马其顿政党法

LAW ON POLITICAL PARTIES I. GENERAL PROVISIONS Article 1 This Law shall regulate the manner, the conditions and the procedure for foundation, registration and termination of political parties. Article 2 Political parties, according to this Law, shall be those organised groups of citizens striving for participation in the authority. Article 3 Citizens shall freely found political parties in order to: - exercise and protect political, economic, social, cultural and other rights of their members and to participate in the political decision-making process, and - to participate in the procedure regarding the election of representatives for the Assembly of the Republic of Macedonia and of counselor for the assemblies of the municipalities and for the Assembly of the City of Skopje. Members of political party can be only citizens of the Republic of Macedonia. Article 4 The program, the statute and the activities of political parties may not be aimed at: - forcible destruction of the constitutional order; - instigation or calling on war aggression and - stirring up of national, religious or race hatred or intolerance. Article 5 The work of political parties shall be public. Article 6 Political parties shall be organised and shall act according to the territorial principle. II. FOUNDATION, REGISTRATION AND TERMINATION OF POLITICAL PARTIES Article 7 At least 500 adult citizens - citizens of the Republic of Macedonia, with permanent residence in the Republic of Macedonia, may found a political party. The political party shall be liable to submit written evidence to the District Court in Skopje proving that the number of founders is not reduced, 15 days before the end of the year. Any adult citizen - citizen of The Republic of Macedonia who gives a statement for voluntary membership in the political party, may become a member of a political party. Every member may freely resign from the political party. Article 8 A political party shall be founded on the founders the assembly, at which a decision for founding, a program, statute is passed and its organs are elected. The decision on founding of a political party shall contain: - title of the political party; - seat of the political party; - name of the authorised person who is to register the political party with the court registrar; and - names of the founders, register number and address of permanent residence in the Republic of Macedonia. Article 9 The Statute of the political party shall contain provisions, especially on: - the name and seat of the political party; - the political goals, publicity in the work and manner of activity; - the conditions and the manner of becoming a member and termination of membership and the rights, obligations and responsibilities of the members; - the representation and presentation of the political party; - the organs of the political party, the manner of their election and recall, the duration of the mandate and the manner of decision-making; - acquisition and use of the funds; - termination of the political party; - procedure concerning the assets in case of termination of the political party; and \ - symbols of the political party (flag, abbreviated name, symbol, emblem, etc.). The name and symbols of the political party must be different from the name and symbols of the already registered political parties in our country and abroad. The political parties may not have domestic and foreign state symbols. Article 10 The political party may start with on the day of entrance in the court register of political parties (hereinafter: court register). The political party shall acquire capacity of legal entity on the day of entrance in the court register. Article 11 The political party shall be entered in the court register. The court register shall be kept by the District court in Skopje. The Minister of Justice and Administration shall set forth the pattern and the manner of keeping the court register. Article 12 The political party shall be obliged, within 30 days, as of the day of the founding, to submit an application for entrance in the court register. The following shall be enclosed with the application for entrance in the court register: - minutes on the work of the founding assembly; - program and statute; and - decision on founding. Article 13 The District Court in Skopje shall be liable to pass a decision, within 15 days as from the day of the submission of the application for entry of the political party in the court register. Should the District Court in Skopje establish that the application for entry in the court register is incomplete, i.e. the statute does not contain issues set forth in Article 9 of this Law, it shall request from the applicant for registration to complete the application for registration within 30 days. In case the applicant for entry in the court register does not act in accordance with paragraph 2 of this Article, the District Court in Skopje shall pass a decision rejecting the application for entry in the court register. Article 14 The District Court in Skopje shall not make an entry in the court register should it establish that the political party is founded for activities contrary to the provisions of Article 4 of this Law. Article 15 A complaint may be lodged against the decision rejecting the application for entry in the register. The complaint shall be lodged to the Supreme Court of the Republic of Macedonia, within 15 days as of the receipt of the decision. Article 16 The political party shall be liable to inform the District Court in Skopje about the changes of the program and statute and to submit the minutes of the session at which these changes were adopted, within 30 days. Article 17 The political party shall be terminated when: 1. the party’s activity is banned by decree absolute of the competent court; 2. the Constitutional Court of the Republic of Macedonia establishes that the program or statute of the political party does not comply with the Constitution; 3. the organ established by the statute of the political party adopts a decision on termination; and 4. the number of the members falls below the legally determined number for its founding. The cases stated in paragraph 1 of this Article shall be established by the District Court in Skopje by a decision on the termination of the political party. In cases of paragraph 1, items 3 and 4 of this Article, the person representing the political party shall be liable to inform the District Court in Skopje about termination of political party, in order to be written off from the court register within 15 days, as of the day of the termination of the political party. On the basis of a decision as set forth in paragraph 2 of this Article, the party shall be written off from the court register. Article 18 The data entered in the court register shall be published in the “Official Gazette of the Republic of Macedonia”. Article 19 The activity of the political party shall be banned when it is established that this activity is contrary to the provisions set forth in Article 4 of this Law. Article 20 A decision for banning the activity of the political party shall be passed by the competent municipal court depending on the location of the seat of the political party. The procedure before the court shall be carried out according to the rules of procedure, unless otherwise established in the provisions of this act. Article 21 The procedure before the court shall be instituted upon proposal of the competent public prosecutor. The hearing on the proposal shall be held within 8 days as of the receipt of the proposal. The competent public prosecutor and the person authorised to represent the political party shall be summoned as parties. Article 22 The court may, in the procedure for banning the activity of the political party, hold a hearing in the absence of the parties when they are orderly summoned and when it is clearly stated in the summons. Article 23 The court shall ban the activity of the political party by a decision or shall pass a decision rejecting the proposal of the competent public prosecutor. The court must state in the decision banning the activity of the political party the grounds on which the banning of the activity is based and give a justification. Article 24 The court shall pass the decision on the proposal for banning the activity of the political party after the holding of the hearing, while the president of the board shall immediately announce the decision thereof. The decision shall be made in written form, and a certified copy shall be submitted to the parties within three days as of the day of the announcement. Article 25 The competent public prosecutor and the political party may lodge a complaint to the District Court against the decision of the competent court as set forth in Article 20 of this Law, within 8 days as of the day of the receipt of the decision. The District Court shall pass a decision on the complaint within 8 days as of the receipt of the complaint and the document of the case. Article 26 The decree absolute on banning the activity of the political party shall be published in the “Official Gazette of the Republic of Macedonia”. III. FINANCING OF POLITICAL PARTIES Article 27 The political parties shall provide and use the funds for their activity in a manner established by law. Article 28 The political parties may provide funds for their from membership fees, contributions, revenues from personal assets, credits,. donations, legacies and from the Budget of the Republic of Macedonia. The political parties may not provide funds for their activity form: 1. Governments, international institutions, organs and organisations from foreign states and other foreign persons; 2. State organs, local self-government organs, with the exception of the funds allocated in the budget of the Republic of Macedonia; 3. Socially-owned and state-owned enterprises, including those that have started the privatisation process. Article 29 The funds provided in the Budget of the Republic of Macedonia for the activity of the political parties amounting to 30%, shall be allocated equally among the political parties which won at least 3% of the votes at the last elections, while the remaining 70% shall be allocated to the political parties whose candidates were elected as representatives in the Assembly of the Republic of Macedonia, according to the number of their representatives. Should the representative be elected as candidate of two or more political parties, the funds shall be divided equally among them, unless they otherwise agree. Article 30 The individual grants, contributions and donations of legal and physical persons may not amount to more than 100 average salaries in the Republic paid for the last month according to the publication of the Republic Bureau of Statistics and may not be cumulated more than once a year. During the elections, the individual grants and donations by legal and physical persons may amount to 200 average wages the most in the Republic, paid in the last month, announced in the Republic Bureau of Statistics. The funds set forth in the paragraph 2 of this Article shall be deposited on a special account of the election fund. Article 31 The political parties shall keep accountancy on the revenues and expenditures. The sources of revenue of the political parties shall be public. The evidence keeping of the revenues shall be presented by type, amount and source. Article 32 Supervision over the financial performances of the political parties shall be done by the competent organ for control of financial and material operations. IV. PENALTY PROVISIONS Article 33 A fine from 4 to 20 salaries shall be levied upon a political party which: - is organised and acts contrary to Article 6 of this Law; - starts to work before being entered in the court register (Article 12); - does not inform, within the determined period, the District Court in Skopje about the changes in the program and statute (Article 16); and - for offences from paragraph 1 of this Article, the responsible person of the political party shall be fined one to one half salary. A fine from one tenth to one half salary shall be levied upon the representative of the political party, should he fall to inform the District Court in Skopje within 15 days after the decision for termination of the political party or reduction of the number of the members determined for founding, for writing off from the court register. Article 34 A fine from 10 to 20 salaries shall be levied upon the legal person in social ownership and legal person where full transformation from social into private ownership has not been made, and which will approve and transfer to the political party on any basis. A fine from one to two salaries for offences from paragraph 1 of this Article shall also be levied upon the responsible person of the legal person. A fine of two salaries shall be levied upon the responsible person of the political party should he fail to report to the competent organ for supervision and control of material and financial performances the payment made on the gyro account of the political party by the legal person as set forth in paragraph 1 of this Article, immediately or within 15 days the latest as of the day of payment. The funds approved and transferred to the political party as set forth in paragraph 1 of this Article, shall be confiscated from the gyre account of the political party and shall be transferred to the Budget of the Republic of Macedonia. V. TRANSITIONAL AND CLOSING PROVISIONS Article 35 The existing political parties shall be liable to comply their programs and statutes with the provisions of this Law within three months as of the day of its coming into force. Article 36 The procedure for registering of the political party which is not completed on the day of the coming into force of this Law shall be completed according to the provisions of this Law. Article 37 The District Court in Skopje shall introduce a court register within three months as of the day of coming into force of this Law. The District Court in Skopje shall enter into the court register the existing political parties registered according to the Law on Social Organisations and Citizen’s Associations, without special request on the basis of the registry book kept by the Ministry of Interior, which the Ministry is liable to submit to the District Court in Skopje within 8 days as of the day of the coming into force of this Law. Article 38 The Minister of Justice and Administration shall adopt the regulations set forth in Article 11, paragraph 3 of this Law within 30 days as of the day of coming into force of this Law. Article 39 The provisions of the Law on Social Organisations and Citizen’s Associations (“Official Gazette of the Socialist Republic of Macedonia”, No 32/83 and 12/90) which refer to the social organisations and citizen’s associations organised for the purpose of exercising the political interests and goals, shall cease to apply on the date this Law takes effect. Article 40 The provisions referring to the authority for registration of political parties in the District Court in Skopje, shall be done by the court which undertakes the authorities of the District Court in Skopje, after the adoption of the Law on Courts. Article 41 This Law shall come into force on the 8th day upon its publication in the “Official Gazette of the Republic of Macedonija”. http://www.mlrc.org.mk/law/l015.htm