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This legislative proposal aims to address gaps in existing legislation regarding the finance of political parties, including restrictions on constitutional rights and freedoms, ambiguous norms, and unreasonable sanctions. It ensures the protection of constitutional rights, clear formulation of regulations, and adequate sanctions for violations. The proposal also includes provisions for financial restrictions on associated persons and measures to combat bribery of voters.
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Finance of Political Parties – Legislative proposal Tbilisi, 2 March, 2012
Gaps in acting legislation : • Restrictions on constitutional rights and freedoms; • Ambiguous norms and non-existence of procedural guaranties; • Possibility of broad interpretation of norms and unlimited competence of the Chamber of Control; • Unreasonable restrictions and sanctions; • Grave and unjustified liability on voters;
Legislative proposal ensures: • Protection of constitutional rights; • Clear and unambiguous formulation that restricts discretion of the Chamber of Control; • Due procedure to make decision; • Filling of gaps concerning donation of parties; • Adequate sanctions for violations.
“Associated person” Financial restrictions provided for parties will be applied to: a)A person, who has declared his/her electoral goals and bears expenses for these goals, except for the donations made within the limits established by the law; b)A person, who throughout the year contributes not legal donations worth total of 200,000 GEL.
The Procedure for Applying of Limitations • Participation of the person in the decision making process is guaranteed; • A Person is entitled to appeal the decision of the Chamber of Control of Georgia; • CCG is authorized to request financial documents on the bases of the reasonable doubt; • The limitations shall be in effect until the end of elections; • CCG can change the decision upon request or its own judgment.
Donation Any monetary means provided and/or any material value or service provided free of charge or at discount/preferential terms to support a party or a person or not to do so shall be considered as a donation.
Procedure for Seizure the Property • The Seizure may be applied only to the extent necessary and if there is a danger of disposal/spending of the property by a person; • The decision to seizure the property is made by the court; • The judge shall decide the case within 24 hours; • The court decision shall be subject to appellate challenge only in appellate court within 48 hours. The Appellate Court shall make a decision within 48 hours which is final and is not subject to further appeal.
Sanctions and limitations: • Joint limit established for natural persons will be abolished if the income comes from the single source; • Joint limit on income for the party during the year will be abolished • Limitation on Independent Single-seat Candidate Expenditure will be set;
Sanctions are becoming more proportionate: • The fine of 10foldamount is reduced to triple amount of the received financial or material contributions; • Property received or issued by the void deal shall no more be transferred to the state budget.
Bribing of Voters • Voters shall not be subject to liability; • The purpose in narrowed - „for voting for or for refraining from voting for any political entity in elections “; • The monetary limit is defined: Bribing of voters over 100 GEL shall be punishable; • Bribing of voters within the limits of 100 GEL cause the administrative liability; • The liability for bribing of voters is diminished for 1 year; • A Political party shall be punished only with fine.
