What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?

OSCE Unofficial Translation of theElectoral Code of the Former Yugoslav Republic of Macedonia as of 13 November2012,

published in the Official Gazette40/2006 Amendments published in the Official Gazette 136/2008, 44/2011 and51/2011Corrigenda published in the Official Gazette 148/2008, 155/2008,163/2008 and 142/2012(Consolidated version) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e

Article 85 (1) The organiser of the election campaign isrequired, immediately and no later than 30 days after the end of the electioncampaign, to submit total financial report on the election campaign.

(2)  The financial report on the electioncampaign shall be submitted in a form prescribed in article 84-b, paragraph 3.

(3)  The financial report shall be submittedto the State Election Commission, State Audit Office, State Commission forPreventing Corruption and the Parliament of the Republic of Macedonia, and forthe local elections also to the Municipal Council and the Council of the Cityof Skopje.

(4)  The financial report from paragraph 3 ofthis article shall be published by State Election Commission, State AuditOffice and the State Commission for Preventing Corruption on their websites.

(5)  When the organiser of a campaign is agroup of electors, the excess of collected funds shall be donated to charity.

(6)  The State Audit Office shall, within 60 days of thesubmission of the report from p.(1) of this article, conduct a revision.The revision shall include all transactions conducted as of the day of theopening of the election account until its closure.

(7)  Should the State Audit Office (SAO)detect irregularities in the financial report of the election campaignorganiser, which are contrary to the provisions of this Code, the SAO shall initiate amisdemeanour procedure or it shall report the irregularities to the respectivepublic prosecutor within 30 days of the day of its detection.

(8)  The State Election Commission, the StateAudit Office and the State Commission on Prevention of Corruption shall sign aMemorandum of Understanding on Cooperation. This Memorandum shall govern theimplementation of the provisions on election campaign financing for exchange ofinformation on detected irregularities in the submitted financial reports andthe respective measures taken against the party which is subject of oversight.

Venice Commission and OSCE/ODIHR JointOpinion on the Electoral Code of “The Former Yugoslav Republic of Macedonia”Opinion No. 700/2012 Warsaw, Strasbourg, 18 June 2013

http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD%282013%29020-e

31. A new Article 177(a) establishesnew sanctions, in addition to any misdemeanour liability, for infringement ofprovisions related to limitations on campaign expenditures and submission ofcampaign finance reports. An infringement can result in the suspension or, fullor partial loss, of reimbursement for campaign expenses as provided by thestate. The decision to impose this penalty rests with the SEC upon a proposalof the State Audit Office. The aggrieved party may file an administrative dispute against theSEC decision. This is a positive step in improving the compliance with campaignfinance laws. Imposing a financial sanction for an infringement of campaignfinance laws is logical and the proposed Article includes language that makesthe sanction imposed proportional to the infringement committed.

OSCE Unofficial Translation of theElectoral Code of the Former Yugoslav Republic of Macedonia as of 13 November2012, published in the Official Gazette 40/2006 Amendments published in theOfficial Gazette 136/2008, 44/2011 and 51/2011Corrigenda published in theOfficial Gazette 148/2008, 155/2008, 163/2008 and 142/2012(Consolidatedversion) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e

Article 177-a

(1)  Regardless of the misdemeanour liabilityfor not complying with the provisions of this Code related to limitation ofexpenses for the election campaign and submission of financial reports forfinancing of election campaign to the organizer of election campaign shall beimposed:

-  partial loss of compensation ofexpenses for the election campaign;

-  complete loss of compensationof expenses for the election campaign; or

- suspension of compensation payment ofexpenses for the election campaign.

(2)  Partial loss of compensation of expensesfor the election campaign shall be imposed to an organizer of an electioncampaign in case when the permitted amount of expenses for the electioncampaign is exceeded, pursuant to Article 84 of this Code;

(3)  Partial loss of compensation of expensesfor the election campaign as of paragraph (2) of this Article consists ofreduction of the amount for compensation of expenses for the election campaignfor the amount exceeding the permitted amount of costs and expenses for theelection campaign. If the amount of funds exceeding the permitted amount ofcosts for the election campaign is higher than the amount for compensation ofexpenses for the election campaign, in such a case, a complete loss of theright of compensation of expenses for the election campaign shall be imposed.

(4)  Suspension of payment of expenses for theelection campaign shall be imposed to the organizer of election campaign in thecases when they do not submit the financial report in the determined timeframework and content, pursuant to Article 84-b, paragraphs (1) and (2) andArticle 85 of this Code.

(5)  The suspension of payment of compensationof expenses for the election campaign from paragraph (4) of this Article shalllast until the proper fulfilment of determined obligation pursuant to Article84-b, paragraphs (1) and (2) and Article 85 of this Code.

(6)  The decision for partial or complete lossof compensation of expenses for the election campaign from paragraphs (2) and(3) of this Article and the decision for suspension of payment from paragraph(4) of this Article shall be taken by the State Election Commission upon aproposal by the State Audit Office.

(7)  The decision from paragraph (6) of thisArticle is final, but anadministrative dispute may be initiated against it.

(8)  The decision of the Minister of Justiceas of paragraph (7) of this Article shall be 
publishedin the “Official Gazette of the Republic of Macedonia”.

Source: Amendments to the Law on AdministrativeDispute Macedonia, Official Gazette of the Republic of Macedonia No. 150 of 18November 2010

http://www.pravo.org.mk/documentDetail.php?id=670

Law on Administrative Dispute Macedonia 2006  Official Gazette of the Republic of MacedoniaNo. 62 of 22 May 2006

http://www.pravda.gov.mk/dui/pdf/Law_Administrative_Disputes.pdf

Article4. Article 4 changes to: “The administrative disputes in Republic ofMacedonia shall be decided by: 

- The Administrative Court as the first-instancecourt;

- The Supreme Administrative Court as asecond-instance court, and

- The Supreme Court of the Republic of Macedonia,which decides upon extraordinary legal remedies determined by this law”

Article5. Decisions of the courts shall bebinding and enforceable.