from donations, shall not exceed the equivalent of 0,1 % of the revenues set out in the state budget for the respective year. (3) A natural person can make donations to one or more political parties. Donations made by a natural person to one or more political parties during a budgetary year shall not exceed the amount of 500 average monthly salaries in national economy, established for the respective year. If a person is the member of the political party, annual party member’s dues paid by him/her are included in the mentioned sum. (4) A juridical person can not donate during one budget year, to one or more political parties sums which exceed the amount of 1000 average monthly salaries in national economy, established for the respective year." (Source: Law on Political Parties, 2007) |
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? |
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16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Comment
No specific limit for elections, though annual limits apply and there is a limit on the maximum amount that a political party can raise. Source
P 9, "Funding of election campaigns 33. The relevant provisions of the EC are confined to the restrictions on funding of contestants' election campaigns referred to above- including the prohibition of funding by foreign citizens, under age Moldovan citizens, State funded organisations, anonymous persons or charitable or religious organisations, and to the obligation to open a special 'electoral account'. The maximum amount that can be deposited in this account is established by the CEC" [The "maximum amount" refers to a limit on how much money a party can raise, not on individual donations] (Source: GRECO (2010) Evaluation Report on Moldova, Transparency of Party Funding (Theme II)) |
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
Not applicable
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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
In relation to campaigns 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
Legal entities: 400 average monthly salaries. Individuals: 200 average monthly salaries.
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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, both regularly and in relation to campaigns
Comment
Annually provided funding an in relation to campaigns. For campaigns, political parties receive interest free loans that are cleared off after elections if they receive at least 3% of votes.
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29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Proportional to votes received, seats in parliament and 3% threshold (for campaign funding)
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30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Flat rate by votes received
Proportional to seats received
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
Headquarters maintenance, expenditures for personnel, media and advertising material, trips in country or abroad, telecommunications, organizing activities with political character, receiving delegations from abroad, membership fees for international organizations, corporate and real estate investment, protocol, stationery and elections.
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Electoral contestants shall have equal access to mass media, including radio and TV, financed by the state budget. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
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34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Public broadcasters allocate freeairtime to candidates.
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35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Parties receive tax benefits, space for campaining. Political parties can also receive interest-free loans from the government.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
The Law on Political Parties include provisions for regular public funding, but this section will not come into effect until 2013. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
There are no provisions for financial advantages to encourage gender equality.
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| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Electoral contestants may not offer voters money or gifts or distribute goods free of charge, including humanitarian aid or other charity.
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39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The limit is set by the Central Election Commission for each election.
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40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Limit set by the EMB for each election
Comment
The Central Election Commission can establish the ceiling of the funds to be wired to the electoral accounts.
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41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Set by the EMB for each election
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Set by the EMB for each election
Comment
The Central Election Commission can establish the limit of the funds wired to the electoral accounts.
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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
Annually
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48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Reports should be submitted every two weeks.
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49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The electoral contestants (for the exact definition see the Electoral Code) have to report bi-weekly.
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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
The reports shall be placed on the web page of the Central Electoral Commission within 48 hours
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52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Only in relation to elections.
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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
EMB
Comment
The CentralElection Commission collects and systematizes annual financial reports of political parties, reports on politicalparties? audits, and also reports on financing of electoral campaigns submittedby electoral contestants
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
It is the responsibility of the Central Election Commission (CEC) to oversee compliance with the political finance laws and impose sanctions for violations. The CEC also reviews complains regarding violations.
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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 many violations, or ?the political party can loose the right for public funding. The Chisinau Court of Appeal decides on deregistration of candidates upon request by the EMB. The Supreme Court of Justice can annul the registration of a party as an electoral competitor. |
