Mongolia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
18.7.4 international organization, foreign citizens, legal entity and people with no citizenship Source
Article 18, Law on Political Parties, 2005 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
56.1.1, 5.1.2 foreign country, foreign organizations, international organizations, organizations with foreign investment, foreign citizens and people with no citizenship Source
Article 56, Law on Parliamentarian Elections, 2019 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
However, the following companies are not allowed 18.7.2 state-owned companies; 18.7.5 companies that are less than one year old; 18.7.5 bankrupted companies Source
Article 18, Law on Political Parties, 2005 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
However, the following companies are not allowed 56.1.4 state-owned companies; 56.1.7 companies that are less than one year old; 56.1.5 bankrupted companies Source
Article 56, Law on Parliamentarian Elections, 2019 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
56.1.6 is related with bans from trade unions and religious organizations. Source
Article 56, Law on Parliamentarian Elections, 2019 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
Article 56, Law on Parliamentarian Elections, 2019 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
18.7.6 Anonymous donations Source
Article 18, Law on Political Parties, 2005 |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
Article 54, Law on Parliamentarian Elections, 2019 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Page 17, Uribe Burcher and Casal Bertoa (2018), Political Finance in Mongolia, International IDEA and Open Society Forum |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
Page 17, Uribe Burcher and Casal Bertoa (2018), Political Finance in Mongolia, International IDEA and Open Society Forum |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
18.7.2 State owned and partially state owned companies Source
Article 18, Law on Political Parties, 2005 |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
56.1.4 State owned and partially state owned companies Source
Article 56, Law on Parliamentarian Elections, 2019 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
48.5.4 Any resources of government organizations and state owned companies Source
Article 48, Law on Parliamentarian Elections, 2019 |
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
Source
Article 18, Law on Political Parties, 2005 |
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
18.3 For legal entities, limit is 10 million tugrik, for legal persons, limit is 1 million tugrik
Source
Article 18, Law on Political Parties, 2005 |
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
Source
Article 54, Law on Parliamentarian Elections, 2019 |
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
54.1 For legal entities, limit is 20 million tugrik; for legal persons, limit is 5 million tugrik
Source
Article 54, Law on Parliamentarian Elections, 2019 |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Article 54, Law on Parliamentarian Elections, 2019 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
54.1, 54.2 Legal entities - 20 million tugrik; Legal persons- 5 million tugrik
Source
Article 54, Law on Parliamentarian Elections, 2019 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
50.1 State Audit Agency will determine the limit. They will determine based on the size of each constituency, location, number of households and voters. In order to determine, they required to discuss with the Generel Elections Commission. It is changing each election. Source
Article 50, Law on Parliamentarian Elections, 2019 |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Source
Article 55, Law on Parliamentarian Elections, 2019 |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
55.4 The market value should not exceed the following. Legal entities 20 million and legal person - 5 million tugrik Source
Article 55, Law on Parliamentarian Elections, 2019 |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Sometimes
Comment
16.2.4. souvenirs depicting the symbol of the party, things belong to the party; Source
Article 16, Law on Political Parties, 2005 |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Article 49, Law on Parliamentarian Elections, 2019 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Article 49, Law on Parliamentarian Elections, 2019 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
No references to such bans were found. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
'51.1. Each party, coalition and candidate participating in the election shall have one account of election expenses in togrogs nationwide.' Source
Article 51, Law on Parliamentarian Elections, 2019 |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
Article 19, Law on Political Parties, 2005 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Representation in elected body
Source
Article 19, Law on Political Parties, 2005 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
19.1. Government shall subsidize the party who has seats in the parliament for one time within three months after the election result is announced. Each vote shall be valued as one thousand tugrug and votes of the party in parliamentary election shall be compared to the total number of votes.
Source
Article 19, Law on Political Parties, 2005 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Campaign spending
Comment
19.2 50 percent of this subsidization shall be spent for the parliamentary election unit areas. Source
Article 19, Law on Political Parties, 2005 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
46.2 Mongolian National Public Radio and Television should provide the same amount of time for parties and candidates Source
Article 46, Law on Parliamentarian Elections, 2019 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
46.2 Communications Regulatory Commission of Mongolia will determine the allocated time. It changes each election. Mongolian National Public Radio and Television propose a plan on their time allocation and the Communications Regulatory Commission will make the decisions. However, there is no detail regulation on this issue. Only requirement is to be equal to candidates. Source
Article 46, Law on Parliamentarian Elections, 2019 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
46.2 Communications Regulatory Commission of Mongolia will determine the allocated time. It changes each election. Mongolian National Public Radio and Television propose a plan on their time allocation and the Communications Regulatory Commission will make the decisions. However, there is no detail regulation on this issue. Only requirement is to be equal to candidates. Source
Article 46, Law on Parliamentarian Elections, 2019 |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
No provisions for other forms of indirect public funding found. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Source
Page 20, Uribe Burcher and Casal Bertoa (2018), Political Finance in Mongolia, International IDEA and Open Society Forum |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Source
Page 20, Uribe Burcher and Casal Bertoa (2018), Political Finance in Mongolia, International IDEA and Open Society Forum |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
48.1. It shall be prohibited for any person to conduct the following actions and activities for the purpose of attracting voters by himself / herself or through others until the end of the polling day after the beginning of the regular election year, until the end of the polling day after the decision to call by-elections and by-elections.' Source
Article 48, Law on Parliamentarian Elections, 2019 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
50.1 State Audit Agency will determine the limit. Source
Article 50, Law on Parliamentarian Elections, 2019 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
50. 1 State Audit Agency will set the maximum amount of election expences by march 1 of an election year.
Source
Article 50, Law on Parliamentarian Elections, 2019 |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
50.1 State Audit Agency will determine the limit Source
Article 50, Law on Parliamentarian Elections, 2019 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
It depends on location, territory, voters' and household numbers.
Source
Article 50, Law on Parliamentarian Elections, 2019 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
No regulations regarding third party spending have been found. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Comment
41.1.1 Three printer's sheets of newspaper Source
Article 41 and 46, Law on Parliamentarian Elections, 2019 |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Comment
47.5. Payment for campaigning using the electronic environment specified in Article 47.1.3 of this Law shall not exceed the average amount of payment for advertisement, news and information held from January 1 of the regular election year to January 1 of the previous year.' Source
Article 47, Law on Parliamentarian Elections, 2019 |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
Yes
Comment
47.3 Candidates and Political parties will have only one account. There should not be any comments on their posts. Source
Article 47, Law on Parliamentarian Elections, 2019 |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
'20.3. Finance of the party shall be audited annually and it shall be published.' Source
Article 20, Law on Political Parties, 2005 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
' 57.3. A party or coalition shall, within 45 days from the polling day and a candidate within 30 days from the polling day, obtain a conclusion from the private audit legal entity and submit it to the state audit body.' Source
Article 57, Law on Parliamentarian Elections, 2019 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
According to the Article 47, candidates should send their report on election campaign to the state audit within 30 days after the election. The State Audit will report to the public within 60 days. Source
Article 47, Law on Parliamentarian Elections, 2019 |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
58.1 The State Audit office will report after 60 days when they receive their reports. Source
Article 58, Law on Parliamentarian Elections, 2019 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
57.4 Legal entities and legal persons name and amount of donation Source
Article 57, Law on Parliamentarian Elections, 2019 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Article 57, Law on Parliamentarian Elections, 2019 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
Article 57, Law on Parliamentarian Elections, 2019 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Auditing agency
Source
Article 58, Law on Parliamentarian Elections, 2019 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Auditing agency
Source
Article 58, Law on Parliamentarian Elections, 2019 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Request additional information from potential violator
Request additional information from others
Source
Article 58, Law on Parliamentarian Elections, 2019 |
58. What sanctions are provided for political finance infractions? |
Code
Fines
Source
Article 17, Law on Infringement, 2017 |