Conditions and way of providing financial support for the work of initiative groups and election campaigns (1) The following sources may be used to finance the work of initiative groups and election campaigns: a) own financial means accumulated in the accounts of the political party at the start of the electoral period (levies, donations, subsidies, and other statutory income); b) donations; c) interest-free State loans. (2) The financing of initiative groups and election campaigns of electoral competitors or referendum participants by natural or legal persons shall be subject to the conditions laid down in this chapter and the regulations on the financing of initiative groups and election campaigns, approved by the Central Electoral Commission. (3) The responsibility for compliance with the conditions and way of providing financial support for the work of initiative groups or election campaigns, for recordkeeping of contributions and expenditure made, including the timely preparation and submission of reports on the financing of the activity of initiative groups and reports on campaign financing, in accordance with the conditions laid down in this chapter and the relevant legislative acts, shall be incumbent upon: a) leaders of political parties, as the case may be, other persons designated according to their constituent acts — if they nominate candidates in elections, set up initiative groups or register as referendum participants; b) persons with the power of representation/governing bodies of electoral blocks, designated according to their constituent agreements — if they nominate candidates in elections, set up initiative groups or register as referendum participants; c) candidates for the position of President of the Republic of Moldova; d) independent candidates; e) leaders of initiative groups who nominate and/or support candidates in elections or launching a referendum; f) persons responsible for the finances (treasuries) of initiative groups, electoral competitors or referendum participants, confirmed under the conditions of Article 55. (4) For infringements of the provisions of this Code and other legislative acts in the field of financing of the activity of initiative groups and election campaigns, the subjects referred to in paragraph (3) may be subject to legal liability, including criminal or administrative liability in accordance with the law. (5) The financing or material support in any form of the activity of initiative groups, election campaigns of electoral competitors or referendum participants shall be prohibited by: a) citizens of the Republic of Moldova under the age of 18 and citizens in respect of whom a guardianship measure has been established; b) natural persons who are not citizens of the Republic of Moldova; c) anonymous persons or on behalf of third parties; d) legal persons which, in the three years preceding the start of the electoral period, have concluded public works, supply or service agreements within the meaning of Law No 131/2015 on public procurement or which have received State aid within the meaning of Law No 139/2012 on State aid; e) non-commercial and trade union organisations, associations or foundations of the Republic of Moldova or abroad, charitable or religious organisations; f) public authorities financed from the public budget, public authorities/institutions as self-financing bodies, state enterprises and joint stock companies, the founders of which are central and local public authorities, state or municipal undertakings, in accordance with Law No nr.246/2017, or other legal persons financed from the public budget or having State capital, except where the provision of services or material support is expressly provided for by law; g) foreign legal persons, including foreign or joint ventures; h) other states or international organisations, including international political organisations. (6) Electoral competitors, referendum participants and initiative groups shall not be entitled to: a) offer to voters/supporters money, goods, including foodstuffs, alcoholic beverages and tobacco products, provide services or other benefits, including from humanitarian aid or other charitable actions, to determine the voter/supporter to exercise or not to exercise his/her electoral rights in elections/referenda; b) use for private purposes the financial means entered in the ‘Electoral Fund’/‘For the initiative group’ account; c) use financial means other than from the account ‘Electoral Fund’/‘For the initiative group’; d) use undeclared financial and material funds or excess expenditure over the overall ceiling laid down in Article 53; e) use administrative resources, with the exception of Article 70 (6); f) receive financial means into the ‘Electoral Fund’ account later than the day before election day. (7) The amounts received under paragraphs (5) and (6) shall be paid to the state budget, under a decision of the Central Electoral Commission. The Commission with the opinion of the Ministry of Finance shall approve the assessment methodology. (8) The materials and objects of electoral or campaign agitation referred to in Article 181 (3) of the Criminal Code do not fall within the category of property referred to in paragraph (6) (a). (9) Within 5 days of the start of the electoral period, media service providers, who have submitted statements to reflect the elections, must publish the conditions under which they offer advertising space (including price/minute) and other services related to electoral competitors, referendum participants or initiative groups, informing the Central Electoral Commission and the Audiovisual Council. The Central Electoral Commission shall publish this information on its official page. During the electoral period, media service providers are obliged to provide the Central Electoral Commission with weekly information on the political/electoral advertising revenues of each political party/electoral block/electoral competitor. (10) Within 5 days of the start of the electoral period, advertisers (legal persons), which are holders of private billboards, are obliged to publish the conditions under which they offer advertising space and other services related to electoral competitors, referendum participants or initiative groups, informing the Central Electoral Commission. The Central Electoral Commission shall publish this information on its official page. During the electoral period, advertisers (legal persons), holders of private billboards, are obliged to provide the Central Electoral Commission with weekly information on the revenue from political/electoral advertising of each political party/electoral block/electoral competitor. (11) Public authorities and institutions are required to provide support to the Central Electoral Commission and electoral constituency councils in their oversight and enforcement of legislation on the financing of initiative groups and election campaigns of electoral competitors/referendum participants.
§ Electoral Code art. 54Conditions and way of providing financial support for the work of initiative
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