Post-war election finance: control and security at the UNBA round table

The financing of election campaigns in Ukraine is particularly important during the post-war recovery period. Transparency and accountability of election spending must be guaranteed to ensure fair and democratic elections, despite security and economic challenges.

Legislative changes and practical challenges were the subject of a roundtable organized by the Committee on electoral law of the Ukrainian National Bar Association. Advocates, members of the Central Election Commission, and representatives of civil society organizations took part in the discussion.

Opening the event, the chairman of the UNBA's relevant Committee, Alla Basalaeva, emphasized the relevance of the topic and suggested focusing on key issues: ensuring transparency and control of election finances, countering shadow schemes, finding sources of campaign funding, and minimizing external influence.

The problem of shadow financing and insufficient control over election campaign spending is common to many countries, noted Andriy Yevstigneev, the co-moderator of the round table, member of the CEC and the UNBA Committee Council. He cited the examples of Bosnia and Herzegovina, Albania, Moldova, and Romania, where these challenges also remain relevant.

Among the possible solutions, the speaker mentioned proper legislative regulation, transparency of reporting, automation of election finance control, and criminal liability for legalizing shadow spending—in particular, the payment of campaign staff or advertising on social networks. He paid particular attention to the need for legal education of voters, awareness campaigns, and interaction with online platforms to control political advertising.

Bogdan Mokhonchuk, legal advisor to the OPORA Civil Network, emphasized the gap between official reports and the actual costs of election campaigns, a significant portion of which remain hidden and virtually uncontrolled. He identified foreign financial interference as a separate challenge, citing the example of Moldova, where political parties were financed from abroad.

Among the possible solutions, the speaker mentioned the introduction of sanctions and additional criminalization of electoral violations, strengthening the role of the State Financial Monitoring Service, and establishing close cooperation between the NACP and the CEC. At the same time, he drew attention to the selective nature of financial report control and the need to make this process systematic.

Lyubov Krygan, member of the Committee, elaborated on the topic of interference in the electoral process in Moldova, where Telegram channels and banking institutions were used to bribe voters. In her opinion, the practice of countering such manifestations should become an important lesson for Ukraine during post-war elections. The speaker stressed that election financing should be considered in the context of national security. In this context, it is particularly important to introduce strict rules for banking institutions and electoral actors in order to properly verify election finances.

The problem of chronic underfunding of the Central Election Commission during inter-election periods and outdated approaches to financing local elections was outlined by Serhiy Dubovyk, the deputy chairman of the CEC. He proposed placing partial financial responsibility on electoral actors. Among the priorities, the speaker noted the need for centralized election financing, strengthened financial monitoring, and restrictions on external influence from unfriendly states and their affiliated organizations.

Boris Siklitsky, member of the Committee, also weighed in on the issue of control over election funds. He supported the need for enhanced oversight of the use of funds, but cautioned against transferring these functions to the National Agency for Corruption Prevention (NACP). According to the speaker, the current legislation suffers from a lack of a clear definition of the term «election campaign», which creates risks of misinterpretation. At the same time, he stressed the importance of transparent reporting of expenses, noting that excessive regulation could, on the contrary, limit the openness of the electoral process.

Tetiana Savyak, member of the Committee, emphasized the need to change the approach to financing members of territorial election commissions and to involve local organizations in the preparation of financial reports. Among the innovations, she noted the idea of creating an electronic platform for election finances, provided for in draft law No. 11462 of 05.08.2024 «On amendments to certain legislative acts of Ukraine regarding the improvement of rules for financing election campaigns and control of election funds». At the same time, the speaker warned of the risks of cyberattacks and stressed that a complete rejection of paper media may be inappropriate.

The need for a systematic approach to election financing, taking into account the Budget Code of Ukraine and subordinate regulatory and legal acts, was emphasized by Volodymyr Kistyanyk, the deputy chairman of the Committee. The speaker stressed the importance of optimizing public spending by increasing the institutional and functional capacity of election administration bodies, expanding international cooperation, and introducing best foreign practices. At the same time, the speaker noted that election financing should not create an excessive financial burden on citizens.

The discussion showed that election financing in the post-war period requires a comprehensive approach — from transparent control of election funds and legalization of actual expenditures to prevention of external influence and cyber threats. The roundtable participants agreed that these issues should be considered in close connection with the state's budget policy, national security, and international standards, and that the proposals developed should form the basis for legislative changes.

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