Publication date: 09.06.2024
Campaign finance: legal norms and control
Introduction
Campaign finance is a key aspect of the electoral process that affects transparency, fairness and a level playing field for all candidates and political parties. In Ukraine, the issue of campaign finance is regulated by a number of legislative acts that establish rules, restrictions and control mechanisms. In this article, we will analyze the current legislation regulating campaign finance, as well as existing problems and prospects for reform.
Current legislation
Electoral Code of Ukraine
The Electoral Code of Ukraine is the main legal act regulating the electoral process, including campaign finance. The main provisions include:
- Sources of funding: Election funds can be formed at the expense of candidates' own funds, political parties, voluntary contributions from individuals and legal entities.
- Restrictions on contributions: The law sets maximum amounts of contributions from individuals and legal entities to election campaigns.
- Prohibition on certain contributions: It is prohibited to accept contributions from foreign citizens, anonymous sources, state-owned and municipal enterprises.
Law of Ukraine "On Political Parties in Ukraine"
This law regulates the financing of political parties, including their participation in election campaigns. The main provisions include:
- State funding: Political parties that pass the 5% threshold in parliamentary elections receive state funding.
- Financial reports: Political parties are obliged to submit financial reports on the receipt and expenditure of funds.
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The Law of Ukraine "On Prevention of Corruption"
This law establishes anti-corruption measures related to the financing of election campaigns, including:
- Declaration of income and expenses: Candidates are required to declare their campaign-related income and expenses.
- Control over expenditures: The National Agency for the Prevention of Corruption (NAPC) controls the finances of candidates and political parties.
Control and responsibility
The role of the Central Election Commission (CEC)
The CEC monitors compliance with financial regulations during the electoral process. Its main functions include:
- Registration of election funds: The CEC registers election funds of candidates and political parties.
- Verification of financial reports: The CEC reviews the submitted financial statements for compliance with the law.
- Complaint handling: The CEC reviews complaints about violations of financial regulations.
The role of the National Agency for the Prevention of Corruption (NAPC)
The NACP exercises anti-corruption control over the financing of election campaigns. Its main functions include:
- Audit of financial reports: The NACP audits the financial statements of candidates and political parties.
- Investigation of violations: The NACP investigates cases of violations of financial regulations and imposes appropriate sanctions.
Problems and challenges
Insufficient transparency
Despite the existence of legal provisions, the problem of lack of transparency remains relevant. Often, financial reports do not reflect the actual expenses of candidates, which makes it difficult to control funding.
Political influence
Campaign finance can become an instrument of political influence and manipulation.
