Georgia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
According to the Georgian legislation, political parties may not accept the donations from individuals and legal entities of foreign countries, international organizations, and movements, except for organizing lectures, seminars/workshops, and other similar public activities. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
According to the Georgian legislation, candidates may not accept the donations from individuals and legal entities of foreign countries, international organizations, and movements, except for organizing lectures, seminars/workshops, and other similar public activities. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
According to the Georgian legislation, political parties are allowed to receive donations from corporations, companies and/or business enterprises. Political parties may not accept donations from state bodies, state organizations, legal persons under public law, and state-owned enterprises. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
According to the Georgian legislation, candidates are allowed to receive donations from corporations, companies and/or business enterprises. Candidates may not accept the donations from state bodies, state organizations, legal persons under public law, and state-owned enterprises. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
According to the Georgian legislation, political parties are not allowed to receive donations from trade unions, as their legal status is a non-commercial legal entity (Article 2, Law on Trade Unions, 1997). Article 26, Organic Law of Georgia on Political Unions of Citizens states that political parties may not accept donations from non-commercial legal entities, except for organizing lectures, seminars/workshops, and other similar public activities. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
According to the Georgian legislation, candidates are not allowed to receive donations from trade unions, as their legal status is a non-commercial legal entity (Article 2, Law on Trade Unions, 1997). Article 26, Organic Law of Georgia on Political Unions of Citizens states that candidates may not accept donations from non-commercial legal entities, except for organizing lectures, seminars/workshops, and other similar public activities. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
According to the Georgian legislation, political parties may not accept donations from anonymous persons. When donating to a political party, a person shall indicate his/her full name and personal number, otherwise, it will be considered as an anonymous donation. Anonymous donations shall be immediately transferred to the state budget of Georgia by the responsible person for the financial activities of the political party. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
According to the Georgian legislation, candidates may not accept donations from anonymous persons. When donating to a candidate, a person shall indicate his/her full name and personal number, otherwise, it will be considered as an anonymous donation. Anonymous donations shall be immediately transferred to the state budget of Georgia by the responsible person for the financial activities of the political party/candidate. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
According to the Georgian legislation, political parties may not accept the donations from state bodies, state organizations, legal persons under public law, state-owned enterprises, except for the cases set out in the law. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
According to the Georgian legislation, candidates may not accept the donations from state bodies, state organizations, legal persons under public law, state-owned enterprises, except for the cases set out in the law. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
According to the Georgian legislation, political parties may not accept the donations from state bodies, state organizations, legal persons under public law, state-owned enterprises, except for the cases set out in the law. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
According to the Georgian legislation, candidates may not accept the donations from state bodies, state organizations, legal persons under public law, state-owned enterprises, except for the cases set out in the law. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
According to the Georgian legislation, it is banned to use state resources in favor of or against a particular political party and/or candidate. More specifically, the Election Code of Georgia states that any person having the right to participate in canvassing 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. Also, it is prohibited to a) use premises occupied by state authorities and local self-government bodies, also by organizations 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 organizations funded from the state budget of Georgia (except for political parties); and c) use means of transportation owned by state authorities or local self-government bodies. Source
Article 48, Election Code of Georgia, 2011. |
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
According to the Georgian legislation, regulations are limiting the amounts that both, an individual and a legal entity (organizations, companies, etc.) can donate/contribute to a political party for a certain period of time. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
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 - GEL 60,000 per year, Legal persons - GEL 120,000 per year
Comment
According to the Georgian legislation, the total amount of donations received by a political 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 political party may not exceed GEL 1,200. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
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
According to the Georgian legislation, regulations are limiting the amounts that both, an individual and a legal entity (organizations, companies, etc.) can donate/contribute to a political party for a certain period of time. In the pre-election period, the sources of funding of political parties are the same as in other periods. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
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
Natural persons - GEL 60,000 per year, Legal persons - GEL 120,000 per year
Comment
According to the Georgian legislation, the total amount of donations received by a political 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 political party may not exceed GEL 1,200. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
According to the Georgian legislation, regulations are limiting the amounts that both, an individual donor and a legal entity (organizations, companies, etc.) can donate/contribute to a candidate. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Natural persons - GEL 60,000 per year, Legal persons - GEL 120,000 per year
Comment
According to the Georgian legislation, the total amount of donations received by a candidate from each citizen may not exceed GEL 60,000 per year and the total amount of donations received from each legal entity may not exceed GEL 120,000 per year. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
According to the Georgian legislation, the amount that candidates can contribute to their own electoral campaigns is regulated by Article 25(1) of the Organic Law of Georgia on Political Unions of Citizens, which determines the total amount of expenses incurred by an electoral subject. Source
Article 25(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
According to Georgian legislation, in-kind donations are permitted and established regulations about the donations also apply to the in-kind donations. Source
Article 25 and 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
According to Georgian legislation, in-kind donations are permitted and established regulations about the donations also apply to the in-kind donations. Source
Article 25 and 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
According to the Georgian legislation, allowed sources for political parties include: a) membership fees; b) donations; c) sums allocated by the state established by law; and d) the annual income generated from designing and distributing symbols, organizing lectures, exhibitions, and other public activities, as well as from publishing and other activities pursued according to statutory objectives; such income may not exceed twice the amount of the basic minimum funding. Source
Article 25, Organic Law of Georgia on Political Unions of Citizens, 1997. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
According to Georgian legislation, a political 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, Organic Law of Georgia on Political Unions of Citizens, 1997. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
According to Georgian legislation, a candidate 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, Organic Law of Georgia on Political Unions of Citizens, 1997. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
According to the Georgian legislation, no restriction exists that individuals or legal entities that have made donations to political parties/candidates are banned from participating in public tender or public procurement processes. Article 27 of Organic Law of Georgia on Political Unions of Citizens regulates that a donor (to political party/candidates) may not be a legal person 15% of whose actual annual revenue for the previous calendar year, or the election year up to Election Day, has been received from simplified state procurements conducted for the benefit of such legal person or the benefit of an enterprise established with the participation of such legal person. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
According to Georgian legislation, membership fees of a political party, as well as donations made by citizens shall be received only by a bank transfer. Donations may be transferred only from the account of a person making the donation or paying a membership fee, which is held with a commercial bank licensed in Georgia. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
According to the Georgian legislation, funds are allocated from the state budget to provide financial support to political parties in their activities and to promote the creation of sound and competitive political system. Political parties are financed through a) transferring funds directly from the state budget to political parties, and b) distributing funds among political parties from the relevant funds by the law. Source
Article 29(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
According to the Georgian legislation, the funds allocated for a direct transfer to a political party shall be received by a party, which is registered with the Georgian Central Election Commission and which a) has participated in elections independently or as part of an electoral bloc, provided that the political party or the relevant electoral bloc has obtained 3%, or more than 3%, of the votes in the recent parliamentary or local self-government elections; and b) has participated in recent parliamentary elections independently or as a part of an electoral bloc, and a majoritarian member of parliament, presented by the political party or a relevant electoral bloc, has been elected and this political party is represented by a faction in the Parliament of Georgia. Source
Article 30, Organic Law of Georgia on Political Unions of Citizens, 1997. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Other
Comment
According to Georgian legislation, the amount of the state funding allocated under the law is composed of the basic funding, and bonuses for each Member of Parliament elected under a proportional electoral system and a component corresponding to the number of votes received by a political party. The following formula exists to receive a state funding: Z=B+(M*600*12)+(L*100*12)+(V*1,5)+(W*1)+(H), where Z means the amount of budgetary funding to be received by a political party; B - the amount of basic funding; M - the number of Members of Parliament equal to 30 or up to 30 elected under a proportional system; L - the number of Members of Parliament above 30 elected under a proportional system; V - the number of votes received from up to 200,000 voters; W - the number of the votes received from more than 200,000 voters; H - a political party, which has been registered by the Georgian Central Election Commission to participate in the recent parliamentary elections and whose members have been elected to the Parliament of Georgia, provided that the given political party creates a parliamentary faction. For the given formula H=GEL 300,000. The minimum amount of the annual basic funding is GEL 300,000. If a political party or an electoral bloc participating in elections independently has received 6% or more of the votes cast in the recent parliamentary or local self-government elections, its basic funding shall be doubled. Source
Article 30, Organic Law of Georgia on Political Unions of Citizens, 1997. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Yes
Comment
According to the Georgian legislation, the financial disclosure statements of political parties include a very detailed list of expenditures. Source
Organic Law of Georgia on Political Unions of Citizens, 1997. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
According to the Georgian legislation, to provide financial support to the election campaigns of political parties during the year of general parliamentary and local self-government elections, additional funding is 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. Source
Article 30, Organic Law of Georgia on Political Unions of Citizens, 1997. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Votes Received
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. According to the Georgian legislation, the funding shall be received only by political parties, which have become eligible for funding according to the results of the recent general elections. The amount of funding allocated to a political party 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. Also, the amount of funding allocated to a political 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 an electoral subject shall be used for pre-election advertising with at least 7 broadcasters, which do not represent national broadcasters. Source
Article 30, paragraph 12, Organic Law of Georgia on Political Unions of Citizens, 1997. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
According to the Georgian legislation, to provide financial support to the election campaigns of candidates during the year of general parliamentary and local self-government elections, additional funding is 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. Source
Article 30, Organic Law of Georgia on Political Unions of Citizens, 1997. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
According to the Georgian legislation, in addition to the state funding, a certain sum shall be transferred from the state budget annually to the Centre of Electoral Systems Development, Reforms and Training, which is intended to support the development of political parties and the non-governmental sector and promote the formation of a sound and competitive political system. 50% of the total amount transferred to the Centre from the state budget shall be distributed to the political parties and the remaining 50%, to non-governmental organizations. The sum allocated from the fund to the political parties shall be distributed in proportion to their respective basic funding. Source
Article 30(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
According to the Georgian legislation, a political party receiving state funding shall receive a bonus of 30% of the basic funding if, in the electoral list presented by this political party or by the relevant electoral bloc (in the case of local self-government elections, in all party lists) at least 30% of female candidates are included in the first, second and every subsequent ten candidates. Source
Article 30, Organic Law of Georgia on Political Unions of Citizens, 1997. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Question | Value |
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38. Is there a ban on vote buying? |
Code
Yes
Comment
According to the Georgian legislation, bribing or influencing voters is banned. The action is regulated by three different laws/acts of Georgia. The detailed information about the fines/penalties regarding the vote-buying can be found in Article 25(2) of Organic Law of Georgia on Political Unions of Citizens; Article 47 of Election Code of Georgia; and Article 164(1) of Criminal Code of Georgia. Source
Article 25(2), Organic Law of Georgia on Political Unions of Citizens, 1997; Article 47, Election Code of Georgia, 2011; and Article 164(1), Criminal Code of Georgia, 1999. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
According to the Georgian legislation, regulations are limiting the amount of funds that political parties can spend, either in the pre-election period or in other periods of time. Source
Article 25(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
0.1% of GDP of Georgia of the previous year
Comment
According to the Georgian legislation, during the year the total amount of expenses by a political party or an electoral subject may not exceed 0.1% of GDP of Georgia of the previous year. The given amount shall include expenses by a political party or an electoral subject and by other persons for the benefit of the political party or electoral subject, and which have been determined by the State Audit Office and which have been notified to the political party or electoral subject concerned. Source
Article 25(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
According to the Georgian legislation, regulations are limiting the amount of funds that electoral candidates can spend, either in the pre-election period or in other periods of time. Source
Article 25(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Specific formula
Comment
According to the Georgian legislation, 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 political party (0.2% of the GDP 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 25(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
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
According to the Georgian legislation, third parties are banned from campaign spending. Donations made through a third person shall be transferred to the state budget and the offender shall be held liable under the legislation of Georgia. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
According to the Georgian legislation, there are no limitations on media advertising for the political parties and/or candidates. However, the Georgian legislation imposes restrictions on media organizations that indirectly affect and limit the advertising spending of political parties. Detailed information about these regulations can be found in Article 50 of the Election Code of Georgia. Source
Article 50, Election Code of Georgia, 2011. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
According to the Georgian legislation, there are no limitations on online and social media advertising for the political parties and/or candidates. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
According to the Georgian legislation, there are no limitations on online and social media advertising for the political parties and/or candidates. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
According to the 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 State Audit Office. 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 a political party. A political party shall keep financial disclosure statements and all associated documents for 6 years, and shall perform the obligations under the tax legislation of Georgia for maintaining and storing source documents. A political party whose annual turnover does not exceed GEL 10,000 may submit an annual financial disclosure statement without an auditor’s report. Source
Article 32, Organic Law of Georgia on Political Unions of Citizens, 1997. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
According to the Georgian legislation, an electoral subject, once in three weeks following the registration, is 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 the 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, Election Code of Georgia, 2011. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
According to the Georgian legislation, an electoral subject, once in three weeks following the registration, is 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 the 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, Election Code of Georgia, 2011. |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Comment
According to the Georgian legislation, third parties are banned from campaign spending. Donations made through a third person shall be transferred to the state budget and the offender shall be held liable under the legislation of Georgia. Source
Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
According to the Georgian legislation, information on the donations received by a political party is publicly available. The State Audit Office shall ensure access to the given information under the procedure established by the legislation of Georgia. Every month, the State Audit Office shall make the information on the donations received by a political party available to the public by publishing the relevant data on its website. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
According to the Georgian legislation, political parties and/or candidates are required to report on the identity of the persons or entities that have provided donations/contributions. The law on Political Unions of Citizens states that information on the donations received by a political party and the information on the registration place of the donor shall be publicly available. Moreover, a donor shall indicate his/her full name and personal number when donating. Monetary funds contributed without indicating this data shall be considered as anonymous donations, which is forbidden in Georgia. Source
Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
According to the Georgian legislation, the disclosure statement of a political party shall include the annual income of a political 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 a party); 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, Organic Law of Georgia on Political Unions of Citizens, 1997. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
According to the Georgian legislation, political parties and/or candidates in their financial reports must specify information about each item of spending and they must submit detailed information about their spending. More specifically, Article 32 of Organic Law of Georgia on Political Unions of Citizens states that the disclosure statement of a political party shall include expenditures of a political party incurred for elections, for funding various activities, for remuneration, business trips, and other expenses. Source
Article 32, Organic Law of Georgia on Political Unions of Citizens, 1997. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Auditing agency
Comment
According to the Georgian legislation, the State Audit Office has a mandate to receive financial statements from political parties and/or candidates, either regularly or in the pre-election period. Source
Article 34(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Auditing agency
Comment
According to the Georgian legislation, the State Audit Office carries out monitoring over the legality and transparency of political parties’ and/or candidates’ financial activities. Source
Article 34(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
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
Request additional information from others
Impose sanctions
Comment
According to the Georgian legislation, the State Audit Office may a) develop the form of an annual financial disclosure statement of a political party; b) establish auditing standards for a political party financing; c) examine the completeness, accuracy, and legality of a political party’s financial disclosure statement and the account of the election campaign fund; d) conduct an audit of a political party, not more than once a year; e) in the case of a reasonable doubt as to the lawfulness of the activities of a political party, apply to a court with a request to conduct an unscheduled financial audit of the political party; f) ensure the transparency of a political party’s funding; g) where necessary, request information on a political party financing from the political party, from administrative bodies and commercial banks; h) where necessary, request, based on a court decision, information on the finances of donors, both natural and legal persons, who make donations to political parties and persons; i) provide consultations on political party financing to interested persons; j) respond appropriately to violations of the legislation related to a political party financing and apply sanctions established by law; k) apply to prosecution authorities where elements of a crime are identified; l) request a financial report from a person if there is a reasonable doubt as to the existence of circumstances specified in Article 26(1) of Organic Law of Georgia on Political Unions of Citizens; m) make a decision on the application of restrictions set out in Article 26(1) of Organic Law of Georgia on Political Unions of Citizens to a person through a summary administrative procedure. Upon the request of a political party, a copy of this decision shall be made available to the political party before 6 p.m. of the following day; n) develop the methodology for monitoring a political party’s financial activities; o) exercise other competencies established by the law. Source
Article 34(1), Organic Law of Georgia on Political Unions of Citizens, 1997. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
According to the Georgian legislation, different types of sanctions that may be applied in case of offenses related to a political party or campaign finance. For example, if a political party fails to submit a financial disclosure statement to the State Audit Office on time, the State Audit Office shall warn a political party and request the rectification of the failure within 5 days. If a political party still fails to submit the financial disclosure statement within the specified 5 days to the State Audit Office, it shall forfeit the right to receive state funding for the following year (Article 34, Organic Law of Georgia on Political Unions of Citizens, 1997). Also, in Article 34(2) of Organic Law of Georgia on Political Unions of Citizens detailed list of fines is listed. Source
Article 34 and 34(2), Organic Law of Georgia on Political Unions of Citizens, 1997. |