40

Notwithstanding their liability for any offence specified hereunder, the following administrative sanctions may be imposed on political parties, independent slate heads and candidates in administrative proceedings for the breach of any provisions of this Act pertaining to the maximum amount of election campaign costs and the disclosure of information on donations and election campaign costs and election campaign financing statements:
1) full forfeiture of the right to recover election campaign costs;
2) partial forfeiture of the right to recover election campaign costs; and
3) suspension of the payment of recoverable election campaign costs.
The administrative sanction of full forfeiture of the right to recover election campaign costs shall be imposed on political parties, independent slate heads and candidates in cases where:
- they use their election campaign funds for ineligible purposes, i.e. contrary to Article 16(1) and (2) of this Act, or where they use funds from the central or, as appropriate, local or regional budget or the premises, official vehicles or equipment of governmental bodies or local and regional governmental units contrary to the ban set fort in Article 16(3) and (4) of this Act.
The administrative sanction of partial forfeiture of the right to recover election campaign costs shall be imposed on political parties, independent slate heads and candidates in cases where:
-they exceed the maximum total amount of election campaign costs, as specified in Article 17(1) of this Act;
- they fail to return the total amount of donations received exceeding the eligible amount of election campaign cost to their payers, as specified in Article 17(3) of this Act.
In the event specified in paragraph (3) of this Article, the sanction of partial forfeiture of the right to recover election campaign costs shall consist of a reduction in the amount of recoverable election campaign costs by any such amount by which the eligible amount of election campaign costs has been exceeded. If the excessive amount of election campaign costs is higher than the amount of recoverable election campaign costs, then the sanction of full forfeiture of the right to recover election campaign costs shall be imposed.
The administrative sanction of suspension of the payment of recoverable election campaign costs shall be imposed on political parties, independent slate heads and candidates in cases where:
- they fail to submit their reports on donations and elections campaign costs to relevant electoral commission or to disclose them publicly within the periods specified and as stipulated in Articles 24 and 25 of this Act;
- they fail to submit their election campaign financing statements, including the required enclosures, to the National Elections Commission within the period specified and as stipulated in Article 34 of this Act;
- they fail to publicly disclose their financial statements as stipulated by Article 39(3) of this Act.
The payment of recoverable election campaign costs shall be suspended as stipulated in paragraph (5) of this Article until the obligation in question is duly fulfilled.
Decisions on any full or partial forfeiture of the right to recover election campaign costs under paragraphs (2), (3) and (4) of this Article and any suspension of the payment of recoverable election campaign costs under paragraph (5) of this Article shall be made by the National Elections Commission.
Decisions made by the National Elections Commission to impose administrative sanctions may not be appealed, but may be subject to the initiation of administrative lawsuits.
Decisions made by the National Elections Commission under paragraph (7) of this Article shall be published in Narodne novine.