Georgia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
There is a ban. Source
Article 26 1. Donations may not be accepted from: |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
The Organic Law of Georgia on Political Associations of Citizens (1997) imposes general rules on political donations, which apply to both political parties and candidates, except for the cases set out directly in this Law. Source
Article 26 1. Donations may not be accepted from: |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
According to Georgian legislation regarding corporate donations, a donor could be only a corporation registered within Georgia, with partners and beneficiaries exclusively being Georgian citizens. However, certain entities are prohibited from making donations, including state bodies, state organizations, legal entities under public law, and state-owned enterprises. Additionally, non-entrepreneurial legal entities (non-profit organizations) and religious organizations are restricted from donating, except for organizing certain public activities such as lectures and workshops. Furthermore, a legal entity cannot be a donor if 15% of its actual annual revenue from the previous calendar year or the election year up to Election Day is derived from simplified state procurements for its benefit or for an enterprise established with its participation. Source
Article 25: Article 26: Article 27: |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
According to Georgian legislation regarding corporate donations, a donor could be only a corporation registered within Georgia, with partners and beneficiaries exclusively being Georgian citizens. However, certain entities are prohibited from making donations, including state bodies, state organizations, legal entities under public law, and state-owned enterprises. Additionally, non-entrepreneurial legal entities (non-profit organizations) and religious organizations are restricted from donating, except for organizing certain public activities such as lectures and workshops. Furthermore, a legal entity cannot be a donor if 15% of its actual annual revenue from the previous calendar year or the election year up to Election Day is derived from simplified state procurements for its benefit or for an enterprise established with its participation. Source
Aticle 25: Article 26: Article 27: |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
As per Georgian law, Trade Unions are assigned non-commercial legal status, and non-commercial legal entities are prohibited from making political donations. Source
Article 2: Article 26: |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
As per Georgian law, Trade Unions are assigned non-commercial legal status, and non-commercial legal entities are prohibited from making political donations. Source
Article 2: Article 26: |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
There is a ban. Source
Article 26: |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
There is a ban. Source
Article 26: |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
In accordance with Georgian law, corporations with government contracts are generally permitted to make political donations. However, there is a specific exception outlined in the legislation. A donor, which is a legal entity, cannot contribute if 15% or more of its actual annual revenue from the previous calendar year or the election year (up to Election Day) is derived from simplified state procurements. This restriction applies to procurements conducted for the donor's benefit or for the benefit of an enterprise established with its participation. Source
Article 27: |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
In according to law, corporations with government contracts are generally permitted to make political donations. However, there is a specific exception outlined in the legislation. A donor, which is a legal entity, cannot contribute if 15% or more of its actual annual revenue from the previous calendar year or the election year (up to Election Day) is derived from simplified state procurements. This restriction applies to procurements conducted for the donor's benefit or for the benefit of an enterprise established with its participation. Source
Article 27: |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
There is a ban. Source
Article 26: |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
There is a ban. Source
Article 26: |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
The Election Code of Georgia prohibits the use of administrative resources during election campaigns. Individuals with the right to participate in canvassing are restricted from using state premises, communication tools, and transportation for supporting or opposing political entities. This includes a ban on using facilities occupied by government bodies or organizations funded by the State Budget if others can't access similar spaces. The prohibition extends to means of communication and transportation owned by state entities. Additionally, employees of budgetary organizations are prohibited from assembling for official matters during the campaign period. Source
Article 48: |
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
Comment
There are limits. Source
Article 27: |
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
Other (explain in comments in local currency)
Comment
Natural Persons GEL 60,000. Legal Persons GEL 120,000 per year. Source
Article 27: |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No, but limits for regular periods apply to campaign periods
Source
Article 27: |
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
Other (explain in comments in local currency)
Comment
Natural Persons GEL 60,000. Legal Persons GEL 120,000 per year. Source
The total amount of donations received by a party from each citizen may not exceed GEL 60,000 per year and the total amount of donations received from each legal person may not exceed GEL 120,000 per year. The annual amount of the membership fees paid by each member of a party may not exceed GEL 1,200. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Even though Article 27 (1) of the Organic Law of Georgia on Political Associations of Citizens (1997) specifically refers to "donations received by a party," the standard practice extends this regulation to candidates as well. In essence, the rules governing candidates often mirror those already in place for political parties, though the legislative clarity on this matter may not be consistent. Despite any potential ambiguity in the law, applying these principles to both parties and candidates is widely accepted and uncontested. Source
Article 27: |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
Natural Persons GEL 60,000. Legal Persons GEL 120,000 per year. Source
Article 27: |
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
Even though Article 25 (1) of the Organic Law of Georgia on Political Associations of Citizens (1997) specifically refers to "The property of the party," the standard practice extends this regulation to candidates as well. In essence, the rules governing candidates often mirror those already in place for political parties, though the legislative clarity on this matter may not be consistent. Despite any potential ambiguity in the law, applying these principles to both parties and candidates is widely accepted and uncontested. Source
Article 25: |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
According to Georgian legislation, in-kind contributions are permitted. The rules and regulations about the donations also apply to the in-kind contributions. Source
Article 25: |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
According to Georgian legislation, in-kind contributions are permitted. The rules and regulations about the donations also apply to the in-kind contributions. Even though Article 25 (2, c) of the Organic Law of Georgia on Political Associations of Citizens (1997) specifically refers to "assets received by a party," the standard practice extends this regulation to candidates as well. In essence, the rules governing candidates often mirror those already in place for political parties, though the legislative clarity on this matter may not be consistent. Despite any potential ambiguity in the law, applying these principles to both parties and candidates is widely accepted and uncontested. Source
Article 25: |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
Political Parties or candidates can only derive financial income from the following sources: 1) membership fees; 2) donations; 3) amounts allocated by the state as per legal provisions; 4) annual income generated from activities such as designing and distributing symbols, organizing lectures, exhibitions, and other public events, as well as from publishing and other pursuits aligned with statutory objectives—this income must not surpass twice the basic minimum funding; and 5) a loan solely from commercial banks in Georgia, with a total limit not exceeding GEL 1 million within a calendar year. Source
Article 25: A party may take a loan only from commercial banks operating in Georgia, which shall not exceed GEL 1 million in total over a calendar year. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Article 25: |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Even though Article 25 (5) of the Organic Law of Georgia on Political Associations of Citizens (1997) specifically refers to party, the standard practice extends this regulation to candidates as well. In essence, the rules governing candidates often mirror those already in place for political parties, though the legislative clarity on this matter may not be consistent. Despite any potential ambiguity in the law, applying these principles to both parties and candidates is widely accepted and uncontested. Source
Article 25: |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
In according to law, corporations with government contracts are generally permitted to make political donations. However, there is a specific exception outlined in the legislation. A donor, which is a legal entity, cannot contribute if 15% or more of its actual annual revenue from the previous calendar year or the election year (up to Election Day) is derived from simplified state procurements. This restriction applies to procurements conducted for the donor's benefit or for the benefit of an enterprise established with its participation. Source
Article 27: |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
There are provisions. Source
Article 27: |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
Article 30: Funds are allocated annually from the state budget to provide financial support to political parties in their activities and promote the party system’s development. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Share of votes in previous election
Source
მუხლი 30 A political party, that received at least 1% of the real votes in the last parliamentary elections of Georgia, receives public funding from the state budget. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Source
მუხლი 30 A political party will receive from the state budget GEL 15 for each of the first 50,000 real votes and GEL 5 for each of the subsequent real votes. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
There are no provisions. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
As per the law, Public Broadcasters are required to dedicate a minimum of 5 minutes per hour, free of charge, for pre-election advertisements during the election campaign. They must broadcast the ads submitted by each qualified electoral subject with fairness and without discrimination. However, the time allocated to a qualified electoral subject should not exceed 90 seconds. For other national broadcasters, they are obligated to allocate at least 7.5 minutes every three hours for the free broadcast of pre-election advertisements. Source
Article 186: During the election campaign in its respective coverage area, the Public Broadcaster carrying out general broadcasting shall allot, from the 50th day before the Election Day, in every three hours no less than 7.5 minutes to broadcast free of charge, the pre-election advertisements, and broadcast on the basis of equality and without discrimination, the pre-election advertisements submitted to it by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
Parties and election blocs surpassing the electoral threshold defined by the Constitution of Georgia in the recent parliamentary elections shall receive an equal allocation of free airtime. The threshold set in 2020's elections, where 1% of voters. Source
Article 186: |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
As per the law, Public Broadcasters are required to dedicate a minimum of 5 minutes per hour, free of charge, for pre-election advertisements during the election campaign. They must broadcast the ads submitted by each qualified electoral subject with fairness and without discrimination. However, the time allocated to a qualified electoral subject should not exceed 90 seconds. For other national broadcasters, they are obligated to allocate at least 7.5 minutes every three hours for the free broadcast of pre-election advertisements. Even though Article 27 (1) of the Organic Law of Georgia on Political Associations of Citizens (1997) specifically refers to "donations received by a party," the standard practice extends this regulation to candidates as well. In essence, the rules governing candidates often mirror those already in place for political parties, though the legislative clarity on this matter may not be consistent. Despite any potential ambiguity in the law, applying these principles to both parties and candidates is widely accepted and uncontested. Source
During the election campaign in their respective coverage areas, the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and any community broadcaster shall allot, from the 50th day before the Election Day, in every hour five minutes to broadcast free of charge, the pre-election advertisements, and every 3 hours broadcast free of charge and without discrimination, the pre-election advertisements submitted to them by each qualified electoral subject , on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject. During the election campaign in its respective coverage area, the Public Broadcaster carrying out general broadcasting shall allot, from the 50th day before the Election Day, in every three hours no less than 7.5 minutes to broadcast free of charge, the pre-election advertisements, and broadcast on the basis of equality and without discrimination, the pre-election advertisements submitted to it by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject. |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
There are no provisions. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Organic law about political associations of citizens
Comment
1. A party which, based on the parliamentary elections held before 2028, receives budgetary funding in accordance with Article 30 of this law, will receive a supplement in the amount of 30% of the acceptable funding in accordance with paragraph 3 of the same article, if in the party list submitted by it at the last parliamentary elections One candidate in each trio is a representative of a different gender. The supplement provided for in this paragraph should be used for the activities of the party's structural unit - the women's organization. (Article 39) Source
Article 39(1), Organic Law of Georgia on Political Associations of Citizens, 1997. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Comment
5. … a party list to the Chairman of the CEC for the elections of the Parliament of Georgia defined by paragraphs 2 and 3 of this article, in which at least one in every three persons will be a woman. In case of fulfilment of the mentioned request, the (political party) will receive additional funding provided by the Organic Law of Georgia "on Political Associations of Citizens". (Election Law, Article 203.1) According to Georgian legislation, a political party shall use an additional 30% of public funding (Article 39(1) of Organic Law of Georgia on Political Associations of Citizens) for activities of the women’s organization. Source
Article 39(1), Organic Law of Georgia on Political Associations of Citizens, 1997. |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
According to Georgian legislation, bribing or influencing voters is banned by three different laws. Source
Article 1641 – Vote buying Article 47 – Bribery of voters Article 252 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
Georgian legislation limits the amount that the political party can spend, either in the pre-election period or in other periods. Source
Article 251 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
The total amount of expenses incurred by a party or electoral subject during the year may not exceed 0.05% of the gross domestic product of Georgia of the previous year. Source
მუხლი 251 The total amount of expenses incurred by a party or electoral subject during the year may not exceed 0.05% of the gross domestic product of Georgia of the previous year. The given amount shall include expenses incurred by the party or electoral subject and by other persons for the benefit of the party or electoral subject, and which have been determined by the Anti-corruption Bureau and which have been notified to the party or electoral subject concerned. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Georgian legislation limits the amount that the electoral subject can spend, either in the pre-election period or in other periods. Source
Article 54 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
The political party candidates face no additional spending constraints. Their financial limits align with the overall restrictions imposed on the party's election fund, as they draw their campaign expenses from this fund. As for an independent majoritarian candidate, the maximum annual election expenses are calculated by dividing the political party's election campaign allowances cap by the total number of voters nationwide. The resulting figure is then multiplied by the number of voters in the specific electoral district. Source
Article 54 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit for party/candidate includes spending by other on their behalf
Source
Article 25: |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
There are no limits. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
There are no limits. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
There are no limits. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
According to Georgian legislation, before February 1 of each year, a political party shall submit the financial disclosure statements of the previous year along with the auditor’s (auditing firm’s) report to the Anti-Corruption bureau. Source
მუხლი 32 "Before 1 February of each year, parties shall submit to the Anti-Corruption Bureau financial disclosure statements of the previous year along with the auditor’s (auditing firm’s) report. The copies of the financial disclosure statements along with the copies of the auditor’s (auditing firm’s) report shall be sent to the local tax authority according to the legal address of the party. The disclosure statement shall include the annual income of the party (including the amounts of membership fees and donations, the identities of citizens who paid membership fees, information on citizens and legal persons who made donations, sums allocated by the state or those received as a result of publications and other activities of the party); it shall also include the expenditure of the party (incurred for elections, for funding various activities, for remuneration, business trips and other expenses), as well as reports on property ownership (the number and type of owned buildings and vehicles, their total value, the amount of funds in their bank accounts). |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Electoral subjects must regularly report election campaign expenses to the Anti-Corruption Bureau at specific intervals, with detailed submissions at key milestones such as pre and post-election periods. Source
Article 57 – Report of election campaign expense |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Electoral subjects must regularly report election campaign expenses to the Anti-Corruption Bureau at specific intervals, with detailed submissions at key milestones such as pre and post-election periods. Source
Article 57 – Report of election campaign expense |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Donations received by parties and candidates, annual and election period financial reports are posted on the Anti-Corruption Bureau website (https://monitoring.acb.gov.ge/ka). Source
Information on the donations received by a party, including the information containing the data specified in paragraph 2 of this article, and the information on the registration place of the donor, shall be publicly available. The Anti-Corruption Bureau shall ensure access to the given information in accordance with the procedure established by the legislation of Georgia. The Anti-Corruption Bureau shall, on a monthly basis, make the information on the donations received by a party available to the public by publishing the relevant data on the web-site. The Anti-Corruption bureau shall make the financial disclosure statement of a party/electoral subject available to all interested persons and ensure the publication of the given statement on the relevant web-site within 5 days after its receipt. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
A person shall indicate his/her full name and personal number when making a donation. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Article 32 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Article 32 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Anti-corruption agency
Comment
Legal Entity under Public Law (LEPL) – the Anti-Corruption Bureau. Source
მუხლი 341 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Anti-corruption agency
Comment
Legal Entity under Public Law (LEPL) – the Anti-Corruption Bureau. Source
მუხლი 341 The Anti-Corruption Bureau carry out monitoring over the legality and transparency of a party’s financial activities. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Carry out investigation
Refer for investigation
Request additional information from others
Request additional information from potential violator
Source
The State Audit Service may: |
58. What sanctions are provided for political finance infractions? |
Code
Source
მუხლი 34 If a party fails to submit in a timely manner a financial disclosure statement to the Anti-Corruption Bureau, the Anti-Corruption Bureau shall warn the party in writing and request the rectification of the failure within 5 days. If a party fails to submit the financial disclosure statement within the specified 5 days to the Anti-Corruption Bureau, it shall forfeit the right to receive state funding under Article 30 of this Law for the following year. მუხლი 342 1. Acceptance or non-disclosure of donations or membership fees prohibited under the legislation of Georgia by a party or a person specified in Article 261(1) of this Law shall result in the transfer of the prohibited donations or membership fees to the state budget and the imposition of a fine equal to twice the amount of the prohibited donations or membership fees. |