Problem
1.5.2. Excessive influence on political parties and election campaigns by specific individuals and legal entities leads to the prevalence of private interests over public ones in representative bodies
General information about the problem
The main reasons for the problem of excessive influence on political parties and election campaigns by specific individuals and legal entities, which leads to the prevalence of private interests over public ones in representative bodies, are:
the possibility of contributions to political parties by individuals who do not have a sufficient legitimate income to afford such contributions are possible due to gaps in legislation, namely:
- the lack of legislative prescription of the correlation between the amount of contributions made by individuals to political parties and their income that can be officially proven;
- no legal prohibition of contributions by individuals acting on behalf of third parties, in particular representatives of financial and industrial groups, oligarchs;
failure to extend the mechanism of allocation of state funding for statutory activities of political parties to political parties that have not cleared the statutory threshold in the election of Parliament members but have received significant support from voters. Such parties become an attractive target for "investments" by certain individuals, which leads to their financial dependence on such individuals and/or legal entities, and thus creates preconditions causing such parties to defend the private interests of their sponsors rather than the public interest of voters;
the absence of a list of prohibitions on the use of state funding by political parties and legislatively defined priority areas for the spending of these funds, as a result of which all expenses incurred by political parties can be attributed to the costs of “statutory activities”. Given the fact that the term “statutory activities” is not defined in the legislation and no priority areas for the spending of state funding are established, this gap in the legislation may lead to the channeling of these funds for other purposes, including in the interests of third parties;
the lack of a procedure for the use of electronic media, outdoor advertising, social media and other online platforms for election campaigning, which gives rise to "hidden advertising" disguised as regular news and publications, which misleads voters and violates the principle of free and equal elections.
the possibility of contributions to political parties by individuals who do not have a sufficient legitimate income to afford such contributions are possible due to gaps in legislation, namely:
- the lack of legislative prescription of the correlation between the amount of contributions made by individuals to political parties and their income that can be officially proven;
- no legal prohibition of contributions by individuals acting on behalf of third parties, in particular representatives of financial and industrial groups, oligarchs;
failure to extend the mechanism of allocation of state funding for statutory activities of political parties to political parties that have not cleared the statutory threshold in the election of Parliament members but have received significant support from voters. Such parties become an attractive target for "investments" by certain individuals, which leads to their financial dependence on such individuals and/or legal entities, and thus creates preconditions causing such parties to defend the private interests of their sponsors rather than the public interest of voters;
the absence of a list of prohibitions on the use of state funding by political parties and legislatively defined priority areas for the spending of these funds, as a result of which all expenses incurred by political parties can be attributed to the costs of “statutory activities”. Given the fact that the term “statutory activities” is not defined in the legislation and no priority areas for the spending of state funding are established, this gap in the legislation may lead to the channeling of these funds for other purposes, including in the interests of third parties;
the lack of a procedure for the use of electronic media, outdoor advertising, social media and other online platforms for election campaigning, which gives rise to "hidden advertising" disguised as regular news and publications, which misleads voters and violates the principle of free and equal elections.
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Implementation of SACP measures within the limits of the problem
The total number of OSR –
4
All measures of the SACP
measures, the implementation of which as of
30.09.2024
is about to begin
to be completed
1
1
2
Implemented
Not started
Measures implemented (fully and partially) - 1 (50%)
Deadlines for all measures
01.03.2023 -
30.04.2023
Implementation of SACP measures within the scope of the Problem by main main performers
National Agency on Corruption Prevention
1
Ministry of Culture and Strategic Communications of Ukraine
1
Achievement of ESR within the limits of the Problem
The total number of OSR – 4