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Annual financing of independent representatives

22.04.2021.

Basic obligations of independent representatives in relation to regular annual funding are:

  • opening a special account for regular financing of their activities;
  • keeping business books in accordance to the regulations on accounting of non-profit organizations;
  • adoption of a work program for the term of office at the beginning of the term;
  • adoption of the annual work program and financial plan for the next calendar year no later than at the end of the current year;
  • publishing reports on donations received in support of their political activities in the first six months of the current year (semi-annual report), or notifying them that they have not received donations on their website during that period, by 15 July of the current year at the latest;
  • preparation, submission and publication of the financial report for the reporting period from 1 January to 31 December (Annual financial report); and
  • delivery by e-mail to the State Election Commission of the web address on which they published the semi-annual report / notice and the Annual Financial Report.

 

Independent representatives may, in order to achieve their political goals, generate income from:

  • property in its ownership, publishing activities, voluntary contributions (donations), sale of propaganda material and from other legally permitted sources;
  • from the state budget under the conditions and in accordance to the “Zakon o financiranju.”

Independent representatives are obliged to open a special account for regular financing of their activities, no later than 15 days from the beginning of the mandate.

 

Special account:

  • It is intended for the payment of grants to support political activity (excluding grants to finance election campaign) and payment of funds from the budget for regular annual funding.
  • It is not intended to receive other payments made by the account owner on other basis.
  • The funds from this account may be used exclusively in accordance with the financial plan and work program, and may not be used to repay personal debts or for other private purposes of an independent representative.

 

Who CAN donate to independent MPs?

  • Natural and legal persons who, once or several times during a calendar year, voluntarily give money, i.e. provide services or products free of charge, for their political work.

 

Who CANNOT donate to independent MPs?

  • Foreign states, foreign political parties, foreign legal entities;
  • state bodies, public enterprises, legal entities with public authorities, companies and other legal entities in which the Republic of Croatia, i.e. local and regional self-government units have shares or stocks, and public and other institutions owned by the Republic of Croatia, i.e. local and regional units regional self-governments;
  • workers and employers associations or unions;
  • associations and foundations represented or represented by state officials or officials of local and regional self-government;
  • religious communities, humanitarian and other non-profit associations and organizations;
  • natural and legal persons against whom the procedure of collection of due outstanding liabilities towards the budget or employees is conducted;
  • units of local and regional self-government, except in cases and in the manner prescribed by the Law on Financing;
  • unnamed (anonymous) sources; and
  • third parties (intermediaries), either in cash or in the form of products.

 

Individuals and legal entities can donate to independent representatives once or several times during a calendar year. Donations in cash are paid by the donor to a special account of an independent representative.

The total value of a donation from a natural person to one independent representative may not exceed the amount of HRK 30,000.00 (thirty thousand Croatian kunas) in a calendar year.

The total value of a donation from a legal entity to one independent representative may not exceed the amount of HRK 100,000.00 (one hundred thousand) in a calendar year.

The semi-annual report is a report on donations received by independent MPs in the first six months of the current year to support their political activities, which they are obliged to publish on their websites.

The semi-annual report should contain specific data on the donor, the date of payment of the donation, i.e. the provision of products or services free of charge, the amount of the donation or the market value of the donated product or service indicated on the non-collection invoice, and the type of each donation.

The prescribed form for the semi-annual report (form IZ-D) is available on the website of the State Election Commission.

The semi-annual report / notice of not having received any donations must be published by independent representatives no later than 15 July of the current year, and the publication must be publicly visible for at least 30 days.

Independent agents are required to prepare and submit a financial report for the reporting period from 1 January to 31 December (Annual Financial Report) in accordance with the accounting regulations.

As an annex to the Annual Financial Report, independent representatives are obliged to enclose:

  • annual work program,
  • financial plan,
  • work program for the term of office, and
  • report on donations (form IZ-D) received during the year with specified data on natural and legal persons who made donations, the date of payment of the donation, or provision of products or services free of charge, the amount of donation paid, or the market value of the donated product or services indicated on the invoice that is not subject to collection, and the type of each individual donation.

Independent representatives are required to submit the Annual Financial Report with all the components listed to the State Election Commission and the State Audit Office within 60 days from the end of the reporting period.

 

Delivery is made to the following addresses:

  • The State Election Commission of the Republic of Croatia (Visoka 15, Zagreb), with the note “Annual Financial Report,” and
  • State Audit Office (Tkalčićeva 19, Zagreb).

Independent deputies who are not re-elected to the Croatian Parliament at the end of their term of office are obliged to:

  • close a special account for regular financing of their activities no later than 6 months from the day of the constitution of the new convocation of the Croatian Parliament, and
  • prepare a financial report with a date preceding the date of closing the special account for regular financing of their activities and submit it to the State Election Commission and the State Audit Office, no later than 30 days from the date of closing the special account for regular financing of their activities.

Independent Members whose term of office ended before the expiration of the term for which they were elected shall:

  • close a special account for regular financing of their activities no later than 6 months from the end of their mandate, and
  • prepare a financial report with a date preceding the date of closing the special account for regular financing of their activities and submit it to the State Election Commission and the State Audit Office, no later than 30 days from the date of closing the special account for regular financing of their activities.

 

Administrative sanctions

Irrespective of the misdemeanor liability, the payment of funds for regular annual financing from the state budget shall be suspended to an independent representative who:

  • fails to submit to the State Election Commission and the State Audit Office the Annual Financial Report with the prescribed attachments within the prescribed deadline; and
  • does not publish a semi-annual report on donations received nor a notice that it has not received donations.

The decision to suspend the payment of funds for regular annual financing from the state budget, at the proposal of the State Election Commission or the State Audit Office, is made by the Committee on the Constitution, Poslovnik, and the political system of the Croatian Parliament.

The suspension of the payment of funds for regular annual financing from the state budget lasts until the submission of the Annual Financial Report to the State Election Commission and the State Audit Office, i.e. until the publication of data on donations.

 

Misdemeanor sanctions

For violations of the Financing Act, fines in the amount of HRK 30,000.00 to 50,000.00 may be imposed on independent representatives.

The State Audit Office and the State Election Commission are obliged, within their scope, to notify the State Attorney's Office of the Republic of Croatia of established violations of the Financing Act.

 

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