§ Section 34(untitled)

en · 2,203 chars · active
Liability for the
Failure to Comply with the Restrictions on the Use of
Administrative Resources
(1) Officials or employees of State authorities or authorities
of derived public entities or capital companies in which capital
shares (stocks) belong to the State or a derived public entity,
and also of capital companies in which capital shares (stocks)
owned by one or more State capital companies or capital companies
of derived public entities individually or collectively exceed 50
per cent who have used the funds or property of the relevant
authorities unlawfully, by violating the restrictions on the use
of administrative resources laid down in this Law, shall bear the
liability laid down by the law for the the failure to comply with
the restrictions on the use administrative resources in
pre-election campaigns.
(2) The funds and property used unlawfully by violating the
restrictions on the use of administrative resources in
pre-election campaigns laid down in this Law shall be under the
jurisdiction of the State by presuming that the official or
employee has caused such harm to the State administrative order
by violating the restrictions on the use of administrative
resources determined by the State as is to be evaluated in
financial terms and corresponds to the value of financial
resources or property used in a prohibited manner.
(3) In accordance with the provisions of this Section,
officials or employees referred to in this Section have the
obligation to reimburse the losses caused.
(4) The Corruption Prevention and Combating Bureau shall
demand the reimbursement of the losses in accordance with the
Administrative Procedure Law by issuing administrative act on the
reimbursement of losses caused and conducting activities for the
enforcement of the administrative act as set out in the laws and
regulations. The enforcement thereof shall be ensured through a
bailiff.
(5) Losses from officials or employees shall be recovered
irrespective of whether the relevant officials or employees are
held administratively liable for the violation of the provisions
of this Law.
[11 June 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 4 of
Transitional Provisions]

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