Procedure for Formation of an Electoral Fund and Use of Its Resources
1. The electoral fund of a candidate for President of Ukraine shall be formed from his or her own resources, resources of a party that nominated him or her, 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 size of the electoral fund of a candidate for the post of President of Ukraine may not exceed ninety thousand minimum salaries, as established on January 1 of the respective year.
2. A voluntary donation to the electoral fund of a candidate for President of Ukraine nominated by a political party or self-nominated 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 an electoral fund of a candidate for President of Ukraine.
3. 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 an electoral fund of a candidate for President of Ukraine.
4. A banking institution or a post office shall not accept a voluntary donation to the electoral fund a candidate for President of Ukraine, exceeding the amount established by Part two of this Article.
The document formed as a result of such a banking transaction must contain the following information: last name, first name, (if any) patronymic name, 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 a respective supervisory authority thereof, having obtained a relevant 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.
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).
5. A voluntary donation shall be transferred by a banking institution or a post office to the accumulation account of the 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 of a candidate for President of Ukraine shall not exceed two banking days.
6. The manager of the respective account of the 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 accumulation 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. 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 accumulation 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.
8. The manager of the respective electoral fund account shall 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.
9. The resources of the electoral fund shall be used by a candidate for President of Ukraine to finance his or her election campaign, including election campaigning.
10. The unused resources of the electoral fund of a candidate for President of Ukraine, nominated by a party, shall be returned to the current account of the respective party, based on his or her written application, which shall be submitted no later than the tenth day following the official promulgation of the results of the election, bearing his or her signature, the authenticity of which shall be certified in the manner prescribed by the Law, to a current account of a respective party, no later than within five days from the date of receipt of such application. Should a candidate for President of Ukraine fail to submit such an application within the specified time period, the unused resources of the electoral fund shall be indisputably transferred by a banking institution to the State Budget on the fifteenth day following the official promulgation of the results of the election by the Central Election Commission (or on the fifteenth day following the publication of a decision on calling the repeat voting, for candidates not included on the ballot for repeat voting). The unused resources of the electoral fund of a candidate for President of Ukraine, nominated by self-nomination, shall, no later than the tenth day following the official promulgation of the results of the election, be transferred to the State Budget.
11. In the case of cancellation of the decision on the registration of a candidate for President of Ukraine the unused resources of his or her electoral fund shall, no later the tenth day following the adoption of the relevant decision, shall be indisputably transferred to the State Budget.
12. A donation received in the electoral fund after the day of voting (or after the day of repeat voting, if a candidate for President of Ukraine has been included on the ballot for repeat voting) shall be returned by a banking institution to a 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.