57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

Estonia

Estonia

Answer
Refer for investigation Carry out investigation Request additional information from potential violator Impose sanctions
Source

To perform the functions arising from subsections (1) and (11) of this section, the political party funding supervision committee has the right to demand that a political party, an election coalition or a single candidate undergo a special audit. The political party funding supervision committee will appoint an auditor by way of drawing lots among the certified auditors entered in the register of auditors. The name of the auditor and the reason of involving the auditor will be communicated to the party to the proceedings before involving the auditor, unless the matter needs to be attended to urgently or if the notification could impede the attainment of the purpose of the audit. The expenses of the audit are covered from the budget of the political party funding supervision committee. The political party funding supervision committee will establish a more detailed procedure for appointment of auditors.
Source: § 12.10(1.2), Political Parties Act, 1994 (amended 2014)

(1) The political party funding supervision committee will make a precept to a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition or a single candidate if the person:
1) has failed to perform the obligation to submit the report required under this Act or if the report contains deficiencies;
2) has failed to return a prohibited donation;
3) has not recognised an accepted donation;
4) has not transferred a prohibited donation to the state budget;
5) has failed to submit the documents specified in subsection 12.8(2) of this Act;
6) has failed to submit a document requested by the committee by the prescribed date.

(2) In a precept a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition or a single candidate is required to:
1) within the term set by the committee, submit the required documents or report or remove the deficiencies contained in the report or in the register of donations;
2) transfer the donation to the state budget in one of the manners specified in subsections 12,4(1)-(3) of this Act by the date prescribed by the committee.

(2.1) If a political party that receives allocations from the state budget or a person who ran in the list of the political party has not transferred a donation to the state budget in any of the manners specified in subsections 12.4(1)–(3) of this Act or returned it to the donator, the government agency appointed on the basis of subsection 12.7(4) of this Act will reduce the support paid on the basis of subsections of 127(1) and (2) of this Act to the extent of the triple of the donation amount specified in the precept, but no more than to the extent of 20 per cent of the support.

(6) To verify adherence to this Act, the political party funding supervision committee has the right to request documents from all the persons specified in subsection (1) of this section. The documents are requested in writing, indicating the purpose and legal ground of the request and referring to the possibilities of making a precept if the document is not submitted by the prescribed date. The term granted for the submission of a document must not be shorter than ten days.
Source: § 12.11(1-2.1, 6), Political Parties Act, 1994 (amended 2014)

In the event of failure to comply with a precept specified in clauses 1211(1) 1)-3), 5) and 6) of this Act, the political party funding supervision committee may impose a coercive payment of up to 15 000 euros in accordance with the procedure provided for in the Substitutive Enforcement and Coercive Payments Act.
Source: § 12.12(1), Political Parties Act, 1994 (amended 2014)

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