Albania
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Ndalohet ndihma financiare dhe materiale nga qeveri dhe nga ente publike ose private të huaja, si dhe nga ente vendase publike ose me pjesëmarrje të kapitalit shtetëror. Lejohen dhuratat dhe ndihmat që vijnë nga parti ose bashkime ndërkombëtare partish, nga organizata e fondacione politike, vendase e të huaja, si dhe nga individë, persona fizikë e juridikë privatë vendas. Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital. Gifts and assistance that come from a party or international union of parties, from political foundations and organizations, Albanian and foreign, and from individuals who are Albanian private natural and juridical persons is permitted. Electoral subjects and their candidates may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this law, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person. Source
Article 21, Law on Political Parties, updated 2020; Article 92/1, The Electoral Code of the Republic of Albania,2020 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Electoral subjects and their candidates may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this law, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person. Source
Article 21, Law on Political Parties, updated 2020; Article 92/1, The Electoral Code of the Republic of Albania,2021 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Electoral subjects and their candidates may receive funds for the purposes of their electoral campaigns only from domestic natural or legal persons. For the purposes of this law, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic natural person. Source
Article 21, Law on Political Parties, updated 2020; Article 92/1, The Electoral Code of the Republic of Albania,2020 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Ndalohet ndihma financiare dhe materiale nga qeveri dhe nga ente publike ose private të huaja, si dhe nga ente vendase publike ose me pjesëmarrje të kapitalit shtetëror. Lejohen dhuratat dhe ndihmat që vijnë nga parti ose bashkime ndërkombëtare partish, nga organizata e fondacione politike, vendase e të huaja, si dhe nga individë, persona fizikë e juridikë privatë vendas. Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital. Gifts and assistance that come from a party or international union of parties, from political foundations and organizations, Albanian and foreign, and from individuals who are Albanian private natural and juridical persons is permitted. Source
Article 21, Law on Political Parties, updated 2020 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Source
Article 21, Law on Political Parties, updated 2020 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Source
Article 21, Law on Political Parties, updated 2020 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Ndalohet përfitimi i fondeve jopublike, kryer nga subjekte që nuk deklarojnë identitetin e tyre apo identiteti i të cilave është i papërcaktuar qartë nga partia politike përfituese e fondit jopublik. Receiving non-public funds donated by entities which fail to declare their identity, or whose identity is not clearly identified by the political party that is the beneficiary of the non-public fund, shall be prohibited. Every electoral subject must record in a designated register, whose template is approved by a CEC decision, the amount of funds benefited by every natural or legal person and other data related to the clear identification of the donor, lender, or creditor. Upon donation, the donor shall sign a declaration stating they are not in any of the circumstances provided for in Article 92/1 of this law and that they hold personal liability for false declaration. The form and content of the declaration shall be approved by the CEC and shall be mandatory to be signed in any case of donation. Source
Article 23/1 Point 3, Law on Political Parties, updated 2020; Article 92/2 Point 1, The Electoral Code of the Republic of Albania, 2020 |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Every electoral subject must record in a designated register, whose template is approved by a CEC decision, the amount of funds benefited by every natural or legal person and other data related to the clear identification of the donor, lender, or creditor. Upon donation, the donor shall sign a declaration stating they are not in any of the circumstances provided for in Article 92/1 of this law and that they hold personal liability for false declaration. The form and content of the declaration shall be approved by the CEC and shall be mandatory to be signed in any case of donation. Source
Article 23/1 Point 3, Law on Political Parties, updated 2020; Article 92/2 Point 1, The Electoral Code of the Republic of Albania, 2020 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions apply: Source
Article 92/1, The Electoral Code, 2020 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions apply: Source
Article 92/1, The Electoral Code, 2020 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Ndalohet ndihma financiare dhe materiale nga qeveri dhe nga ente publike ose private të huaja, si dhe nga ente vendase publike ose me pjesëmarrje të kapitalit shtetëror. Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital. Source
Article 21, Law on Political Parties, updated 2020 |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Ndalohet ndihma financiare dhe materiale nga qeveri dhe nga ente publike ose private të huaja, si dhe nga ente vendase publike ose me pjesëmarrje të kapitalit shtetëror. Financial assistance and materials from foreign public or private entities and from government is prohibited, or from Albanian public entities or those with the participation of state capital.
Source
Article 21, Law on Political Parties, updated 2020 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Except when otherwise provided by law, resources of central or local public bodies or entities, or of any other type of entity in which the state holds capital or shares or/and appoints the majority of the supervisory or administrative body of the entity, regardless of the source of the capital or ownership, may not be used or made available to support candidates, political parties, or coalitions in elections. Source
Article 91, The Electoral Code of the Republic of Albania, 2020 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Comment
Limit applies to election campaigns, there does not appear to be a mention of donations outside of it. |
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
Not applicable
|
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
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate. Source
Article 92/1, The Electoral Code, 2020 |
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
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate.
Source
Article 92/1, The Electoral Code, 2020 |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate. Source
Article 92/1, The Electoral Code, 2020 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate.
Source
Article 92/1, The Electoral Code, 2020 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
No specification in the Law regarding the own money of candidates. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate. Source
Article 92/1, The Electoral Code, 2020 |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
The amount that each natural or legal person may give to an electoral subject, including its candidates, may not be larger than ALL 1 million or the equivalent value in kind or services. The amount in the first sentence shall be indexed by the CEC each five years against the inflation rate. Source
Article 92/1, The Electoral Code, 2020 |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
Electoral subjects and their candidates shall be forbidden to organise, conduct, or cover expenditures, themselves or through third parties, for concerts, cultural and entertaining shows, or charity activities, regardless of whether they are organised during or in relation to electoral rallies, or as campaign activities or activities outside of the campaign; “The creation by political parties of commercial and non-commercial juridical persons that exercise activity with the purpose of profit is prohibited.” Source
Article 78 Point 9, The Electoral Code, 2020; Article 20, Law on Political parties |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Burimet financiare dhe materiale të partive politike përbëhen nga kuotat e anëtarësisë, nga fondet The financial sources and materials of the political parties consist of Source
Article 17, The Law on Political Parties, updated 2020 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Burimet financiare dhe materiale të partive politike përbëhen nga kuotat e anëtarësisë, nga fondet publike, duke përfshirë edhe ndihmën financiare në masën e caktuar në Buxhetin e Shtetit të miratuar me ligj nga Kuvendi, fondet jopublike, të cilat janë dhurimet financiare, dhurimet në natyrë, shërbimet, sponsorizimet, kreditë apo garancitë e ndryshme, si edhe çdo transaksion tjetër financiar. The financial sources and materials of the political parties consist of Source
Article 17, The Law on Political Parties, updated 2020 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
Yes
Comment
Donation of funds by a legal person or any of its shareholders is prohibited if one of the following conditions apply: Source
Article 92/1, The Electoral Code, 2020 |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Donation of non-public funds over 50 thousand ALL must be made only in a designated bank account opened by the electoral subject. The accounts shall be declared upon registration under Article 64 of this law. The declaration form shall also include the authorisation for CEC and its assignees to obtain data on all account transactions. Source
Article 92/2, The Electoral Code, 2020 |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
Political parties participating in elections, which obtained not less than 1% of votes at a national level in the last elections of the same type, shall benefit State budget funds based on the number of votes that each party received in those elections. Funds for this purpose shall be defined in an Assembly decision and comprise a separate budget item in the State Budget of the corresponding electoral year. This fund may not be less than the total amounts distributed to political parties in the previous elections. Çdo vit në Buxhetin e Shtetit përcaktohet një fond që shërben si ndihmë financiare publike për kryerjen e veprimtarisë vjetore të partive politike. Ndihma financiare e parashikuar në Buxhetin e Shtetit në vitet jozgjedhore, si rregull, nuk mund të jetë më e vogël se ndihma e parashikuar në vitin paraardhës. Source
Article 88, The Electoral Code, 2020; Article 19, The Law on Political Parties, 2020 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Political parties participating in elections, which obtained not less than 1% of votes at a national level in the last elections of the same type, shall benefit State budget funds based on the number of votes that each party received in those elections. Funds for this purpose shall be defined in an Assembly decision and comprise a separate budget item in the State Budget of the corresponding electoral year. This fund may not be less than the total amounts distributed to political parties in the previous elections. Funds are divided as follows: a) 70 percent, according to the number of deputies won in the last parliamentary elections. Any party Parliamentary receives financial assistance in accordance with the number of deputies it has won on the basis of the electoral system provided for in the Electoral Code; In addition, under art. 89 other parties that did not receive funds under art. 88 are entitled to get expenses reimbursed if they receive over 1% of votes in the upcoming elections. Source
Article 88 and 89, The Electoral Code, 2020; Article 19, The Law on Political Parties, 2020 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Flat rate by votes received
Proportional to seats received
Share of expenses reimbursed
Comment
Ky fond ndahet sipas rregullave të mëposhtme: The fund shall be divided according to the following rules: In addition, under art. 89 other parties that did not receive funds under art. 88 are entitled to get expenses reimbursed if they receive over 1% of votes in the upcoming elections. Source
Article 89, The Electoral Code, 2020; Article 19, The Law on Political Parties, 2020 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Campaign spending
Comment
The fund earmarked to be distributed under this Article shall be given to each party no later than 5 days from the registration of the multi-name lists or candidates for mayor of local government units of the relevant party. Political parties that benefit funds from the State Budget and CEC, prior to the distribution of the fund, shall sign an agreement in which the political parties acknowledge to accept the fund, use it in compliance with all conditions and obligations laid down in this law, accept monitoring of expenditures Source
Article 88, The Electoral Code, 2020 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Shteti lehtëson veprimtarinë e partive politike. Lehtësimi nga shteti i veprimtarisë së partiven politike përfshin fushat si vijon: The state facilitates the activity of political parties. The facilitation by the state of the activity of political parties includes the following fields: Source
Article 22, Law on Political Parties, 2020; Article 80, The Electoral Code, 2020 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Share of seats
Comment
A total of two hours shall be provided to the CEC, according to the time slots it requests. At least two-thirds of this time must be between 1800 and 2200; Source
Article 80, The Electoral Code, 2020 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Private radio and television broadcasters shall provide extra airtime for the advertisements of non-parliamentary parties and candidates proposed by the voters, in addition to the airtime applied in accordance with point 5 of this Article. The airtime for the advertisements of each non-parliamentary party and candidates proposed by voters shall not exceed 10 minutes for the entire electoral campaign. Source
Article 84/9, The Electoral Code 2020 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
“the state facilities the activity of political parties”. The same article (b) mentions that this includes obtaining premises (headquarters) for central and local offices. This could be seen as another form of indirect public funding. Source
Article 22, Law on Political Parties, 2020 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Source
"Failure by the electoral subject to comply with the obligations specified in point 6 of article 67 of this Code regarding the composition of the list, is punishable by the CEC with a fine of ALL 1,000,000 as well as the additional sanction, in accordance with point 2 of this article, in the case of elections to the Assembly, and with refusal of the political party’s list of the candidates for municipal councils for elections for local government bodies. "A gender quota applies to each candidate list as a means to redress the political underrepresentation of women.48 It requires at least one woman and one man among the top three positions and at least 30 per cent of candidates of each gender in each district list. The CEC imposed sanctions of ALL 1 million against the SMI and SP for not respecting the gender quota in Tirana and Berat districts respectively. However, the CEC did not sanction the DP for failing to respect the quota in all 12 districts of the country, undermining the value of the measure to promote women candidates and the necessity for parties to compete on an equal basis, at odds with OSCE commitments.49 The law does not allow to deny registration of a party if the quota is not respected". Source : OSCE/ODIHR ( 2017) Republic of Albania, Parliamentary Elections, 25 June 2017. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw. "Equal gender participation and representation in all legislative, executive, judicial power bodies as well as in other public institutions shall be achieved when:
ç. A participation of not less than 30% of each sex in the candidates’ list presented by the political parties for the proportional system for the general Assembly elections is ensured.
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Ofrimi ose dhënia e të hollave, të mirave materiale, premtimi për vend pune ose favorizime të tjera në cilëndo formë, për zgjedhësin ose persona të tjerë të lidhur me të, me qëllim marrjen e firmës për paraqitjen e një kandidati në zgjedhje, për të votuar në një mënyrë të caktuar, për të marrë pjesë ose jo në votime, ose për t’u angazhuar në veprimtari të paligjshme për mbështetjen e një kandidati ose partie politike, përbën vepër penale dhe dënohet me burgim nga një vit deri në pesë vjet. Offering or giving money or material goods, making promises for employment or other favours in any form, in contradiction with the law, for the voter or other persons in order to get signatures to field a candidate in elections, to vote in a certain way, to participate Source
Article 328, Criminal Code of the Republic of Albania, 2017 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The total expenditures made by an electoral subject, including its candidates, for an electoral campaign must not exceed 3 times the highest amount that an electoral subject has received from public funds for electoral purposes, in accordance with Article 88 of this Law. Any electoral campaign expenditure shall be documented and implemented in compliance with the effective fiscal legislation. For the purpose of this Law, “campaign expenditure” shall mean any expenditure made by a party or its candidates for electoral campaign purposes, regardless of the date it is made. Source
Article 92/2, The Electoral Code, 2020 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
The total expenditures made by an electoral subject, including its candidates, for an electoral campaign must not exceed 3 times the highest amount that an electoral subject has received from public funds for electoral purposes, in accordance with Article 88 of this Law. Any electoral campaign expenditure shall be documented and implemented in compliance with the effective fiscal legislation. For the purpose of this Law, “campaign expenditure” shall mean any expenditure made by a party or its candidates for electoral campaign purposes, regardless of the date it is made.
Source
Article 92/2, The Electoral Code, 2020 |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Obligations provided for in this Article shall also apply to candidates proposed by voters, registered in accordance with Articles 69 and 70 of this law. The total expenditures a candidate proposed by the voters may make must not exceed 50% of the highest amount that an electoral subject has obtained from public funds, in accordance with Article 88 of this law,´. Source
Article 92/2, The Electoral Code, 2020 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Obligations provided for in this Article shall also apply to candidates proposed by voters, registered in accordance with Articles 69 and 70 of this law. The total expenditures a candidate proposed by the voters may make must not exceed 50% of the highest amount that an electoral subject has obtained from public funds, in accordance with Article 88 of this law; The total expenditures made by an electoral subject, including its candidates, for an electoral campaign must not exceed 3 times the highest amount that an electoral subject has received from public funds for electoral purposes, in accordance with Article 88 of this Law. Any electoral campaign expenditure shall be documented and implemented in compliance with the effective fiscal legislation. For the purpose of this Law, “campaign expenditure” shall mean any expenditure made by a party or its candidates for electoral campaign purposes, regardless of the date it is made.
Source
Article 92/2, The Electoral Code, 2020 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
Third parties are currently not regulated in Albania.
Source
https://www.osce.org/files/f/documents/d/d/553972.pdf pg. 16 ´The 2020 amendments partly addressed a prior ODIHR recommendation by expanding the CEC’s right to directly verify campaign incomes and expenditures, but recommendations on interim finance reporting and regulation of third-party campaign financing remain unaddressed.´ |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Yes, for third parties
Comment
Only electoral subjects registered for elections shall have the right to broadcast political advertisements during the electoral period on private radio, television, or audiovisual media, be they digital, cable, analogue, satellite or any other form or method of signal broadcast. Political advertisements of electoral coalitions shall be calculated within the airtime of the political parties that are members of the coalition, according to an individual agreement between each party and the radio-television broadcaster. Political advertisement must clearly identify the commissioning entity. In the event the political advertisement is not clearly identified, the CEC shall order the immediate suspension of its broadcast until its identification is made as required by this point. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
The definition in Art 84 of the Electoral Code refers to advertising via 'signal broadcasts'. As such it does not include social media advertising. Source
Article 84, The Electoral Code, 2020 |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Partitë politike dorëzojnë raportet financiare një herë në vit pranë Komisionit Qendror të Zgjedhjeve, të cilat duhet të përmbajnë informacion të hollësishëm për:
Political parties shall submit financial reports to the Central Election Commission oncem per annum. Source
Article 23, Law on Political Parties, 2020 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Electoral subjects shall be obliged to submit an electoral campaign financial report to the CEC within 60 days from the announcement of the election result. Source
Article 92/3, The Electoral Code, 2020 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Electoral subjects shall be obliged to submit an electoral campaign financial report to the CEC within 60 days from the announcement of the election result. Source
Article 92/3, The Electoral Code, 2020 |
50. Do third parties have to report on election campaign finances? |
Code
No
Comment
Third parties are currently not regulated in Albania Source
Article 92/1, The Electoral Code, 2020 https://www.osce.org/files/f/documents/d/d/553972.pdf Pg.6, Pg. 16, ODIHR Electoral Observation Mission Final Report 2023 https://www.osce.org/files/f/documents/5/7/477547_0.pdf
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The CEC shall publish the audit reports for electoral subjects no later than 30 days from the date the report is submitted, or depending on the case, from the date the respective verifications are completed. Burimet financiare të partive, si dhe shpenzimet e tyre bëhen kurdoherë publike. Financial sources of political parties and their expenditures shall be made public. Source
Article 92/6, The Electoral Code, 2020 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No
Comment
No later than 5 days after the announcement of the final election result, for every political party registered as electoral subject, or for candidates proposed by the voters, the CEC shall appoint by lot one or more certified accounting experts, selected in accordance with Article 92/7 of this law, to perform an audit of the funds received and spent for the electoral campaign. The audit report shall be submitted to the CEC by the deadline provided for in the appointment decision. The report may not include personal data of donors under the value provided for in points 2 and 3 of Article 92/2 of this law. Source
Article 92/6, The Electoral Code, 2020; The Constitution of Republic of Albania, updated 2020. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Every political party participating in elections shall keep and maintain in its archives, for a period of 7 years, complete and detailed documentation of its financial standing and of all its branches for the period covered by this report, including: a) accounting books, kept in line with the legislation in force, indicating all the income by source and amount, identifying how the payment was made, as well as all payments made to third persons, the purpose of payments, and how each payment has been effectuated; b) documentation of all expenditures made; c) state and transactions in its bank account; ç) complete documentation of immovable properties owned by the political party, as well as any contract concluded for hiring, renting, commissioning, or sale of movable and immovable properties; d) register of donors, lenders, and creditors according to the template determined in point 1 of Article 92/2
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Every political party participating in elections shall keep and maintain in its archives, for a period of 7 years, complete and detailed documentation of its financial standing and of all its branches for the period covered by this report, including: a) accounting books, kept in line with the legislation in force, indicating all the income by source and amount, identifying how the payment was made, as well as all payments made to third persons, the purpose of payments, and how each payment has been effectuated; b) documentation of all expenditures made; c) state and transactions in its bank account; ç) complete documentation of immovable properties owned by the political party, as well as any contract concluded for hiring, renting, commissioning, or sale of movable and immovable properties; d) register of donors, lenders, and creditors according to the template determined in point 1 of Article 92/2
Source
Article 92/3, The Electoral Code, 2020 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
Electoral subjects shall be obliged to submit an electoral campaign financial report to the CEC within 60 days from the announcement of the election result. 2. Financial reports shall be designed according to templates approved by the CEC
Source
Article 92/3, The Electoral Code, 2020 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
No later than 5 days after the announcement of the final election result, for every political party registered as electoral subject, or for candidates proposed by the voters, the CEC shall appoint by lot one or more certified accounting experts, selected in accordance with Article 92/7 of this law, to perform an audit of the funds received and spent for the electoral campaign. The audit report shall be submitted to the CEC by the deadline provided for in the appointment decision. The report may not include personal data of donors under the value provided for in points 2 and 3 of Article 92/2 of this law
Source
Article 92/6, The Electoral Code, 2020 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Comment
The CEC shall have the right to directly verify electoral campaign income and expenditures of any political party registered as an electoral subject, or candidates proposed by voters, the audit report in accordance with point 1 of this Article, as well as any other information relevant to the subject matter that it becomes aware of. For the purpose of this Article, CEC shall have the right to request data, documents, or information from electoral subjects or third parties, who must respond to the CEC request within 15 days from its receipt. Failure to cooperate or refusal to cooperate, destruction of documents, delays or inappropriate behaviour during the verification process conducted by the CEC, shall be reported to the prosecutor’s office as a criminal offense, in accordance with Article 248 of the Criminal Code, and shall be administratively sanctioned by the CEC in compliance with Article 173 of this law Source
Article 92/6, The Electoral Code, 2020 |
58. What sanctions are provided for political finance infractions? |
Code
Comment
A violation of the provisions on electoral campaign financing by the person in charge of the finances of a political party shall be punishable by a fine of ALL 100,000 to 200,000. 2. Obstructing or failure of the electoral subject to cooperate with the CEC auditor shall be punishable by a fine of ALL 2,000,000 to 3,000,000, and suspension of the public financing of the political party for up to 5 years. The same violation committed towards the CEC monitor shall be punishable by a fine of ALL 50,000 to 100,000. 3. Failure to submit a campaign financial report within the legal time-limit shall be punishable by a fine of ALL 2,000,000. Submission of reports in breach of rules and standardized formats approved by the CEC shall be punishable by a fine of ALL 500,000 to 1,000,000. 4. Non-public funds obtained by a political party, whose donor`s identity is not known or is not clearly defined, shall be transferred to the account of the CEC. Failure to do so shall result in forfeiture of the funds obtained and a fine equal to the amount of the funds obtained. 5. Acceptance of private funds worth more than ALL 50,000 through forms other than transfer to the bank account shall be punishable by a fine equal to the amount donated and forfeiture of the funds received to the CEC. 6. Acceptance of funds from prohibited donors, as specified in point 3 of Article 92/1, shall be punishable by forfeiture of the funds received to the CEC, and a fine of up to twice the amount of the funds received. 7. Violation of stipulations made in Article 92/2 of this Law by donors shall be punishable by a fine of up to 30 percent of the donated amount. 8. Failure or refusal to cooperate, destruction of documents, delays or inappropriate conduct during the CEC verification process pursuant to point 6 of Article 92/6, shall be punishable by the CEC by a fine of ALL 100,000 up to ALL 3,000,000. 9. Violation of the maximum limit of expenses by an electoral subject shall be punishable by a fine of ALL 5,000,000 or a fine equal to the amount which exceeded the limit, whichever is higher. 10. The filed complaint shall not suspend the execution of the decision imposing a fine under this Article. The fine imposed by the CEC shall constitute an executive title and shall be executed within 30 days from the served notice
Source
Article 173, The Electoral Code, 2020 |