Home > 2.9 Electoral offences and sanctions > ARMENIA - Joint Opinion on the Draft Amendments to the Legislation Concerning Political Parties
 
 
 
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Paragraph 47
 

The legislative package submitted for review also contains proposed amendments to both the Criminal Code and the Code on Administrative Offences. While criminal sanctions should be reserved for serious violations that undermine public integrity, there should be a range of administrative sanctions available for the improper acquisition or use of funds by parties.57 It is admissible for a State to establish criminal or administrative offences specifically related to violations of political party regulations. However, new criminal provisions should only be established following a thorough needs assessment to account for legal certainty. It is also remarked that financial/administrative sanctions are, in many cases, as effective as criminal sanctions. Regardless the type of sanction imposed on a political party, legislation should specify the procedures for appealing a decision affecting the rights of a political party.58


57 Guidelines on Political Party Regulation para 217.
58 Guidelines on Political Party Regulation para 233.