The National Electoral Commission has published on its website a resolution, according to which the party has rejected a report by Ryszard Petru “on income, expenditure and financial liabilities”. This means that .Nowoczesna could lose 75 percent. grants.
The whole thing has to do with the financial report the party related to the participation in the elections to the Polish Sejm and the Polish Senate, held on 25 October 2015 .
According to the auditors party unlawfully spilled loan on account of the Election Committee. As for the amount of nearly two million, which .Nowoczesna borrowed from the bank before the election. According to the report the money hit the bank directly to the account of the Election Committee. Meanwhile, according to the Electoral Code, they should first hit the account of the party election fund, and only then on account of the election committee.
The adoption of these measures is a violation of art. 132 § 1 of the Election Code, according to which the financial resources of an election committee of a political party can only come from the election fund of the party, created under the provisions of the Act of 27 June 1997. Political Parties (Journal of Laws of 2011. No. 155 item. 924, as amended. d.). Action contrary to this provision does not take place only in case of adoption by the Committee of the funds paid by an entity other than a political party, ie. By individuals, legal persons and entities, the legislation grants legal capacity without giving legal personality, but also when payment this will make a political party, which has set up an election committee, but from sources other than the electoral Fund measures, including the accumulated current account. In such a situation, the Committee should not accept funds paid in breach of the law, but to make them return immediately to the account from which the deposit. The provision of Article. 132 § 1 of the Code of the election is at the same categorical and does not leave any margin for assessment of its infringement, in particular, whether it occurred through the fault of the person making the payments to the Committee, and whether the person acted under the influence of fatigue or stress . The position taken in this regard by the National Electoral Commission is
confirmed by the jurisprudence of the Supreme Court – says in the resolution of the NEC.
In practice, this means that. modern can lose 75 percent. grants, or about 6 million zł.
Proxy financial .Nowoczesna Election Committee shall have 14 days to bring an action against the decision of the National Electoral Commission to the Supreme Court.
Party, whose leader is Ryszard Petru, published on “Twitter” the statement ws. The resolution of the National Electoral Commission.
| lml | pkw.gov.pl, Cable Republic |
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