Latvia - 2011 Party Finance Law

Title Section 10. Liability for the Failure to Comply with this Law
Article

10

(1) If a political organisation (party) fails to submit the annual report or a declaration of election income and expenses until the term specified by the Law or these documents fail to disclose information specified by the Law, or they contain false information, or if the provisions of Section 2, Paragraph one; Section 3, Paragraph one and two; Section 4, Paragraphs two and three; Section 6, Paragraphs two, five and six; Section 7, Paragraphs one and three and of Sections 8.4 and 9.1 of this Law be breached, the political organisation (party) shall be administratively held liable in accordance with the procedures determined by law.
(11) If the Corruption Prevention and Combating Bureau identifies a violation of the provisions of Section 2, Paragraph three, Section 4, Paragraph one and Section 6, Paragraph one, the Head of the Corruption Prevention and Combating Bureau has a duty to charge the relevant political organisation (party) to repay the illegally acquired financial assets to the payer within 30 days, but to return the property to the giver thereof. If the political organisation (party) fails to repay the illegally acquired financial assets to the payer or to return the property to the giver thereof within 30 days after the time of the notification of the relevant decision, the Head of the Bureau for the Prevention and Combating of Corruption has the duty to charge the relevant political organisation (party) to include the illegally acquired financial assets into the State budget within 30 days, and to transfer the property to the State property. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the repayment of the financial assets into periods or extend the period of repayment of financial assets, but not longer than for 90 days.

(2) If the Corruption Prevention and Combating Bureau identifies a violation of the provisions of Section 2, Paragraph one; Section 3, Paragraph one; Section 4, Paragraph two; Section 6, Paragraphs two, three, five and six and Section 7, Paragraphs one and three of this Law, the Head of the Bureau for the Prevention and Combating of Corruption has the duty to charge the relevant political organisation (party) to include the illegally acquired financial assets into the State budget within 30 days, and to transfer the property to the State property in accordance with the procedures determined by the Cabinet. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the repayment of the financial assets into periods or extend the period of repayment of financial assets, but not longer than for 90 days.

(2.1) If the Corruption Prevention and Combating Bureau identifies a violation of provisions of Section 8.4 of this Law, the Head of the Corruption Prevention and Combating Bureau has the duty to charge the relevant political organisation (party) to include the financial assets into the State budget within the period of 30 days in such amount as refers to the amount of pre-election expenses exceeded. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the transfer of the financial assets into periods or extend the period for transfer of financial assets, but not longer than for a period of 90 days.

(3) If the Corruption Prevention and Combating Bureau identifies a received gift (donation) which has not been disclosed in the annual report of the political organisation (party) and in the information regarding the gifts (donations) received, the Head of the Corruption Prevention and Combating Bureau has the duty to charge the relevant political organisation (party) to include the illegally acquired financial assets into the State budget within a period of 30 days and to transfer the property to the State property in accordance with the procedures determined by the Cabinet. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the repayment of the financial assets into periods or extend the period of repayment of financial assets, but not longer than for a period of 90 days.

(3.1) If the Corruption Prevention and Combating Bureau identifies a violation of the provisions of Section 7.4 of this Law, the Head thereof has the duty to charge the relevant political organisation (party) to include the illegally spent State financial assets into the State budget within a period of 30 days. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the payment of the financial assets into periods or extend the period for the repayment of financial assets, but not longer than for a period of 90 days.

(4) If the Corruption Prevention and Combating Bureau identifies that a political organisation has repeatedly failed to submit the declaration of income and expenses of elections referred to in Section 8.2 of this Law or the annual report, the Head of the Corruption Prevention and Combating Bureau has a duty to issue a warning to the board of the relevant political organisation (party) in writing within a period of two weeks.

(5) If a political organisation (party) fails to fulfil the obligation determined in Paragraphs 1.1, two, 2.1 and three of this Section within the term period determined by the Corruption Prevention and Combating Bureau or within a month after forwarding of a warning fails to submit the declaration of income and expenses of elections referred to in this Law or the annual report, the Head of the Corruption Prevention and Combating Bureau has a duty to initiate suspension of the activity of the relevant political organisation (party) through court within a month.

(6) If the political organisation (party) fails to comply with the court judgment on suspension of activity or fails to prevent the breach of law in the period appointed by the court, the Head of the Corruption Prevention and Combating Bureau has the duty to initiate termination of the activity of the relevant political organisation (party) through court.

(7) The Head of the Corruption Prevention and Combating Bureau may take a decision referred to in Paragraph 1.1 of this Section regarding the repayment of acquired financial assets to the payer thereof and return of the property to the giver thereof, as well as decisions referred to in Paragraphs two, three and 3.1 regarding the inclusion of financial assets into the State budget and transfer of the property to the State property not later than within five years from the day of commitment of the violation. The decision referred to in Paragraph 2.1 of this Section regarding the inclusion of financial assets to the State budget and return of the property to the State property, the Head of the Corruption Prevention and Combating Bureau may take not later than within five years from the day of submission of a declaration of income and expenses of elections to the Corruption Prevention and Combating Bureau.
[12 February 2004 law edition with amendments made with 18 May 2006; 17 July 2008; 10 June 2010 law shall come on force 14 July 2010]

Categories - External oversight (Sanctions)
- External oversight (Subject of monitoring)
- External oversight (Type of authority)
- Party finance (Report and disclosure)
Source http://www.likumi.lv/doc.php?id=36189 (accessed: August 2012)