| 20 |
Are there regulations governing political financing? |
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20a:
In law, there are regulations governing private contributions to political parties.
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| Score: |
YES |
NO |
 |
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Comments: The law considers donations as a possible legal source of party financing. There is no definition of private contributions as a special source.
References: The Law on Political Parties, Article 17
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20b:
In law, there are limits on individual donations to candidates and political parties.
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| Score: |
YES |
NO |
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Comments: The Electoral code regulates the limits of donations to election funds of political candidates to different elected posts, but not political parties.
References: The Electoral Code, Articles 51, 64, 74, 85, 92
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20c:
In law, there are limits on corporate donations to candidates and political parties.
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| Score: |
YES |
NO |
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Comments: The same articles on election funds regulates all kind of donations.
References: Electoral Code, Articles 51, 64, 74, 85, 92
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20d:
In law, there are limits on total political party expenditures.
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| Score: |
YES |
NO |
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Comments: Since the political parties are normal legal entities, there is no limit on total expenditures. However, a political party can use expenditures only for those activities that do not contradict their charter.
References: The Law on Political Parties, Article 17
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20e:
In law, there are requirements for disclosure of donations to political candidates and parties.
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| Score: |
YES |
NO |
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Comments: Any candidate can request and receive information on donations to other candidates' funds. This rule applies only to candidates, not parties.
References: The Electoral Code, Article 51
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20f:
In law, there are requirements for the independent auditing of the finances of political parties and candidates.
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| Score: |
YES |
NO |
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Comments: Financial control on election funds is to be implemented by the election committees. Control on political parties' financing should be made by the tax inspector.
References: The Electoral Code, Article 52
The Law on Political Parties, Article 22
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20g:
In law, there is an agency or entity that monitors the political financing process.
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| Score: |
YES |
NO |
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Comments: The candidates shall be monitored by the election commission, and the political parties shall be monitored by the tax inspector.
References: The Election Code, Article 52
The Law on Political Parties, Article 22
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| 21 |
Are the regulations governing political financing effective? |
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21a:
In practice, the limits on individual donations to candidates and political parties are effective in regulating an individual's ability to financially support a candidate or political party.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Financing of parties is out of the control of the government, since it is made usually in cash. Official records might be OK, but most of the expenses, like advertising, payments for services, etc. are made in "black cash," which means money transactions without any records and files.
References: Kyrgyz Parliamentarians Against Corruption, Report on Monitoring of State Strategy on Combating Corruption, ,September 2007, Bishkek
Tazar News Agency, interview with Omurbek Tekebaev, Atameken Party Leader, June 18, 2007
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21b:
In practice, the limits on corporate donations to candidates and political parties are effective in regulating a company's ability to financially support a candidate or political party.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is only one limitation: A corporation donating to a candidate's fund should have no dept to state budget. However, it is not an enforceable rule, since the most of donations are made in cash.
References: Kyrgyz Parliamentarians Against Corruption, Report on Monitoring of State Strategy on Combating Corruption, September 2007, Bishkek
Tazar News Agency, "Azar: Transparency of Financial Incomes and Expenses of Political Parties of the Kyrgyz Republic, June 18, 2007, www.tazar.kg
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21c:
In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: A party's finances are limited only during election campaigns. Between elections there are no limits and control over their resources.
References: Tazar News Agency, Azar: Transparency of Financial Incomes and Expenses of Political Parties of the Kyrgyz Republic, June 18, 2007, www.tazar.kg
Confidential source (a party member)
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21d:
In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The Election Commission formally investigates, but its decisions are partisan and usually aimed at opposition leaders.
References: Confidential source
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21e:
In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Violations of financial rules are regularly reported by the Election Commission, but never enforced.
References: Confidential source
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21f:
In practice, contributions to political parties and candidates are audited.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Political parties' and candidates' finances are audited only during election campaigns. The aim of this audit is to identify whether candidates have used their election fund properly or not. Since candidates have two parallel accounts, the official and the non-official, the audit is ineffective.
References: Tazar, Transparency of Incomes and Expenses of Political Parties, June 18, 2007, www.tazar.kg
Confidential source (NGO)
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| 22 |
Can citizens access records related to political financing? |
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22a:
In practice, political parties and candidates disclose data relating to financial support and expenditures within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Political parties and candidates never publish information on their sources of financing, since there is no legal provision for this. According to interviews with the Tazar Agency, some parties even think that their finances are their own business.
Making political parties' finances transparent was identified as a corruption prevention measure in the State Strategy on Combating Corruption, but it was not put into action.
References: Tazar, Transparency of Incomes and Expenses of Political Parties, June 18, 2007 www.tazar.kg
Kyrgyz Parliamentarians against Corruption, Report on Monitoring of State Strategy on Combating Corruption, September 2007, Bishkek
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22b:
In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Financial Records should be transfered to the Election Commission no later than 20 days after the election. The Commission should release them to the mass media within three days. However, the mass media has no interest in publishing these records, since nobody pays for this.
References: Tazar, Transparency of Incomes and Expenses of Political Parties, June 18, 2007, www.tazar.kg
Kyrgyz Parliamentarians Against Corruption, Report on Monitoring of State Strategy on Combating Corruption, September 2007, Bishkek
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22c:
In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: It will take some time and efforts to obtain the records, at the very least, a visit to a mass media office.
References: Tazar, Transparency of Incomes and Expenses of Political Parties, June 18, 2007, www.tazar.kg
Kyrgyz Parliamentarians against Corruption, Report on Monitoring of State Strategy on Combating Corruption, Kyrgyz Parliamentarians against Corruption, September 2007, Bishkek
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