Political Finance Database

Serbia

Serbia

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations.

Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations.

Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

3. Is there a ban on corporate donations to political parties?
Code
Yes
Comment

Specifically, financing from the gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, is prohibited. 

Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

4. Is there a ban on corporate donations to candidates?
Code
Yes
Comment

Specifically, financing from the gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, is prohibited. 

Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

5. Is there a ban on donations from Trade Unions to political parties?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law. Donations from international political associations may not be in money. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. Acquisition of shares or stock in a legal entity by a political entity is prohibited. Financing of a political entity by an endowment or foundation is prohibited."

Source: Article 12, Law on financing political activities, 2014 consolidated text

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law."

Source: Article 12, Law on financing political activities, 2014 consolidated text

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law."

Source: Article 12, Law on financing political activities, 2014 consolidated text

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law."

Source: Article 12, Law on financing political activities, 2014 consolidated text

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law."

Source: Article 12, Law on financing political activities, 2014 consolidated text

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No data
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

"Maximum value of donation on at annual level that a natural person may give to political entities for operation shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for operation shall not exceed 200 average monthly salaries. Donations exceeding at annual level one average monthly salary are published. A political entity is required to publish each donation referred in paragraph 3 of this Article on its website within eight days from the date the value of donation has exceeded the amount of one monthly average salary."

Source: Article 10, Law on financing political activities, 2014 consolidated text

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
20 average monthly salaries for natural persons, 200 average monthly salaries per year
Source

"Maximum value of donation on at annual level that a natural person may give to political entities for operation shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for operation shall not exceed 200 average monthly salaries. Donations exceeding at annual level one average monthly salary are published. A political entity is required to publish each donation referred in paragraph 3 of this Article on its website within eight days from the date the value of donation has exceeded the amount of one monthly average salary."

Source: Article 10, Law on financing political activities, 2014 consolidated text

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

"A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

Source: Article 22, Law on financing political activities, 2014 consolidated text

 

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
20 average monthly salaries for natural persons, 200 average monthly salaries
Comment

regardless of the number of election campaigns in a calendar year

Source

"Maximum value of donation on at annual level that a natural person may give to political entities for operation shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for operation shall not exceed 200 average monthly salaries. Donations exceeding at annual level one average monthly salary are published. A political entity is required to publish each donation referred in paragraph 3 of this Article on its website within eight days from the date the value of donation has exceeded the amount of one monthly average salary."

"A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

Source: Article 10 and Article 22, Law on financing political activities, 2014 consolidated text

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Source

"A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

Source: Article 22, Law on financing political activities, 2014 consolidated text

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
20 average monthly salaries for natural persons, 200 average monthly salaries
Comment

 

regardless of the number of election campaigns in a calendar year

Source

"Maximum value of donation on at annual level that a natural person may give to political entities for operation shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for operation shall not exceed 200 average monthly salaries. Donations exceeding at annual level one average monthly salary are published. A political entity is required to publish each donation referred in paragraph 3 of this Article on its website within eight days from the date the value of donation has exceeded the amount of one monthly average salary."

"A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

Source: Article 10 and Article 22, Law on financing political activities, 2014 consolidated text

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

 

 

Source

"A political entity may raise funds from private sources for election campaign costs. Natural persons and legal entities may give donations in a single calendar year in which election are held, in addition to donations for operation, also for election campaign costs up to maximum stipulated amount at annual level specified in Article 10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a calendar year."

Source: Article 22, Law on financing political activities, 2014 consolidated text

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Comment

All donations are calculated towards one amount. 

Source

"A donation is a pecuniary amount, other than membership dues, that a natural person or legal entity voluntarily give to a political entity, a gift, as well as services provided without compensation or under conditions deviating from market conditions. A donation is also credit, loan and other services provided by a bank or other financial organizations in the Republic of Serbia given under conditions deviating from market conditions, as well as write-off of debt. A donor engaged in commercial activity is required when giving a donation and not later than the following day to forward to the political entity a personal statement or attestation from the relevant authority that it has settled all obligations relative to public revenues, as well as a statement that it is not engaged in or has been engaged over the past two years in contracted activities of general interest. A legal entity, as donor, is required to also submit data on its ownership structure. A donor is required to forward a statement that it has not exceeded the donation ceiling specified in Article 10 paragraphs 1 and 2 hereof not later than three days from the date of giving of donation. A political entity is required to accept payment of pecuniary amount specified in paragraph 1 of this Article only from the donor's current account. A political entity is required to record the donation referred in paragraph 1 of this Article. Exerting any form of pressure, threat, discrimination or any other form of direct or indirect placement in disadvantageous position of a natural person or legal entity giving a donation to a political entity is prohibited. Government authorities are required to prevent and punish any violence, violation of rights or threat to a natural person or legal entity for giving of a donation to a political entity."

Source: Article 9, Law on financing political activities, 2014 consolidated text

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Comment

The value of the in-kind donations is calculated together with the other types of donations. 

Source

"A donation is a pecuniary amount, other than membership dues, that a natural person or legal entity voluntarily give to a political entity, a gift, as well as services provided without compensation or under conditions deviating from market conditions."

Source: Article 14, Law on financing political activities, 2014 consolidated text

23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Source

"A political entity may not realize income from promotional, and/or commercial activity."

Source: Article 14, Law on financing political activities, 2014 consolidated text

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Source

"Political entities are financed from public and private sources. Political entities use funds from sources specified in paragraph 1 of this Article for financing operation and election campaign costs. Political entities may borrow from banks and other financial organization in the Republic of Serbia, in accordance with law."

Source: Article 3, Law on financing political activities, 2014 consolidated text

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Source

"Political entities are financed from public and private sources. Political entities use funds from sources specified in paragraph 1 of this Article for financing operation and election campaign costs. Political entities may borrow from banks and other financial organization in the Republic of Serbia, in accordance with law."

Source: Article 3, Law on financing political activities, 2014 consolidated text

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
27. Are there provisions requiring donations to go through the banking system?
Code
Sometimes
Comment

For election campaigns

Source

"For the purpose of raising funds for election campaign financing a political entity shall open a separate account that may not be used for other purposes. A political entity not having the account specified in paragraph 1 of this Article is required to open such account after calling of elections and before registering own election list. All funds intended for financing of election campaign are paid into the account specified in paragraph 1 of this Article and all payments of election campaign costs are made from that account."

Source: Article 24, Law on financing political activities, 2014 consolidated text

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, both regularly and in relation to campaigns
Source

"Funds from public sources appropriated for financing political entities operation whose candidates have been elected members of parliament, deputies and/or /councillors are set at the level of 0.105% of the Republic of Serbia budgetary tax revenues, territorial autonomy budgetary tax revenues and/or local government budgetary tax revenues."

"Funds from public sources for covering election campaign costs are allocated in the year of regular elections in the amount of 0.07% of the Republic of Serbia budgetary tax revenues , of the autonomous province budgetary tax revenues and/or of the local government budgetary tax revenues for the budget year. In case of early elections the relevant authorities are required to provide funds specified in paragraph 1 of this Article."

Source: Article 16 and Article 20, Law on financing political activities, 2014 consolidated text

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of votes in previous election
  • Share of seats in next election
  • Participation in election
Comment

Ongoing financing: to political entities winning seats in representative bodies, in proportion to obtained votes. 

In relation to campaigns: 20% (50% in majority system) of the funds equally to all list submitters, 80% to the election lists proportional to the obtained seats. 

Source

Ongoing financing: 

"Funds specified in Article 16 hereof are allocated to political entities winning seats in representative bodies in proportion to the number of votes calculated according to the method defined in paragraph 2 of this Article. The number of votes of a political entity taken as basis for allocation of funds is calculated by multiplying the number of votes of all voters up to 5% of valid votes with a quotient of 1.5, and the number of votes over 5% of valid votes of all voters with a coefficient of 1. Funds specified in Article 16 hereof granted to a political entity participating in elections as a coalition are divided pursuant to coalition agreement. The ministry with competence for financial affairs and/or the relevant autonomous province authority, and/or the local government authority, transfers the proportionate portion of funds referred to in paragraph 1 of this Article to political entities every month, before the 10 th of the month for the preceding month."

Election financing: 

"Funds specified in Article 20 hereof in the amount of 20% are allocated in equal amounts to submitters of proclaimed election lists who at time of submission declared to use the funds from public sources to cover election campaign costs. These funds shall be paid within five days from the date of proclaiming of election lists. The remaining portion of funds specified in Article 20 hereof (80%) is allocated to submitters of election lists pro rata to the number of won seats, within five days from the date of proclaiming of election results, regardless of whether the funds from public sources were used to cover election campaign costs. In case of elections held according to majority system, the funds specified in Article 20 hereof in the amount of 50% are allocated in equal amounts to proponents of candidates who declared at time of filing of candidacy to use funds from public sources to cover election campaign costs. These funds shall be paid to proponents of candidates within five days from the date of determination of final list of candidates. In case of holding elections referred in paragraph 3 of this Article the remaining portion of funds specified in Article 20 hereof (50%) is allocated to the proponent of the winning candidate within five days from the date of proclaiming election results, regardless of whether the funds from public sources were used to cover election campaign costs. In case of runoffs for elections specified in paragraph 3 of this Article, the remaining portion of funds specified in Article 20 hereof (50%) are allocated in equal amounts to proponents of candidates participating in election runoff, within five days from the date of proclaiming election results of the first election round, regardless of whether the funds from public sources were used to cover election campaign costs. If the submitters of election lists and/or nominators of candidates declaring to use funds from public sources for covering election campaign costs fail to give election bond within the deadline set forth under Article 25 paragraph 3 hereof, the portion of funds allocated to such submitters of election lists and/or nominators of candidates is carried over to the remaining funds specified in paragraphs 2, 4 and 5 of this Article. Funds for election campaign from public sources are allocated by the ministry with competence for financial affairs and/or the relevant authority of autonomous province or local government."

Source: Article 17 and Article 21, Law on financing political activities, 2014 consolidated text

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received Proportional to seats received
Comment

Ongoing financing: to political entities winning seats in representative bodies, in proportion to obtained votes. 

In relation to campaigns: 20% (50% in majority system) of the funds equally to all list submitters, 80% to the election lists proportional to the obtained seats. 

 

Source

Ongoing financing: 

"Funds specified in Article 16 hereof are allocated to political entities winning seats in representative bodies in proportion to the number of votes calculated according to the method defined in paragraph 2 of this Article. The number of votes of a political entity taken as basis for allocation of funds is calculated by multiplying the number of votes of all voters up to 5% of valid votes with a quotient of 1.5, and the number of votes over 5% of valid votes of all voters with a coefficient of 1. Funds specified in Article 16 hereof granted to a political entity participating in elections as a coalition are divided pursuant to coalition agreement. The ministry with competence for financial affairs and/or the relevant autonomous province authority, and/or the local government authority, transfers the proportionate portion of funds referred to in paragraph 1 of this Article to political entities every month, before the 10 th of the month for the preceding month."

Election financing: 

"Funds specified in Article 20 hereof in the amount of 20% are allocated in equal amounts to submitters of proclaimed election lists who at time of submission declared to use the funds from public sources to cover election campaign costs. These funds shall be paid within five days from the date of proclaiming of election lists. The remaining portion of funds specified in Article 20 hereof (80%) is allocated to submitters of election lists pro rata to the number of won seats, within five days from the date of proclaiming of election results, regardless of whether the funds from public sources were used to cover election campaign costs. In case of elections held according to majority system, the funds specified in Article 20 hereof in the amount of 50% are allocated in equal amounts to proponents of candidates who declared at time of filing of candidacy to use funds from public sources to cover election campaign costs. These funds shall be paid to proponents of candidates within five days from the date of determination of final list of candidates. In case of holding elections referred in paragraph 3 of this Article the remaining portion of funds specified in Article 20 hereof (50%) is allocated to the proponent of the winning candidate within five days from the date of proclaiming election results, regardless of whether the funds from public sources were used to cover election campaign costs. In case of runoffs for elections specified in paragraph 3 of this Article, the remaining portion of funds specified in Article 20 hereof (50%) are allocated in equal amounts to proponents of candidates participating in election runoff, within five days from the date of proclaiming election results of the first election round, regardless of whether the funds from public sources were used to cover election campaign costs. If the submitters of election lists and/or nominators of candidates declaring to use funds from public sources for covering election campaign costs fail to give election bond within the deadline set forth under Article 25 paragraph 3 hereof, the portion of funds allocated to such submitters of election lists and/or nominators of candidates is carried over to the remaining funds specified in paragraphs 2, 4 and 5 of this Article. Funds for election campaign from public sources are allocated by the ministry with competence for financial affairs and/or the relevant authority of autonomous province or local government."

Source: Article 17 and Article 21, Law on financing political activities, 2014 consolidated text

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
  • Campaign spending
  • Ongoing party activities
  • Research and policy initiatives
Comment

At least 5% of the public funding should be used in professional upgrading and training, acquiring practical skills, international cooperation and work with the membership

Source

"Funds for financing political entities operation are used for functioning and propagation of the idea of a political entity and presume: work with the electorate and membership, costs of transportation and holding gatherings, promotional costs, advertising material and publications, public opinion polls, training, international cooperation, salaries and emoluments for staff, costs of utilities services and expenses related to other similar activities. Funds for financing regular activities of political entities shall also be used for covering costs of election campaigns, in accordance with this Law.4 A political entity is required to use funds received from public sources in the amount not less than 5% of aggregate funds received for operation at annual level for professional upgrading and training, acquiring practical skills, international cooperation and work with the membership."

Source: Article 19, Law on financing political activities, 2014 consolidated text

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

"(1) The citizens shall have the right to be informed by the mass media about the electoral programs and activities of submitters of the electoral lists, as well as about the candidates on the electoral lists. (2) The mass media shall be obliged to ensure equal accessibility of information about all submitters of the electoral lists, and about all candidates on those electoral lists."

Source: Article 5, LAW ON THE ELECTION OF MEMBERS OF PARLIAMENT, consolidated text 2011

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
Source

"(1) The citizens shall have the right to be informed by the mass media about the electoral programs and activities of submitters of the electoral lists, as well as about the candidates on the electoral lists. (2) The mass media shall be obliged to ensure equal accessibility of information about all submitters of the electoral lists, and about all candidates on those electoral lists."

Source: Article 5, LAW ON THE ELECTION OF MEMBERS OF PARLIAMENT, consolidated text 2011

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

"(1) The citizens shall have the right to be informed by the mass media about the electoral programs and activities of submitters of the electoral lists, as well as about the candidates on the electoral lists. (2) The mass media shall be obliged to ensure equal accessibility of information about all submitters of the electoral lists, and about all candidates on those electoral lists."

Source: Article 5, LAW ON THE ELECTION OF MEMBERS OF PARLIAMENT, consolidated text 2011

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

Not specified in more detail, to be distributed equally 

Source

"Services and goods from public sources are services and goods defined under separate regulations given to political entities by organs of the Republic of Serbia, autonomous province and local government, as well as by other organizations founded by them. It is obligatory to grant services and goods referred in paragraph 1 of this Article to all political entities under equal terms. Organs of the Republic of Serbia, autonomous province and local government, as well as other organizations founded by them shall more specifically regulate granting of services and goods referred in paragraph 1 of this Article."

Source: Article 6, Law on financing political activities, 2014 consolidated text

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
No
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, third parties banned from campaign spending
Source

"Exerting any form of pressure on legal entities and natural persons in collecting donations for a political entity is prohibited. Giving promises or inferring any privilege or personal benefit to donor of a political entity is prohibited. Giving a donation to a political entity through a third party is prohibited. Concealing identity of donor or amount of donation is prohibited."

Source: Article 13, Law on financing political activities, 2014 consolidated text 

 

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
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

"A political entity with representatives in representative bodies and registered political parties are required to submit to the Agency an annual financial statement, as well as a report on donations and assets, together with the opinion of an auditor certified in accordance with accounting and audit regulations not later than 15 April of the current year for the preceding year. Political entities referred in paragraph 1 of this Article are required to publish within eight days of submission of the annual financial statement to the Agency, the statement on their website. 6 The annual financial statement shall be published on the website of the Agency.7 The Director of the Agency shall specify the content of the annual financial statement."

Source: Article 28, Law on financing political activities, 2014 consolidated text

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

"A political entity participating in election campaign is required to submit to the Agency a report on election campaign costs within 30 days from the date of publication of final election results. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. The report on election campaign costs is compiled for the period from the date of calling of elections until the date of publishing final election results. The report on election campaign costs is published on the website of the Agency. The content of the report on election campaign costs is specified by the director of the Agency. The act referred to in paragraph 5 of this Article, the director of the Agency shall adopt within the time limit which ensures the act to come into force no later than five days after the announcement of the elections. The amendments and additions of the act referred to in paragraph 5 of this Article cannot be made during the course of the election campaign."

Source: Article 29, Law on financing political activities, 2014 consolidated text

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

"A political entity participating in election campaign is required to submit to the Agency a report on election campaign costs within 30 days from the date of publication of final election results. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. The report on election campaign costs is compiled for the period from the date of calling of elections until the date of publishing final election results. The report on election campaign costs is published on the website of the Agency. The content of the report on election campaign costs is specified by the director of the Agency. The act referred to in paragraph 5 of this Article, the director of the Agency shall adopt within the time limit which ensures the act to come into force no later than five days after the announcement of the elections. The amendments and additions of the act referred to in paragraph 5 of this Article cannot be made during the course of the election campaign."

Source: Article 29, Law on financing political activities, 2014 consolidated text

50. Do third parties have to report on election campaign finances?
Code
Third parties are banned from participating in campaigns
Source

"Exerting any form of pressure on legal entities and natural persons in collecting donations for a political entity is prohibited. Giving promises or inferring any privilege or personal benefit to donor of a political entity is prohibited. Giving a donation to a political entity through a third party is prohibited. Concealing identity of donor or amount of donation is prohibited."

Source: Articles 13, Law on financing political activities, 2014 consolidated text

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

On the website of the Anti-corruption Agency.

Source

"A political entity with representatives in representative bodies and registered political parties are required to submit to the Agency an annual financial statement, as well as a report on donations and assets, together with the opinion of an auditor certified in accordance with accounting and audit regulations not later than 15 April of the current year for the preceding year. Political entities referred in paragraph 1 of this Article are required to publish within eight days of submission of the annual financial statement to the Agency, the statement on their website.  The annual financial statement shall be published on the website of the Agency. The Director of the Agency shall specify the content of the annual financial statement."

"A political entity participating in election campaign is required to submit to the Agency a report on election campaign costs within 30 days from the date of publication of final election results. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. The report on election campaign costs is compiled for the period from the date of calling of elections until the date of publishing final election results. The report on election campaign costs is published on the website of the Agency. The content of the report on election campaign costs is specified by the director of the Agency. The act referred to in paragraph 5 of this Article, the director of the Agency shall adopt within the time limit which ensures the act to come into force no later than five days after the announcement of the elections. The amendments and additions of the act referred to in paragraph 5 of this Article cannot be made during the course of the election campaign."

Source: Articles 28 and 29, Law on financing political activities, 2014 consolidated text

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Source

"It is prohibited to finance a political entity by foreign states; foreign natural persons and legal entities, except international political associations; anonymous donors, public institutions, public enterprises, companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; trade unions, associations and other non-profit organizations, churches and religious communities; gaming industry; importers, exporters and manufacturers of excise goods, legal entities and entrepreneurs with due, and unsettled, public revenue obligations, unless set forth otherwise by this Law."

Source: Articles 12, Law on financing political activities, 2014 consolidated text

 

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

"A political entity participating in election campaign is required to submit to the Agency a report on election campaign costs within 30 days from the date of publication of final election results. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. The report on election campaign costs is compiled for the period from the date of calling of elections until the date of publishing final election results. The report on election campaign costs is published on the website of the Agency. The content of the report on election campaign costs is specified by the director of the Agency. The act referred to in paragraph 5 of this Article, the director of the Agency shall adopt within the time limit which ensures the act to come into force no later than five days after the announcement of the elections.8 The amendments and additions of the act referred to in paragraph 5 of this Article cannot be made during the course of the election campaign."

Source: Article 29, Law on financing political activities, 2014 consolidated text

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

"A political entity participating in election campaign is required to submit to the Agency a report on election campaign costs within 30 days from the date of publication of final election results. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. The report on election campaign costs is compiled for the period from the date of calling of elections until the date of publishing final election results. The report on election campaign costs is published on the website of the Agency. The content of the report on election campaign costs is specified by the director of the Agency. The act referred to in paragraph 5 of this Article, the director of the Agency shall adopt within the time limit which ensures the act to come into force no later than five days after the announcement of the elections.8 The amendments and additions of the act referred to in paragraph 5 of this Article cannot be made during the course of the election campaign."

Source: Articles 29, Law on financing political activities, 2014 consolidated text

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
Special agency for political finance
Comment

Anti-corruption Agency

Source

"A political entity with representatives in representative bodies and registered political parties are required to keep bookkeeping records of all revenues and expenditures. Bookkeeping is done by origin, amount and structure of revenues and expenditures, in accordance with regulations governing accounting and audit. Bookkeeping records of revenues and expenditures of political entities referred to in paragraph 1 of this Article are subject to annual control of relevant authorities. A political entity with representatives in representative bodies and registered political parties are required to keep separate records of donations, gifts and services extended without compensation, and/or under conditions deviating from market conditions and records of property. The content and manner of keeping records specified in paragraphs 4 of this Article is specified by the Director of the Anti-corruption Agency (hereinafter "the Agency")."

Source: Article 27, Law on financing political activities, 2014 consolidated text

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
  • Auditing agency
  • Special agency for political finance
Comment

Anti-corruption Agency and State Audit Institution

Source

"The Agency may, after conducting control of financial reports of a political entity, forward a request to the State Audit Institution to audit these reports, in accordance with the law governing competencies of the State Audit Institution."

Source: Article 34, Law on financing political activities, 2014 consolidated text

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
Source

"Within the purview defined under this Law, the Agency has the right of direct and free access to bookkeeping records and documentation and financial reports of a political entity and to engage relevant experts and institutions. The Agency is also entitled to direct and free access to bookkeeping records and documents of an endowment or foundation founded by a political party. A political entity shall at the Agency's request and within the time frame set by the Agency which may not exceed 15 days, submit to the Agency all documents and information necessary to the Agency to carry out tasks from its purview set forth under this Law. In the course of election campaign, a political entity is required upon the request of and within the time frame set by the Agency, which may not exceed three days, to submit information necessary to the Agency to carry out tasks from its purview set forth under this Law. Organs of the Republic of Serbia, autonomous province and local government, banks, as well as natural persons and legal entities financing political entities performing for and/or on their behalf particular services, are required to forward to the Agency at its request all data required by the Agency to discharge duties from its purview set forth under this Law. The obligation to provide information from para 4 of this Article supersedes any other restriction or limitation that may appear in any other regulation."

"The Agency may, after conducting control of financial reports of a political entity, forward a request to the State Audit Institution to audit these reports, in accordance with the law governing competencies of the State Audit Institution."

"The Agency issues a warning measure to a political entity in case it identifies during control deficiencies that may be corrected. If the political entity fails to act upon the measure before the deadline specified in the Agency's decision expires, the Agency shall initiate misdemeanour proceedings."

Source: Articles 32, 34, 37, Law on financing political activities, 2014 consolidated text

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Forfeiture
  • Loss of public funding
Source

"Whoever gives, and/or provides for and on behalf of the political entity, funds for financing of the political entity contrary to the provisions of this Law with intent to conceal the source of financing or amount of collected funds of the political entity, shall be punished with imprisonment from three months to three years. If the offence referred to in para 1 involved giving or receiving more than one million and five hundred thousand dinars, the offender shall be punished with imprisonment from six months to five years. Whoever commits violence or threatens violence, places in disadvantageous position or denies a right or interest based on law to a natural person or legal entity based on giving donation to a political entity, shall be punished by imprisonment of three months to three years. Funds referred in paragraphs 1 and 2 of this Article shall be confiscated."

"A political party shall be fined from 200,000 to 2,000,000 RSD for a misdemeanour if it:

1) Receives funds contrary to Article 8 paragraph 3 hereof; 2) Fails to publish donations in accordance with Article 10 paragraphs 3 and 4 hereof; 3) Acts contrary to Article 11 hereof; 4) Acts contrary to prohibition specified in Article 12 paragraph 3 hereof; 5) Acts contrary to prohibition specified in Article 13 hereof; 6) Acquires income contrary to Article 14 hereof; 7) Fails to remit funds in accordance with Article 15 hereof; 8) Opens multiple accounts contrary to Article 18 hereof; 9) Uses funds contrary to Articles 19 and 23 and Article 24 paragraphs 3 and 4 hereof; 10) Fails to open a separate account for financing of electoral campaigns pursuant to Article 24 hereof; 11) Fails to keep records pursuant to Article 27 hereof; 12) Fails to submit the annual statement pursuant to Article 28 paragraph 1 hereof; 13) Fails to publish the financial statement on its website10 within the time frame set forth in Article 28 paragraph 2 hereof; 14) Fails to submit the report on electoral campaign costs pursuant to Article 29 hereof; 15) Acts contrary to Article 30 hereof; 16) Fails to appoint the authorized person, fails to report change in authorized person or notify the Agency thereof, in accordance with Article 31 paragraphs 3 and 4 hereof; 17) Fails to provide access to the Agency pursuant to Article 32 paragraph 1 hereof; 18) Fails to submit to the Agency documents, information and data pursuant to Article 32 paragraphs 2 and 3 hereof; 19)Fails to act in accordance to the pronounced warning measure (Article 37 paragraph 2). The responsible person of a political party or other political entity shall also be fined from 50,000 to 150,000 RSD for offences specified in paragraph 1 of this Article. Funds obtained through commission of misdemeanours specified in paragraph 1 items 1), 3) through 7), 9) and 15) of this Article shall be confiscated."

"In case of conviction for a criminal offence specified in Article 38 hereof or if a political party or responsible person of a political entity is fined for misdemeanour specified in Article 39 hereof, the political entity shall lose the right to funds from public sources dedicated for financing of the political entity in the amount set forth pursuant to paragraphs 2 and 4 of this Article."

Source: Articles 38, 39, 42, Law on financing political activities, 2014 consolidated text

 

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