report nine months after the June 2020 elections) and, secondly, there is no obligation of
interim reporting, i.e., financial reporting prior to election day. Although it is clear what would
be the good effects of interim reporting (primarily in terms of the transparency of the entire
process), clearly there are some objective challenges in implementing this solution due to the
low capacity of political organisations and, more importantly, due to possible issues with
verifying the submitted data.
Of the 949 political organisations that participated
One in five participants in the
in the 2020 elections (336 political parties, 373 coalitions
2020 election did not submit
and 203 citizens’ groups), 202 did not fulfil their basic
financial reports in due time,
duty of submitting financial reports in due time,
two
thirds of which are citizens’
meaning one in five participants in the election. The worst
groups. The ACA pressed 144
landscape - a testimony to their poor capacities - is among
misdemeanor charges.
the citizens’ groups, where two thirds of the participants in
the election did not comply with their legal duty. Following this, the ACA pressed 144
misdemeanor charges by the end of 2020, and four convictions were made (not final).63 The
data indicates that citizens’ groups must be addressed with a number of activities with a view
to raising their capacities in the election process.
Table 4.1.2.6.1. Submitted financial reports for all election levels in 2020
Submitted in due
time
Not submitted
Political parties
336
38
Citizens’ groups
68
135
Coalitions
343
29
Total
747
202
Political organisations
Referring to 2019 legislative changes in terms that political organisations are not allowed to
use budget funds that candidates in the election and candidate lists such as public office holders,
public administration officials or directly elected persons can dispose of in the discharge of
their official duties, the ACA states in its report that it issued 34 decisions as an institution
pursuant to charges pressed against political organisations. A breach of regulations was
established in eight cases, which led to the issue of five warnings and submitting three requests
to initiate misdemeanor proceedings.64
The Law on financing political activities incorporates legal provisions relevant to resolving
complaints to the ACA related to campaign financing and utilization of public resources,
however IFES stated in its assessment of Serbian elections65 that ‘individual provisions in the
Law on Prevention of Corruption generally apply to complaints about corruptive behavior,
and these include more detail than the provisions of the Law on financing political activities’.
The Anti-Corruption Agency Report on the 2020 Election Campaign Finance Audit, March 2021. https://www.acas.rs/wpcontent/uploads/2021/04/Izvestaj-verzija-V-Kampanja-konacno.pdf
64 Ibid.
65 IFES, Technical Election Assessment Mission (TEAM) in Serbia, 2021
63
42