Latvia
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Persons with right to receive an alien passport are excepted from ban. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
All financial activities by a candidate are considered as financial activities of his/her respective nominating political party.
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3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
No bans on corporate donations to political parties in law. |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
All financial activities by a candidate are considered as financial activities of his/her respective nominating political party.
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5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
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6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
All financial activities by a candidate are considered as financial activities of his/her respective nominating political party.
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7. Is there a ban on anonymous donations to political parties? |
Code
Yes
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8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
According to the law, all financial activities in relation to elections of a candidate will be considered as financial activities of a respective political party's from which list he/she participates.
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
All donations from corporations are banned. However state owned companies shall provide free or?subsidized?access to their premises for campaigning. Source
Section 19:'Local governments, State and local government institutions, capital companies in which more than 50 per cent of capital shares (stocks) belong to the State or a local government, shall assign premises to political organisations, associations of political organisations or individual deputy candidates for organisation of meetings with voters free of charge or for a fee not exceeding actual expenditure for the maintenance of these premises.' (Source: Law on Pre-election Campaign Before the Saeima Elections and Elections to the European Parliament, 2004) Section 2:'(1) Political organisations (parties) may be financed by:1) membership fees and joining fees;2) gifts (donations) from natural persons;3) the income earned by economic activities of the relevant political organisation(party); and/or4) other sources of financing, except by those prohibited to finance politicalorganisations (parties) by law' (Source: Law on Financing of Political Organisations (Parties)) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
All financial activities by a candidate are considered as financial activities of his/her respective nominating political party. Source
Section 8.4. Restrictions on Pre-election expenses stipulate: (4.1) In case if a candidate performs an individual pre-election campaign, all expenditures of this campaign are considered as expenditures of a respective political party's pre-election expenditures from which list he/she participates in an elections. (Source: Law on Financing of Political Organisations (Parties)) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
All donations from corporations are banned. However state owned companies shall provide free or?subsidized?access to their premises for campaigning. Source
Section 19:'Local governments, State and local government institutions, capital companies in which more than 50 per cent of capital shares (stocks) belong to the State or a local government, shall assign premises to political organisations, associations of political organisations or individual deputy candidates for organisation of meetings with voters free of charge or for a fee not exceeding actual expenditure for the maintenance of these premises.' (Source: Law on Pre-election Campaign Before the Saeima Elections and Elections to the European Parliament, 2004) Section 2:'(1) Political organisations (parties) may be financed by:1) membership fees and joining fees;2) gifts (donations) from natural persons;3) the income earned by economic activities of the relevant political organisation(party); and/or4) other sources of financing, except by those prohibited to finance politicalorganisations (parties) by law' (Source: Law on Financing of Political Organisations (Parties)) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
All financial activities by a candidate are considered as financial activities of his/her respective nominating political party. Source
Section 8.4. Restrictions on Pre-election expenses stipulate: (4.1) In case if a candidate performs an individual pre-election campaign, all expenditures of this campaign are considered as expenditures of a respective political party's pre-election expenditures from which list he/she participates in an elections. (Source: Law on Financing of Political Organisations (Parties)) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
There are several provision in different legal acts stating that the state resources are not allowed to be used for other purposes than the public interest and therefore it excludes state resources of being used in favour or against a political party or a candidate.
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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 natural persons
Comment
For the members of the political organisations there is a special provision. Source
Section 3:'(1) The amount of membership fees and the entrance fee and the procedure of theirpayment shall be regulated by the statutes of the respective political organisation (party).A political organisation (party) member?s total contributions in the form of entrance fee,membership fees and gifts (donations) to one political organisation (party) must notexceed 100 minimum monthly salaries over a calendar year.'Section 4:'(2) To one political organisation (a party) a natural person is allowed to make a gift (a donation) not exceeding 100 minimum monthly salaries over a period of one calendaryear.' (Source: Law on Financing of Political Organisations (Parties)) |
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
Annual limit is 50 minimum monthly salaries.
Comment
Limit is 50 minimum monthly salaries over a calendar year.
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16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Comment
Regular limit applies. According to the law to one political party a natural person is allowed to make a gift (a donation) not exceeding 100 minimum monthly salaries over a period of one calendar year. The law does not specify that a donations must be made in relations to an election. Source
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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
Not applicable
Comment
NA
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
The law permits donations only to political parties and not to candidates. Source
Section 8.4. Restrictions on Pre-election expenses stipulate: (4.1) In case if a candidate performs an individual pre-election campaign, all expenditures of this campaign are considered as expenditures of a respective political party's pre-election expenditures from which list he/she participates in an elections. (Source: Law on Financing of Political Organisations (Parties)) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
Comment
NA
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
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24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
The law on Financing of Political Organisations (Parties) was amended by foreseeing the provisions for direct public funding in July 2011. It also stipulates that the direct public funding will be available starting from January 2012.
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29. What are the eligibility criteria for political parties to receive public funding? |
Code
Share of votes in previous election
Comment
Funding is only available to political parties that received 2% of vote in the previous elections.
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30. What is the allocation calculation for political parties to receive public funding? |
Code
Flat rate by votes received
Comment
Parties receive flat rate of 0.50 santims [I$ 1,2] for each vote received.
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
BLANK
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
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33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
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34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
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35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
The donors can get tax benefits.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
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37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
There is no provision regarding this topic.?
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| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
|
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
There are different limits for Parliamentary, Local Government and European Parliament election expenses.
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40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Multiple of average gross salary and number of voters in the previous election.
Comment
In the law on financing of political organisations there are well-described provisions for the limits for spending in the pre-election campaigns.
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41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Any financial activity of a candidate will be considered as financial activities of a respective political party. Therefore all the expenditures will be regarded as expenditures of a political party's and the threshold will be applied.
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Any financial activity of a candidate will be considered as financial activities of a respective political party. Therefore all the expenditures will be regarded as expenditures of a political party's and the threshold will be applied.
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43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
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46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually
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48. Do political parties have to report on their election campaign finances? |
Code
Yes
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Reports must be submitted 30 days after elections.
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50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The audit of the reports on the pre-election campaign are published. The annual report of the parties is also published. All reports are published online.
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52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
15 days after receipt, parties must publish information about donations incl. the donor, on the internet.
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53. Must reports from political parties and/or candidates include information on itemized income? |
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54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
Two institutions receives the annual report of the political organisations: the Corruption Prevention and Combating Bureau and State Revenue Service.
The Corruption Prevention and Combating Bureau is a specialised anti-corruption authority of Latvia. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Other
Comment
The Corruption Prevention and Combating Bureau.
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
Comment
In 2011 the Criminal Law was amended and the necessary provisions for foreseeing the criminal liability for political finance infractions were included. Therefore, now, for?illegal financing of a political party, intermediation in illegal financing of a party, acceptance of illegal financing, or extortion, an?imprisonment, arrest, forceful labor, or a fine are foreseen.?There are two kinds of forfeiture: Repayment of the illegally acquired financial assets to the payer, or diversion of the funds into the state budget. In some cases the Corruption Prevention and Combating Bureau is obliged to suspend the activities of the concerned political organisation (party) through court, and in some cases the Corruption Prevention and Combating Bureau has a duty to initiate termination of the relevant party through court.
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