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Article 215
 

Formation of an Electoral Fund


1. The electoral fund of a party organization that nominated the electoral list of candidates shall be formed from a party organization’s own resources, the contributions from candidates included in the electoral list of candidates from this party organization, as well as voluntary donations from natural persons.


The electoral fund of a local council candidate, a candidate for a village, settlement or city mayor, nominated by a party organization, shall be formed at the expense of his or her own resources, voluntary donations from natural persons, as well as the resources of the respective party organization.


The electoral fund of a local council candidate, a candidate for a village, settlement, or city mayor, nominated through self-nomination, shall be formed at the expense of his or her own resources, as well as voluntary donations from natural persons.


Restrictions as regards the amount and a number of transfer of funds to the account of the electoral fund shall not apply to either a party organization’s own funds or the own resources of a local council candidate, a candidate for a village, settlement or city mayor.


2. A voluntary donation made by one natural person to one electoral fund shall not exceed ten minimum salaries.


3. Voluntary donations to the electoral fund shall not be made by:


1) foreign citizens and individuals without citizenship;


2) anonymous donors (without indicating in the payment document the information specified by Part four of this Article);


3) legal entities, their branches, and representative offices.


4. A voluntary donation of a citizen of Ukraine to the electoral fund shall be accepted by a banking institution or a post office provided that he or she presents one of the documents specified in Part one of Article 8 of this Code. The payment document shall necessarily contain a person’s last name, first name (all first names), patronymic name (if any), date of birth, and address of the place of residence.


5. A voluntary donation shall be transferred by a banking institution or a post office to the 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 the cashless transfer of the contribution to the account of the electoral fund shall not exceed one banking day.


6. The manager of the respective account of the electoral fund may refuse to accept a voluntary donation from a natural person to the electoral fund, submitting an application to that effect appended with the payment document to the banking institution in which the 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 budget of the Autonomous Republic of Crimea or to the respective local budget.


7. In case of receipt of a donation from a natural person 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 budget of the Autonomous Republic of Crimea or to the respective local budget.


8. The manager of the respective electoral fund account shall reject a donation from a natural person who, under this Code, shall have no right to make a voluntary donation. 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 budget of the Autonomous Republic of Crimea or to the respective local budget at the expense of this donation.


9. Selective control over the receipt, accounting, and the use of the resources of the electoral fund shall be performed by the relevant territorial election commission and a banking institution in which the account of the electoral fund has been opened.


10. The bank in which the current account of the election fund of the party organization is opened, not later than on the third day after the election day, transfers the funds not used by the party organization to the cumulative account of the respective election fund.


The unused resources of the electoral fund of a party organization, on the basis of a decision of a party’s governing body, which shall be adopted within five days from the day of the official promulgation of the results of the local election, shall be transferred by the manager of the cumulative electoral fund to the current bank account of a party organization within three days from the date of adoption of the respective decision by a party organization’s governing body. Should a party fail to make such a decision, the unused resources of the electoral fund shall be indisputably transferred by a banking institution to the budget of the Autonomous Republic of Crimea or to the respective local budget, on the tenth day following the day of the official promulgation of the results of the respective local election by the territorial election commission.


No later than within five days from the date of the official promulgation of the results of the local election, the unused resources of the electoral fund of a candidate shall be returned by the manager of the cumulative account electoral fund to the current account of the respective candidate, which has been opened in a banking institution. In the event of failure to transfer those unused funds within the specified time period, they shall not be returned and shall be indisputably transferred by a banking institution to the budget of the Autonomous Republic of Crimea, or to the respective local budget, within ten days from the date of the official promulgation by the territorial election commission of the results of the respective election.


11. In the case of cancellation of the decision on the registration of a candidate, or a candidate’s withdrawal from the election, the unused resources of his or her electoral fund shall, upon a decision of the territorial election commission, be transferred to the budget of the Autonomous Republic of Crimea or to the respective local budget.


12. Voluntary donations received in the electoral fund later than in one day prior to the day of voting (or the day of repeat voting) shall be transferred by a banking institution to the budget of the Autonomous Republic of Crimea or to the respective local budget.