CHAPTER Thirty
Seven. Preparation for Municipality Elections
Article
224. Special Requirements for Candidates
of Political Parties, Blocks of Political
Parties to Municipal Membership for Conducting
Pre-election Campaign
Article
225. Election funds of Political Parties,
Blocks of Political Parties and Candidates
to Municipal Membership
Article
226. Special Accounts of Political Parties,
Blocks of Political Parties and Candidates
to Municipal Membership
Article
227. Cancellation of the Single Election
Fund
Article
228. Transparency in Usage of Money from
Election Funds of Political Parties, Block
of Political Parties and Candidates to
Municipal Membership
Article
229. Order of Return of Funds Received
by Candidates to Municipal Membership,
Political Parties, Blocks of Political
Parties
Article
230. Obligations on Return of Budget Funds
Received by Candidates to Municipal Membership,
Political Parties, Blocks of Political
Parties and Registered Candidates for
Member of Municipality
Article
231. Payment of Cost of Free Airtime and
Free Space in Periodicals by Candidates
to Municipal Membership, Political Parties
and Blocks of Political Parties
Article
232. Money Remaining in Special Accounts
of Election Funds of Candidates to Municipal
Membership, Political Parties, Blocks
of Political Parties
Article
233. Return of Money by Candidates to
Municipal Membership, Political Parties,
Blocks of Political Parties, at their
Own Expenses
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Article 224.
Special Requirements for Candidates of Political
Parties, Blocks of Political Parties to Municipal
Membership for Conducting Pre-election Campaign
224.1 Participation of candidates for membership
of a municipality in the pre-election campaign
shall be regulated by Chapter 13 of this Code.
224.2 1/3 of total free airtime allocated by TV
and radio companies should correspondingly be
provided to the political parties and block of
political parties, which have registered candidates
in more than 1/3 or in more than half of municipalities,
to conduct discussions, round tables and other
campaigning actions, taking into consideration
provisions of Articles 77.2 and 77.3 of this Code.
224.3 Airtime for joint election campaign activities
on the channels of TV and radio companies mentioned
in Articles 77.2 and 77.3 of this Code shall be
allocated and calculated for political parties
and block of political parties, and performed
separately. The political parties and block of
political parties should use such free airtime
on equal basis. In this case, the volume of free
airtime for each candidate, political parties
and block of political parties is defined separately.
224.4 The norm of paid use of the airtime allocated
by TV and radio companies specified in the Article
71.1 of this Code shall be determined by dividing
the total volume of free space by total number
of candidates for membership of a municipality
specified in Article 77.4 of this Code.
224.5 Candidates for membership of a municipality
can use the space that is allocated in the periodicals
mentioned in Article 71.1. of this Code and shall
be determined by dividing the total number of
candidates for membership of a municipality in
compliance with Article 77.4. of this Code, on
the basis of payment.
224.6 Refusal of the registered candidates, political
parties and block of political parties, which
have registered candidates in more than one third
or half of municipalities from participation in
actions mentioned in Article 224.2 of this Code
shall not cause increase of free airtime allocated
in accordance with Article 80.6.
Article 225.
Election funds of Political Parties, Blocks of
Political Parties and Candidates to Municipal
Membership
225.1 Election funds of candidates for member
of a municipality can be formed through the following
monetary means:
225.1.1 The amount of special funds of candidates
for membership of a municipality
• not more than 10000 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day – for candidates for membership
of a municipality mentioned in Article 215.1.1
• not more than 7500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
• not more than 5000 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
• not more than 750 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.1.2 election funds of political parties or
blocks of political parties with nominated candidates
for membership of a municipality amounting to:
• not more than 7500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.1.;
• not more than 5000 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
• not more than 3750 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
• not more than 500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.1.3 funds allocated by a Constituency Election
Commission on equal basis to candidates for membership
of a municipality at latest within 3 days after
the registration of candidates is over, except
for the cases defined by Article 233.8 of this
Code;
225.1.4 voluntary donations from citizens not
more than 500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the Election Day.
225.1.5 voluntary donations of legal entities
that are:
• not more than 10000 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.1.;
• not more than 7500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
• not more than 3750 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times theconventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
• not more than 750 times the conventional financial
unit, which is in force on the day of official
publication of the decision on determination of
the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.2. Maximum limit of the funds of candidates
for membership of a municipality cannot exceed:
• 50000 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.1;
• 37500 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.2.;
• 25000 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.3.;
• 12500 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.4.;
• 7500 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.5.;
• 5000 times the conventional financial unit,
which is in force on the day of official publication
of the decision on determination of the election
day - for candidates for membership of a municipality
mentioned in Article 215.1.6.
225.3 Municipalities can allocate funds of equal
amounts, to election funds of candidates nominated
within their territory.
225.4 Political parties and blocks of political
parties, which have nominated or registered candidates
on more than one third of municipalities, can
create a unified election fund.
225.5 Election funds of political parties and
blocks of political parties can be organized from
the following monetary means:
225.5.1 the special funds of political parties
and block of political parties — the amount of
the special funds cannot be more than 250 thousand
times the conventional financial unit, which is
in force on the day of official publication of
the decision on determination of the elections
(these special funds of the block of political
parties can be formed from funds provided by the
political parties that constitute the block);
225.5.2 funds allocated for political parties
and block of political parties by the Central
Election Commission, except the cases considered
by this Code;
225.5.3 voluntary donations of citizens and legal
entities. Limit of voluntary donations cannot
be more than 750 times the conventional financial
unit for citizens and 25000 times the conventional
financial unit for legal entities, which is in
force on the day of publication of the decision
on determination of the elections.
225.6 The maximum limit of the election fund assets
of a political party or block of political parties
shall be determined through multiplying the amount
stipulated in Article 225.3 of this Code by the
number of nominated or registered candidates.
In any case, the maximum limit of the election
fund assets of a political party or block of political
parties cannot exceed 500,000 times the conventional
financial unit, which is in force on the day of
publication of the decision on determination of
the elections. At the same time, the amount expended
for each candidate should not exceed the amount
provided for in Article 225.3 of this Code. Observance
of this condition should be indicated in financial
statements of political parties or blocks of political
parties.
Article 226.
Special Accounts of Political Parties, Blocks
of Political Parties and Candidates to Municipal
Membership
226.1 Candidates for membership of municipality
should open special accounts for creating their
election fund within 5 days after they submit
to the Constituency Election Commission a notification
on commencing of collection of signatures.
226.2 The political parties, which intend to open
a single election fund for the candidates shall
open a special election account to form the unified
election fund, within 5 days after they submit
to the Central Election Commission the list of
the candidates nominated in more than 1/3 of municipalities.
226.3 A candidate, political party, block of political
parties shall open a special election account
on the basis of the verified copy of the notification
of the Constituency Election Commission on nomination
of a candidate, and upon attaching thereto the
documents specified in Articles 53 and 54 of this
Code. The candidate, political party, block of
political parties can assign its authorized representative
to open the special election fund. The candidate,
registered candidate, political party, block of
political parties can entitle another person to
use the funds from its election account, through
informing the Constituency Election Commission
(the Central Election Commission) in writing.
226.4 If the municipality, where the candidate
or registered candidate is nominated, changes,
he/she should return the balance remaining in
the special election account by distributing it
proportionally among the persons and legal entities
that contributed voluntary donations. After doing
this, the candidate or the registered candidate
should submit a final financial report to the
Constituency Election Commission. Opening a new
special election account shall be regulated in
conformity with the rules defined by this Code.
Article 227.
Cancellation of the Single Election Fund
If the number of candidates registered in municipalities,
of a political party or block of political parties
which created an unified election fund, covers
half or less than half of the municipalities,
the special election account of the political
party, block of political parties shall be closed,
and concurrently a special election account be
opened for each candidate and assets of the unified
election fund proportionally divided among the
election funds of the candidates.
Article 228.
Transparency in Usage of Money from Election Funds
of Political Parties, Block of Political Parties
and Candidates to Municipal Membership
228.1 The following information on the election
fund of the candidate to municipal membership
should necessarily be published by the mass media
means mentioned in Article 77.4 of this Code:
228.1.1 on the financial report about usage of
election fund of a candidate for a membership
of a municipality if its amount is more than thousand
times the conventional financial unit which is
in force on the date decision on determination
of election day is officially published;
228.1.2 on the legal entities who contributed
donation, which is more than 2500 times the conventional
financial unit which is in force on the date the
decision on determination of the election day
is officially published, to the election fund
of a candidate for membership of a municipality
(in this case, possibility of transfer of funds
through several installments of donations should
be taken into account);
228.1.3 on the number of citizens who contributed
donations, which are more than 250 times the conventional
financial unit, which is in force on the date
the decision on determination of the election
day, is officially published, to the election
fund of a candidate for membership of a municipality;
228.1.4 on the funds returned to the contributors
and on the grounds for return;
228.1.5 the total amount of money received by
the election fund of a candidate for membership
of a municipality and the total amount expended;
228.2 The following information about the political
party or block of political parties should necessarily
be published in mass media in conformity with
the rules mentioned in Article 77.2 or 77.3 of
this Code:
228.2.1 on the financial statement of expenditure
of funds, if the election funds exceed 10,000
times the conventional financial unit, which is
in force on the day of publication of the decision
on determination of the elections;
228.2.2 on the legal entities who contributed
donations to the election funds which exceed 5,000
times the conventional financial unit, which is
in force on the day of publication of the decision
on determination of the elections (in this case,
possibility of transfer of funds through several
installments of donations should be taken into
account);
228.2.3 on the number of citizens who contributed
donations more than 250 times the conventional
financial unit which is in force on the day of
publication of the decision on determination of
the elections;
228.2.4 on the funds returned to the contributors
and the grounds for return;
228.2.5 on the total amount received by the election
fund and the total amount of its expenditures.
Article 229.
Order of Return of Funds Received by Candidates
to Municipal Membership, Political Parties, Blocks
of Political Parties
Order of return of funds received by candidates
to municipal membership, political parties, blocks
of political parties shall be regulated by Articles
90.5-90.7 of this Code.
Article 230.
Obligations on Return of Budget Funds Received
by Candidates to Municipal Membership, Political
Parties, Blocks of Political Parties and Registered
Candidates for Member of Municipality
A candidate for membership of a municipality who
participated in voting and received at least 3%
of valid votes of total number of voters or who
is considered to be elected, as well as a registered
candidate for membership of a municipality, political
party or block of political parties which have
registered candidates in more than half of municipalities
who withdrew candidacy due to compelling circumstances
shall be obliged to return unexpended part of
funds transferred to their election funds by the
Constituency Election Commission to this Constituency
Election Commission within 15 days after the election
day. After the funds are transferred, the funds
of the municipalities shall be returned within
15 days, in the mentioned manner. After this period
expires, the relevant bank should without any
dispute transfer the amount mentioned in Central
Election Commission’s letter or that of the relevant
municipality to their account.
Article 231.
Payment of Cost of Free Airtime and Free Space
in Periodicals by Candidates to Municipal Membership,
Political Parties and Blocks of Political Parties
231.1 The candidate, political party or block
of political parties not mentioned in Article
230 of this Code, should completely pay the costs
of free airtime and space allocated by TV and
radio companies and periodicals mentioned in Articles
77.2, 77.3 and 77.4 of this Code. The given cost
should be paid by the candidate, political party
or blocks of political parties from election funds
until the day a final financial report is submitted.
The Central Election Commission shall send the
following to the TV and Radio companies and offices
of periodicals mentioned in Articles 77.2, 77.3
and 77.4 of this Code within 3 days after the
general results of elections are officially published:
• the list of candidates, political parties or
blocks of political parties, as well as a list
of political parties included in the block of
political parties mentioned above;
• their addresses;
• verified copies of extracts from joint decisions
of blocks of political parties on payment of used
free airtime and space allocated by periodicals.
231.2 TV and radio companies and periodicals mentioned
in Articles 77.2, 77.3 and 77.4 of this Code shall
inform the candidates, political parties, blocks
of political parties as well as the political
parties included to block of political parties
not considered in Article 230 of this Code about
the cost of used free airtime, volume and cost
of used free space in periodicals, about their
legal address and bank information within 10 days
after final election results are officially published.
231.3 The cost of free airtime and free space
in periodicals mentioned in Articles 80.5, 83.6
and 224.2 of this Code, shall be determined by
multiplying the total volume of airtime and space
in periodicals allocated for the candidate, political
party or block of political parties in accordance
with the rules defined in Articles 80.6 and 83.7
of this Code to cost of airtime and space on periodical
and for publication of information determined
by TV and radio companies and periodicals.
231.4 When political parties and block of political
parties use free airtime to conduct joint campaign
activities considered by Article 224.2 of this
Code, the amount of funds returned by each political
party and block of political parties shall be
determined by TV and Radio companies by dividing
it proportionally by the total number of participants
of each joint TV program.
231.5 If a candidate, political party or block
of political parties refuses to use free airtime
in conformity with the rules and period defined
by the Article 81.5 of this Code, the cost of
presented free airtime shall not be paid.
231.6 TV and Radio companies and periodicals considered
by Articles 77.2, 77.3 and 77.4 of this Code shall
inform the Central Election Commission about the
candidate or political parties considered by Article
230 of this Code, which did not completely pay
cost of free airtime and space in a periodical,
within 12 months period effective from the voting
day. The Constituency Election Commissions shall
inform the Central Election Commission about citizens
or political parties not considered by Article
230 of this Code and those who have debt obligations
to the election commission, within 12 months period
effective from the Election Day.
Article 232.
Money Remaining in Special Accounts of Election
Funds of Candidates to Municipal Membership, Political
Parties, Blocks of Political Parties
The relevant bank should transfer money
remaining in the special account of election funds
of candidates for membership of a municipality
30 days after voting day in accordance with the
written instruction of the Constituency Election
Commission to the budget of a relevant municipality.
Article 233.
Return of Money by Candidates to Municipal Membership,
Political Parties, Blocks of Political Parties,
at their Own Expenses
233.1 if there is no money or a shortage of money
in the election fund, the state budget and municipal
money shall be returned by the registered candidate,
political party, block of political parties, and
the cost of allocated free airtime and space in
periodicals be reimbursed by political parties
and blocks of political parties at their own expenses.
233.2 If a block of political parties is responsible
for returning budget money allocated for payment
of free airtime presented and space allocated
in a periodical, the money to be returned shall
be proportionally distributed among the political
parties included in that block before voting day,
with a condition, unless otherwise is established
in the joint decision on creation of the block
of political parties and submitted to the Central
Election Commission.
233.3 If a registered candidate who is not considered
by Article 230 of this Code undertakes to submit
a final financial report and to return the funds
in conformity with this Code, he/she can return
funds of the state and municipal budget to be
returned, correspondingly to the account of the
Constituency Election Commission or municipal
account, within 6 months effective from voting
day.
233.4 Before the submission of the final financial
report, the political parties, blocks of political
parties, not considered by Article 230 of this
Code and who do not fulfill requirements of Article
230 of this Code but undertake obligations before
the Central Election Commissions, TV and Radio
companies and periodicals to pay relevant amount
of monetary funds to them, can be provided with
a prolongation for the period of 6 months starting
from the voting day to pay for the amounts of
state and municipal budgets as well as cost for
used free airtime and space in periodicals.
233.5 If the obligations considered by Articles
233.3 and 233.4 of this Code are not fulfilled
and if the period mentioned in the obligations
on returning the funds expires, that money shall
be returned by the court. If a registered candidate,
political party or block of political parties
not considered by Article 230 of this Code and
who has not fulfilled the requirements of Articles
233.3 and 233.4 of this Code does not undertake
the obligations mentioned in Articles 233.3 and
233.4 of this Code unless the final financial
report is submitted, money shall be returned in
the court prior to expiration of the period for
submission of final financial report.
233.6 If a candidate or registered candidate loses
his/her status, the obligations charged the candidate
or registered candidates by this Article shall
be imposed on a person who was considered as a
candidate or registered candidate. Should the
candidate, registered candidate be nominated by
a political party or block of political parties,
the obligations charged by this Article to the
political parties and block of political parties
will be imposed on the political parties including
those which entered the block of political parties,
after elections finish.
233.7 The Central Election Commission shall provide
the Constituency Election Commission with information
about citizens who are considered by Article 230
of this Code and who have obligations to the election
commissions or municipalities, within 5 days after
Constituency Election Commissions are formed and
after a decision on determination of elections,
repeat or by- elections is officially published.
233.8 The citizen considered by Article 230 of
this Code, who has debts to the election commission
regarding the budget for the date of official
publication of decision of determination of the
voting day, shall not have the right to receive
funds from the state or municipal budget during
the elections, repeat and by-elections, regardless
of what constituency he/she has been nominated
for.
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