Erakonnaseadus (EKS)

§ 1. Definition of political party

(1) A political party is a voluntary political association of Estonian citizens, which has been registered pursuant to the procedure provided for in this Act and the objective of which is to express the political interests of its members and supporters and to exercise state and local government authority.

(2) A political party is a legal person in private law. The Non-profit Associations Act applies to political parties with the specifications arising from this Act.

§ 2. Means for achieving objectives of political party

(1) The means for achieving the objectives of a political party are:

1) the presentation of candidates and conduct of election campaigns of the political party in elections to the Riigikogu and the European Parliament and elections of councils of local authorities;

2) the participation of the political party in the activities of the Riigikogu through members of the political party elected to the Riigikogu; in the activities of the European Parliament through members of the political party elected to the European Parliament; in the activities of councils of local authorities through members of the political party elected to local authority councils; in the election of the President of the Republic, the formation of the Government of the Republic and the executive body of local authority councils through members of the political party elected to the Riigikogu and to the local authority council, respectively; and in international cooperation with political parties of foreign states.

§ 3. Principle of territoriality in formation of political parties

(1) Political parties are formed on the principle of territoriality. Political parties cannot found sub-units in institutions, enterprises or organisations.

(2) The directing bodies and structural units of political parties founded, registered and operating in Estonia must be located within the territory under the jurisdiction of the Republic of Estonia. Structural units of political parties may also be located in a foreign state if this is not contrary to the laws of that state.

§ 4. Restrictions on activities of political parties

(1) Political parties whose objectives or activities are aimed at changing the constitutional order or territorial integrity of Estonia by force or are otherwise contrary to criminal law are prohibited.

(2) Organisations or alliances that possess weapons, are militarily organised or perform military exercises cannot operate as a political party or structural unit of a political party.

(3) Interference in the internal matters of a political party, except in special cases permitted by law, is prohibited.

(4) The formation and operation of political parties or their sub-units or of other political associations or their structural units of other states is prohibited within the territory under the jurisdiction of the Republic of Estonia.

§ 5. Members of political party

(1) An Estonian citizen who has active legal capacity and has attained 18 years of age may be a member of a political party. A citizen of the European Union who is not an Estonian citizen, but has permanent residence in Estonia, has active legal capacity and has attained 18 years of age may also be a member of a political party. A person may be a member of only one political party at a time.

(2) Membership in, the leaving of and exclusion from a political party is regulated by the Non-profit Associations Act, unless otherwise provided for in this Act.

(2¹) In order to become a member of a political party, a person must submit a written application to the political party. In order to leave a political party, a member of the political party must submit a written application to the political party or to the registration department of Tartu County Court (hereinafter registration department). The rights and duties of a member of a political party come into effect as of registration in the list of the members of the political party and terminate as of making a notation in the list regarding the termination of membership in the political party, except in the event specified in clause 4 of subsection 3 of § 8¹ of this Act.

(3) The following persons may not be members of a political party:

1) the Chancellor of Justice and their advisors;

2) the Auditor General and the chief auditor of the National Audit Office;

3) judges;

4) prosecutors;

5) police officers;

6) members of the Defence Forces in active service.

(4) The President of the Republic will suspend his or her membership in a political party for the duration of the term of office.

(5) Political parties cannot have collective members.

§ 5¹. Election coalition

(1) The provisions of subsection 1, clause 3 of subsection 2 and subsection 13 of § 12¹, and subsection 2 of § 12⁵ of this Act apply to election coalitions.

(2) In the course of its operations, an election coalition submits to the Political Party Funding Supervision Committee quarterly reports on donations received by the election coalition.

(3) If an election coalition terminates before the deadline of submission of an election campaign report, the report will be submitted immediately after the termination of the election coalition.

(4) The person authorised to lead an election coalition is liable for the performance of the duties and obligations of the election coalition under this Act.

§ 5². Single candidate

(1) A single candidate is a natural person who runs as a candidate in the elections of the Riigikogu, the European Parliament or the council of a local authority.

(3) The sources of funding of the election campaign of a single candidate include:

1) donations made on the terms and conditions laid down in this Act;

2) personal property of the single candidate.

(5) The provisions of subsection 13 of § 12¹ of this Act apply to single candidates.

§ 5³. Person who incurred election campaign expenses separately

The provisions applicable to single candidates in this Act apply to a person running as a candidate in the list of a political party or election coalition who incurred election campaign expenses separately from the political party or election coalition.

§ 5⁴. Active election campaign period

For the purposes of this Act, an active election campaign period means:

1) in the elections of the Riigikogu and the European Parliament, the period of time from the announcement of the elections until the end of the election day;

2) in the elections of the council of a local authority, the period of time from the 90th day before the elections until the end of the election day.

§ 6. Foundation of political party

(1) A political party is founded by an unattested written memorandum of association. The provisions of the Non-profit Associations Act apply to the memorandum of association of a political party unless otherwise provided by this Act.

(2) A political party is registered if it has at least 500 members.

§ 7. Articles of association and platform of political party

(1) The activities of political parties are based on their articles of association.

(2) The requirements for articles of association provided for in the Non-profit Associations Act apply to the articles of association of a political party.

(2¹) A resolution on amendment of the articles of association of a political party is adopted if over one-half of the members or their representatives who participate in the general meeting vote in favour and the articles of association do not prescribe a greater representation requirement.

(3) The political activity of a political party is based on a platform. The procedures for its approval and amendment are provided for in the articles of association of the political party.

§ 8. Application for entry in register

The following is appended to the application of a political party for entry in the non-profit associations and foundations register, in addition to that provided for in § 10 of the Non-profit Associations Act:

1) a platform signed by the members of the board;

2) a list of members of the political party, which contains members’ names, personal identification codes and the day, month and year of becoming a member of the political party;

3) a sample or sketch of the insignia of the political party if these are prescribed by the articles of association.

§ 8¹. List of members of political party

(1) The list of the members of a political party is kept by the board of the political party in the registration department. The given name and surname, personal identification code, the time of becoming a member and the time of resignation or exclusion from the political party are indicated in the list.

(2) Changes to the list of the members of a political party are made by the board of the political party or a person authorised accordingly by the board.

(3) The registration department will indicate the termination of membership in the list of members of the political party in connection with the following:

1) an application for resignation from the political party submitted to the department;

2) becoming a member of another political party, provided that the time of becoming a member of the other political party comes later;

3) the fact that the person is not an Estonian citizen or a citizen of the European Union having permanent residence in Estonia;

4) the death of the person.

(4) The registration department will immediately inform the political party of making the notations specified in subsection 3 of this section and, in the events specified in clauses 2 and 3 of section 3, also the relevant person.

(5) The registration department will publish the lists of the members of political parties in the online query system of the register of non-profit associations and foundations. Changes will be published immediately. Instead of the personal identification code, the date of birth will be published.

(6) The procedure for maintaining lists of members of political parties and the procedure for notification set out in subsection 4 will be established by a regulation of the minister in charge of the policy sector.

§ 9. Decision on registration of political party

(2) A political party will not be registered under the name of a political party which has already been entered in or deleted from the register.

§ 9¹. Participation and voting in general meeting of political party

A member of a political party or, in the cases prescribed in the articles of association, a representative of a member who is granted an unattested proxy may participate and vote in the general meeting of the political party. Only another member of the political party may be a representative.

§ 12. Ensuring legality of activities of political party, and merger, division and dissolution thereof

(1) The legality of the activities of political parties is ensured and the merger, division and dissolution of political parties is effected on the basis of the Non-profit Associations Act. A merger resolution of political parties is adopted if over one-half of the members who participate in or are represented at the general meeting vote in favour. Political parties participating in merger or division must, in addition to the information prescribed in the Non-profit Associations Act, also submit the information prescribed in § 8 of this Act. The list of members of the political party must reflect the situation following the merger or division.

(2) The registration department has the right to demand that the board of a political party submit the list specified in subsection 2 of § 8¹ of this Act as of the date designated by the registration department if there is reason to believe that the actual number of members of the political party has fallen below 500.

(3) If the number of members of a political party falls below 500 and voluntary dissolution is not commenced, the registration department, in addition to persons specified in subsection 1 of § 40 of the Non-profit Associations Act, may request the commencement of compulsory dissolution.

(4) The activities of a political party whose activities or aims are directed at changing the constitutional order of Estonia by force will be terminated in accordance with the procedure provided for in the Constitutional Review Court Procedure Act.

§ 12¹. Principles of funding of political party and disclosure of information

(1) A political party must, in accordance with the principle of democracy, ensure the lawfulness and complete transparency of its revenue and expenditure at least in the manner prescribed in this chapter.

(2) A political party may receive income only from the following sources:

1) membership fees established on the basis of the articles of association of the political party;

2) allocations from the state budget under this Act;

3) donations made on the terms and conditions laid down in this Act;

4) transactions with the property of the political party.

(3) A political party is prohibited to use public funds for conducting or organising the election campaign of the political party or a person running in the list of the political party, except for the allocations from the state budget based on this Act. An election coalition, single candidate, person running in the list of a political party and person running in the list of an election coalition is prohibited to use public funds for conducting or organising their election campaign. The provisions of § 12⁴ of this Act apply to such prohibited income. For the purposes of this section, ‘public funds’ means state budget funds and local authority budget funds.

(4) As of the end of the quarter, a political party will draw up a quarterly report on the revenues earned and loans obtained following the list of sources specified in subsection 2 of this section and submit it to the Political Party Funding Supervision Committee in the form required by the Committee by the tenth day of the month following the quarter. The report will set out the data specified in subsections 5–7 of this section. The report will be published on the website of the Political Party Funding Supervision Committee. Upon publication of the report on the website of the Political Party Funding Supervision Committee, the personal identification code specified in subsections 6 and 7 of this section will be replaced by the person’s date of birth.

(5) The political party will also disclose the donation that has been returned to the person or transferred to the state budget under subsections 1–3 of § 12⁴ of this Act.

(6) With regard to the membership fee a political party will indicate that it is the membership fee and indicate the name and personal identification of the person who paid it and the amount and date of accrual of the membership fee.

(7) With regard to a donation a political party will indicate that it is a donation and indicate the name and personal identification code of the donator and the value and the date of accrual of the donation.

(8) A political party will draw up a quarterly report on their expenses as of the end of the quarter and submit it to the Political Party Funding Supervision Committee in the required form by the 10th date of the month following the quarter. The report will set out the expenses divided into the following categories:

1) expenses of political activities;

2) labour expenses;

3) administrative expenses.

(9) The expenses of political activities specified in clause 1 of subsection 8 of this section will categorised in the report as follows:

1) advertising expenses by type (television, radio, online, outdoor and newspaper advertising, printed adverting materials);

2) public relations expenses;

3) publication expenses;

4) expenses of public events;

5) Other expenses of political activities.

(10) The administrative expenses specified in clause 3 of subsection 8 of this section include, for the purposes of this Act, office rental and public utility expenses, transportation, heating, telecommunications, fixed asset depreciation, insurance, minor supplies and other similar expenses.

(11) The types of the expenses specified in subsections 8 and 9 of this section and the total quarterly expenses by the expense types will be indicated in the report.

(12) A political party will submit to the Political Party Funding Supervision Committee an accounting printout of its payable bills and the balance sheet as of the end of the quarter by the tenth day of the month following the quarter.

(13) If a political party detects a deficiency in a submitted report, the political party will immediately submit to the Political Party Funding Supervision Committee a report on the change.

(14) A political party maintains a website for publication of information and communicate the address of the website to the registration department.

(15) A political advertisement is labelled in accordance with Regulation (EU) 2024/900 of the European Parliament and of the Council on the transparency and targeting of political advertising (OJ L, 2024/900, 20.3.2024).

§ 12². Borrowing

(1) A political party may enter into a loan contract only if the lender is a credit institution and the lending and borrowing takes place on market conditions. A loan agreement may be secured only with the property of the political party or the suretyship of a member of the political party.

(2) The provisions of subsection 1 of this section do not apply to transactions ordinary in the day-to-day economic activities or to transactions executed on market conditions.

(3) A transaction violating the terms and conditions laid down in this section is deemed a prohibited donation.

§ 12³. Donation

(1) For the purposes of this Act ‘donation’ means a financially assessable benefit, including a service, but not voluntary work, voluntarily given to a political party, a member of a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition, a single candidate or an affiliated organisation of a political party (hereinafter recipient of a donation) for the purpose of supporting their activities.

(1¹) The board of a political party adopts a procedure for accepting donations. The procedure for accepting donations will be published on the website of the political party.

(2) The following is prohibited:

1) anonymous donations;

2) donations by legal persons;

3) the transfer or the granting of use of goods, services or proprietary rights to the recipient of a donation on conditions not available to other persons;

4) release from ordinary binding duties or obligations;

5) waiver of claims against the recipient of a donation;

6) payment of the expenses of the recipient of a donation by third parties for the recipient of a donation with the knowledge of the recipient of a donation or making concessions to the recipient of a donation, unless the payment of such expenses or the making of such concessions is also available to other persons in ordinary economic activities;

7) donation made via a natural person and at the expense of the assets of a third party;

8) donations by foreign nationals, except for donations by citizens of the European Union permanently residing in Estonia;

9) use of the funds provided for in subsection 21 of this section for funding election campaigns;

10) the voluntary giving or grant of use of any other benefit which is deemed a prohibited donation on the basis of law.

(2¹) The compensation paid to a Member of the European Parliament and the funds allocated to a faction from the budget of the European Parliament and the support paid from the budget of the European Union to European political parties and European political foundations and the reimbursement of expenses related to the mandate of a member of the Riigikogu from the budget funds of the Riigikogu are not deemed a donation by a legal person.

(3) A political party is allowed to accept cash donations from a natural person to the extent of up to 1200 euros per financial year. Cash donations are immediately registered by a political party as revenue.

(3¹) A gratuitous contract or another contract serving as a basis for the donation which is contrary to the provisions of subsections 2 and 3 of this section is void. The person who has made a prohibited donation may not claim the return of the donation and the gains derived therefrom.

(4) The usual value of the object or right serves as the basis for evaluation of a non-monetary donation. If there are generally acknowledged experts for evaluation of an object, the object of a non-monetary donation will be evaluated by them. If a non-monetary donation has been evaluated below its actual value, the difference between the values will be deemed a prohibited donation.

(5) Upon submission of the annual report specified in § 12⁹ of this Act, the evaluation of the value of a non-monetary donation must be audited by an auditor who will submit an opinion regarding whether the non-monetary donation was evaluated in accordance with subsection 4 of this section. Among other things, the opinion must contain a description of the non-monetary donation and indicate which method was used for evaluation of the non-monetary donation.

§ 12⁴. Consequences of accepting prohibited donation

(1) The recipient of a donation returns the prohibited donation to the person who made it within 30 days of the date of receipt of the donation. If a prohibited donation has not been returned to the person who made it within the term specified in the first sentence of this subsection, the recipient of the donation is required to transfer the donation to the state revenues. The return of a prohibited donation to the person who made it after the expiry of the term specified in the first sentence does not release the recipient of the donation from the obligation to transfer the prohibited donation to the state revenues.

(2) If the prohibited donation cannot be returned, the recipient of the donation is required to transfer the donation to the state revenues, taking into account the term specified in subsection 1 of this section.

(3) If the prohibited donation is an object and it cannot be returned or if the term provided for in subsection 1 of this section has expired, the recipient of the donation will sell the object at the market price. The income received from the sale of the object will be immediately transferred to the state revenues. If the object cannot be sold with reasonable effort, the object must be transferred in a manner other than by selling at the market price. If the object cannot be transferred, it must be relinquished. The object may not be transferred to a member of the political party, an affiliated organisation of the political party or to a member thereof.

(3¹) A donation made from the funds of the European Parliament for the purpose of financing an election campaign is returned to the European Parliament by the person who received it within the term specified in subsection 1 of this section.

(4) If the value of the prohibited donation is evaluated to be below 100 euros, the provisions of the first sentence of subsection 3 or subsection 5 of this section will not apply.

(5) Evaluation of the usual value of a prohibited donation will, upon submission of the annual report specified in § 12⁹ of this Act, be audited by an auditor who will submit an opinion regarding whether the usual value of the donation was set in accordance with subsections 3 and 4 of this Act. Among other things, the opinion must contain a description of the prohibited donation and indicate which method was used for evaluation of the usual value of the prohibited donation. If the auditor has become aware of a violation of the requirements for the evaluation of the usual value of the prohibited donation, the auditor will inform the Political Party Funding Supervision Committee of the violation.

§ 12⁵. Payment and other accounts of political party and candidate

(1) A political party may use only such payment and other accounts that it has communicated to the Political Party Funding Supervision Committee.

(2) A single candidate may use only such payment and other accounts for receiving election campaigns revenues and incurring election campaign expenses that it has communicated to the Political Party Funding Supervision Committee.

§ 12⁶. Affiliated organisation of political party and participation in other legal persons

(1) For the purposes of this Act 'affiliated organisation of a political party' means a foundation or a non-profit association whose founder or member the political party is and whose activities are aimed at the attainment of the goals and objectives of the political party laid down in § 1 of this Act. The requirements for political parties laid down in §§ 12¹ and 12² of this Act also extend to the affiliated organisations of political parties. Donations of a political party to its affiliated organisation are permitted.

(1¹) Regardless of the founder and membership, in addition to the provisions of subsection 1 of this section, the following legal person related to a political party is also an affiliated organisation of the political party for the purposes of this Act:

1) a regional or national association of members of the political party;

2) any other legal person recognised by the political party as an affiliated organisation.

(2) A political party cannot be a shareholder of any other legal person.

(3) A political party may trade in securities in the securities market in accordance with the Securities Market Act.

(4) A European political foundation is not an affiliated organisation of a political party for the purposes of Regulation (EU) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (OJ L 317, 4.11.2014, pp. 1–27).

(5) A political party must inform the Political Party Funding Supervision Committee of its affiliated organisations.

(6) The requirements provided for an affiliated organisation extend to a legal person as of the day when the political party submitted a notification pursuant to subsection 5 of this section.

§ 12⁷. Allocations from state budget

(1) A political party represented in the Riigikogu has the right to receive an allocation from the state budget by the fifth date of each calendar month. The size of the monthly allocation is one twelfth of the annual amount. The size of the allocation is proportionate to the number of seats obtained in the elections of the Riigikogu.

(2) A political party that participated in the elections of the Riigikogu, but did not exceed the election threshold and received at least:

1) 2% but less than 3% of the votes, will receive an annual allocation of 30 000 euros from the state budget;

2) 3% but less than 4% of the votes, will receive an annual allocation of 60 000 euros from the state budget;

3) 4% but less than 5% of the votes, will receive an annual allocation of 100 000 euros from the state budget.

(3) In the event of a merger of political parties the allocations specified in subsections 1 and 2 of this section are totalled. In the event of division of a political party, the state budget allocation is allocated to the political party being divided and the acquiring political party will not receive any allocation from the state budget. In the event of the division of a political party, the allocation is divided on the basis of the agreement contained in the contract of division of the political parties. In the event of the dissolution of a political party, the right to the state budget allocation will terminate after a dissolution entry has been made in the register, but not later than within two months after the political party made the termination decision.

(4) Amounts to be transferred to a political party are transferred to the account of the political party via the governmental authority determined by the Government of the Republic on the basis of a communication of the National Electoral Committee, which specifies the number of seats obtained by the political parties in the elections of the Riigikogu.

(5) In the year when the elections of the Riigikogu are held, the calculation of state budget allocations will be changed as of the month following the announcement of the election results.

(6) In the event of division of a political party the calculation of state budget allocations will be amended as of the month following the month of division. In the event of dissolution of a political party, the calculation of state budget allocations will be changed as of the month following the term provided for in subsection 3 of this section in accordance with the terms and conditions specified in subsections 1, 2 and 4 of this section.

§ 12⁸. Election campaign report

(1) Political parties, election coalitions and single candidates submit to the Political Party Funding Supervision Committee a report on the expenses of the Riigikogu, European Parliament or local authority council election campaign. The report is submitted to the Political Party Funding Supervision Committee in the required form within one month from the election day. The election campaign report is published on the website of the Political Party Funding Supervision Committee.

(2) A political party submits a report on the election campaign expenses of persons who ran in the list of the political party and on the election campaign expenses of affiliated organisations as well as the origins of the funds used to cover the expenses.

(3) A person who ran in the list of a political party is personally responsible for the lawfulness of their report.

(4) An election coalition submits a report on the election campaign expenses of the election coalition and persons who ran in its list as well as on the origin of the funds used to cover the expenses.

(5) A single candidate submits a report on the election campaign expenses and the origin of the funds used.

(6) An election campaign report is drawn up on expenses incurred for the purposes of the election campaign during the active election campaign period and at other times and is submitted in terms of paid and outstanding expenses. Quarterly reports on expenses outstanding as of the end of the quarter are submitted to the Political Party Funding Supervision Committee by the tenth date of the month following the quarter until the expenses have been paid.

(7) An election coalition specifies in the report the type of the source of revenue specified in subsection 2 of § 12¹ of this Act, which has been used for the election campaign, as well as the loans received, the name and personal identification code or registry code of the person who provided the funds, the value of the funds, and the date of accrual of the funds.

(8) A single candidate indicates the type of the source of the funds specified in subsection 3 of § 5² of this Act, which was used for the election campaign. The name and personal identification of the donator, the value of the donation and the date of accrual and, with regard to personal assets, the sum of money used for the election campaign are indicated with regard to a donation. The report is submitted and disclosed in accordance with the procedure provided for in subsection 1 of this section.

(9) Expenses are recognised based on the following expense types:

1) advertising expenses by type (television, radio, online, outdoor and newspaper advertising, printed adverting materials);

2) public relations expenses;

3) publication expenses;

4) expenses of public events;

5) other election campaign expenses.

(10) The following is indicated in the report regarding expenses:

1) the date of the expense receipt;

2) the number of the expense receipt;

3) the name of the recipient;

4) the personal identification or registry code of the recipient;

5) the expense type;

6) the price of the expense;

7) the expense amount paid;

8) the expense amount payable;

9) the date of payment.

§ 12⁹. Annual report

(1) The financial year of a political party is the calendar year.

(2) The general meeting of a political party or a body replacing it under the articles of association will approve the annual reports of the political party and submit them without information concerning the principal activity electronically in accordance with subsections 5 and 5¹ of § 36 of the Non-profit Associations Act pursuant to the procedure established on the basis of clause 1 of subsection 2 of § 7 of the Commercial Register Act. A political party will submit an annual report along with the opinion of a certified auditor, provided that auditing is mandatory, no later than by 30 June to the registration department who will publish the report in the online query system of non-profit associations and foundations.

(3) The obligation to audit the annual reports of a political party receiving allocations from the state budget is provided for in the Authorised Public Accountants Act.

(4) The annual report of the financial year of a political party also recognises the expenses incurred by the affiliated organisations of the political party for the purpose of attainment of the goals and objectives of the political party.

(5) The provisions of subsection 13 of § 12¹ of this Act apply to the elimination of the deficiencies of the annual report.

(6) If the value of the net assets of a political party as of the end of the financial year has been negative for three consecutive years, the political party will request that the political party funding supervision election committee make proposals for overcoming the economic difficulties, restoring the liquidity, improving the solvency and ensuring the sustainable management of the political party.

§ 12¹⁰. Political Party Funding Supervision Committee

(1) The Political Party Funding Supervision Committee verifies whether a political party, a member of a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition, a single candidate and an affiliated organisation of a political party adhere to the requirements provided for in this Act.

(1¹) The Political Party Funding Supervision Committee advises political parties in matters of funding the political parties and, at the request of a political party, makes proposals to the political party for overcoming economic difficulties, restoring the liquidity, improving the solvency and ensuring the sustainable management of the political party.

(1²) To perform the functions arising from subsections 1 and 1¹ of this section, the Political Party Funding Supervision Committee has the right to demand that a political party, an election coalition or a single candidate undergo a special audit. The Political Party Funding Supervision Committee will appoint an auditor on the basis of three offers from among the certified auditors entered in the auditors activities register. The name of the auditor and the reason of involving the auditor will be communicated to the party to the proceedings before involving the auditor, unless the matter needs to be attended to urgently or if the notification could impede the attainment of the purpose of the audit. The expenses of the audit are covered from the budget of the Political Party Funding Supervision Committee. The Political Party Funding Supervision Committee will establish a more detailed procedure for appointment of auditors.

(2) The Political Party Funding Supervision Committee consists of:

1) a member appointed by the Chancellor of Justice;

2) a member appointed by the Auditor General;

3) a member appointed by the National Electoral Committee;

4) a member appointed by a political party represented in the Riigikogu, who is not a member of the Riigikogu or of the Government of the Republic.

(3) The person appointing the member concurrently appoints their alternate member of the committee.

(4) The term of office of a member of the committee is five years, unless the member of the committee specified in subsection 2 of this section is removed by the person who appointed them before the expiry of the term of office.

(5) A new member of the committee is appointed not later than on the tenth day before the expiry of the term of office of a member of the committee.

(6) The committee will establish its rules of procedure.

(7) The committee has a chairman and a vice chairman who are elected by the committee from among the members of the committee in the first meeting of the committee. A meeting of the Political Party Funding Supervision Committee is called by the chairman or vice chairman of the previous Political Party Funding Supervision Committee not later than on the seventh day following the start of the term of office of the committee.

(8) Members of the committee maintain the confidentiality of the information disclosed to them in the course of the work of the committee, which is not subject to disclosure under this Act.

(9) The Chancellery of the Riigikogu ensures the operations and technical service of the committee.

(10) The committee is registered in the national register of state and local authorities.

(11) A member and a substitute member of the committee are remunerated for participating in a meeting of the committee and for performing other tasks of the committee. The hourly remuneration of a member and a substitute member of the committee is twenty-five times the hourly minimum wage established by the Government of the Republic. The procedure for remuneration is provided for in the rules of procedure of the committee.

§ 12¹¹. Powers of Political Party Funding Supervision Committee

(1) To verify adherence to the requirements of this Act, the Political Party Funding Supervision Committee has the right to require, by a precept, that a political party, a member of a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition, a single candidate, an affiliated organisation of a political party and a third party submit documents and information by a reasonable deadline set by the Committee. A third party may be requested to submit documents and information if there is reason to believe that the person has the information necessary to exercise supervision.

(2) To verify adherence to the requirements of this Act, the Political Party Funding Supervision Committee has the right to require, by a precept, that the person specified in subsection 1 of this section provide explanations in the manner and by the deadline determined by the Committee.

(3) The Political Party Funding Supervision Committee has the right to require, by a precept, that the person specified in subsection 1 of this section or their representative appear at the official premises of the Committee to provide explanations. A reasonable term is set for the appearance. The summons states the purpose and legal basis of the summons and refers to the possibility of applying a non-compliance levy in the event of failure to appear when summoned.

(4) If a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition, a single candidate or an affiliated organisation of a political party has failed to perform the obligation to submit the report required by this Act by the deadline or the report contains deficiencies or has failed to recognise an accepted donation, the Political Party Funding Supervision Committee requires, by a precept, that the requested report be submitted, the deficiencies in the report be eliminated or the accepted donation be recognised by the deadline set by the Committee.

(5) If the recipient of a donation has failed to transfer the prohibited donation to the state revenues in the events specified in subsections 1–3 of § 12⁴ of this Act, the Political Party Funding Supervision Committee requires, by a precept, that the prohibited donation be transferred to the state revenues by the deadline set by the Committee. If a donation made from the funds of the European Parliament for the purpose of financing an election campaign has not been returned to the European Parliament pursuant to subsection 3¹ of § 12⁴ of this Act, the Political Party Funding Supervision Committee requires, by its precept, that the prohibited donation be returned to the European Parliament by the deadline set by the Committee.

(6) The precept specified in subsections 4 and 5 of this section is published immediately after its service on the addressee.

(7) A precept is signed by the chairman or vice chairman of the Political Party Funding Supervision Committee.

(8) A precept requiring a prohibited donation to be transferred to the state revenues by the deadline set by the Committee constitutes an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. The precept becomes subject to compulsory enforcement upon expiry of the term set for the addressee of the precept. The precept is subject to compulsory enforcement to the extent that it has not been complied with, including where it has not been complied with by the reduction in the state budget allocation specified in subsection 3 of § 12¹² of this Act. A confirmation that the precept is subject to compulsory enforcement is appended to the precept by the Political Party Funding Supervision Committee.

§ 12¹². Non-compliance levy, reduction of state budget allocation and interest

(1) In the event of failure to perform the obligation imposed on the basis of subsections 1–4 of § 12¹¹ of this Act, the Political Party Funding Supervision Committee may impose a non-compliance levy of up to 15,000 euros in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act.

(2) a political party receiving allocations from the state budget has not transferred the prohibited donation to the state revenues by the deadline set in the precept, the Political Party Funding Supervision Committee will have the right to reduce the allocation paid on the basis of subsections 1 and 2 of § 12⁷ of this Act.

(3) The Political Party Funding Supervision Committee reduces the monthly state budget allocation as of the calendar month following the deadline set in the precept. The allocation is reduced to the extent of 50 per cent until the amount of the prohibited donation has been fully withheld from the allocations, but for no longer than 12 months.

(4) To the extent that the amount of the donation specified in the precept cannot be deducted from the state budget allocations, the Political Party Funding Supervision Committee may enforce the obligation imposed by the precept pursuant to the procedure provided for in the Code of Enforcement Procedure.

(5) The recipient of a prohibited donation is required to pay interest of 0.06 per cent per day on the amount of the prohibited donation. Interest is calculated as of the day following the day when the recipient of the donation had to transfer the prohibited donation to the state revenues until the day when the donation has been transferred to the state revenues, the state budget allocations have been reduced to the corresponding extent or compulsory enforcement has been conducted in enforcement proceedings in respect of the obligation imposed by the precept.

(6) The Political Party Funding Supervision Committee determines, by a precept, the amount of interest payable to the state revenues. The precept sets out a term for the performance of the obligation.

(7) If a political party receiving allocations from the state budget has not transferred the amount of interest to the state revenues by the deadline set in the precept, the Political Party Funding Supervision Committee will have the right to reduce state budget allocations pursuant to the procedure provided for in subsections 2–4 of this section.

(8) A precept requiring an amount of interest to be transferred to the state revenues constitutes an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. The precept becomes subject to compulsory enforcement upon expiry of the term set out therein. The precept is subject to compulsory enforcement to the extent that it has not been complied with, including where it has not been complied with by the reduction in the state budget allocation specified in subsection 3 of this section. A confirmation that the precept is subject to compulsory enforcement is appended to the precept by the Political Party Funding Supervision Committee.

§ 12¹³. Appealing against activities of Political Party Funding Supervision Committee

If a political party, a member of a political party, a person running as a candidate in the list of a political party, an election coalition, a person running as a candidate in the list of an election coalition, a single candidate, an affiliated organisation of a political party or another person finds that the activities of the Political Party Funding Supervision Committee violate their rights, the person may have recourse to the court pursuant to the procedure established in the Code of Administrative Court Procedure.

§ 12¹⁴. Failure to inform of payment and other account of political party

(1) The penalty for failure to inform the Political Party Funding Supervision Committee of a payment and other account of a political party

is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 15 000 euros.

§ 12¹⁵. Failure to inform of payment and other account of election coalition or single candidate

The penalty for failure by an election coalition or a single candidate to inform the Political Party Funding Supervision Committee of the use of a payment and other account for election purposes

is a fine of up to 300 fine units.

§ 12¹⁶. Failure to inform of affiliated organisation of political party

(1) The penalty for failure to inform the Political Party Funding Supervision Committee of an affiliated organisation of a political party is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 15 000 euros.

§ 12¹⁷. Failure to perform reporting obligation

(1) The penalty for violation of the obligation to submit a statement of revenue and expenses of a political party or failure to submit an election campaign report by a political party, an election coalition, a person running as a candidate in the list of a political party or election coalition or a single candidate

is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 20 000 euros.

§ 12¹⁸. Making and accepting prohibited donations

(1) The penalty for making or accepting a prohibited donation is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 15 000 euros.

§ 12¹⁹. Provision of false information and incorrect information

(1) The penalty for the intentional provision of the Political Party Funding Supervision Committee with false information or incorrect information is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 15 000 euros.

§ 12²⁰. Proceedings

(2) Extrajudicial proceedings of the misdemeanours provided for in §§ 12¹⁴–12¹⁹ of this Act are conducted by police prefectures.

(3) The misdemeanour cases provided for in §§ 12¹⁴–12¹⁹ of this Act are adjudicated by county courts.

§ 13. Implementation of Act

(2) Until the elections of the VIII composition of the Riigikogu, political parties may be founded and registered if they have at least 200 members.

(3) Section 11 of this Act is implemented as of the date of announcement of the results of the elections of the VIII composition of the Riigikogu.

(4) Upon entry in the non-profit associations and foundations register of a political party which was registered earlier, the minutes of the general meeting whereby the text of the articles of association of the political party in force was adopted are appended to the application for entry in the non-profit associations and foundations register and the application is signed by the board which was elected at the general meeting.

(5) Loan agreements and credit agreements entered into by political parties until 1 January 2004 will remain in force.

(6) If a person has been included in the list of the members of several political parties, the register will identify in which political party the person has become a member the most recently and indicate the time of becoming a member in the new political party as the time of resignation from the political party in the list of members of the prior political party by 20 January 2011.

(7) The second sentence of subsection 2 and subsection 4 of § 12⁹ of this Act apply to the reporting period of political parties, which commences on 1 January 2011.

(8) Section 12¹⁰ of this Act will enter into force on the day of commencement of the term of office of the XII composition of the Riigikogu.

(9) Members of the Political Party Funding Supervision Committee will be appointed within one month after the entry into force of § 12¹⁰ of this Act. The first meeting of the Political Party Funding Supervision Committee will be called by the President of the Riigikogu.

(10) Subsection 11 of § 12¹⁰ of this Act will apply to members and substitute members of the committee retroactively as of 1 January 2012.

(11) Subsections 4–13 of § 12¹ apply to the affiliated organisation of a political party specified in subsection 1¹ of § 12⁶ of this Act as of 1 January 2028.

§ 14

[Omitted from this text.]