IX. CAMPAIGN FINANCE
Despite previous recommendations and contrary to international good practice, campaign finance remains insufficiently regulated. The Election Code does not foresee donations, limitations on donations and expenditures, the use of party funds or transparent reporting and auditing mechanisms.
(OSCE/ODIHR Election Assessment Mission Final Report, Presidential Election, 12 February 2017, Turkmenistan, available at http://www.osce.org/odihr/316586?download=true accessed January 2018).
X. CAMPAIGN FINANCE
While the Election Code provides that all expenses related to the preparation and conduct of elections is covered by the state, there are limited provisions regulating campaign finance. The Election Code stipulates that the auditing group established under the CEC, which is responsible to check the financial reports of election commissions, may request relevant materials from candidates and also apply sanctions to candidates, individuals or legal entities in the event of violations related to the funding of elections. The details of such violations or sanctions are not specified. The Law on Political Parties foresees some general provisions on political party funding. The law establishes that monetary and in-kind donations are permissible up to an amount that does not exceed ten times the average monthly salary; although this limit is not applicable to contributions from legal entities. It outlines a number of prohibited sources of funding, including anonymous,charitable and religious organizations, state and foreign sources. The law also establishes that inkind public financing will be provided through access to state media, state-owned premises, and in organizing events. In general, the Law on Political Parties does not distinguish between regular party activities and those for campaign purposes. The law states that procedures for reimbursement of political party campaign expenses should be established by the electoral legislation, although this has not yet been adopted. There are also no provisions regarding limitations on campaign expenditures.
OSCE/ODIHR Election Assessment Mission Final Report, Parliamentary Elections, 15 December 2013, Turkmenistan, available at http://www.osce.org/odihr/elections/116011?download=true accessed January 2018).
Article 34. Powers of the Election Commission of Etraps, Cities and Towns
7) hear reports of the heads of relevant polling station election commissions, political parties, public associations, establishments, organizations and enterprises regarding matters connected with the preparation and conduct of elections, referenda;
Article 35. Powers of the Election Commission of Constituencies
3) hear reports of the heads of relevant polling station election commissions, political parties, public associations, establishments, organizations and enterprises regarding matters connected with the preparation and conduct of elections;
Chapter XVI. FUNDING OF ELECTIONS, REFERENDA Article 88. Funding of Elections, Referenda
5. Election commissions of etraps, cities, towns shall submit to the election commission of the velayat a report on the spending of funds within fifteen days after election, a public referendum day. Election commissions of velayats shall submit to the Central Election Commission a report on the spending of funds within one month after election, a public referendum day.
Article 89. Control Over Spending of Funds Allocated For the Preparation and Conduct of Elections, Referenda
4. Under the decision of the Central Election Commission, relevant Gengesh the auditing group shall: 1) audit financial reports of election commissions; 2) receive from candidates, election commissions, state agencies, physical persons and legal entities information regarding all matters within its competence. Responses to requests of the auditing group and materials requested by it shall be provided within a three-day period, and if it is five or less days prior to the voting day and on the voting day – immediately;
(Electoral Code of Turkmenistan, 2013, available at http://www.legislationline.org/download/action/download/id/5097/file/Turkmenistan_law_approval_Electoral%20Code_2013_en.pdf accessed January 2018).