What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
Kazakhstan
- EMB (lower level)
- EMB (highest level)
Constitutional Act of the Republic of Kazakhstan “On elections in the Republic of Kazakhstan” No. 2464, (1995-09- 28)
Chapter 6 :: Financing of elections
Article 34.
[…]
10. Infringement by the candidate and the political party that has put forward its party list of the rules stipulated by items 1-8 of the present article, and also of the procedure on spending the funds from the election funds established by the Central Election Commission shall entail cancellation of the decision on registration of the candidate or the party list. After holding an election before registration of the candidate as the President, the deputy of the Parliament, the deputy of Maslikhat and member of other local self-administration bodies - declaration of the elections in the corresponding territory or district as null and void.
Article 35. Financing of the election events by election commissions
1. Financing of the election events for Elections of the President of the Republic of Kazakhstan, election of the deputies of the Parliament, Maslikhats and also members of other local self-administration bodies is carried out by the Central Election Commission.
2. The chairmen of the election commissions dispose of money resources and bear responsibility for conformity of the financial documents to the decisions of the election commissions on financial issues.
Article 36. Control over expenditure of the funds allocated on conducting of the election campaign
1. Control over expenditure by candidates of the funds from the Republican budget allocated for election campaigns is exercised according to the legislation of the Republic of Kazakhstan.
2. Control over expenditure of the funds from the election funds is exercised by the corresponding election commissions and financial institutions.
3. At suggestion of the corresponding election commissions, experts from the state bodies can be attracted to conduct the aforementioned control within their competency.
Central Election Commission of the Republic of Kazakhstan,
http://election.kz/portal/page?_pageid=153,77212&_dad=portal&_schema=PORTAL as retrieved on 2013-09-14.
Constitutional Act of the Republic of Kazakhstan “Onelections in the Republic of Kazakhstan” does not provide clear regulations aboutwhich body can impose sanctions against campaign finance infractions. Article36.2 of the law loosely states that “Control overexpenditure of the funds from the election funds is exercised by thecorresponding election commissions and financial institutions”.