38. Is there a ban on vote buying?
Georgia
Article 1641 – Vote buying
1. For election purposes offering, promising, handing over or rendering directly or indirectly money, securities (including financial instruments), other property, title in property, services or any other advantage, or knowingly accepting such offering, or entering into fraudulent, sham or other transactions to avoid statutory restrictions, if the value of such transaction does not exceed GEL 100, –
shall be punished by a fine.
2. For election purposes offering, promising, handing over or rendering directly or indirectly money, securities (including financial instruments), other property, title in property, services or any other advantage, or knowingly accepting such offering, or entering into fraudulent, sham or other transactions to avoid statutory restrictions, if the value of such transaction exceeds GEL 100, – shall be punished by imprisonment for up to three years or by a fine.
Source: საქართველოს სისხლის სამართლის კოდექსი, 1641-ე მუხლი, 1999
[Article 1641, Criminal Code of Georgia, 1999].
Article 47 – Bribery of voters
1. From the moment of publication of the respective legal act calling elections, including the polling day, and where there is necessity to hold the second round of elections - from the moment of publication of the respective legal act calling elections including the polling day of the second round of elections, it is prohibited:
a) for electoral subjects, candidates for electoral subject, and their representatives to give funds, gifts, and other material possessions (irrespective of their value) to the citizens of Georgia, personally or through other persons; to sell goods to electoral subjects, candidates for electoral subject, and their representatives at a preferential price; to distribute or disseminate goods free of charge (except for campaign materials defined by this Law) among electoral subjects, candidates for electoral subject, and their representatives; and to motivate Georgian citizens by promising to give them funds, securities, and other material possessions (irrespective of their value);
b) for natural and legal persons to perform such work or to provide such services through utilizing personal funds and/or electoral subject funds (except for the performance of work or provision of services obtained under the procedure established by the Law of Georgia on State Procurement) that fall within the competence of the state authorities and/or local self-government bodies of Georgia under the legislation of Georgia.
2. Registration of the electoral subject that, personally or through any representative or any other individual or legal entity acting in his/her behalf, has carried out prohibited activities provided for by this article shall be revoked by a court decision if those facts are confirmed.
Source: საქართველოს ორგანული კანონი საქართველოს საარჩევნო კოდექსი, 47-ე მუხლი, 2011
[Article 47, Organic Law of Georgia Election Code of Georgia, 2011].
Article 252
1. A party may not, directly on indirectly, with the assistance of a party candidate, representative or any other person, transfer funds, gifts and other tangible or intangible assets to a citizen of Georgia (except for inexpensive, election campaign accessories such as T-shirts, caps, hats, flags and other similar things), or sell or deliver goods or services at a discount or on concessional terms, or procure goods or services at a higher price than their market price, or supply or distribute goods or services free of charge (except as provided for in this Law), or solicit citizens of Georgia by supplying or promising monetary funds, securities, or tangible or intangible assets or services (including entering into fictitious labour or other relations).
2. Moreover, no person may carry out the actions specified in paragraph 1 of this article in favour of or against any party.
3. The prohibition relating to a promise referred to in paragraph 1 of this article shall not apply to political and election promises made with respect to the future allocation of budgetary funds and the implementation of state policy.
Source: საქართველოს ორგანული კანონი „მოქალაქეთა პოლიტიკური გაერთიანებების შესახებ“, 252-ე მუხლი, 1997
[Article 252, Organic Law of Georgia on Political Associations of Citizens, 1997].
According to Georgian legislation, bribing or influencing voters is banned by three different laws.