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Article 152
 

Procedure for Formation of an Electoral Fund of a Party or an MP Candidate and Use of Its Resources



  1. The electoral fund of a party shall be formed from its own resources, resources of MP candidates included in a party’s electoral lists, as well as voluntary donations from natural persons, which, according to the Law of Ukraine “On Political Parties in Ukraine” shall be entitled to make donations in support of parties.


An MP candidate’s electoral fund shall be formed from his or her own resources, own resources of a party, in the electoral list of which he or she is included, as well as voluntary donations from natural persons, which, according to the Law of Ukraine “On Political Parties in Ukraine” shall be entitled to make donations in support of parties.


Voluntary contributions shall be made exclusively in monetary form.


The total amount of the candidate’s own resources may not exceed the maximum amount of the voluntary donation made by a natural person in support of a party’s in a given year, as established by the Law of Ukraine "On Political Parties in Ukraine”.


The own resources of a party that nominated the list of MP candidates shall be limited only by the size of the electoral fund.



  1. A voluntary donation to the electoral fund shall not exceed the amount of maximum donation in support of a party during one year, established by the Law of Ukraine “On Political Parties in Ukraine”.


If a natural or a legal person exercises or may exercise a decisive influence on activities of one or more legal entities (in particular, if such a person is an ultimate beneficial owner (controller) of a legal entity), the donations of such natural or legal person or legal entities under their control shall be considered to be a donation from the same person and shall be limited by the amount of maximum donation in support of a party during one year, established by the Law of Ukraine “On Political Parties in Ukraine”.


Restrictions, other than those established by this Article, including restrictions deriving from the financial and banking legislation, shall not be applied to the formation of the electoral funds.



  1. It shall be prohibited for persons, which, in accordance with the Law of Ukraine “On Political Parties” shall not be entitled to make donations in support of parties, to make voluntary donations to the electoral funds.

  2. Donations to the electoral fund may be made by natural or legal person exclusively in cashless form by way of transferring the respective amount to the account of the electoral fund.


If the voluntary donation is made by a natural person, the chosen method of banking transaction must provide the possibility of identification of this natural person (including if such banking operations are performed by a natural person using the Internet).


The document formed as a result of such a banking transaction must contain the following information: first name, last name, and (if any) patronymic name, citizen’s address and place of residence, registration number of a taxpayer’s account card or identification number in the State Register of Individual Taxpayers (for persons who on the ground of their religious beliefs refused to accept a registration number of a taxpayer’s account card and notified the respective supervisory authority thereof, having obtained a respective record in his or her passport shall provide series (if any) and number of the passport of citizen of Ukraine, with a record on refusal to accept an identification number or a passport number with record on refusal to accept a registration number of a taxpayer’s account card in electronic contactless carrier), date of birth, an amount (sum) of the donation, a purpose of the transaction.



  1. A voluntary donation shall be transferred by a banking institution or a post office to the accumulation account of a party’s electoral fund no 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 account of the electoral fund shall not exceed two banking days.

  2. The manager of the accumulation account of a party’s electoral fund, or the current account of an MP candidate’s electoral fund may refuse to accept a voluntary donation to an electoral fund, submitting an application to that effect appended with the payment document 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.

  3. In case of receipt of a donation exceeding the amount established by Part two of this Article, the amount exceeding the established amount shall be returned by a banking institution, in which the account of the electoral fund has been opened, based on the respective application and a payment document, submitted by the manager of the respective account of the electoral fund, to a person who made the donation, at the expense of his or her voluntary donation or, if such return is impossible, shall be transferred to the State Budget of Ukraine.

  4. The manager of the respective account of the electoral fund shall be obliged to reject a donation from a natural person who under this Code has no right to make a voluntary donation, within three working 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 has been opened shall transfer such voluntary donation to the State Budget of Ukraine.

  5. The resources of a party’s electoral fund or an MP candidate’s electoral fund shall be used by a party or an MP candidate for financing their election campaigns, including financing campaigning activities. A banking institution in which the current account of a party’s electoral fund has been opened, shall, no later than on the fifth day following the day of voting, transfer the funds unused by the party to the accumulation account of the respective electoral fund.

  6. The unused resources of a party’s electoral fund, based on a decision of the governing body of a party, which shall be made within ten days from the day of the official promulgation of the results of elections of MPs by the Central Election Commission, shall be returned from the accumulation account of a party’s electoral fund to the current bank account of a party, no later than within five days from the date of receipt by a banking institution of the respective decision of a party. Should a party fail to make such a decision within the specified time period, the unused resources of a party’s electoral fund shall be transferred by a banking institution to the State Budget, on the fifteenth day following the day of the official promulgation of the results of elections of MPs by the Central Election Commission.


The unused resources of an MP candidate’s electoral fund, shall, no later than within three days following the official promulgation of the results of elections of MPs by the Central Election Commission, be transferred by a banking institution to the respective candidate:


1) in full, if the amount of resources unused by an MP candidate, does not exceed the amount of funds paid by him or her to his or her own electoral fund;


2) in the amount which equals the amount of resources contributed by him or her to his or her own electoral fund, if the amount of resources unused by an MP candidate exceeds the amount of resources contributed by him or her to his or her own electoral fund.


The resources remaining in the account, following the transfer of funds to an MP candidate, shall be transferred by a banking institution to the State Budget within the same period.


11. In the case of cancellation of the decision on the registration of an MP candidate (MP candidates) the remaining resources of a party’s electoral fund or an MP candidate’s electoral fund, shall, after the tenth day following the adoption of the respective decision, be indisputably transferred to the State Budget.


12. A donation received in the electoral fund after the day of voting shall be returned by a banking institution to the respective 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.