Home > 2 Organising the elections > UKRAINE - Joint Opinion on the Draft Law No. 3366 about Elections to the Parliament
 
 
 
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Paragraph 58
 

According to Article 49, contributions which exceed the maximum limit allowed, or contributions which are voluntarily refused by the party, are returned to the contributor. If an attempt to return such contributions fails, then the money will be allocated into the State budget of Ukraine. However, per Article 49.8, contributions made by persons with no legal right to contribute are not returned to the attempted contributor. Rather, they are allocated directly to the State budget of Ukraine. This provision seems to constitute, in practice, a sanction for improper contribution without first providing an investigation or legal judgement. The provision should be amended to come in line with the standard practice of attempting to return the money to the contributor, or should allow for legal procedures to substantiate the improper nature of this contribution prior to the forfeiture of such funds to the State budget.