Armenia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Ban applies to donations made by legal entities with foreign participation, if the stocks, shares, shares of a foreign participant are more than 30% in the charter capital of the legal entity. Source
Donations are not allowed from "foreign entities, foreign citizens and legal entities, as well as legal entities with foreign participation, if the stocks, shares, shares of a foreign participant are more than 30% in the charter capital of the legal entity"; Source: Article 24 (4), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Although donations from foreign interests to candidates are not explicitly banned, the paragraph 4 of Article 26 of the Electoral Code of Armenia provides that donations from persons, both physical and legal, not eligible to make donations to pre-election funds, are immediately transferred to state budget. The eligible entities are indicated in the paragraphs 2 and 3 of the Article 26, which do not make any reference to any foreign entity. Source
"2. The candidate's pre-election fund shall be formed: 1) from his own personal resources; 2) the means provided by the party that nominated him; 3) voluntary contributions of the persons entitled to vote. 3. Pre-election fund of the party (party alliance) which participates in elections shall be formed: 1) the means of that party (members of the alliance); 2) personal means of the candidate included in the electoral list of the political party participating in the elections (party alliance); 3) voluntary contributions of the persons entitled to vote." Paragraph 4 of Article 26 also provides that "The amounts paid to the pre-election funds by natural and legal persons not mentioned in paragraphs 2 and 3 of this Article shall be transferred to the state budget." Source: Article 26 (2), (3) and (4), Electoral Code of the Republic of Armenia, 2016 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Blank Source
Blank |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Still, the corporate donors can make indirect donations for candidates by donating to a political party, which, according to paragraph 3 of Article 26, further have the right to use their own means in funding their own electoral campaigns. Source
Paragraphs 2 and 3 of the Article 26 of the Electoral Code of Armenia establish that: "2. The candidate's pre-election fund shall be formed: 1) from his own personal resources; 2) the means provided by the party that nominated him; 3) voluntary contributions of the persons entitled to vote. 3. Pre-election fund of the party (party alliance) which participates in elections shall be formed: 1) the means of that party (members of the alliance); 2) personal means of the candidate included in the electoral list of the political party participating in the elections (party alliance); 3) voluntary contributions of the persons entitled to vote." Source: Article 26 (2) and(3), Electoral Code of the Republic of Armenia, 2016 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Blank Source
Blank |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
The list of allowed sources of income for candidates does not include donations from trade unions. Source
Source: Article 26 (2) and (3), Electoral Code of the Republic of Armenia, 2016 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Blank Source
Article 24 (4) establish that "Donations are not allowed from anonymous persons". Also, Article 24 (7) establish that "Natural persons making a donation shall be obliged to specify their name, surname, place of residence, whereas legal persons shall be obliged to specify all the information required by the rules of non-cash settlements between legal persons." Source: Article 24 (4) and (7), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Anonymous payments to pre-election funds are to be transferred to the state budget. Source
Source: Article 26 (4), Electoral Code of the Republic of Armenia, 2016 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Art. 24 (1) - "Parties shall have the right to receive donations from individuals and legal entities including property, including cash, including loans, borrowings, and third party payments, except for the cases provided by Part 4 of this Article." Art. 24 (4) - "Donations are not allowed from: 1) charitable or religious organizations as well as organizations with their participation; 2) State and community budgets and (or) extra-budgetary means, except for financing pursuant to Article 26 of this Law; 3) state and community non-profit organizations and trade organizations with public and community participation; 4) foreign entities, foreign citizens and legal entities, as well as legal entities with foreign participation, if the stocks, shares, shares of a foreign participant are more than 30% in the charter capital of the legal entity; 5) from international organizations; 6) stateless persons; 7) anonymous persons." Source: Article 24 (1) and (4), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) Art. 26 (3) - "The campaign fund of a political party (alliance of political parties) running in the elections shall be formed from: (1) funds of that political party (member political parties of the alliance); (2) personal funds of a candidate included in the candidate list of the political party (alliance of political parties) running in the elections; (3) voluntary contributions by persons having the right to vote." Source: Article 26(3), Electoral Code of the Republic of Armenia, 2016 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Still, the Electoral Code of Armenia allows a political party that has nominated a candidate to fund his/her campaign, while the parties themselves do not have restrictions on getting donations from corporations that have government contracts. Source
Art. 26 (2) - "The campaign fund of a candidate shall be formed from: (1) his or her personal funds; (2) funds provided by the political party that has nominated him or her; (3) voluntary contributions by persons having the right to vote." Source: Articles 26 (2), Electoral Code of the Republic of Armenia, 2016 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Art. 24 (4) - "Donations shall not be allowed from: ... (3) state and community non-commercial organisations, and commercial organisations with state and community participation"; Source: Article 24 (4), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Donations from corporations to candidates are banned. Source
Art. 26 (2) - "The campaign fund of a candidate shall be formed from: (1) his or her personal funds; (2) funds provided by the political party that has nominated him or her; (3) voluntary contributions by persons having the right to vote." Source: Articles 26 (2), Electoral Code of the Republic of Armenia, 2016 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
Art. 19 (5) - "It shall be prohibited to conduct an election campaign and disseminate any type of campaign material by: (1) state and local self-government bodies, as well as state and community servants (except for the members of the National Assembly), pedagogical staff of education institutions when performing their powers; (2) judges, prosecutors, officers of the Investigative Committee, officers of the Special Investigation Service, Police, National Security Service, penitentiary institutions, officers of the Judicial Acts Compulsory Enforcement Service and military servants; (3) members of the election commissions." Art. 20 (3) - "During elections, public radio and public television shall be obliged to ensure nondiscriminatory conditions for candidates, political parties running in the elections. ..." Art. 20 (12) - "Newspapers and magazines founded by state or local self-government bodies shall be obliged to ensure non-discriminatory and impartial conditions for candidates, political parties running in the elections during the period of the election campaign." Art. 23 (1) - "Candidates who are public servants, candidates included in the candidate list of the political party running in the elections shall carry out the election campaign taking into account the following restrictions: (1) direct or indirect appeals to vote for or against a candidate, a political party running in the elections while performing official powers or any abuse of the official position to gain advantage during elections shall be prohibited; (2) use of premises, means of transport and communication, material and human resources provided for performing official responsibilities for election campaign purposes shall be prohibited, 18 except for security measures applicable in respect of high-ranking officials subject to state protection under the Law of the Republic of Armenia “On ensuring the safety of persons subject to special state protection”." Source: Articles 19 (5), 20 (3) and 20 (12), 23 (1), Electoral Code of the Republic of Armenia, 2016 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
Blank Source
Source: Article 24 (2), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
The limit is multiple of minimum salary prescribed by law (varying by type of donor)
Comment
The limits of donations for political parties are set as follows (within one year): There is also a limit on the total amount of the donation made to a political party in the course of one year - one million-fold of the minimum salary prescribed by law (including the work and services performed for a political party, expressed in monetary terms). Source
Source: Article 24 (2), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
|
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Multiple of the minimum salary.
Comment
2. The total amount of the donation made to the political party, as well as of the work and services performed for the political party (hereinafter referred to as “donation”), expressed in monetary terms, in the course of one year may not exceed one million-fold of the minimum salary prescribed by law, including: |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
Only natural persons can contribute to the campaign fund of a political party (alliance of political parties), in the amount of up to 500-fold of the minimum salary. Source
Art. 26 - "2. The campaign fund of a candidate shall be formed from: (1) his or her personal funds; (2) funds provided by the political party that has nominated him or her; (3) voluntary contributions by persons having the right to vote. 3. The campaign fund of a political party (alliance of political parties) running in the elections shall be formed from: (1) funds of that political party (member political parties of the alliance); (2) personal funds of a candidate included in the candidate list of the political party (alliance of political parties) running in the elections; (3) voluntary contributions by persons having the right to vote." Art. 92 - "3. Every natural person may make a contribution to the campaign fund of a political party (alliance of political parties) in the amount of up to 500-fold of the minimum salary." Source: Articles 26 (2), (3) and 92 (3), Electoral Code of the Republic of Armenia, 2016 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
500-fold of the minimum salary
Source
Art. 92 - "3. Every natural person may make a contribution to the campaign fund of a political party (alliance of political parties) in the amount of up to 500-fold of the minimum salary." Source: Article 92 (3), Electoral Code of the Republic of Armenia, 2016 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
There is no specific limit for contributions made by the candidates to their own electoral fund of party's fund. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
The value of the property donated by one person to a political party may not exceed two hundred thousand-fold of the minimum salary prescribed by law. Source
Source: Article 24 (3), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
22. Is there a limit on in-kind donations to candidates? |
Code
No data
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
A party shall not have the right to be a founder or a participant of a commercial legal entity, except as provided for in this Article Source
Source: Article 21 (3), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Parties have the right to receive loans, but the Law on political parties does not specify whether the loans are to be speciaifically related to election campaigns. Source
Source: Article 24 (1), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Comment
The list of allowed sources of income for candidates does not include loans. Source
Source: Article 26 (2) and (3), Electoral Code of the Republic of Armenia, 2016 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Comment
Yes, but only for the amounts exceeding one hundred-fold of the minimum salary prescribed by law. Source
Art. 24 (8) - "Allocations to political parties exceeding one hundred-fold of the minimum salary prescribed by law shall be made without cash transfer." Source: Article 24 (8), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
The state funding of political parties shall be made at the expense of the state budget of the Republic of Armenia. These costs are reflected in a separate article in the state budget. The total amount of funds provided for by the State Budget of the Republic of Armenia for funding of political parties may not be less than the product of 0,04-fold of the minimum salary prescribed by law and the total number of citizens included in the electoral lists during the latest elections to the National Assembly. Source
Source: Article 26 (1) and (2), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
The funds from the state budget shall be allocated to the party (party alliance) whose electoral list has received at least three percent of the total number of votes cast for the election lists of all parties present at the last National Assembly elections. Source
Source: Article 26 (3) and (4), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Comment
Blank Source
Blank |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
There are no provisions in the law. Source
Blank |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Only election related. Source
Blank |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
The acces to the mass media established with participation of state and local self-government bodies shall be provided in equal and non-discriminatory conditions. Source
Source: Article 25 (1), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Blank Source
"1. During elections of the National Assembly the airtime for conducting election campaign of a political party running in the elections through free and paid use of airtime on public radio and public television shall be provided as prescribed by the CEC. 2. A political party running in the elections shall have the right to use free of charge no more than 60 minutes of airtime on public television, and no more than 120 minutes of airtime on public radio." Source: Article 93 (1) and (2), Electoral Code of the Republic of Armenia, 2016 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
The state and local self-government bodies shall provide the political parties, on equal grounds and free of charge, with premises for the purpose of organising election assemblies, meetings of voters with candidates and other election related events. Source
Source: Article 26 (1), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) Source: Article 19 (2) and (3), Electoral Code of the Republic of Armenia, 2016 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
There are no provisions in the law. Source
Blank |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
Blank Source
Blank |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Blank Source
"During the election campaign, as well as on the day preceding the Election Day and on the Election Day, candidates, political parties running in the elections shall be prohibited to provide (promise) — in person or through someone else on their behalf, or in any other manner, gratuitously or on preferential conditions — money, food, securities, goods to voters or to render (promise) 14 services to them." Source: Article 19 (6), Electoral Code of the Republic of Armenia, 2016 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The limits on party expenditures are not explicitly defined, but can be deducted from the total extisting limits on donations. Source
Blank |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
The upper limit for expenditures of a political party is determined by the total amount of donations (including the work and services expressed in monetary terms) a party can receive during one-year period, and may not exceed one million-fold of the minimum wage established by law.
Comment
Blank Source
Blank |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Blank Source
Blank |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
A political party (alliance of political parties) running in the elections shall have the right to spend an amount not exceeding the 500 000-fold of the minimum salary established by law.
Source
"4. During the election campaign, for the purpose of funding the conduct of the election campaign through the mass media, renting halls, premises (except for election campaign offices) for the purpose of organising election gatherings and meetings with voters, preparing (placing), acquiring a campaign poster, printed campaign and other materials, preparing any kind of campaign materials (including printed materials) to be provided to voters, a political party (alliance of political parties) running in the elections shall have the right to spend an amount not exceeding the 500 000-fold of the minimum salary. In case of holding second round of election the political party (alliance of political parties, new alliance) shall have the right to spend the funds remaining in the campaign fund thereof (of member political parties to the new alliance), as well as attract new funds as prescribed by Article 26 of this Code. 5. In case of holding second round of election the political party (alliance of political parties, new alliance) shall have the right to spend an amount not exceeding 200 000-fold of the minimum salary for the purposes prescribed by this part." Source: Article 92 (4) and (5), Electoral Code of the Republic of Armenia, 2016 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, third parties banned from campaign spending
Comment
The law on parties does not contain provisions on third party spending, while the Electoral Code of Armenia ban charitable organisations from carrying out their activity during election campaign. Source
"Charitable organisations, the names of which may resemble (be associated with) the names of political parties running in the elections and the names of candidates, may not carry out during the election campaign charity work in the communities where elections are held in which these candidates, political parties or candidates nominated thereby are running." Source: Article 19 (6), Electoral Code of the Republic of Armenia, 2016 |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Comment
There are no monetary limits on traditional media advertising spending but the airtime a party/candidate can buy at the account of the campaign fund is limited. Source
"3. A political party running in the elections shall have the right to use for pay no more than 120 minutes of airtime on public television, and no more than 180 minutes of airtime on public radio at the account of its campaign fund. 4. In case of early elections or declaring elections of the National Assembly invalid and holding repeat voting, a political party running in the elections shall have the right to use free of charge no more than 30 minutes of airtime on public television, and no more than 60 minutes of airtime on public radio, and — at the account of the campaign fund — no more than 60 minutes of paid airtime on public television and no more than 90 minutes of paid airtime on public radio. During the second round of election of the National Assembly a political party running in the elections shall have the right to use free of charge no more than 20 minutes of airtime on public television, and no more than 40 minutes of airtime on public radio, and — at the account of the campaign fund — no more than 40 minutes of paid airtime on public television and no more than 60 minutes of paid airtime on public radio." Source: Article 93 (3) and (4), Electoral Code of the Republic of Armenia, 2016 |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
Blank Source
Blank |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
Blank Source
Blank |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Blank Source
2. Every year, no later than March 25 following the reporting year, the political party shall be obliged to publish through mass media a statement on the sources of funds and the expenditures, as well as on the property of the political party during the reporting year (hereinafter referred to as “the statement”) and, in cases provided for by law, an audit opinion thereon, as well as to post it on the official web-site of public notifications of the Republic of Armenia, as prescribed. 3. After publishing its statement through mass media and posting it on the official web-site of public notifications of the Republic of Armenia, the political party shall be obliged to submit the statement and the evidence confirming the fact of its publication to the Oversight and Audit Service of the Central Electoral Commission (hereinafter referred to as “the Oversight and Audit Service”) no later than April 1 following the reporting year. Source: Article 27 (2) and (3), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Blank Source
"Accounting of expenses made by a political party for the preparation and conduct of an election campaign shall be maintained separately." Source: Article 27 (6), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Blank Source
"1. Candidates, political parties running in the elections shall submit to the Oversight and Audit Service a declaration on the contributions made to their campaign funds and on the use thereof on 21 the 10th day following the commencement of the election campaign, also on the 20th day in case of the regular elections of the National Assembly, Councils of Elders of Yerevan, Gyumri and Vanadzor, as well as no later than 3 days before the period for summarising election results prescribed by this Code." Source: Article 28 (1), Electoral Code of the Republic of Armenia, 2016 |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Comment
The Electoral Code of Armenia ban charitable organisations from carrying out their activity during election campaign. Source
Blank |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Blank Source
"2. Every year, no later than March 25 following the reporting year, the political party shall be obliged to publish through mass media a statement on the sources of funds and the expenditures, as well as on the property of the political party during the reporting year (hereinafter referred to as “the statement”) and, in cases provided for by law, an audit opinion thereon, as well as to post it on the official web-site of public notifications of the Republic of Armenia, as prescribed." Source: Article 27 (2), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017) |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No
Comment
Blank Source
Blank |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
Comment
According to the Electoral Code, the declarations made by the candidates/parties have to indicate only the imeline and the amount of contributions. Source
Art. 28 - "3. The following shall be specified in the declaration: (1) the timeline of all contributions made to the campaign fund and the amount of contributions; (2) the expenses made for the acquisition of every service, property, good prescribed by part 1 of Article 27 of this Code, the deadline for making such expenses, the details of documents certifying such expenses; (3) the amount remaining in the campaign fund." Source: Article 28 (3), Electoral Code of the Republic of Armenia, 2016 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
Art. 28 - "3. The following shall be specified in the declaration: (1) the timeline of all contributions made to the campaign fund and the amount of contributions; (2) the expenses made for the acquisition of every service, property, good prescribed by part 1 of Article 27 of this Code, the deadline for making such expenses, the details of documents certifying such expenses; (3) the amount remaining in the campaign fund." Source: Article 28 (3), Electoral Code of the Republic of Armenia, 2016 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
The Oversight and Audit Service, established by the Central Electoral Commission, receives the financial reports both from political parties and candidates. Source
"1. The Audit and Oversight Service shall exercise supervision over financial activities of political parties." Source: Article 30 (1), The Law of the Republic of Armenia on Parties, 2016 (in force since April 1,2017)
"1. The Audit and Oversight Service shall carry out oversight of the contributions made to campaign funds, expenditures and their calculation, as well as of the daily financial activities of political parties. The Audit and Oversight Service shall act independently from election commissions and shall not be accountable to them. 2. The position of the Head of the Oversight and Audit Service shall be a civil position, the other 2 employees of the Service shall be civil servants. The Head of the Oversight and Audit Service shall be appointed by the decision of the CEC for a term of 7 years. The official pay rates for the Head of the Oversight and Audit Service shall be prescribed by the Law of the Republic of Armenia “On remuneration for persons holding state positions”. The Head of the Service may not be a member of any political party." Source: Article 28 (1) and (2), Electoral Code of the Republic of Armenia, 2016 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Blank
Source
"5. The Oversight and Audit Service shall — within 7 days after receiving the declarations on the use of means available in campaign funds of candidates, political parties running in the elections, but no later than 1 day before the deadline prescribed for summarisation of election results — carry out inspection, draw up a conclusion on inspection results and submit it to the CEC. The CEC shall be obliged to immediately publish it on the website of the CEC. In case violations are recorded in the conclusion, the CEC shall be obliged to examine them." Source: Article 29 (5), Electoral Code of the Republic of Armenia, 2016
"The Central Electoral Commission of the Republic of Armenia shall examine the cases on administrative offenses set forth in Articles 189.13, 189.14 and 189.15 of this Code." Source: Article 223.2, Code on Administrative Crimes, 1985 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Comment
Blank Source
Blank |
58. What sanctions are provided for political finance infractions? |
Code
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). 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 |