Lithuania
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Sources of funding of a political party are limited to: Source
Article 19, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Only the following persons have the right to make donations to political campaign participants: 1) citizens of the Republic of Lithuania – to independent political campaign participants of all political campaigns; 2) permanent residents of the Republic of Lithuania holding the citizenship of any other EU Member State – to independent political campaign participants of political campaigns of elections to the European Parliament and municipal councils; 3) permanent residents of the Republic of Lithuania who do not hold the citizenship of any other EU Member State or stateless persons – to independent political campaign participants of political campaigns of elections to municipal councils. Persons who are not eligible under the law to fund political campaign participants are prohibited from supporting them in any form. It is prohibited to fund participants of political campaigns through third parties. Source
Articles 12 and 13, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 19, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons have the right to donate during electoral campaign. Source
Articles 8, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 19, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 8, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Controlling authorities of financing of political campaigns must be able to identify the donor. Source
Article 11, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Controlling authorities of financing of political campaigns must be able to identify the donor. Source
Article 11, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 19, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 8, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 19, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
All donations from legal persons are banned. Only natural persons are allowed to donate during electoral campaign. Source
Article 8, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
It is prohibited to finance political parties, candidates or campaigns of political parties or candidates with the funds which are not specified in the law. Source
Articles 7.3 and 8.3, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
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
Legal persons are not allowed to fund political parties. Annually: Natural persons can contribute to political party 1% of the annual income tax paid by a Lithuanian resident who voluntarily allocates the said amount for the political party. During the political campaign: One natural person during a political campaign can donate for each independent political campaign participant (party or candidate) a donation which does not exceed the amount of 10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the last calendar year. Source
Article 19.6, Law on political parties, as last amended on 28 November 2019, No XIII-2565. Article 10.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
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
1% of the annual income tax paid by a Lithuanian resident who voluntarily allocates the said amount for the political party.
Comment
Legal persons are not allowed to fund political parties. Annually: Natural persons can contribute to political party 1% of the annual income tax paid by a Lithuanian resident who voluntarily allocates the said amount for the political party.
Source
Article 19.6, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for natural persons
Comment
Legal persons are not allowed to fund political parties. During the political campaign: One natural person during a political campaign can donate for each independent political campaign participant (party or candidate) a donation which does not exceed the amount of 10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the last calendar year. Source
Article 10.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
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
10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the last calendar year.
Source
Article 10.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
Legal persons are not allowed to fund political parties. One natural person during a political campaign can donate for each independent political campaign participant (party or candidate) a donation which does not exceed the amount of 10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the last calendar year. Source
Article 10.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). | During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the last calendar year.
Source
Article 10.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
A candidate in the single-member constituency and the referendum initiators may donate up to 20 AMEs (AMEs - average monthly earnings valid in the fourth quarter of the previous calendar year). The total donation by a candidate in a single-member constituency and referendum initiators to fund their political campaign in a calendar year may not exceed 20 per cent of such persons' declared annual income for the last previous calendar year and declared available funds. Source
Article 10.3, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
The total amount of non-cash donation can not exceed 10 AMEs (average monthly earnings valid in the fourth quarter of the previous calendar year) and can be donated only by natural persons. The procedure for appraising non-cash donations and estimating their fair value is laid down by the Government or an institution authorised by it. Source
Article 10.9, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
The total amount of non-cash donation can not exceed 10 AMEs (average monthly earnings valid in the fourth quarter of the previous calendar year) and can be donated only by natural persons. The procedure for appraising non-cash donations and estimating their fair value is laid down by the Government or an institution authorised by it. Source
Article 10.9, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
Political parties shall enjoy the right to engage in publishing, distribution of printed matter and party symbols, management, use and disposal of the property belonging by the right of ownership, organisation of political and cultural events (lectures, exhibitions, etc.) and other activities; money received from such activities may be used only to pursue the purposes of the political party as specified in the statute of the political party. Any other engagement in commercial enterprises is prohibited. Source
Article 17, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Political campaigns of political parties can be financed by loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania. Source
Article 7.1(3), Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Comment
Political campaigns of other independent political campaign participants (other than political parties) shall be financed from: 1) donations of natural persons who under the law have the right to donate and donations of political parties to candidates, lists of candidates or referendum initiators, or referendum opponents; 2) own (personal) funds; 3) interest on the funds kept in the political campaign account. It is prohibited to finance political campaigns of other independent political campaign participants with other funds which are not specified in the law. Source
Article 8, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
Legal persons are not allowed to donate to political parties/candidates. Source
Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Cash donations of natural persons that exceed EUR 290 must be donated only by bank transfer. Cash donations of natural persons for the political campaign received not by bank transfer shall be transferred by the political campaign treasurer to the political campaign account not later than the next day after receipt of the donation. Small donations (not exceeding 12 EUR) to independent political campaign participants may be donated by phone, internet, bank transfer or other means, allowing the controlling authorities of financing of political campaigns to identify the donor. Source
10.5 &11.2 Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
State budget appropriations for political parties shall be provided for in the Law of the Republic of Lithuania on the approval of financial indicators of the state budget and municipal budgets for each year and shall be allocated through a separate budget programme implemented by the Central Electoral Commission. Source
Article 20.1, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Article 21.1: Political parties, which are registered in the Register of Legal Entities in accordance with the procedure laid down by the law and which satisfy statutory requirements regarding the number of political party members and the reform or liquidation procedure has not been initiated in respect of them, shall be entitled to state budget appropriations to fund activities of the political party. Article 21.2: State budget appropriations designated for funding activities of the political party shall be allocated to those political parties satisfying the criteria set out in the Article 21.1 which received not less than 2 per cent of all the votes cast by the voters for the candidates of the political parties in those elections to the Seimas, municipal councils, the European Parliament according to the results of which these state budget appropriations are allocated. Article 21.6: If, after elections to the parliament, a new political party is registered which satisfies the criteria set out in the Article 21.1 is a parliamentary party, its activities shall be financed from the state budget appropriations equal to the lowest state budget appropriations designated to parliamentary party in the previous calendar year multiplied by the ratio of the number of members of the parliamentary group of new parliamentary party and of the the number of members of parliamentary group of the least-funded parliamentary party. Source
Article 21, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Other
Comment
Article 21.4: 1) by summing up only the votes of voters cast for the candidates of those political parties which received not less that 2 % of all votes, the number of all votes is determined; 2) a six-month financial coefficient of one voter’s vote is established by dividing the half of the state budget appropriations designated for funding activities of the political party by the number of votes of all the voters; 3) the six-month state budget appropriations allocated for the political party to fund activities of the political party is determined by multiplying a six-month financial coefficient of one voter’s vote by the number of votes of the voters who cast their votes for the candidates of this political party. Article 21.6: If, after elections to the parliament, a new political party is registered in the Register of Legal Entities is a parliamentary party, its activities shall be financed from the state budget appropriations equal to the lowest state budget appropriations designated to parliamentary party in the previous calendar year multiplied by the ratio of the number of members of the parliamentary group of new parliamentary party and of the the number of members of parliamentary group of the least-funded parliamentary party. Source
Articles 21.4&21.6, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
Article 20.5: State budget appropriations for political parties may be used only for the following: 1) to fund a political campaign; 2) to pay an election deposit; 3) to purchase current and fixed assets; 4) to settle with employees; 5) taxes and other contributions to the state budget, compulsory state social insurance contributions and compulsory health insurance contributions; 6) to cover expenses related to the provision of services; 7) to cover arrears of the political party’s political campaign; 8) to repay loans taken by the political party and intended for the expenses referred to in Points 3, 4, 5 and 6 of this paragraph. Source
Article 21.5, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Article 16.9: After the Central Electoral Commission announces candidates (lists of candidates), the following shall be financed with state budget funds from the appropriations allocated to the Central Electoral Commission: 1) discussions of candidates over the radio and on television with the aim of presenting election programmes in compliance with the principle of equality and according to the procedure laid down by the Central Electoral Commission. Source
Article 16.9, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
Article 16.9: After the Central Electoral Commission announces candidates (lists of candidates), the following shall be financed with state budget funds from the appropriations allocated to the Central Electoral Commission: 1) discussions of candidates over the radio and on television with the aim of presenting election programmes in compliance with the principle of equality and according to the procedure laid down by the Central Electoral Commission. Source
Article 16.9, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Article 16.9: After the Central Electoral Commission announces candidates (lists of candidates), the following shall be financed with state budget funds from the appropriations allocated to the Central Electoral Commission: 1) discussions of candidates over the radio and on television with the aim of presenting election programmes in compliance with the principle of equality and according to the procedure laid down by the Central Electoral Commission. Source
Article 16.9, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
State and municipal property may be provided to candidates for campaign meetings. Article 44.2: Heads of state, municipal institutions and agencies must help candidates to organise meetings with voters and to receive necessary information. Source
Article 44.2, Law on elections to municipal councils, last amended on 14 January 2020 No XIII-2786. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Article 172.1: A person who has used mental coercion, deception or bribery against a person entitled to vote or to take part in a referendum in order to influence his or her will in exercising his or her right to vote or to abstain or to take part in a referendum, or has taken such action against a person eligible to be elected, shall be punished by community service or by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to four years. Source
Article 172, Criminal Code of the Republic of Lithuania, as amended on 30 June 2018 – No XIII-1462. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
Article 14: 'Political campaign expenditure and spending limits' Source
Article 14, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
In case the constituency covers the entire territory of the country: all voters on electoral roll of the country multiplied by 0,0005 AMEs (AMEs - average monthly earnings valid in the fourth quarter of the previous calendar year). In case the constituency covers only part of the country: voters on the electoral roll of that constituency multiplied by 0,001 AMEs, but not less that 10 AMEs.
Comment
Article 14.2: In those cases where the constituency covers the entire territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters entered on the electoral roll of the Republic of Lithuania shall be multiplied by 0,0005 AMEs and the received product shall be rounded up within the accuracy of the first two significant digits. Article 14.3: In those cases where the constituency covers a part of the territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters of one constituency shall be multiplied by 0,001 AMEs and the received product shall be rounded up within the accuracy of the first two significant digits. If the received product is less than 10 AMEs, the fixed maximum amount of political campaign expenditure shall be 10 AMEs. In elections to municipal councils a political party, which has nominated a list (lists) of candidates, may additionally spend for this political campaign not more than 10 per cent of the maximum amount of political campaign expenditure of the list (lists) of candidates nominated by this party. Source
Articles 14.2&14.3, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Article 14: 'Political campaign expenditure and spending limits' Source
Article 14, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
In case the constituency covers the entire territory of the country: all voters on electoral roll of the country multiplied by 0,0005 AMEs (AMEs - average monthly earnings valid in the fourth quarter of the previous calendar year). | In case the constituency covers only part of the country: voters on the electoral roll of that constituency multiplied by 0,001 AMEs, but not less that 10 AMEs.
Comment
Article 14.2: In those cases where the constituency covers the entire territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters entered on the electoral roll of the Republic of Lithuania shall be multiplied by 0,0005 AMEs and the received product shall be rounded up within the accuracy of the first two significant digits. Article 14.3: In those cases where the constituency covers a part of the territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters of one constituency shall be multiplied by 0,001 AMEs and the received product shall be rounded up within the accuracy of the first two significant digits. If the received product is less than 10 AMEs, the fixed maximum amount of political campaign expenditure shall be 10 AMEs. In elections to municipal councils a political party, which has nominated a list (lists) of candidates, may additionally spend for this political campaign not more than 10 per cent of the maximum amount of political campaign expenditure of the list (lists) of candidates nominated by this party. Source
Articles 14.2&14.3, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
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
Third parties banned from campaign spending and it is prohibited to fund participants of political campaigns through third parties. Source
Articles 12.3, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Comment
16.2: During an election (referendum) campaign it shall be prohibited to disseminate political advertising: 1) for free, except discussion programmes; 2) on television, except discussion programmes and campaigning-related videos of not less than 30 seconds duration in which a political campaign participant informs about his political programme or speaks on issues topical to the public. 16.3: Expenditure of a political campaign participant for the campaigning videos referred to in the Article 16.2(2) may not exceed 50 per cent of the allowed maximum amount of political campaign expenditure set for the political campaign participant. 16.4: During a political campaign, public information producers or disseminators may disseminate political advertising only at the rates and under the conditions which are equal to all political campaign participants and which are submitted to the Central Electoral Commission not later than 30 days before the day of the election or referendum. Source
Articles 16, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
The same regulation applies to all media. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Article 23.5: Each year but not later than by 15 March, political parties shall submit to the Central Electoral Commission an approved set of financial statements of the political party for the previous calendar year and the annexes thereto (a report on the use of state budget appropriations, a report on the financing of the activities of a political party, indicating the sources of financing the activities of the political party and expenditures, as well as information on the political advertising disseminated and its sources of financing) as well as the auditor’s report on findings, if such a report is mandatory, and the record journal of the political party membership fee. Article 25.3: A set of financial statements of the political party shall consist of the following financial statements: 1) balance sheet; 2) performance report; 3) explanatory note of the financial statements. Source
Articles 23.2&23.3&23.5, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
17.4(3): The political campaign treasurer shall within 10 working days announce on the website of the Central Electoral Commission the data on donations received, political campaign expenditures, financial commitments and political campaign funding agreements concluded during the political campaign; 17.4(4): The political campaign treasurer shall control political campaign expenditure and supervise that the said expenditure would not exceed the expenditure amounts fixed in the law; 17.4(5)&(6): The political campaign treasurer shall submit a political campaign funding report to the Central Electoral Commission not later than within 25 or 85 calendar days from the proclamation of the final results of the election (rerun election) or referendum. Source
Articles 17.4(3),(4),(5),(6), Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
17.4(3): The political campaign treasurer shall within 10 working days announce on the website of the Central Electoral Commission the data on donations received, political campaign expenditures, financial commitments and political campaign funding agreements concluded during the political campaign; 17.4(4): The political campaign treasurer shall control political campaign expenditure and supervise that the said expenditure would not exceed the expenditure amounts fixed in the law; 17.4(5)&(6): The political campaign treasurer shall submit a political campaign funding report to the Central Electoral Commission not later than within 25 or 85 calendar days from the proclamation of the final results of the election (rerun election) or referendum. Source
Articles 17.4(3),(4),(5),(6), Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Article 21.1: The Central Electoral Commission shall announce the accounting records of political campaign funding, political campaign funding agreements, political campaign funding reports together with the auditor’s report of factual findings, if such report is mandatory, on its website not later than within 10 working days after their receipt (Law on funding of, and control over funding of, political campaigns). Article 26.1: A set of financial statements of the political party and the annex thereto, the auditor's report of factual findings,the lists of members of a political party who have paid a membership fee of more than € 360 per calendar year shall be public and published for 10 years (Law on political parties).
Source
Articles 21.1, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. Articles 26.1, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
The identity of donor is publicly revealed (when donation is over 12 EUR). 10.6: Not later than within 10 days from the day of receipt of a donation the political campaign treasurer shall announce the name, surname of a donor-natural person on the public list of donors placed on the website of the Central Electoral Commission. The identity of donor is not publicly revealed in case of small donation (not more that 12 EUR), but donor must be identified. 11.2: Small donations to independent political campaign participants may be donated by phone, internet, bank transfer or other means, allowing the controlling authorities of financing of political campaigns to identify the donor. 11.11: The total amount of small donations received by an independent political campaign participant without specifying the donors shall be indicated in the accounting records of political campaign funding and published on the Central Electoral Commission's website.
Source
Articles 10.6, 11.2, 11.11, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
The Central Electoral Commission approves model forms of the accounting record of political campaign funding, including itemized registry of incomes. 17.6: All political campaign proceeds received by a political party from the sources specified in the law and all political campaign proceeds received by other independent political campaign participants from the sources specified in the law as well as political campaign expenditure or assumed financial liabilities shall be entered in the accounting records of political campaign funding. 17.7: All political campaign proceeds and expenditure as well as assumed liabilities (according to the expenditure groups) shall be specified in a political campaign funding report in compliance with the description of the procedure for filling in and submitting a political campaign funding report approved by the Central Electoral Commission. The list of donations and donors or sums of donations according to the groups of donors shall be submitted separately. Source
Articles 17.6&17.7, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-2566. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
The Central Electoral Commission approves model forms of the accounting record of political campaign funding, including itemized registry of spending. 17.6: All political campaign proceeds received by a political party from the sources specified in the law and all political campaign proceeds received by other independent political campaign participants from the sources specified in the law as well as political campaign expenditure or assumed financial liabilities shall be entered in the accounting records of political campaign funding. 17.7: All political campaign proceeds and expenditure as well as assumed liabilities (according to the expenditure groups) shall be specified in a political campaign funding report in compliance with the description of the procedure for filling in and submitting a political campaign funding report approved by the Central Electoral Commission. The list of donations and donors or sums of donations according to the groups of donors shall be submitted separately. Source
Articles 17.6&17.7, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
The EMB receives financial reports. Article 19.1: Funding of political campaigns shall be controlled by the Central Electoral Commission and other institutions within their remit in accordance with the procedure laid down by the law. Article 19.5: The State Tax Inspectorate shall inspect whether or not donors possessed enough income to make donations and whether or not the income has been taxed in accordance with the procedure laid down by the law. The State Tax Inspectorate shall inform the Central Electoral Commission about the performed inspection and the violations of legal acts established during it. Article 20.3(1): the auditor must carry out independent inspection of an independent political campaign participant in compliance with legal acts of the Republic of Lithuania and according to the terms of reference approved by the Central Electoral Commission defining the scope of work assigned to the auditor; Source
Articles 19.1, 19.5, 20.3(1), Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
19.2(7): The Central Electoral Commission shall control the compliance by political campaign participants with the requirements of the law and propose to hold liable for violations of this Law or to appeal to other institutions whose competence granted by the law allow to inspect the compliance with the requirements laid down by the law. Article 19.4: The Central Electoral Commission shall be responsible for continuous timely provision of information about violations of funding of political campaigns to the Special Investigation Service of the Republic of Lithuania and to the Prosecutor General’s Office of the Republic of Lithuania. Article 19.5: The State Tax Inspectorate shall inspect whether or not donors possessed enough income to make donations and whether or not the income has been taxed in accordance with the procedure laid down by the law. The State Tax Inspectorate shall inform the Central Electoral Commission about the performed inspection and the violations of legal acts established during it. Article 20.3(1): the auditor must carry out independent inspection of an independent political campaign participant in compliance with legal acts of the Republic of Lithuania and according to the terms of reference approved by the Central Electoral Commission defining the scope of work assigned to the auditor. Source
Articles 19.2(7), 19.4,19.5, 20.3(1), Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Comment
19.2(7): The Central Electoral Commission shall control the compliance by political campaign participants with the requirements of the law and propose to hold liable for violations of this Law or to appeal to other institutions whose competence granted by the law allow to inspect the compliance with the requirements laid down by the law. Article 19.3: The Central Electoral Commission shall control the use of funds designated for a political campaign. Article 19.4: The Central Electoral Commission shall be responsible for continuous timely provision of information about violations of funding of political campaigns to the Special Investigation Service of the Republic of Lithuania and to the Prosecutor General’s Office of the Republic of Lithuania. Article 23.2: The Central Electoral Commission shall take a decision whether a political campaign participant has grossly violated this Law. Article 20.4 of the Law on political parties: Where the Central Electoral Commission recognizes that a political party has grossly violated this Law, or has made a gross violation of the funding of a political campaign, such political party shall not be allocated state budget appropriations for a period of up to two years counting from the date of entry into force of the decision. The state budget appropriations which are not allocated due to the said reason shall be returned to the state budget. Article 23.5 of the Law on political parties: When necessary the Central Electoral Commission shall have the right to get access in accordance with the procedure laid down by legal acts to the documents substantiating the data provided in a set of financial statements of the political party. Article 27.6 of the Law on political parties: When monitoring the funding of political parties, the Central Electoral Commission has the right to request the information from a political party and receive information from it. A political party must submit the available information and documents required for the performance of the functions of the Central Electoral Commission no later than by the end of the term specified in the letter of the Central Electoral Commission. In case of failure to provide the information or documents necessary to decide whether a political party has committed a gross violation of the law, the Central Electoral Commission has the right to suspend the allocation of state budget appropriations until the information and documents referred to in this paragraph are submitted. Source
Articles 19.2(7), 19.3, 19.4, 23.2, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25. Articles 20.4, 23.5, 27.6, Law on political parties, as last amended on 28 November 2019, No XIII-2565. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
Article19.12 of the Law on political parties: If a political party accepts and uses funds from unauthorized sources of political party funding, the Central Electoral Commission shall adopt a decision ordering the political party to transfer to the state budget the same amount that the political party has accepted or used from unauthorized sources of political party funding, except in cases where, due to a serious violation of the law, the political party has not been allocated state budget appropriations (forfeiture). Article 20.4 of the Law on political parties: Where the Central Electoral Commission recognizes that a political party has grossly violated this Law, or has made a gross violation of the funding of a political campaign, such political party shall not be allocated state budget appropriations for a period of up to two years counting from the date of entry into force of the decision. If it is established that a political party has violated the requirements established in Article 26(3) of this law, upon the decision of the Central Electoral Commission the amount of the state budget appopriations corresponding to the value of unpublished contracts concluded in accordance with the Law on public procurement, shall not be allocated to the political party.The state budget appropriations which are not allocated due to the said reasons shall be returned to the state budget (loss of public funding). Article 27.6 of the Law on political parties: When monitoring the funding of political parties, the Central Electoral Commission has the right to address a political party in writing and receive information from it. A political party must submit the available information and documents required for the performance of the functions of the Central Electoral Commission no later than by the end of the term specified in the letter of the Central Electoral Commission. In case of failure to provide the information or documents necessary to decide whether a political party has committed a gross violation of this law, the Central Electoral Commission has the right to suspend the allocation of state budget appropriations until the information and documents referred to in this paragraph are submitted (suspension of public funding). Article 29.4 of the Law on political party: If it is established that activities of a political party is inappropriate, the court may apply one of the following measures: 1) to temporarily terminate the powers of members of the governing bodies of the political party; 2) to obligate the political party, its governing bodies or their members to carry out specific actions or not to carry out them; 3) to liquidate the political party (deregistration of party). Article 6 of the Law on funding of, and control over funding of, political campaigns: A political party or any other independent political campaign participant shall forfeit the status of an independent political campaign participant when the Central Electoral Commission revokes not later than nine days before the election or referendum date the registration of a political party as an independent political campaign participant because of gross violations of this Law (loss of nomination of candidate). Article 39.5(1),(2) of the Law on elections to municpal councils: Upon the expiration of the period of political campaign, the Central Electoral Commission shall refund the electoral deposit to the parties, election committees or persons who were declared by themselves to be candidates for municipal councillor - mayor, provided that: 1) a partcipant of a political campaign in accordance with the terms provided for in the Law on Funding of, and Control Over Funding of, Political Campaigns together with a political campaign funding statement, submits its annexes and the documents substantiating political campaign proceeds and expenditure; 2) candidates did not violate Article 6 of this law, or did not grossly violate the Law on Funding of, and Control Over Funding of, Political Campaigns (loss of election deposit). Article 93 of the Code of Administrative Offences determines fines for the various violations of the Law on Funding of, and Control Over Funding of, Political Campaigns in relation to donations, funding of political campaign participants, accounting procedure for political campaign expenditure from 30 to 5800 EUR (fines). Article 1751 'Illegal funding of political parties and political campaigns' of the Criminal Code:
Source
Articles 19.12, 20.4, 27.6, 29.4, Law on political parties, as last amended on 28 November 2019, No XIII-2565. Article 6, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25. Article 39.5(1),(2), Law on elections to municipal councils, as last amended on 14 January 2020 No XIII-2786. Article 93, Code of Administrative Offences of the Republic of Lithuania, as last amended on 25 June 2015 No XII-1869. Article 1751, Criminal Code of the Republic of Lithuania, as last amended on 28 November 2019 No XII-2558. |