Home > 2.1 The competent bodies and their tasks > MOLDOVA - Electoral Code 2016 and 2017 Law for Amending and Completing Certain Legislative Acts (Electoral System for the Election of Parliament)
 
 
 
Download file    
 
 
Article 38
 

Terms and Conditions of Financial Support for Electoral Campaigns


(1) For the purpose of nancing the activity of political parties and electoral campaigns, only nancial resources obtained from labour, entrepreneurial, scienti c or creative activities undertaken on the territory of the Republic of Moldova may be used.


(2) Direct or indirect nancing and material support of any kind, of the electoral campaigns of the electoral contestants by individuals or legal entities shall be
provided under the following conditions: 


a)electoral contestant opens a bank account, named “Electoral Fund”, transferring to this account its own funds as well as other funds received in accordance with the law from individuals, citizens of the Republic of Moldova, or from legal entities from the country, and noti es the Central Electoral Commission about the designated person responsible for its nances (treasurer). The electoral candidates themselves cannot be appointed as treasurers.


b)the account named “Electoral Fund” can be opened also before the registration of the electoral candidate, under the condition that the incomes and expenditures from this account are incurred only aer the registration of the electoral contestant;


c) electoral contestant who does not open a bank account named “Electoral Fund” informs the Central Electoral Commission about this and carries out only campaign and promotional electoral activities that do not incur financial costs;


d) the overall cap of the funds that can be transferred to the “Electoral Fund” account of the electoral contestant shall be set by the Central Electoral Commission, taking as basis for its calculation a coefficient multiplied by the number of voters in the electoral constituency where the elections are held;


e) the caps for donations from individuals and legal entities to the “Electoral Fund” account for an electoral campaign are set respectively to 200 and 400 monthly average salaries per national economy set for the respective year;


f) legal entities may transfer money to the “Electoral Fund” account only through bank transfer, which is to be accompanied by a note on the existence or non-existence of a foreign share in the statutory capital, and a statement of personal liability related to non-existence of restrictions set in letter d);


g) the legal entity transferring money to the “Electoral Fund” account shall inform its shareholders or members about the performed operations;
h) the donations provided in cash by individuals shall be accompanied by a completed annex attached to the accounting documents of the supported electoral contestant. The template of the respective form for cash donations shall be approved by the Central Electoral Commission;


i) the financial means from the electoral fund can be used only aer their declaration to the Central Electoral Commission or to the District Electoral Council, in case of independent candidates in local elections;


j) the funds transferred to “Electoral Fund” accounts cannot be used for personal purposes.


(3) any kind of direct or indirect financing or material support to the political parties’ activity, of electoral campaigns/electoral contestants is prohibited if it is
offered by: 


a) foreign legal entities, including joint venture entities, other states or international
organizations, including international political organizations;


b) citizens of the Republic of Moldova under the age of 18 years, citizens with limited capacity of exercising their rights or declared incapable by a final court decision;


c) individuals, citizens of the Republic of Moldova, from revenues obtained outside the country;


d) public authorities, organisations, enterprises, public institutions, other legal entities funded from the public budget or having state capital, except for the cases when provision of the services or material support is prescribed directly in the legislation;


e) legal entities which, one year before the start of the electoral period, have carried out activities !nanced or paid from public means (funds), as well as by legal entities with foreign or joint capital;


f) anonymous persons or persons acting on behalf of third parties;


g) individuals who are not citizens of the Republic of Moldova;


h) non-commercial organizations, trade unions, charity or religious organisations.


(4) All expenses associated with the electoral campaign shall be paid from the “Electoral Fund” account.


(5) Electoral contestants are prohibited to offer money to voters, to distribute material goods to them free of cost, including from humanitarian aid or other
charity actions. 


(6) The provisions set in para. (5) shall not be applied in case of the symbolic gifts, representing electoral or political advertising, paid from the reported funds in the “Electoral Fund” account, having the logo of the electoral contestant and the market value of which does not exceed 2 conventional units.


(7) The bank in which “Electoral Fund” accounts are opened shall inform the Central Electoral Commission about the funds transferred to electoral contestants’ accounts on daily basis or upon the request of the Commission.


(8) Within a period of 5 days since the launch of the electoral period, the radio broadcasters are obliged to advertise the conditions under which they provide
to the electoral candidates, advertising space (including price/minute) and other related services by informing the Central Electoral Commission and the Audio-visual Coordination Council. #e Central Electoral Commission shall publish this information on its official webpage.


(9) The public authorities and institutions are obliged to support the Central Electoral Commission and the District Electoral Councils in their activity of monitoring and control over the enforcement of the legislation on funding of electoral campaigns.


(10) The provisions of the present Code related to the conditions, modality, restrictions, and responsibility for !nancing electoral campaigns of the elections’
candidates, electoral contestants, and referenda shall be applied in the corresponding way to the initiative groups as well. The regulation on €nancing initiative groups for collecting signatures to support a candidate for an elective position or for initiating a referendum shall be approved by the Central Electoral Commission.