58. What sanctions are provided for political finance infractions?

Bosnia and Herzegovina

Bosnia and Herzegovina

Answer
  • Fines
  • Forfeiture
Source

"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions."

Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)

"A financial penalty in the amount from 500 KM (five hundred convertible marks) to 10.000 KM (ten thousand convertible marks) shall be pronounced for the violation to: a) a political party that used the funds contrary to the provision of Article 4, paragraph (1) and (2) of this Law, b) a political parties that failed to keep records on received membership fees and contributions and that failed to issue a receipt on received fees and contributions in accordance with provision of Article 5, paragraph (4) of this Article, c) a political party that is financed by obtaining a loan from banks; d) a political party that gets the funds from the sources that are not set forth in Article 3 of this Law; e) for violating provisions of Article 9 of this Law; f) a political party for failing to keep records on its incomes and expenditures in line with the regulations; g) a political party for failing to submit prescribed financial reports in line with the BiH Election Law (Article 12, paragraph 3); h) a political party for failing to submit financial reports in line with this Law (Article 12, paragraph 4); i) a political party for failing to submit additional financial reports (Article 12, paragraph 5): j) a political party for failing to appoint a person authorized to submit reports and to contact the BiH Central Election Commission (Article 13), k) a political party for failing to inform the BiH CEC within fifteen days following appointment of the authorized person or any other changes of the authorized person’s status. (2) A financial penalty in the amount from 200 KM (two hundred convertible marks) to 2.000 KM (two thousand convertible marks) shall be pronounced to a natural person for the offence referred to in paragraph 1 of this Article."

Source: Aricle 19, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)

Close tooltip