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Article 50
 

Formation of an Electoral Fund and Use of Its Resources


1. The electoral fund of a party shall be formed from the party’s own resources, as well as voluntary donations from natural persons. The electoral fund of an MP candidate in a single-mandate election district shall be formed from his or her own resources, as well as voluntary donations from natural persons (hereinafter, “voluntary donations”).


2. Voluntary donations and own resources of a party or an MP candidate in a single-mandate district transferred to the respective account shall not be restricted in terms of the amount (within limits set for the amount of the electoral fund of a party or an MP candidate provided for in Part 1 Article 48 of this Law) and the number of transfers.


CDL-REF(2016)040


{Part 2 Article 50 in the wording of the Law № 709-VII dd. 21.11.2013}


3. Voluntary donations to the electoral fund shall not be made by: 1) foreign citizens and individuals without citizenship; 2) persons using pseudonyms and anonymous donors (without indicating in the payment document the information specified by Part 4 of this Article). {Clause 2 Part 3 Article 50 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


4. A voluntary donation to an electoral fund in an amount not exceeding the limit established in Part 2 of this Article shall be accepted by a banking institution or a post office on condition of submission by the citizen of one of the documents specified in Clauses 1 or 2 Part 3 Article 2 of this Law. The payment document shall necessarily contain the last name, first name, patronymic, date of birth, place and address of residence of the individual.


5. A voluntary donation shall be transferred by a banking institution or a post office to the accumulation account of the electoral fund of a party or to the current account of an MP candidate in a single-mandate election district not later than on the next business day following the day of the receipt of the respective payment document. The overall term for cashless transfer of the contribution to the respective account of the electoral fund shall not exceed two banking days.


6. The manager of the respective account of the electoral fund may refuse to accept a voluntary donation made by an individual, submitting an application to that effect to the banking institution in which the respective account of the electoral fund has been opened. Such voluntary donation shall be returned to the individual at the expense of his or her voluntary donation or, if such return is impossible, shall be transferred to the State Budget of Ukraine.


7. The manager of the respective electoral fund account shall reject a donation from a natural person who under this Law has no right to make such voluntary donation, or when the amount of donation exceeds the amount provided for in Part 2 of this Article, within three days following the day when the manager becomes aware thereof. Based on the manager’s application rejecting the donation for such a reason, the banking institution in which the respective account of the electoral fund was opened shall transfer such voluntary donation to the State Budget of Ukraine. {Part 7 Article 50 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


8. A banking institution in which the accumulation account of a party’s electoral fund has been opened shall transfer the funds from the accumulation account to the current accounts of the same electoral fund on the basis of an application by the manager of the accumulation account of the electoral fund.


9. Control of the receipt, accounting, and use of resources of the electoral funds of parties shall be exercised by the Central Election Commission. District election commissions shall exercise control of formation and use of resources of the electoral funds of MP candidates in the respective single-mandate districts. Control of the receipt, accounting and use of resources of the electoral funds shall also be exercised by the banking institutions, in which the electoral fund accounts were opened. A banking institution in which the electoral fund account was opened shall provide information to the respective election commission about the receipt and use of resources of the electoral fund.


CDL-REF(2016)040


Control of the receipt, accounting, and use of resources of the electoral funds of parties shall be exercised in accordance with the procedure approved by the Central Election Commission jointly with the National Bank of Ukraine and a central executive body responsible for the state policy development in the area of postal services provision. {Part 9 Article 50 in the wording of the Law № 709-VII dd. 21.11.2013}


10. No later than on the fifth day following the day of voting, the banking institution in which a current account of an electoral fund has been opened shall transfer the funds not used by the party to the accumulation account of the respective electoral fund.


11. Based on a decision of the governing body of a party, which shall be adopted within ten days after the day of the official promulgation of the election results, the resources of the party’s electoral fund that have not been used by the party shall be transferred from the accumulation account of the party’s electoral fund to the party’s current banking account within five days from the receipt of the party’s respective decision by the banking institution. Should a party fail to adopt such a decision within that period, the unused funds of the party’s electoral fund shall be transferred by the banking institution to the State Budget of Ukraine on the fifteenth day following the day of the official promulgation of the election results by the Central Election Commission.


12. Donations transferred to the accumulation account of a party’s electoral fund later than one day prior to the day of voting shall be returned by the banking institution to the respective natural person at the expense of his or her voluntary donation or, if such return is impossible, shall be transferred to the State Budget of Ukraine.


13. Within three days after the official promulgation of the election results in a single-mandate election district, the resources of an electoral fund of an MP candidate in a single-mandate election district that have not been used by him or her shall be transferred by the banking institution to the respective candidate: 1) the total amount – in the event when the amount of resources not used by the MP candidate in a single-mandate district does not exceed the amount he or she donated to the electoral fund; 2) the amount he or she donated to the electoral fund – in the event when the amount of resources not use by the MP candidate in a single-mandate district exceeds the amount he or she donated to the electoral fund. The funds remaining after the transfer to the MP candidate in a single-mandate district shall be transferred within the same period by the banking institution to the State Budget of Ukraine. {Part 13 Article 50 in the wording of the Law № 709-VII dd. 21.11.2013}


14. In case of cancellation of the decision on the registration of an MP candidate in a singlemandate election district, any resources remaining in his or her electoral fund shall be transferred to the State Budget of Ukraine on the eighth day following the day of the publication of the respective decision.


15. Donations transferred to an electoral fund after the day of voting (or, if the MP candidate was included in the ballot paper for a repeat voting, after the day of the repeat voting) shall be returned by the banking institution to the respective natural person at the expense of his or her voluntary donation or, if such return is impossible, shall be transferred to the State Budget of Ukraine.


CDL-REF(2016)040