Georgia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
In the list of prohibited donations (whether monetary or in kind) there are also donations by foreign entities (legal and natural persons), international organisations, except in relation to lectures, workshops and other public arrangements; Source
Article 26 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
donations from foreign states are prohibited Source
Article 47, paragraph 5 of the Election Code |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
donations by state entities, legal persons of public law, state organisations and enterprises, in Source
Article 26 of THE ORGANIC LAW OF GEORGIA |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Prohibition applies to donations by state entities, legal persons of public law, state organisations and enterprises, in which the share of the state is more than 10 percent (except for cases provided by the Law); Source
Article 47, paragraph 5 of the Election Code |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
Prohibition applies to donations by state entities, legal persons of public law, state organisations and enterprises, in which the share of the state is more than 10 percent (except for cases provided by the Law); Source
Article 26 of THE ORGANIC LAW OF GEORGIA |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
It is prohibited to receive donations from Georgian entrepreneurial legal entities, partially owned by the state; Source
Article 47, paragraph 5 of the Election Code |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
If a party receives an anonymous donation (i.e. a donation provided by a legal entity without Source
Article 26, para 3 of THE ORGANIC LAW OF GEORGIA |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
On the list of prohibited donations, there are also Source
Article 47, paragraph 5 of the Election Code |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
Donations may not be accepted from: state bodies, state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law; Source
Article 26, para 1, b) of the ORGANIC LAW OF GEORGIA |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Donations may not be accepted from: state bodies, state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law; Source
Article 26, para 1, b) of the ORGANIC LAW OF GEORGIA The law applies to all electoral subject (political parties, independent candidates, electoral blocks) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
See above |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
See above |
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 contains various provisions on use of state resources and official positions, providing inter alia that state buildings, communication means and vehicles can only be used if equal access is given to all subjects, misuse will be subject to fines of 1,000 GEL (approximately €417) and that from the date of announcement of the elections, implementation of projects not previously foreseen in government budget is prohibited. These provisions were introduced into the Election Code after the 2008 presidential and parliamentary elections. 1. Any person having the right to participate in canvassing according to Article 45(4) of this Law shall be prohibited from using administrative resources in the course of the election campaign in support of or against any political party, candidate for electoral subject, or electoral subject. In addition, it is prohibited to: a) use premises occupied by state authorities and local self-government bodies, also by organisations funded from the State Budget of Georgia, provided that other political parties, candidates for electoral subject, or electoral subjects are unable to use similar premises under the same conditions; b) use means of communication, information services, and other kinds of equipment designated for state authorities and local self-government bodies, also for organisations funded from the State Budget of Georgia (except for political parties); c) use means of transportation owned by state authorities or local self-government bodies. Source
Article 48 of the Election Code |
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 set for both natural and legal persons Source
Article 27 THE ORGANIC LAW OF GEORGIA |
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
natural persons - 30,000 GEL (approximately €12,500 legal persons - 100,000 GEL (approximately €41,667
Comment
A political party may not receive (monetary or in-kind) donations with a total value of more Source
Article 27 THE ORGANIC LAW OF GEORGIA |
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
Election campaign funds of political parties and elections blocs, as well as candidates in Source
Article 47, 31, Election Code |
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
30,000 GEL (approximately €12,500) - natural persons; 100,000 GEL (approximately €41,667) from a legal person
Comment
30,000 GEL (approximately €12,500) - natural persons; 100,000 GEL (approximately €41,667) from a legal person Source
Article 47, 31, Election Code |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
as mentioned before Source
Article 47, 31, Election Code |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
yes
Comment
30,000 GEL (approximately €12,500) from any given natural person (including individual Source
Article 47, 31, Election Code |
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
the limit of 30,000 GEL (approximately €12,500) applies here as well Source
Article 47, 31, Election Code |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
the limits mentioned above apply to in-kind donations as well given from a natural or legal person Source
Article 47, 31, Election Code |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
the limits mentioned above apply to in-kind donations as well given from a natural or legal person Source
Article 47, 31, Election Code |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
1. The property of a party can be formed from: Source
Article 25 of THE ORGANIC LAW OF GEORGIA |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
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. Source
Article 25, 5) of THE ORGANIC LAW OF GEORGIA |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
As long as the loan is reported accordingly, any candidate may benefit from them Source
GRECO evaluation Report https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c62d3 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
Yes
Comment
Under section 10 LCI, a public servant may not, based on his/her personal interests, purchase property of a public institution entrusted to him/her; enter into transactions with a public institution in which s/he works, apart from the exceptions determined by law; enter into a transaction, as a public servant, with his/her business entity, political party or other public institution; enter into a property transaction with his/her family member or close relative as a public servant. Otherwise, there are no prohibitions or restrictions on entering into contracts with public authorities. Besides, the general legislation on public procurement is fully applicable in this context. Source
GRECO FOURTH EVALUATION ROUND Corruption prevention in respect of members of parliament, judges and prosecutors https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806dc116 |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Monetary donations and membership fees are to be made via a bank transfer (with the exception of donations by natural persons of less than 300 GEL / approximately €125 a year). Source
Article 27, paragraph 3 of THE ORGANIC LAW OF GEORGIA |
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 may receive direct public funding from the state if they received at least four percent of the votes in the last parliamentary elections or received at least three percent of the votes in the last local elections Source
(Article 30, paragraph 3 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Political parties may receive direct public funding from the state if they received at least four percent of the votes in the last parliamentary elections or received at least three percent of the votes in the last local elections Source
(Article 30, paragraph 3 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
A general amount: political parties which in the last parliamentary elections received more than four percent of the votes or which in the last local elections received more than three percent of the votes are provided with 150,000 Georgian Lari (hereafter: GEL) (approximately €62,500) annually (Article 30, paragraph 2 LPUC); political parties or election blocs which in the last parliamentary elections received eight percent of the votes or which in the last local elections received six percent of the votes are provided with 300,000 GEL (approximately €125,000) annually (Article 30, paragraph 6, LPUC) - an amount per seat: political parties which have obtained seats in parliament are provided with an amount of 7,100 GEL (approximately €2,960) annually per Member of Parliament elected through the proportional representation system, for up to 30 members; if a political party obtains more than 30 seats through proportional representation it is eligible to receive 1,200 GEL (approximately €500) annually per Member of Parliament above the aforementioned 30 seats.- An amount er vote: political parties which satisfy the criteria for receiving public funding (i.e. which during the last parliamentary elections received more than four percent of the vote or which during the last local elections received more than three percent of the vote) may receive 1.5 GEL (approximately €0.63) for every vote they received through the proportional system up to 200,000 votes and 1 GEL (approximately €0.42) for every vote through the proportional system above 200,000. Source
GRECO evaluation Report https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c62d3 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
Public funding (direct funding) may be used only for the regular activities of the parties Source
GRECO evaluation Report https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806c62d3 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
In order to provide financial support to the election campaigns of political parties during the year of general parliamentary and local self-government elections, additional funding shall be allocated from the state budget of Georgia to cover TV advertising costs. This funding may be used for TV advertising only, from the date when the respective general elections are called up to election day, and in the case of a repeat vote, a second round of elections or re-run elections, before the day of the respective voting. The funding under this paragraph shall be received only by parties that have become eligible for funding according to the results of the recent general elections. The amount of funding allocated to a party under this paragraph shall be calculated by multiplying the number of votes obtained by the relevant electoral subject in the recent general elections by three and dividing it by the number of political parties within the electoral subject. In addition, the amount of funding allocated to a party and electoral bloc (despite the number of parties in the bloc) participating independently in the elections may not exceed GEL 600,000. At least 15% of the funding allocated to anelectoral subject shall be used for pre election advertising with at least 7 broadcasters, which do not represent national broadcasters. Source
Article 30, para 12 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
In the form of broadcasting time, the use of halls and other premises and facilities for putting up campaign posters, is provided. Pursuant to Article 731 , paragraph 11 and 4 Source
(article 75, paragraph 4, Election Code). |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
See above Source
Article 30, para 12 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Tax relief for donations to candidates. Premises for campaign meetings. Buildings under the management of the bodies of State or local self-government and government?are provided for campaign purposes (must be on equal conditions Source
Article 30 of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
The procedure for drawing up a party list shall be determined by parties and electoral blocs, taking into account that the seats acquired by the party or the electoral bloc on the basis of the election results shall be distributed sequentially from the beginning of the list onwards and shall ensure gender balance with respect to additional funding as envisaged by the Organic Law of Georgia on Political Unions of Citizens Source
Article 143 - Submission of party lists of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Yes
Comment
The procedure for drawing up a party list shall be determined by parties and electoral blocs, taking into account that the seats acquired by the party or the electoral bloc on the basis of the election results shall be distributed sequentially from the beginning of the list onwards and shall ensure gender balance with respect to additional funding as envisaged by the Organic Law of Georgia on Political Unions of Citizens Source
Article 143 - Submission of party lists of THE ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Vote-buying is criminalized in Georgia. SAO is the institution that conducts investigations. New procedures are in place that require the SAO to obtain court approval as well as to receive requested information from other institutions so that the process of investigation is many times delayed. Source
Criminal Code, OSCE/ODIHR reports |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
1. The total amount of expenses incurred by a party or electoral subject during the year may not exceed 0.1% 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 State Audit Office and which have been notified to the party or electoral subject concerned. Source
Article Article 251 of THE ORGANIC LAW OF GEORGIA |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
0.1% of the gross domestic product of Georgia of the previous year
Comment
0.1% of the gross domestic product of Georgia of the previous year Source
Article Article 251 of THE ORGANIC LAW OF GEORGIA |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
1.1 . The maximum amount of the annual election expenses of an independent majoritarian candidate shall be determined by the following procedure: the maximum amount of election campaign expenses of a party (0.2% of the gross domestic product of Georgia of the previous year) must be divided by the total number of voters in the country and the given number shall be multiplied by the number of voters registered at the relevant polling district. Source
Article Article 251, para 1 of THE ORGANIC LAW OF GEORGIA |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
specific formula for calculation
Comment
0.2% of the gross domestic product of Georgia of the previous year) must be divided by the total number of voters in the country and the given number shall be multiplied by the number of voters registered at the relevant polling district. Source
Article Article 251, para 1 of THE ORGANIC LAW OF GEORGIA |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, third parties banned from campaign spending
Comment
Donations made through a third person shall be transferred to the state budget of Georgia and the offender shall be held liable under the legislation of Georgia. Source
Article 27 of THE ORGANIC LAW OF GEORGIA |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
Not regulated |
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
1. In order to get public funds those parties who are eiigible shall submit to the Centre of Electoral Systems Development, Reforms and Training an annual final report on the use of the granted sum for the intended purpose. If a party fails to submit the report in the prescribed manner or to use the sum for the purposes established by this article, the financing of the party from the fund shall be suspended for a year. 2. Before 1 February of each year, parties shall submit to the State Audit Office 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). Source
Article 32 of the ORGANIC LAW OF GEORGIA |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
An electoral subject, once in three weeks following the registration, shall be obliged to publish information, in the forms defined, about the sources, amounts, and dates of receipt of donations. Electoral subjects shall, not later than one month after the announcement of final results of elections, submit to the State Audit Office a report of funds having been used up to the time of reporting, together with an audit (audit firm) report, specifying the source of funds. The electoral subjects that have received, based on preliminary data, the required number of votes as defined by this Law, shall submit the same to the State Audit Office not later than 18 days after the polling day. Any auditor (audit firm) operating in the territory of Georgia may carry out an audit. Source
Article 57 - Report of election campaign expense of the Election Code |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
An electoral subject, once in three weeks following the registration, shall be obliged to publish information, in the forms defined, about the sources, amounts, and dates of receipt of donations. 3. Electoral subjects shall, not later than one month after the announcement of final results of elections, submit to the State Audit Office a report of funds having been used up to the time of reporting, together with an audit (audit firm) report, specifying the source of funds. The electoral subjects that have received, based on preliminary data, the required number of votes as defined by this Law, shall submit the same to the State Audit Office not later Source
Article 57 of the Electoral Code |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Source
Greco Eval III Rep _2010_ 12E Final Georgia PF PUBLIC |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
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 State Audit Office shall ensure access to the given information in accordance with the procedure established by the legislation of Georgia. The State Audit Office 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. An electoral subject, once in three weeks following the registration, shall be obliged to publish information, in the forms defined, about the sources, amounts, and dates of receipt of donations. Source
Article 26 of the Organic Law On plitical parties Article 57 of the Election code |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
After the elections, election subjects are required to submit a report to the relevant election commission on the use of the election campaign fund (which is to be closed within 20 days of the elections) and the source of the donations to the election campaign fund (Article 48, paragraph 6, Election Code) etc. information on individual donations, including the value of each donation, the type of donation (cash, in kind, credit or loan), the date it was donated, as well as the name and address of the legal person or, in case of a natural person, their name, address and identity card number and personal number; Source
Article 48, para 4 of the Election Code |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
For a political party, the annual income statement must include: The “annual financial declaration” is to include information on: - the income of the party, including membership fees, amount of donations (both individual donations and the total amount), details of the natural persons and legal entities who provided donations, funding allocated by the state as well as income from publications or other party activities; - expenditure of the party (including on elections – i.e. the amounts the party transfers to the election campaign fund – , financing of various activities, remuneration, official trips and other expenditure); - property of the party (buildings, number and types of vehicles, their total value, the amount of money on bank accounts).
For an electoral subject, the declaration must include: the period over which the donations were provided; - the total amount of donations; - the total number of donors (i.e. the total number of natural persons and the total number of legal persons); - information on individual donations, including the value of each donation, the type of donation (cash, in kind, credit or loan), the date it was donated, as well as the name and address of the legal person or, in case of a natural person, their name, address and identity card number and personal number; - information on services provided by donors, including the type of service (preview trailers, hoarding, polls, concerts, agreements, etc.), its value, the date of the service order and the period over which it was provided, as well as information identifying the donor (name, address etc.); Source
Article 32 the ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS Article 48, para 4 of the Election code |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Political parties are obliged to include itemized expenditure in the annual income statement:- -expenditure of the party (including on elections – i.e. the amounts the party transfers to the election campaign fund – , financing of various activities, remuneration, official trips and other expenditure); Candidadates similarly: information on expenditure (subdivided into salaries; income tax; business trips; other goods and services; preview trailers – including the cost of their production; advertisements , printed media and on hoarding – including the cost of their production; large public events – public meetings with citizens, rent for venues, organising concerts etc; the production of printed campaign materials; opinion polls, consultations and other election-related research; other costs; capital costs; total expenditures). Source
Article 32 the ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS Article 48, para 4 of the Election code |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Special agency for political finance
Comment
In Georgia the state Audit Office is responsible for receiving of both campaign finance reports and annual political parties' reports Source
Article 32 the ORGANIC LAW OF GEORGIA ON POLITICAL ASSOCIATIONS OF CITIZENS. Article 57 of the Election code |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Request additional information from potential violator
Impose sanctions
Comment
The State Audit Office shall carry out monitoring over the legality and transparency of a party’s financial activities. 2. The State Audit Service may: a) develop the form of an annual financial disclosure statement of a party; b) establish auditing standards for party financing; c) examine the completeness, accuracy and legality of a party’s financial disclosure statement and of the account of the election campaign fund; d) conduct an audit of a party not more than once a year; d 1 ) in the case of a reasonable doubt as to the lawfulness of the activities of a party, apply to a court with a request to conduct an unscheduled financial audit of the party; e) ensure the transparency of a party's funding; f) where necessary, request information on party financing from the party, from administrative bodies and commercial banks; g) where necessary, request, on the basis of a court decision, information on the finances of donors, both natural and legal persons, who make donations to parties and to persons specified in Article 261 of this Law; h) provide consultations on party financing to interested persons; i) respond appropriately to violations of the legislation related to party financing and apply sanctions established by law; j) apply to prosecution authorities where elements of a crime are identified; k) request a financial report from a person if there is a reasonable doubt as to the existence of circumstances specified in Article 261 ; l) make a decision on the application of restrictions set out in Article 261 of this Law to a person through a summary administrative procedure. Upon the request of the party, a copy of this decision shall be made available to the party before 6 p.m. of the following day; m) develop the methodology for monitoring a party’s financial activities; n) exercise other competences established by law. 3. If there is a reasonable doubt as to the violation of the requirements of this Law, relevant state bodies shall notify the State Audit Office. 4. If the State Audit Office applies to a court in accordance with paragraph 2(g) of this article, the court shall render a decision within 48 hours after the receipt of the application. The application of the State Audit Office shall be justified and indicate the grounds and purpose for requesting the information, as well as the period and volume of the requested information. If the court grants the request, the court decision shall indicate the grounds and purpose for requesting the information, as well as the period and volume of the requested information and the validity period of the decision. Source
Article 341 of the Law on Political Unions and Citizens |
58. What sanctions are provided for political finance infractions? |
Code
Fines
Comment
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. 2. If donations or membership fees prohibited under the legislation of Georgia are contributed to a party or a person specified in Article 261 (1) of this Law by a natural or legal person, or by an association of natural or legal persons, or by any other type of organisational entity, where the beneficiary of the donation or membership fee was not or could not have been aware of the violation, the said violation shall result in the imposition of a fine equal to twice the amount of the forbidden donations or membership fees on the person who transferred prohibited donations or membership fees and on the person (if any), who transferred prohibited donations though a third person. 3. Acceptance or non-disclosure by a person of prohibited donations or membership fees for the benefit of a a party or a person specified in Article 261 (1) of this Law shall result in the imposition of a fine on the person equal to twice the amount of the forbidden donation or membership fee. 4. The failure by a party or a person specified in Article 261 (1) and (2) of this Law to fulfil the requirements and obligations under this Law shall result in a fine of GEL 5,000. 5. Failure to fulfil the statutory obligation related to the provision of information specified in this Law upon the request of the State Audit Office shall result in a fine of GEL 500 for a natural person, and GEL 2,000 for legal persons. 6. Violation of the requirements set out in Article 252 of this Law, as well as the receipt of unlawful gifts, income and services for electoral purposes by a natural person, if the cost of the given property (services) or transaction does not exceed GEL 100, shall result in the imposition of a fine on the party, party representative or legal person in question, equal to 10 times the value of the relevant property (services) or transaction, and the imposition of a fine on the natural person in question equal to twice the value of the relevant property (services). 8. Violation of the requirements set out in Article 251 (1) and (11 ) shall result in a fine equal to twice the amount of the expenses incurred in excess of the maximum limit. 9. Any action specified in paragraphs 1 to 8 of this article, committed repeatedly or by one person though different natural or legal persons, shall result in a fine equal to twice the amount of the penalty established under the respective paragraph. 10. Liability under this article may be imposed on a person for up to 6 years after the commission of the relevant act. 11. In the case of an administrative offence specified in this article, an authorised person of the State Audit Office shall draw up an administrative offence report, which shall be promptly submitted to a district (city) court of Georgia for consideration. 12. If there are circumstances that may hinder the execution of statutory penalties applicable to violations, the State Audit Office may, in addition to drawing up an administrative offence report, seize the property (including bank accounts) of a party and/or of a person in proportion to the sanction envisaged for the relevant offence. The seizure shall enter into force immediately and shall be submitted to the court for approval along with the administrative offence report. 13. The court shall, within 15 days after receiving the relevant materials, review the issue of approval of the administrative offence report and render a decision. The court decision may be appealed only once to the Court of Appeals within 10 days after the service of the court decision. The Court of Appeals shall render a decision not later than 15 days after the receipt of the appeal. The decision shall be final and subject to no appeal. 14. During a pre-election period, the court shall review the issue of approval of the administrative offence report specified in paragraph 11 of this article and render a decision within 5 calendar days after the receipt of the relevant materials. The court decision may be appealed only once to the Court of Appeals within 72 hours after the service of the court decision. The decision shall be final and subject to no appeal. The court shall submit the justified decision and case materials to the party not later than 12 p.m. on the day following the day when the decision is rendered. 15. A court shall, not later than 48 hours after the submission of the relevant materials, review the issue of imposing seizure for the administrative violation specified in paragraph 12 of this article and render a decision. The court decision may be appealed only once to the Court of Appeals within 48 hours after the service of the court decision. Appealing a decision shall not suspend the execution of the seizure. The Court of Appeals shall render a decision not later than 48 hours after the receipt of the appeal. The decision shall be final and subject to no appeal. The court shall submit the justified decision and case materials to the party not later than 12 p.m. on the day following the day when the decision is rendered. 16. For the purposes of this Law the following forms of donation or membership fees shall be deemed as prohibited: a) donations/membership fees transferred in violation of the procedures established by this Law; b) the full amount of donations or membership fees transferred by an unauthorised person specified in this Law; c) the amount of donations or membership fees in excess of the maximum limit established under this Law and transferred by an authorised person specified in this Law Source
Article 342 of the Law on Political Unions and Citizens |