§ Section 10Liability for the Failure to Comply with this Law

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(1) [11 June 2020 / See Paragraph 33 of Transitional
Provisions]
(1¹) If the Corruption Prevention and Combating
Bureau establishes a violation of the provisions of Section 4,
Paragraph one of this Law, the director of the Corruption
Prevention and Combating Bureau has the obligation to assign the
relevant political organisation (party) to repay the illegally
acquired funds to the payer within 30 days and to return the
property to the giver thereof. If the political organisation
(party) fails to repay the illegally acquired funds to the payer
or return the property to the giver thereof within 30 days after
the time of notification of the relevant decision, the director
of the Corruption Prevention and Combating Bureau has the
obligation to assign the relevant political organisation (party)
to transfer the illegally acquired funds into the State budget
within 30 days, and to transfer the property into State
ownership. Upon a motivated request from the relevant political
organisation (party), the director of the Corruption Prevention
and Combating Bureau may divide the repayment of the funds into
periods or extend the period of repayment of funds, but not
longer than for 90 days.
(2) If the Corruption Prevention and Combating Bureau
establishes a violation of the provisions of Section 2,
Paragraphs one and three, Section 3, Paragraph one, Section 4,
Paragraph two, Section 6, Paragraphs one, two, three, five, and
six, and Section 7, Paragraphs one and three of this Law, the
director of the Corruption Prevention and Combating Bureau has
the obligation to assign the relevant political organisation
(party) to transfer the illegally acquired funds into the State
budget within 30 days, and to transfer the property into State
ownership in accordance with the procedures stipulated by the
Cabinet. Upon a motivated request from the relevant political
organisation (party), the director of the Corruption Prevention
and Combating Bureau may divide the repayment of the funds into
periods or extend the period of repayment of funds, but not
longer than for 90 days.
(2¹) If the Corruption Prevention and Combating
Bureau establishes a violation of provisions of Section
8.⁴ of this Law, the director of the Corruption
Prevention and Combating Bureau has the obligation to assign the
relevant political organisation (party) to transfer the funds
into the State budget within 30 days in such amount which
corresponds to the amount of pre-election expenditures exceeded.
Upon a motivated request from the relevant political organisation
(party), the director of the Corruption Prevention and Combating
Bureau may divide the transfer of the funds into periods or
extend the period for transfer of funds, but not longer than for
90 days.
(3) If the Corruption Prevention and Combating Bureau
establishes a received gift (donation) which has not been
disclosed in the annual statement of the political organisation
(party) and in the information on the received gifts (donations),
the director of the Corruption Prevention and Combating Bureau
has the obligation to assign the relevant political organisation
(party) to transfer the illegally acquired funds into the State
budget within 30 days and to transfer the property into State
ownership in accordance with the procedures stipulated by the
Cabinet. Upon a motivated request from the relevant political
organisation (party), the director of the Corruption Prevention
and Combating Bureau may divide the repayment of the funds into
periods or extend the period of repayment of funds, but not
longer than for 90 days.
(3¹) If the Corruption Prevention and Combating
Bureau identifies a violation of the provisions of Section
7.⁴ of this Law, the director thereof has the
obligation to assign the relevant political organisation (party)
to include the illegally spent State financial assets into the
State budget within 30 days. Upon a motivated request from the
relevant political organisation (party), the director of the
Corruption Prevention and Combating Bureau may divide the
repayment of the funds into periods or extend the period of
repayment of funds, but not longer than for 90 days.
(4) If the Corruption Prevention and Combating Bureau
identifies that a political organisation has repeatedly failed to
submit the declaration of revenues and expenditures of elections
referred to in Section 8.² of this Law or the annual
report, the director of the Corruption Prevention and Combating
Bureau has the obligation to issue a warning to the board of the
relevant political organisation (party) in writing within two
weeks.
(5) If a political organisation (party) fails to fulfil the
obligation laid down in Paragraphs 1.¹, two,
2.¹, and three of this Section within the time limit
laid down by the Corruption Prevention and Combating Bureau or
within a month after sending a warning fails to submit the
declaration of revenues an expenditures of elections referred to
in this Law or the annual statement, the director of the
Corruption Prevention and Combating Bureau has the obligation to
initiate suspension of the activity of the relevant political
organisation (party) through court within a month.
(6) If the political organisation (party) fails to comply with
the court decision on the suspension of activity or fails to
prevent the violation of law in the period specified by the
court, the director of the Corruption Prevention and Combating
Bureau has the obligation to initiate termination of the activity
of the relevant political organisation (party) through court.
(7) The director of the Corruption Prevention and Combating
Bureau may take the decision referred to in Paragraph
1.¹ of this Section to repay the acquired funds to the
payer thereof and return the property to the giver thereof and
also the decisions referred to in Paragraphs two, three, and
3.¹ to transfer the funds into the State budget and
transfer the property into State ownership not later than within
four years from the day of committing of the violation. The
decision referred to in Paragraph 2.¹ of this Section
to transfer the funds into the State budget and transfer the
property into State ownership may be taken by the director of the
Corruption Prevention and Combating Bureau not later than within
four years from the day of submission of a declaration of
revenues and expenditures of elections to the Corruption
Prevention and Combating Bureau.
[12 February 2004; 18 May 2006; 17 July 2008; 10 June 2010;
29 November 2012; 11 June 2020 / See Paragraph 33 of
Transitional Provisions]

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