58. What sanctions are provided for political finance infractions?

Armenia

Armenia

Answer
  • Fines
  • Loss of nomination of candidate
Source

"3. Where it is specified in the conclusion of the Oversight and Audit Service that the good or service rendered for the purposes prescribed by part 1 of this Article for an election campaign has not been included in the expenditures of the campaign fund at its market value, the CEC shall institute administrative proceedings. Where the results of the instituted proceedings confirm the information specified in the conclusion of the Oversight and Audit Service, it shall impose an administrative penalty on the candidate, political party running in the elections in the amount of 3- fold of the expenditures not included in the fund expenditures.

4. Where it is substantiated that the expenditures made for the election campaign of a candidate, political party running in the elections have exceeded the maximum amount of expenditures prescribed by this Code, incurred for the purposes prescribed by part 1 of this Article, the CEC shall institute administrative proceedings, and where the results of the instituted proceedings confirm the information specified in the conclusion of the Oversight and Audit Service, it shall impose a fine on the candidate, political party running in the elections in the amount of 3-fold of the sum exceeding the maximum amount of the fund prescribed by this Code.

5. Where the difference between the amount spent for the purposes prescribed by part 1 of this Article for an election campaign and the amount of the fine paid to the State Budget prescribed by parts 3 and 4 of this Article, and the maximum amount of the campaign fund prescribed by this Code exceeds 20 per cent of the maximum amount of the campaign fund prescribed by this Code, the court shall, on the basis of the application of the election commission, revoke the registration of the candidate, the candidate list of the political party running in the elections."

Source: Article 27 (3) to (5), Electoral Code of the Republic of Armenia, 2016

Comment

CEC is the official state institution empowered for the imposition of sanctions foreseen by the Code on Administrative Crimes - Article 189.13 (Not submitting or disclosing reports to state authorized body on funds received and spent by the party), Article189.14 (Non-provision of documents to the State Authorized Body by the law), Article189.15 (Non-cash payment of over 100 times the minimum wage stipulated by law for a party) and 189.16 (Non-transfer of donations exceeding or unauthorized by party parties to the state budget or donor within the timeframe established by law). 

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