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Article 38

Conditions and manner of financial support of electoral campaigns

Indirect or indirect financing, material support through other forms of the electoral campaigns of electoral competitors by natural persons and legal entities from the country shall be done respecting the following conditions:

financial means and other forms of material support of activity of electoral competitors in elections shall be declared in press in a one month term after the beginning of the electoral campaign; in case parliamentary elections – shall be declared in a publication circulating nationwide; in case of an independent candidate or in a list of candidates while local elections – in a regional or district publication;

after constituting the council or the respective electoral committee, the electoral competitors shall be obliged also to declare the financial means and other forms of material support, received from sources mentioned in the present article, prior to making use of it;

The electoral competitor shall open a bank account indicating “Electoral Fund”, transferring his own financial means, pecuniary amounts received from natural persons and legal entities from the country. The payment of such sums on the account of the electoral competitor may take place only with the prior consent of the latter. The Central Elections Commission shall determine the limit of means, which may be transferred to the fund of the electoral competitor.

The electoral competitor shall confirm at the Central Elections Commission a person           responsible for financial means (treasurer). The electoral competitor who does not open an account named “Electoral Fund” shall inform about this the Central Elections Commission. 

Legal entities may transfer pecuniary amounts to the account “Electoral Fund” only by transfer, with an informative note about the presence or the lack of the foreign share in the statutory capital.

The electoral campaigns may not be financed or supported materially by:

citizens of the Republic of Moldova under the age of 18 years;

organizations financed from the budget;

anonymous persons;

charity funds of religious organizations.

Natural persons and legal entities may not order advertising materials for and in favor of electoral competitors or to cover expenses ancillary to produce these without the consent of electoral competitors on the basis of financial means which have not been transferred on the account “Electoral Fund” of the respective candidates.

Financial means transferred on the account “Electoral Fund” may not be used for personal purposes. Electoral competitors are forbidden to offer to the voters money, presents, to distribute free of charge goods, including those originating from humanitarian aid or from other charity actions.

The electoral competitors shall present once in two weeks to the respective electoral authorities financial reports, which shall include information revenues and expenditures done according to the destination.

The bank shall inform the Central Elections Commission and the district electoral council about the financial means transferred on the account of electoral candidate within 24 hours after the transferal. The Central Elections Commission and district electoral council may request the Court of Audit or the Main State Tax Inspection of the Ministry of Finance to exercise control over the income sources, correctness of record and the due usage of finances by the electoral candidates.

Central Elections Commission or the district electoral councils shall keep record including all data provided for in this article and shall make it available for the public for information. In the same time, the respective electoral authority shall group all data in order to draw up a weekly report regarding to the amount of contributions received by each competitor as well as the sources of the received financial means. Two days before elections, the respective electoral authority shall draw up a pre-electoral final report and a summarizing report, which includes all available data concerning the amount and sources of financial means received by the electoral competitors.

[Article 38 as amended by the Law no.796-XV from 25.01.2002]

[Article 38 as amended by the Law no.1227-XIV from 21.09.2000]                    

[Article 38 as amended by the Law no.268-XIV from 04.02.1999]