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

Moldova, Republic of

Moldova, Republic of

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

(1) In case a political party receives donations in violation of the provisions of art. 26, including in case of receiving donations that exceed the established ceilings, the respective political party is obliged, within 3 days from the submission of the donation, to pay into the state budget the amounts received in violation of the law or to return the amounts received over the established ceilings.
(2) In case of non-compliance with the requirements of par. (1), the Central Electoral Commission issues a written summons addressed to the political party, requesting the removal of the violation and informing about the measures taken, within 3 working days from the issuance of the summons.
(3) The non-execution of the summons of the Central Electoral Commission constitutes a contravention and is sanctioned in accordance with the provisions of the Contravention Code. (4) In case of repetition, during a calendar year, of the violation provided in par. (3) and of the application of the contravention sanctions for these violations, the Central Electoral Commission adopts a decision regarding the deprivation of the respective party of the right to the allocations from the state budget for a period from 6 months to one year.
Source: Art. 31(1), Law on Political Parties, 2007 (amended 2020)

(2) As an independent supervisory and control body regarding the financing of political parties and electoral campaigns, the Central Electoral Commission:[…]
c) collects and systematizes the annual reports on the financial management of political parties, the reports on the audit of political parties and the reports on the financing of electoral campaigns presented by electoral contestants;
d) ensures the publication on its official page of the information and the annual reports regarding the financial management of the political parties, as well as of the reports regarding the financing of the electoral campaigns;
e) examines the notifications and appeals regarding the violation of the legislation regarding the financing of political parties and electoral campaigns;[…]
g) applies or requests the application of the sanctions, provided by this code and by Law no. 294-XVI of December 21, 2007 on political parties, for violating the legislation on the financing of political parties and electoral campaigns, notifies the competent bodies on violations that are liable to contravention, criminal liability or violation of tax law;
Source: Art. 43(1), Electoral Code, 1997 (amended 2020)

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