scholarly journals State control over the financial statements of political parties: a comparative study

Author(s):  
V.V. Dzhugan

The article examines the constitutional and legal aspects of state control over financial statements in Ukraine and individual EU countries. It is stated that state control over financial statements is one of the objects of general control over the financing of political parties. The legal framework for reporting financial assets, income, expenses and liabilities is examined. Provisions of Art. 17 of the Law of Ukraine "On Political Parties in Ukraine" determines the general structure and content of the financial report, the frequency of reporting and the general features of the procedure for its submission. The standard form, procedure for compiling and submitting a report of a political party on property, income, expenses and liabilities of a financial nature are regulated by bylaw, namely acts approved by decisions of the National Agency for the Prevention of Corruption. Despite the external legal certainty in this area, there is a gap between the norms of the Laws of Ukraine "On Political Parties in Ukraine" and "On Amendments to Certain Laws of Ukraine on Preventing and Combating Political Corruption" of April 5, 2001 № 2365, which provide the opposite according to the content of the norm on the manner and form of the report of a political party on property, income, expenses and liabilities of a financial nature. A comparative analysis of financial reporting legislation in the Republic of Poland, the Federal Republic of Germany and the Republic of Latvia is conducted. Unlike in Ukraine, where political parties are required to report quarterly, in these countries, as a general rule, political parties submit financial statements annually. Another feature of the special laws on political parties in these countries is that the report must also indicate the number of party members who are required to pay dues (in Germany) or a separate report on registration and membership dues (in Latvia). Among other things, the experience of Latvia in creating an online database of donations, access to which is open, is interesting. As a result of the comparative study, proposals and recommendations for improving the quality of the functioning of the mechanism of state control over the financial statements of political parties were synthesized.

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed


Author(s):  
Muhammad Yusrizal Adi Syaputra

The political party's position as a determinant of government head nomination in Indonesia made the political party a central and strong role in the determination of the Cabinet in the presidential government of Indonesia and allowed the political party to determine the Cabinet domination established by the President elected. This research aims to determine the model of the presidential institution strengthening in the multi-party era in Indonesia and to know the political and juridical construction of the presidential institution in determining the cabinet in Indonesia. The method used is a normative legal research method with a conceptual approach. The results of this research are, firstly that the strengthening of the presidential institution in the multi-party era can occur when done with the restriction of political parties through the mechanism of the parliamentary threshold. Secondly, that the political construction of the cabinet determination by the President is based on the coalition of political party supporters of the government, and the juridical construction of the President may elect the Minister of the party proposal because it is based on article 6A paragraph (2) The Constitution of the Republic of Indonesia 1945. Kedudukan partai politik sebagai penentu pencalonan kepala pemerintahan di Indonesia menjadikan Partai Politik memiliki peran sentral dan kuat dalam penentuan kabinet di Pemerintahan Presidentiil Indonesia dan memungkinkan partai politik untuk menentukan dominasi kabinet yang dibentuk oleh Presiden terpilih. Penelitian ini bertujuan untuk mengetahui model penguatan lembaga kepresidenan pada era multi partai di Indonesia, dan untuk mengetahui konstruksi politis dan yuridis lembaga kepresidenan dalam menentukan kabinet di Indonesia. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan konseptual. Hasil penelitian memperlihatkan bahwa pertama, penguatan lembaga kepresidenan di era multi partai dapat terjadi apabila dilakukan dengan pembatasan partai politik melalui mekanisme parlementary threshold. Kedua, bahwa konstruksi politis penentuan kabinet oleh presiden didasarkan atas koalisi partai politik pendukung pemerintahan, dan konstruksi yuridis presiden dapat memilih menteri dari usulan partai karena didasarkan pada Pasal 6A ayat (2) UUD 1945.


1959 ◽  
Vol 53 (4) ◽  
pp. 1052-1063 ◽  
Author(s):  
Oliver P. Williams ◽  
Charles R. Adrian

The purpose of this article is to analyze the relationships between partisan and nonpartisan voting patterns in four cities using nonpartisan municipal elections. It is part of a larger comparative study on the process of policy formation in middle-sized cities. The data have been used to test the nonpartisan rationale which states that the removal of party labels from the ballot insulates local elections from state and national political party influences.The “insulation” argument states that national political parties do not and cannot adequately serve the needs of the local political unit. Their intrusion into the local scene invariably represents the introduction of irrelevancies which confuse the voters and prevent them from dwelling on local issues in city elections. Thus, the nonpartisan idea is partially based on the belief that local democracy will be improved through rationalizing its political universe. Citizens will choose well if specific, pertinent, and familiar questions are posed to them.


Author(s):  
Arif Mohamad Azhar Annas ◽  
Dwi Putri Cahyawati ◽  
Nur Rohim Yunus

Abstract.Problems in dismissing board members by their supporting political parties are still a polemic in the constitutional system of the Republic of Indonesia. The presumption of council members as an extension of the party is still a heated debate. So that a council member who should be a representative of the people seems to be a party representative. The regulation of dismissal of members of political parties is contained in article 16 of Act No. 2 of 2011 concerning Political Parties which explains that dismissal of party members is based on several factors, such as death, resignation in writing, becoming a member of another political party and violating code of ethics for Political Parties. This discussion uses qualitative research methods with a literature review approach.Keywords: Dismissal, Board Members, Political Parties Abstrak.Problematika pemberhentikan anggota dewan oleh partai politik pengusungnya masih menjadi polemik dalam sistem ketatanegaraan Republik Indonesia. Adanya anggapan anggota dewan sebagai kepanjangan tangan partai, masih menjadi perdebatan yang sengit. Sehingga seorang anggota dewan yang seharusnya menjadi wakil rakyat seolah menjadi wakil partai. Akan halnya pengaturan pemberhentian terhadap anggota partai politik tertuang dalam pasal 16 Undang-Undang Nomor 2 tahun 2011 tentang Partai Politik yang menjelaskan bahwa pemberhentian terhadap anggota partai didasari oleh beberapa faktor, seperti meninggal dunia, mengundurkan diri secara tertulis, menjadi anggota partai politik lain dan melanggar kode etik Partai Politik. Pembahasan ini menggunakan metode penelitian kualitatif dengan pendekatan literatur review.Kata Kunci: Pemberhentian, Anggota Dewan, Partai Politik


2020 ◽  
Vol 1 (2) ◽  
pp. 85
Author(s):  
Ganiviantara Pratama

The main problem of this research is that there is no firmness regarding the diction of individual words in the Constitution which is useful as a condition for nominating Regional Representative Council or Dewan Perwakilan Daerah (DPD) membership. This indecisiveness has led to the composition of DPD membership being dominated by members of political parties. This journal aims to explore the meaning of the diction of words contained in the 1945 NRI Constitution, namely "Individual" which is clearly written in Article 22E paragraph (4) of the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision No30/PUU-XVI/2018. The meaning of the term “individual” in this article will determine the conditions for nominating members of the DPD so that they are more in line with the objectives of establishing the institution. This journal uses a statutory approach and a historical approach. The results of this discussion show that the original intense definition concluded by the author regarding the word "individual" in the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision has the following meaning: an individual who does not have a political party background or political party management and really understands his / her region.


2018 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Denny Arinanda Kurnia

General Election is a means of implementing the sovereignty of the people in direct, general, free, confidential, honest, and fair manner within the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945. The election has many dynamics, expensive politics, lavish campaign funds for image politics, costly consulting and surveys of winning money, as well as money politics. The disclosure of political parties is highly important in the implementation of the elections due to the many streams of corruption used in the election. As a result, people do not believe in political parties, or some Indonesians are no longer sympathetic to political parties. The idea of a political party's financial transparency regulation should be carefully examined in the Indonesians’ election codification scheme. In the future, Indonesia must have a transparent and accountable campaign or political funding arrangement, along with strong sanctions and binding on the parties involved. Therefore, the people will restore their trust to the political parties, and assure the political parties to channel their aspirations in the granting of rights in the elections.Keywords: Finance; Political parties; Corruption


Author(s):  
Vitalij Semenko

The article deals with peculiarities of the regular elections in the Republic of Austria to the European Parliament in 2014, as well as the main reasons for the success of nationalists, left-wing parties, eurosceptics, populists, far-right political parties, even though the pro-European forces have retained their majority. The main results of the parliamentary elections, the conclusions of eminent political scientists, experts who researched election to the European Parliament are in details analyzed. Also, the main objectives and tasks of the party and election programs of political parties in Austria are in details characterized, which are represented in the European Parliament, this important supranational body of the European Union. Specific features of obtaining by Austria of 18 seats on the 8th next elections to the European Parliament are revealed, which took place on May 25, 2014. Keywords: Political party, euroscepticism, elections, populism, political system


2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Laurensius Arliman S

Abstract: Elections means implementation of the sovereignty of the people held in directly, general, free, confidential, honest, and fair in the Republic of Indonesia under Pancasila and the Constitution of the Republic of Indonesia Year 1945. The implementation of the election has a lot of dynamics, among others political boat fees are expensive, expensive campaign funds to political imagery, the cost of consultations and surveys are expensive as well as winning money politics. Financial disclosure is very important political party in an election, because a lot of the flow of the corruption that is used in the election. As a result, people do not believe in political parties, or some communities in Indonesia began to no longer sympathetic to the political party. The idea of political party financial disclosure regulations should be initiated carefully in Indonesian election codification plan. Forward Indonesia must have arrangements campaign funds or political funds transparent, accountable, and has strict sanctions and binding on the parties involved, so that people come back believing again to political parties, and assured political parties place to channel their aspirations in granting the right in elections  Abtrak: Pemilu adalah sarana pelaksanaan kedaulatan rakyat yang diselenggarakan secara lansung, umum, bebas, rahasia, jujur, dan adil didalam Negara Kesatuan Republik Indonesia berdasarkan Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Pelaksanaan pemilu memiliki banyak dinamika, antara lain biaya perahu politik yang mahal, dana kampanye yang mahal untuk politik pencitraan, ongkos konsultasi dan survei pemenangan yang mahal serta politik uang. Keterbukaan keuangan partai politik sangat penting didalam pelaksanaan pemilu, karena banyak aliran hasil korupsi yang dipakai dalam pemilu. Akibatnya masyarakat tidak percaya kepada partai politik, atau sebagaian masyarakat Indonesia mulai tidak lagi simpatik pada partai poltik. Gagasan regulasi keterbukaan keuangan partai politik harus digagas dengan seksama didalam rencana kodifikasi pemilu Indonesia. Kedepan Indonesia harus memiliki pengaturan dana kampanye atau dana politik yang transparan, akuntabel, serta memiliki sanksi yang tegas dan mengikat para pihak yang terlibat, sehingga masyarakat kembali percaya lagi kepada partai politik, dan yakin partai politik tempat menyalurkan aspirasi mereka dalam pemberian hak dalam pemilu. DOI: 10.15408/jch.v4i2.3433


Author(s):  
Juedir Viana Teixeira ◽  
Matheus Costa Correa ◽  
Artur Angelo Ramos Lamenha ◽  
João Vinicius Santos Correia de Melo

This article aims to present the importance of the accounting evidence in responsibility and transparency of the political parties accounts, especially in relation to the accountability of the use of the resources of the party fund. As a research question we have: Do accounts and candidates with irregular status and groups of political parties through the financial statements have a relationship with the distribution of the party fund and would require greater accountability? For this problem, it was established as a general objective to verify the need for the elaboration of more accurate and reliable accounting statements for the promotion of transparency, and as specific objectives, to discuss the legislation from the accounting point of view, as well as to understand the impact of the partial elaboration of the states with regard to the accounts judged as irregular and to groups of political parties according to the diffusion of their statements. For this, bibliographic, documentary and statistical research was used for the analysis and interpretation of the data extracted from the Court of Auditors, the Electoral Courts and the Legislation about this issue. It is concluded that there is a positive correlation between the number of irregular accounts, the number of people with irregular accountability and political party groups with the distribution of the party fund and that the specific legislation about election accountability, as well as the rules of the Federal Accounting Council, can allow better transparency and social control with Accountability practices through the Accounting Statements.


Author(s):  
Ivan Osadtsa

The article describes the process of making the necessary political decisions by the governments of the Republic of Bulgaria on the way to European integration of the country. The programs of the leading political forces of the country that actively participated in the processes connected with the country's accession to the EU were highlighted. The necessity of political consensus between all political forces for the purpose of achieving the main goal of the Bulgarian society of recent years, namely the accession of the country to the European Community. Keywords: Political party, European integration, political party program, government, Republic of Bulgaria, EU


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