Agency for Prevention of Corruption

Notice for subjects to the Law

Obligations and prohibitions in the election campaign
Jan. 12, 2021

By the decision of the President of Montenegro from January 5, 2021, elections for councilors in the Municipal Assembly of Nikšić were announced, for March 14, 2021.

The Law on Financing of Political Entities and Election Campaigns (“Official Gazette of Montenegro”, No. 3/20, 38/20) prescribes obligations, restrictions and prohibitions for government bodies, political entities, entities providing media advertising services and the Agency for Prevention of Corruption during the campaign.

From the day of announcing the elections, there are deadlines for the state authorities to publish and submit to the Agency reports from the accounts in their possession, statements from the state treasury and analytical cards on budget reserve spending, data on distribution of social benefits, employment decisions and other documents for the purpose of transparency in the use of public resources during the election campaign.

The obligation to publish relevant data is prescribed at the seven-day level (the day for publication is Tuesday, starting from 12.01).

Subjects to the law are obliged to adhere to the prohibitions and restrictions prescribed by the Law, which, among other things, refer to the restriction of employment, restrictions on monthly consumption, prohibition of the use of public premises under conditions that are not equal for all political entities, etc.

Obligations, prohibitions and restrictions for state authority can be found on the link Instructions for subjects to the Law, as well as in the attachment.

The law prescribes obligations and prohibitions for political entities whose electoral list is confirmed or who start the election campaign before the confirmation of the electoral list, which primarily refers to opening a giro account, appointing a responsible person, respecting the prescribed reporting deadlines and restrictions on fundraising and spending.

Entities that provide media advertising services of the election campaign are obliged to submit to the Agency a price list of media advertising services in the election campaign within ten days from the day of calling the election, which may not be changed during the election campaign. Entities that do not submit the price list of election advertising in accordance with the prescribed deadline are prohibited from providing media advertising services.

Also, entities that provide media advertising services are obliged to submit to the Agency the contracts they have concluded with political entities in connection with the election campaign within five days from the day of concluding the contract. The obligation to submit price lists applies to all media entities in the territory of Montenegro that provide media advertising services to political entities, i.e broadcasters providing AVM (audio, visual and media) services registered for radio and television activities, and Internet publications as media whose content is disseminated via the Internet (portals), regardless of the municipality in which the elections are held.

The Agency will carefully monitor the implementation of these obligations, continuously provide subjects to the law with guidelines and opinions regarding the application of the law, and in case of its violation, initiate the prescribed procedures. Also, a substantial control of the activities, collected and spent funds of political entities in the campaign will be performed, full transparency of the use of public resources will be provided and all complaints on suspicion of violation of the Law will be acted upon.

For all additional information, subjects to the law can contact the Department for Control of Financing of Political Entities and Election Campaigns, phone 020 / 407-706 and by email finansiranje@antikorupcija.me.

News