58. What sanctions are provided for political finance infractions?

Belarus

Belarus

Answer
  • Deregistration of party
  • Loss of nomination of candidate
  • Suspension of political party
Source

Article 31. Suspension of activity of political party, union

"Activity of political party, union may be suspended for the term of one to six months by the decision of the Supreme Court of the Republic of Belarus upon an application of the Ministry of Justice in the political party, union has been issued written caution and the political party, union failed to eliminate violations which have given ground for the issuance of the written caution within the established term or to inform the registering body of their elimination with presentation of confirming documents."

Article 32. Liquidation of political party, union by the decision of the Supreme Court of the Republic of Belarus

"Political party, union shall be liquidated by the decision of the Supreme Court of the Republic of Belarus in case:

  • of carrying out by political party, union propaganda of war or extremist activities;
  • of violation by political party, union of the legislation and (or) their statutes within a year after issuance of a written caution;
  • if, at the state registration of the political party, union founders, committed violations of this Law and (or) other acts of legislation that have irremovable nature;
  • if the numerical strength of political party does not correspond to requirements of part two of Article 10 of this Law, the composition of the union – to requirements of part three of Article 10 of this Law;
  • of failure to eliminate violations being the ground for suspension of activity of political party, union in the term established by the decision of the Supreme Court of the Republic of Belarus;
  • failure of political party, union to submit during three consecutive years, within the established term, data provided by part six of Article 27 of this Law.

Political party, union may be liquidated by the decision of the Supreme Court of the Republic of Belarus for one violation of the legislation on mass actions in the cases provided by legislative acts, and also for receipt by political party, its organizational structure, union of foreign free aid.

The application for liquidation of political party, union must be presented to the Supreme Court of the Republic of Belarus by the Ministry of Justice or by the General Prosecutor's Office of the Republic of Belarus."

Source: Article 31 (indents 1 - 3) and 32 , The Law of the Republic of Belarus on Political Parties, 1994 (Amended as of June 4, 2015)

 

Article 681. Refusal to register of a candidate for the President of the Republic of Belarus, for deputy

"The Central Commission, circuit, territorial electoral commission shall deny the registration of the candidate for the President of the Republic of Belarus, for deputies in the event of: ... use in the interests of election of monetary means or other material assistance of foreign countries and organizations, foreign citizens and stateless persons, international organizations, organizations the founders (participants, owners of property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;

The Central Commission, circuit, territorial electoral commission is entitled to deny the registration of the candidate for the President of the Republic of Belarus, for deputies in the event of:

  • submission of the data having essential nature, which do not correspond to reality, in the declaration on incomes and property of the person nominated as a candidate for the President of the Republic of Belarus or other persons specified in indent five of part four of Article 68 of this Code, as well as of the persons nominated as candidates for deputies. ...;
  • using advantages of an official position in the interests of election, specified in part two of Article 73 of this Code;
  • participation of the administration of an organization in gathering signatures, coercion in the course of gathering signatures and rewarding voters for putting their signatures;

The Central Commission is entitled to deny the registration of a candidate for the President of the Republic of Belarus in case of exceeding by the person nominated as a candidate for President of the Republic of Belarus for more than 20 percent of the maximum amount of spending of means of the electoral fund specified in part three of Article 481 of this Code, or use of other monetary means in the same amounts in addition to means of the electoral fund."

Article 701. Cancellation of a decision on the registration of a candidate for the President of the Republic of Belarus, for deputy for the violation of the requirements of this Code

"The Central Commission, circuit, territorial electoral commission is entitled, without prior notice, to cancel the decision on registration of a candidate for the President of the Republic of Belarus, for deputies in the even of:

  • exceeding by more than 20 percent of the maximum amount of spending of means of the electoral fund mentioned in part three of Article 481 of this Code, or use of other monetary means in the same amounts in addition to means of the electoral fund;
  • participation of the administration of an organization in gathering signatures, coercion in the course of gathering signatures and rewarding voters for putting their signatures;
  • submitting the data having essential nature in the declaration in incomes and property of persons mentioned in indent two of part two of Article 681 of this Code, which do not correspond to reality;
  • using advantages of an official position in the interests of election, specified in part two of Article 73 of this Code;

The Central Commission, circuit, territorial electoral commission shall, without prior notice, cancel the decision on registration of a candidate for the President of the Republic of Belarus, for deputies: upon use in the interests of election of monetary means or other material assistance of foreign countries and organizations, foreign citizens and stateless persons, international organizations, organizations the founders (participants, owners of property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons."

Source: Article 681  and 701Electoral Code of the Republic of Belarus, 2000 (Amended as of June 4, 2015)

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