58. What sanctions are provided for political finance infractions?

Ukraine

Ukraine

Answer
  • Fines
  • Loss of public funding
Source

The public funding of the statutory activities of political party shall be terminated based on the following grounds:

1) if the criminal law measures provided by the Criminal Code of Ukraine were used against political party pursuant to the procedure established by law;

2) if during one year the party repeatedly committed one of the following offences: if the party failed to submit to the National Agency for Prevention of Corruption by the legally established deadline a report on property, incomes, expenses and financial obligations; if the party submitted to the National Agency for Prevention of Corruption report on property, incomes, expenses and financial obligations prepared with gross violations of the legally prescribed requirements or the report that contains untruthful information on party’s property, incomes or expenses amounting to twenty minimum monthly salaries as established on January 1 of the respective calendar year; if the party intentionally received a donation from a prohibited source or in amount exceeding the legally established maximum;

3) in the case of reorganization (except for merger with other political parties or acquisition of/by other political parties), termination (self-dissolution) of political party;

4) in the case of prohibition of political party or cancellation of its certificate of registration pursuant to the procedure prescribed by the law;

5) if a court, based on a lawsuit filed by the National Agency for Prevention of Corruption or by the Accounting Chamber, established the fact that the State Budget funds allocated to funding of the statutory activities of political party were used to fund the party’s election campaigning in the parliamentary, presidential or local elections, or for the purposes other than those related to carrying out party’s statutory activities;

6) if the funds received for funding of the statutory activities of political party were not used during one year starting from the date when the respective funds were initially transferred to the party’s separate bank account;

7) if the party repeatedly, during the same year, transferred to a separate account opened at the banking institution of Ukraine for transferring the State Budget funds allocated to public funding of the statutory activities of political party the funds forbidden from being transferred to such bank account pursuant to this Law; 

8) if the party submitted a statement of refusal from public funding to the National Agency for Prevention of Corruption.

Source: Article 178, Law On Political Parties, 2019

Violation of the procedure established by law for providing or receiving a contribution for the support of a political party, violation of the established procedure for providing or receiving of the state funding of the statutory activity of a political party, as well as a violation of the procedure established by law for providing or receiving financial support for election campaigning, campaigning during the all-Ukrainian or local referendum - shall be punishable by a fine in the amount of from seventy to one hundred tax-free minimum incomes for citizens and in the amount from one hundred to one hundred and thirty tax-free minimum incomes for public officials, with the forfeiture of a sum of contribution to a political party provided or received in violation of the law.

Source: Article 21215, Code of Administrative Offences of Ukraine, 2019

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