Montenegro
Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Some restrictions apply: Ban applies to foreign companies, companies related to games of chance, companies with a share of state-owned capital, and companies in debt. Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Some restrictions apply: Ban applies to foreign companies, companies related to games of chance, companies with a share of state-owned capital, and companies in debt. Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
"It is prohibited to use the premises of state bodies, state administration bodies, local self-government bodies, local administration bodies, public enterprises, public institutions and state funds and companies founded and/or owned in major part or partly by the state or local self-government unit, for the preparation and implementation of the campaigning activities, unless the same conditions are provided for all participants in the election process. It is prohibited to distribute promotional materials of political entities in the state bodies, state administration bodies, local self-government bodies, local administration bodies, public enterprises, public institutions and state funds and companies founded and/or owned in major part or partly by the state or a local self-government unit" Source: Article 26, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Public officials are prohibited from use of official cars in the period of the election campaign, except for the needs of official duty." Source: Article 32, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
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
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law. A political entity that is not entitled to budgetary assets may raise funds from private sources in the amount of up to 10% of total funds referred to in Article 11 paragraph 1 of this Law. A political entity shall adopt the decision on the amount of membership fees for the current year, by the end of January of the current year at the latest, and submit it to the Agency, which shall publish it on its website no later than seven days from the day of receipt. A natural person may pay a maximum of 2,000 euros, while a legal entity may pay a maximum of 10,000 euros for the financing of a political entity, per annum. The Decision on the amount of budgetary assets referred to in paragraph 1 of this Article shall be adopted by the Ministry and local administration body respectively, not later than by 31 January of the current year and shall be published on their website no later than seven days from the day of adoption of the decision." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014
|
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
2,000 euros for natural persons, and 10,000 euros for legal entities, per annum.
Source
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law. A political entity that is not entitled to budgetary assets may raise funds from private sources in the amount of up to 10% of total funds referred to in Article 11 paragraph 1 of this Law. A political entity shall adopt the decision on the amount of membership fees for the current year, by the end of January of the current year at the latest, and submit it to the Agency, which shall publish it on its website no later than seven days from the day of receipt. A natural person may pay a maximum of 2,000 euros, while a legal entity may pay a maximum of 10,000 euros for the financing of a political entity, per annum. The Decision on the amount of budgetary assets referred to in paragraph 1 of this Article shall be adopted by the Ministry and local administration body respectively, not later than by 31 January of the current year and shall be published on their website no later than seven days from the day of adoption of the decision." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
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
This applies only to presidential elections. Source
"Political entities may raise funds from private sources only during the election campaign. The amount of funds from private sources that a candidate raises to finance the election campaign shall not exceed total amount of funds referred to in Article 20 paragraph 1 of this Law. The total value of the payment and contribution of a natural person or an entrepreneur for financing of the election campaign shall not exceed the amount of 2,000 euros, and the total value of the payment and contribution of a legal entity or company for financing of the election campaign shall not exceed 10,000 euros." Source: Article 21, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014
|
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
2,000 euros for natural persons, and 10,000 euros for legal entities
Comment
only specified for presidential elections Source
"Political entities may raise funds from private sources only during the election campaign. The amount of funds from private sources that a candidate raises to finance the election campaign shall not exceed total amount of funds referred to in Article 20 paragraph 1 of this Law. The total value of the payment and contribution of a natural person or an entrepreneur for financing of the election campaign shall not exceed the amount of 2,000 euros, and the total value of the payment and contribution of a legal entity or company for financing of the election campaign shall not exceed 10,000 euros." Source: Article 21, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Only for presidential candidates Source
"Political entities may raise funds from private sources only during the election campaign. The amount of funds from private sources that a candidate raises to finance the election campaign shall not exceed total amount of funds referred to in Article 20 paragraph 1 of this Law. The total value of the payment and contribution of a natural person or an entrepreneur for financing of the election campaign shall not exceed the amount of 2,000 euros, and the total value of the payment and contribution of a legal entity or company for financing of the election campaign shall not exceed 10,000 euros." Source: Article 21, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
2,000 euros for natural persons, and 10,000 euros for legal entities
Comment
only for presidential candidates Source
"Political entities may raise funds from private sources only during the election campaign. The amount of funds from private sources that a candidate raises to finance the election campaign shall not exceed total amount of funds referred to in Article 20 paragraph 1 of this Law. The total value of the payment and contribution of a natural person or an entrepreneur for financing of the election campaign shall not exceed the amount of 2,000 euros, and the total value of the payment and contribution of a legal entity or company for financing of the election campaign shall not exceed 10,000 euros." Source: Article 21, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, donation limit for private persons apply
Comment
No mention of own campaign contributions specifically |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
In-kind contributions are prohibited from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. The value of the in-kind contributions of other allowed sources is calculated and reported as income, thus the monetary restrictions apply. Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "In-kind contributions shall be calculated at market value and reported as income. The method of calculating and reporting of in-kind contributions shall be determined by the rules of the Agency." Source: Article 6, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
In-kind contributions are prohibited from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. The value of the in-kind contributions of other allowed sources is calculated and reported as income, thus the monetary restrictions apply. Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "In-kind contributions shall be calculated at market value and reported as income. The method of calculating and reporting of in-kind contributions shall be determined by the rules of the Agency." Source: Article 6, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Sometimes
Comment
Publishing activities, sales of promotional materials and event organization, as well as leasing property are only mentioned as possible surces of this type of income. Source
"Income from the activities is the income that political entities generate from publishing activities, sales of promotion materials and event organization. Income from property consists of the income that political parties generate from the sale and leasing of property owned by the entity or income from the ownership share in other legal entities and companies." Source: Article 6, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Needs to be in accordance to the law only Source
"Borrowing from banks and other financial institutions in Montenegro means credits, loans and other services of banks and other financial institutions, in accordance with the law" Source: Article 6, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Needs to be in accordance to the law only Source
"Borrowing from banks and other financial institutions in Montenegro means credits, loans and other services of banks and other financial institutions, in accordance with the law" Source: Article 6, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
Yes
Comment
For two years Source
"The political entities are prohibited from receiving material and financial assistance and in-kind contributions from: other states, companies and legal entities outside the territory of Montenegro; natural persons and entrepreneurs who do not have the right to vote in Montenegro, anonymous donors, public institutions, legal entities and companies with a share of state-owned capital; trade unions; religious communities and organizations; non-governmental organizations; casinos, bookmakers and other providers of games of chance. A person who was convicted by a final judicial decision for a criminal offense with the elements of corruption and organized crime is prohibited from financing a political entity. In the period from the day of calling until the day of holding of the elections, the natural and legal persons referred to in paragraphs 1 and 2 of this Article are prohibited from running media and public campaigns on behalf or for the needs of a political entity. Political entities shall not borrow from natural persons. Legal entities, companies and entrepreneurs and related natural persons which, based on a contract with the competent bodies, in accordance with the Law, performed affairs of public interest or concluded a contract through the public procurement procedure, in the period of two years preceding the conclusion of the contract, for the duration of the business relationship, as well as two years after the termination of the business relationship shall not give contributions to the political entities. Natural persons and legal entities against which the tax authority initiated a procedure of forced collection of debt through the adoption of the decision on forced collection of tax, shall not make contributions to political entities. Legal entity which failed to meet the outstanding obligations towards the employees within the past three months shall not give contributions to legal entities." Source: Article 24, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Comment
In relation to campaigns Source
"For the purpose of raising funds to finance the election campaign costs, the political entity shall open a separate gyro account with an institution authorized for payment operations, of which it shall inform the Agency, and that account shall not be used for any other purpose. All funds intended for the financing of election campaign shall be paid into the account referred to in paragraph 1 of this Article and all payments of election campaign costs shall be carried out by the political entity via that account. When two or more political entities submit a joint list, funds intended for financing of the election campaign of these political entities shall be paid into the account referred to in paragraph 1 of this Article, of one of the political entities that submitted the joint list, which shall be determined by the agreement of these political entities, of which they shall inform the Agency." Source: Article 18, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Source
"Budgetary assets may be used to finance: 1) regular operations of political entities; 2) costs of election campaigns for the election of Members of Parliament and councillors and election of the President of Montenegro. Budgetary assets referred to in paragraph 1 item 1 of this Article shall not include the funds for financing of the employees in the political caucuses of the MPs and councillors and providing for business premises for the needs of political entities. Funds for financing of the employees in the political caucuses of MPs and councillors and providing for business premises for the needs of political entities shall be provided for by the Parliament of Montenegro (hereinafter referred to as: the Parliament) and assemblies of the local self-government units, i.e. body in charge of property affairs." Source: Article 7, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
For regular funding: representation in elected body, for campaign funding: submission of electoral list (participation in election) Source
"Budgetary assets may be used to finance: 1) regular operations of political entities; 2) costs of election campaigns for the election of Members of Parliament and councillors and election of the President of Montenegro. Budgetary assets referred to in paragraph 1 item 1 of this Article shall not include the funds for financing of the employees in the political caucuses of the MPs and councillors and providing for business premises for the needs of political entities. Funds for financing of the employees in the political caucuses of MPs and councillors and providing for business premises for the needs of political entities shall be provided for by the Parliament of Montenegro (hereinafter referred to as: the Parliament) and assemblies of the local self-government units, i.e. body in charge of property affairs." "A political entity which participates in the elections and wins at least one MP or councillor seat shall be entitled to budgetary assets referred to in Article 7 paragraph 1 item 1 of this Law. Entity that submitted the verified and proclaimed electoral list and the nomination for the election of the President of Montenegro shall be entitled to budgetary assets referred to in Article 7, paragraph 1, item 2 of this Law." Source: Articles 7 and 8, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to seats received
Comment
Regular financing: 20% equally to seat holders, 80% in proportion to seats; Campaign financing: 20% equally to all election participants, 80% in proportion to seats won. Source
"20% of the funds referred to in paragraphs 1, 2 and 3 of this Article shall be distributed in equal amounts to political entities in the Parliament, and municipal assemblies respectively, and the remaining 80% of funds in proportion to the total number of MP and councillor seats they have at the time of distribution." Source: Articles 11, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "20% of the funds referred to in paragraph 1 of this Article shall be distributed in equal amounts to the political entities, within eight days from the expiry of deadline for submission of the electoral lists. 80% of the funds referred to in paragraph 1 of this Article shall be distributed to the political entities that won seats, in proportion to the number of seats awarded." Source: Articles 14, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 201 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Source
"Budgetary assets may be used to finance: 1) regular operations of political entities; 2) costs of election campaigns for the election of Members of Parliament and councillors and election of the President of Montenegro. Budgetary assets referred to in paragraph 1 item 1 of this Article shall not include the funds for financing of the employees in the political caucuses of the MPs and councillors and providing for business premises for the needs of political entities. Funds for financing of the employees in the political caucuses of MPs and councillors and providing for business premises for the needs of political entities shall be provided for by the Parliament of Montenegro (hereinafter referred to as: the Parliament) and assemblies of the local self-government units, i.e. body in charge of property affairs." Source: Articles 7, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No data
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
No data
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No data
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Source
"Revenues acquired by a political entity from membership fees and contributions shall not be subject to taxation. Other revenues acquired by a political entity shall be taxed in accordance with the law." Source: Articles 36, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
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
No data
|
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
Indirectly, through a celing on how much a party can raise from private sources (and public of course), so the spending cannot exceed that Source
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entities may raise funds for financing of the election campaign costs from private sources only during the election campaign. Amount of funds from private sources raised by the political entity for the financing of the costs of the election campaign for the election of MPs or councillors shall not exceed the thirty-fold amount of funds belonging to it in terms of Article 14 paragraph 2 of this Law." Source: Article 17, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Costs of the election campaign of a political entity must not exceed the amount referred to in Articles 14 and 17 of this Law." Source: Article 13, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Ongoing financing: double of what the public funding amount; Campaign financing: 31 times the amount of the equally distributed public funding in relation to election campaigns
Source
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Budgetary assets for financing of the costs of the election campaign f referred to in Article 13 paragraph 1 of this Law shall be provided for in the year in which regular elections are held in the amount of 0.25% of the total planned budgetary assets after deduction of the capital budgetary assets and budgetary assets of the state funds (current budget), for the year for which the budget is adopted. 20% of the funds referred to in paragraph 1 of this Article shall be distributed in equal amounts to the political entities, within eight days from the expiry of deadline for submission of the electoral lists. 80% of the funds referred to in paragraph 1 of this Article shall be distributed to the political entities that won seats, in proportion to the number of seats awarded. The funds referred to in paragraph 3 of this Article shall be distributed within seven days from the day when the political entities submit to the Agency the reports on funds raised and spent for the election campaign with the supporting documents referred to in Article 37 of this Law." Source: Article 14, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entities may raise funds for financing of the election campaign costs from private sources only during the election campaign. Amount of funds from private sources raised by the political entity for the financing of the costs of the election campaign for the election of MPs or councillors shall not exceed the thirty-fold amount of funds belonging to it in terms of Article 14 paragraph 2 of this Law." Source: Article 17, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Costs of the election campaign of a political entity must not exceed the amount referred to in Articles 14 and 17 of this Law." Source: Article 13, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Indirectly, through a celing on how much a party can raise from private sources (and public of course), so the spending cannot exceed that Source
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entities may raise funds for financing of the election campaign costs from private sources only during the election campaign. Amount of funds from private sources raised by the political entity for the financing of the costs of the election campaign for the election of MPs or councillors shall not exceed the thirty-fold amount of funds belonging to it in terms of Article 14 paragraph 2 of this Law." Source: Article 17, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Costs of the election campaign of a political entity must not exceed the amount referred to in Articles 14 and 17 of this Law." Source: Article 13, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Ongoing financing: double of what the public funding amount; Campaign financing: 31 times the amount of the equally distributed public funding in relation to election campaigns
Source
"The amount of funds from private sources which are raised by the political entity for regular operation in the current calendar year may amount up to 100% of the funds belonging to it from the budgetary assets, in accordance with Article 11 paragraph 4 of this Law." Source: Article 12, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Budgetary assets for financing of the costs of the election campaign f referred to in Article 13 paragraph 1 of this Law shall be provided for in the year in which regular elections are held in the amount of 0.25% of the total planned budgetary assets after deduction of the capital budgetary assets and budgetary assets of the state funds (current budget), for the year for which the budget is adopted. 20% of the funds referred to in paragraph 1 of this Article shall be distributed in equal amounts to the political entities, within eight days from the expiry of deadline for submission of the electoral lists. 80% of the funds referred to in paragraph 1 of this Article shall be distributed to the political entities that won seats, in proportion to the number of seats awarded. The funds referred to in paragraph 3 of this Article shall be distributed within seven days from the day when the political entities submit to the Agency the reports on funds raised and spent for the election campaign with the supporting documents referred to in Article 37 of this Law." Source: Article 14, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entities may raise funds for financing of the election campaign costs from private sources only during the election campaign. Amount of funds from private sources raised by the political entity for the financing of the costs of the election campaign for the election of MPs or councillors shall not exceed the thirty-fold amount of funds belonging to it in terms of Article 14 paragraph 2 of this Law." Source: Article 17, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Costs of the election campaign of a political entity must not exceed the amount referred to in Articles 14 and 17 of this Law." Source: Article 13, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No data
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
"A political entity shall keep the accounting records of revenues, property and expenditures by origin (especially for assets from public and private sources), the amount and structure of revenues, property and expenditures, in accordance with the regulation of the Ministry. A political party shall submit the statement of accounts and the consolidated financial statement to the administrative body in charge of keeping the single register of taxpayers, to the State Audit Institution and the Agency, not later than by 31 March of the current year for the previous year. When submitting the statement referred to in paragraph 2 of this Article, the political entity shall submit to the State Audit Institution and the Agency the financial statements and reports on assets of all legal entities and companies it founded or in which it has an ownership share as supporting documents. Statement referred to in paragraph 2 of this Article shall be submitted in hard copy and electronic form, on a form defined by the Ministry. The Agency shall publish documents referred to in paragraphs 2 and 3 of this Article on its website, within seven days from the day of receipt." Source: Article 37, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"Political entity shall prepare a report on the origin, the amount and structure of the funds from public and private sources raised and spent on the election campaign, and shall submit it to the Agency, with supporting documentation, within 30 days from the day of holding of the elections" Source: Article 39, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"Political entity shall prepare a report on the origin, the amount and structure of the funds from public and private sources raised and spent on the election campaign, and shall submit it to the Agency, with supporting documentation, within 30 days from the day of holding of the elections" Source: Article 39, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
50. Do third parties have to report on election campaign finances? |
Code
No data
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Both annual reports and reports related to campaign financing are published on the website of the Agency for Prevention of Corruption Source
"A political entity shall keep the accounting records of revenues, property and expenditures by origin (especially for assets from public and private sources), the amount and structure of revenues, property and expenditures, in accordance with the regulation of the Ministry. A political party shall submit the statement of accounts and the consolidated financial statement to the administrative body in charge of keeping the single register of taxpayers, to the State Audit Institution and the Agency, not later than by 31 March of the current year for the previous year. When submitting the statement referred to in paragraph 2 of this Article, the political entity shall submit to the State Audit Institution and the Agency the financial statements and reports on assets of all legal entities and companies it founded or in which it has an ownership share as supporting documents. Statement referred to in paragraph 2 of this Article shall be submitted in hard copy and electronic form, on a form defined by the Ministry. The Agency shall publish documents referred to in paragraphs 2 and 3 of this Article on its website, within seven days from the day of receipt." Source: Article 37, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "The Agency shall publish on its website the reports referred to in Article 39 of this Law within seven days from the day of receipt." Source: Article 40, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
Explicitly specified for election contributions, however anonymous donations are generally prohibited. Source
"Political entity shall submit to the Agency a report on the contributions of legal and natural persons on a fifteen-day basis, during the election campaign. The Agency shall prescribe the form and content of the reports referred to in paragraph 1 of this Article. The Agency shall publish the report referred to in paragraph 1 of this Article on its website, within seven days from the day of receipt." Source: Article 42, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"A political entity shall keep the accounting records of revenues, property and expenditures by origin (especially for assets from public and private sources), the amount and structure of revenues, property and expenditures, in accordance with the regulation of the Ministry. A political party shall submit the statement of accounts and the consolidated financial statement to the administrative body in charge of keeping the single register of taxpayers, to the State Audit Institution and the Agency, not later than by 31 March of the current year for the previous year. When submitting the statement referred to in paragraph 2 of this Article, the political entity shall submit to the State Audit Institution and the Agency the financial statements and reports on assets of all legal entities and companies it founded or in which it has an ownership share as supporting documents. Statement referred to in paragraph 2 of this Article shall be submitted in hard copy and electronic form, on a form defined by the Ministry. The Agency shall publish documents referred to in paragraphs 2 and 3 of this Article on its website, within seven days from the day of receipt." Source: Article 37, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entity shall prepare a report on the origin, the amount and structure of the funds from public and private sources raised and spent on the election campaign, and shall submit it to the Agency, with supporting documentation, within 30 days from the day of holding of the elections" Source: Article 39, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
"A political entity shall keep the accounting records of revenues, property and expenditures by origin (especially for assets from public and private sources), the amount and structure of revenues, property and expenditures, in accordance with the regulation of the Ministry. A political party shall submit the statement of accounts and the consolidated financial statement to the administrative body in charge of keeping the single register of taxpayers, to the State Audit Institution and the Agency, not later than by 31 March of the current year for the previous year. When submitting the statement referred to in paragraph 2 of this Article, the political entity shall submit to the State Audit Institution and the Agency the financial statements and reports on assets of all legal entities and companies it founded or in which it has an ownership share as supporting documents. Statement referred to in paragraph 2 of this Article shall be submitted in hard copy and electronic form, on a form defined by the Ministry. The Agency shall publish documents referred to in paragraphs 2 and 3 of this Article on its website, within seven days from the day of receipt." Source: Article 37, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entity shall prepare a report on the origin, the amount and structure of the funds from public and private sources raised and spent on the election campaign, and shall submit it to the Agency, with supporting documentation, within 30 days from the day of holding of the elections" Source: Article 39, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
Agency for Prevention of Corruption for both ongoing and campaign, and state Audit Institution for ongoing Source
"A political entity shall keep the accounting records of revenues, property and expenditures by origin (especially for assets from public and private sources), the amount and structure of revenues, property and expenditures, in accordance with the regulation of the Ministry. A political party shall submit the statement of accounts and the consolidated financial statement to the administrative body in charge of keeping the single register of taxpayers, to the State Audit Institution and the Agency, not later than by 31 March of the current year for the previous year. When submitting the statement referred to in paragraph 2 of this Article, the political entity shall submit to the State Audit Institution and the Agency the financial statements and reports on assets of all legal entities and companies it founded or in which it has an ownership share as supporting documents. Statement referred to in paragraph 2 of this Article shall be submitted in hard copy and electronic form, on a form defined by the Ministry. The Agency shall publish documents referred to in paragraphs 2 and 3 of this Article on its website, within seven days from the day of receipt." Source: Article 37, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Political entity shall prepare a report on the origin, the amount and structure of the funds from public and private sources raised and spent on the election campaign, and shall submit it to the Agency, with supporting documentation, within 30 days from the day of holding of the elections" Source: Article 39, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Special agency for political finance
Comment
Agency for Prevention of Corruption Source
"Control over financing of political entities and election campaigns shall be performed by the Agency for Prevention of Corruption (hereinafter referred to as: the Agency) established in accordance with a special Law." Source: Article 4, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Source
"The Agency shall initiate the procedure in which it is decided whether there is a violation of this Law and measures are pronounced in accordance with this Law. Procedure referred to in paragraph 1 of this Article may be initiated ex officio by the Agency, based on its own knowledge or report of a natural or legal person. The Agency shall prescribe the manner and procedure of reporting and deciding upon objections filed in the course of the election campaign based on the suspicion of existence of violation of this Law. The Agency shall inform the political entity on initiation of the procedure referred to in paragraph 1 of this Article. E" "Procedure referred to in Article 44 of this Law shall be conducted by the Director of the Agency through a person authorized by the Agency (hereinafter referred to as: the authorized officer). The authorized officer shall, ex officio, obtain the data and notifications on facts necessary for conducting the procedure and decision-making, of which the official records are kept by the competent state bodies, state administration and local administration and local self-government bodies, and public enterprises, companies, institutions or other natural and legal persons. Bodies, legal and natural persons referred to in paragraph 2 of this Article shall, within the period of maximum 15 days and in the manner determined by the Agency, submit the requested data and notifications i.e. enable the insight into the requested documentation in accordance with the law. If the bodies, legal and natural persons referred to in paragraph 2 of this Article fail to act within the deadline and in manner referred to in paragraph 3 of this Article, they shall immediately inform the Agency of the reasons for that. In case referred to in paragraph 4 of this Article, the Agency shall inform the body performing supervision over their work and submit a special report to the Parliament." "The Agency shall pronounce the measure of issuance of warning to the political entity if it finds the shortcomings which can be remedied during the control. Should the political entity fail to act upon the warning measure by the deadline defined in the decision, or should the violation of this Law occur the shortcomings of which cannot be remedied, the Agency shall file a motion for initiation of a misdemeanour procedure before the competent court. In case of violation of the Law referred to in Article 11 paragraph 10, Article 14 paragraph 4 and Article 20 paragraph 4 of this Law, the Agency shall adopt a decision on temporary suspension of transfer of budgetary assets to the political entity until the adoption of the enforceable decision in the misdemeanour procedure." Source: Articles 45, 46 48, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014
|
58. What sanctions are provided for political finance infractions? |
Code
Source
"The Agency shall pronounce the measure of issuance of warning to the political entity if it finds the shortcomings which can be remedied during the control. Should the political entity fail to act upon the warning measure by the deadline defined in the decision, or should the violation of this Law occur the shortcomings of which cannot be remedied, the Agency shall file a motion for initiation of a misdemeanour procedure before the competent court. In case of violation of the Law referred to in Article 11 paragraph 10, Article 14 paragraph 4 and Article 20 paragraph 4 of this Law, the Agency shall adopt a decision on temporary suspension of transfer of budgetary assets to the political entity until the adoption of the enforceable decision in the misdemeanour procedure. The Agency may pronounce the measure of partial or full loss of entitlement to budgetary assets for financing of the election campaign costs to a political entity in case when the funds for financing of the election campaign costs are not used for financing of the election campaign costs, in accordance with Article 13 of this Law, as well as in case of acquisition of funds contrary to Article 18 and 22 of this Law. The decision of the Agency referred to in paragraph 4 of this Article is final and an administrative dispute can be instituted against it. The decision referred to in paragraphs 3 and 4 of this Article shall be submitted by the Agency to the Ministry or to the local administration body." Source: Article 48, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "Funds raised contrary to this Law shall be seized in accordance with the Law on Misdemeanour Offenses." Source: Article 49, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 "A fine ranging from 5,000 euros to 20,000 euros shall be imposed for a misdemeanour offense on a legal entity" Source: Article 51, LAW ON FINANCING OF POLITICAL ENTITIES AND ELECTION CAMPAIGNS 2014 |