III. Comments on the Text on the Draft Electoral Law 

E. Financing of elections

Oversight over the adherence by electoral subjects to legal requirements on reporting on the receipt and use of electoral funds is exercised by the CEC. However, there is no indication as to what action the CEC is obligated to take in relation to the reports and no deadline is envisaged for reviewing them. The draft electoral law does not establish any liability for failure to submit reports and only requires the CEC or the relevant DEC to report violations to “relevant law-enforcement bodies, which shall hold an inquiry and react in accordance with the law.” The additional amendments sent to the Venice Commission and the OSCE/ODIHR on 15 May 2013 propose several other changes in this respect; Article 50.7 establishes that the manager of the electoral fund must refuse contributions that are not in conformity with the law. The CEC and the DECs will exercise a ‘selective control’ over the receipt, accounting and use of resources of parties or candidates in single-mandate constituencies according to Article 50.9, under the procedure established by the CEC jointly with the National Bank of Ukraine and the central executive power. Finally, Article 61 introduces the failure to submit financial reports or the entry of invalid data as possible reasons for issuing a warning to candidates. There is no further specification whether these actions could lead to cancellation of registration.