Former Minister of Agriculture Prisyazhnyk, a paragon of corruption under Yanukovych, ran in the presidential elections to sit out the post-revolutionary months in safety. Prisyazhnyk is now leading the "rural" party Zastup into parliament.
Below is the agreement that Prisyazhnyuk signed with Russian investors of his political project.
CONTRACT
on the financing of a political party
Kyiv, 2014
The Contractor undertakes to, by all its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure and/or in every possible way assist in obtaining by the political party of Ukraine "Zastup" (hereinafter referred to as the "Party") at the elections of people's deputies to the Verkhovna Rada of Ukraine (hereinafter referred to as the "Elections") next from the date of the conclusion of this agreement, not less than 5 (five) percent of the votes of voters relative to the total number of votes of voters cast for candidates for deputies included in the electoral lists of parties (hereinafter referred to as the "Election Barrier").
In the event of a change in the legislation of Ukraine during the period of validity of this agreement in terms of reducing or increasing the Entry Barrier for Elections, paragraph 1 of this agreement shall be amended automatically in terms of ensuring that the Contractor receives the required number of votes by the Party without signing an additional agreement thereto on the day of entry into force of the regulatory legal act that introduces the specified changes to the legislation of Ukraine.
In the event of a change in the legislation of Ukraine during the period of validity of this agreement, not related to the reduction or increase of the Election Barrier specified in paragraph 1 of this agreement, but in any way affecting and/or changing the legal procedure for the distribution of deputy mandates in the Verkhovna Rada of Ukraine based on the results of the elections, regardless of the norms of the electoral legislation of Ukraine in force both at the time of signing of this agreement and during the period of its implementation, the Contractor undertakes the obligation, in accordance with paragraph 1 of this agreement, to ensure that candidates for deputy from the Party receive the right to participate in the distribution of deputy mandates in the Verkhovna Rada of Ukraine.
To select candidates and resolve any other issues related to the implementation of this Agreement, the Parties shall create a commission (hereinafter referred to as the “Commission”).
The Commission consists of 10 members. The Investor appoints 60% of the Commission members, and the Contractor appoints 40% of the Commission members.
Changes to the Commission's composition occur through the nomination or removal of candidates based on the quota between the Contractor and the Investor. The Investor's quota is 60%, while the Contractor's quota is 40%.
The Commission makes its decision by voting among its members. The voting results are recorded in the minutes of the Commission meeting, which are signed by all Commission members.
A meeting of the Commission is considered valid if at least 70% of its members are present.
The Commission's decision is considered adopted if more than 50% of the Commission members voted for it.
Issues related to the implementation of paragraphs 5, 6, 7, 8, 9, 10, 11, 12 shall be decided by the Parties only after approval by the Commission.
The consideration of issues by the Commission may be initiated by either the Investor or the Contractor through members of the Commission.
The Commission is obliged to make a decision on the issue initiated by any of the members of the Commission.
The parties agree that, during the term of this Agreement, any changes to the Party's objectives, as well as any amendments to the Party Charter, are subject to mandatory approval by the Contractor and the Commission. The Contractor undertakes, through all its actions, skills, abilities, intentions, oral and written statements, and through its political or other influence, to ensure and/or facilitate the continuation of the Party's active political activities to achieve its statutory goals and objectives during the term of this Agreement, and to actively participate in the upcoming elections to local government bodies of Ukraine, the Verkhovna Rada of Ukraine, the presidential elections, and the political life of Ukraine.
The Contractor undertakes to, by all its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure the inclusion of candidates determined by the Investor, after approval by the Commission, in the electoral list of candidates for people's deputies of the Verkhovna Rada of Ukraine from the Party and the approval of this list by the authorized governing body of the Party, and also to prevent the further exclusion of candidates determined by the Investor from the said list.
The list of the above-mentioned candidates, determined by the Investor, after approval by the Commission, is compiled by the Parties in the form in accordance with Appendix 1 to this agreement and signed by both Parties.
The fact and date of notification by the Commission of the Contractor about the list of candidates for the electoral list of the Party of Candidates for People's Deputies of the Verkhovna Rada of Ukraine shall be the signature of at least one member of the Commission elected to the Commission under the Contractor's quota in the minutes of the relevant meeting of the Commission.
The parties agreed that the Party's candidates for the first and second numbers on the specified list shall be agreed upon by the Contractor with the Commission without fail.
The parties agreed that the list of candidates for People's Deputies from the Party in the Elections shall be formed in the following order:
60% of the Party's candidates for People's Deputy in the Elections are determined by the Investor; 40% of the Party's candidates for People's Deputy in the Elections are determined by the Contractor.
The Contractor undertakes to coordinate the list with the Commission before the approval of the list of candidates for people's deputies from the Party in the Elections by the authorized governing body of the Party.
The Contractor undertakes to prevent the approval of the list of candidates for people's deputies from the Party in the Elections by the authorized governing body of the Party without the approval of this list by the Commission.
The Contractor undertakes to, by all of its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure the appointment of candidates determined by the Investor, after approval by the Commission, to the positions of distributors of the Party's electoral fund in the Elections, and also to prevent further dismissal from the said positions of candidates determined by the Investor.
The list of the above-mentioned candidates determined by the Investor, after approval by the Commission, is compiled by the Investor in the form in accordance with Appendix 2 to this agreement and signed by both Parties.
The fact and date of notification by the Investor to the Contractor about the list of candidates for the position of distributors of the Party's electoral fund shall be the signature of at least one member of the Commission elected to the Commission according to the Contractor's quota in the minutes of the relevant meeting of the Commission.
The Contractor undertakes to use all of its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence to ensure the appointment of candidates determined by the Investor, after approval by the Commission, to the positions of Deputy Head (First Leader) of the Party, and also to prevent further dismissal from these positions of candidates determined by the Investor.
The parties have agreed that 60% of the vacancies for the position of Deputy Head (Chief Executive) of the Party, existing at the time the Party's authorized body decides to appoint the above-mentioned candidates, will be filled exclusively by candidates nominated by the Investor. The remaining 40% of vacancies for the position of Deputy Head (Chief Executive) of the Party will be filled exclusively by candidates nominated by the Contractor.
The list of the above-mentioned candidates determined by the Investor, after approval by the Commission, is compiled by the Investor in the form in accordance with Appendix 3 to this agreement and signed by both Parties.
The fact and date of notification by the Investor to the Contractor of the list of candidates for the positions of Deputy Head (First Leader) of the Party shall be the signature of at least one member of the Commission elected to the Commission under the Contractor’s quota in the minutes of the relevant meeting of the Commission.
The Contractor undertakes to, by all of its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure the appointment of candidates determined by the Investor, after approval by the Commission, to the statutory governing body of the Party - the Political Council of the Party, and also to prevent further dismissal from the said positions of candidates determined by the Investor.
The parties agreed that 60% of the vacancies on the Party's Political Council, existing at the time the Party's authorized body decides to appoint the above-mentioned candidates, will be filled exclusively by candidates proposed by the Investor. The remaining 40% of vacancies on the Party's Political Council will be filled exclusively by candidates proposed by the Contractor.
The list of the above-mentioned candidates determined by the Investor, after approval by the Commission, is compiled by the Investor in the form in accordance with Appendix 4 to this agreement and signed by both Parties.
The fact and date of notification by the Investor to the Contractor of the list of candidates for the statutory governing body of the Party - the Political Council of the Party is the signature of at least one member of the Commission elected to the Commission under the Contractor's quota in the minutes of the relevant meeting of the Commission.
The Contractor undertakes to, by all of its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure the appointment of candidates determined by the Investor, after approval by the Commission, to the statutory governing body of the Party - the Presidium of the Party, and also to prevent further dismissal from the said positions of candidates determined by the Investor.
The parties agreed that 60% of the vacancies on the Party Presidium, existing at the time the Party's authorized body decides to appoint the above-mentioned candidates, will be filled exclusively by candidates proposed by the Investor. The remaining 40% of vacancies on the Party Presidium will be filled exclusively by candidates proposed by the Contractor.
The list of the above-mentioned candidates determined by the Investor, after approval by the Commission, is compiled by the Investor in the form in accordance with Appendix 5 to this agreement and signed by both Parties.
The fact and date of notification by the Investor to the Contractor of the list of candidates for the statutory governing body of the Party - the Presidium of the Party is the signature of at least one member of the Commission elected to the Commission under the Contractor's quota in the minutes of the relevant meeting of the Commission.
The Contractor undertakes to use all of its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence to ensure the appointment of the candidate determined by the Investor, after approval by the Commission, to the position of the first head (Chairman) of the statutory control body of the Party - the Audit Commission of the Party, and also to prevent the subsequent dismissal from the said position of the candidate determined by the Investor.
The Investor, after approval by the Commission, indicates the above-mentioned candidate in the form in accordance with Appendix 6 to this agreement, which is signed by both Parties.
The fact and date of notification by the Investor to the Contractor about the candidate for the position of the first head (Chairman) of the statutory control body of the Party - the Audit Commission of the Party is the signature of at least one member of the Commission elected to the Commission under the Contractor's quota in the minutes of the relevant meeting of the Commission.
The Contractor undertakes to, by all its actions, independently and/or jointly with third parties, skills, abilities, intentions, oral and written statements, using its political or other influence, ensure the appointment of candidates determined by the Investor, after approval by the Commission, to the positions of chairmen (first leaders) of local and regional party organizations of the Party, and also to prevent further dismissal from the said positions of candidates determined by the Investor.
The parties agreed that 60% of the vacancies for chairmen (senior leaders) of the Party's local and regional party organizations, in office at the time the Party's authorized body decides to appoint the above-mentioned candidates, will be filled exclusively by candidates proposed by the Investor, taking into account the number of regions and the number of voters residing in these regions. The remaining 40% of the vacancies for chairmen (senior leaders) of the Party's local and regional party organizations will be filled exclusively by candidates proposed by the Contractor.
The list of the above-mentioned candidates and the list of the corresponding local and regional party organizations of the Party, in which the said candidates are intended for appointment, determined by the Investor, after approval by the Commission, shall be compiled by the Investor in the form in accordance with Appendix 7 to this agreement and signed by both Parties.
The fact and date of notification by the Investor to the Contractor of the list of candidates for the positions of chairmen (first leaders) of local and regional party organizations of the Party shall be the signature of at least one member of the Commission elected to the Commission under the Contractor's quota in the minutes of the relevant meeting of the Commission.
The Investor will finance the Party upon the Contractor's signing of this Agreement. The Investor undertakes to finance the Party in the amount and manner specified in the schedule provided by the Contractor and agreed upon by the Investor within 3-5 days of signing this Agreement.
The agreed financing schedule is signed by both parties.
The actual amount of financing will be confirmed by the Contractor in a free-form receipt addressed to the Investor on the day of such financing. The Contractor's signature on this receipt will serve as confirmation of the financing by the Investor.
The Contractor also undertakes to:
organize the work of the Central Office of the Party in accordance with the tasks defined by this Agreement;
provide legal support for the organizational development of the Party and the electoral process;
to form a network of regional leaders, district managers, site foremen, and foremen;
support the electoral process: conducting campaigning work, distributing party and campaign materials, placing outdoor advertising, organizing and implementing special projects;
ensure timely implementation of the election campaign schedule (formation of regional Party headquarters, district (territorial) and precinct election commissions);
conduct a parallel vote count;
ensure the holding of Election Day.
The investor also undertakes to:
conduct systematic sociological research;
ensure the activities of the Party's general political strategist;
provide media coverage of the Party’s activities, as well as the development and production of printed materials and outdoor advertising;
ensure timely (in accordance with the agreed schedule) financing of the Party, without violating the laws of the country of residence of the Contractor.
The parties are responsible for the proper execution of this agreement.
The Contractor shall bear partial financial liability with all of its property to the Investor for failure to perform and/or improper performance of this Agreement, which shall amount to 50% of the investment volume, according to the receipts specified in paragraph 13 of this Agreement.
The fact of non-performance and/or improper performance of this agreement by the Contractor, regardless of the reasons for such non-performance and/or improper performance, is:
under the Contractor's obligations under paragraphs 1, 2, and 3 of this agreement - the Party receiving such a number of voters' votes in the Elections that does not give the Party's candidates for people's deputies of the Verkhovna Rada of Ukraine the right to participate in the distribution of parliamentary mandates based on the results of the Elections.
under the Contractor's obligations under paragraph 6 of this agreement - failure to approve the list of candidates for people's deputies of the Verkhovna Rada of Ukraine from the Party by the authorized governing body of the Party within 7 calendar days from the date of signing by the Parties of the relevant Appendix to the agreement (taking into account the requirements of the current Charter of the Party) with the candidates for people's deputies from the Party determined by the Investor in accordance with paragraph 6 of this agreement, as well as the exclusion of candidates determined by the Investor from the said list.
for the obligations of the Contractor in accordance with paragraphs 7, 8, 9, 10, 11, 12 of this agreement - failure by the authorized governing body of the Party within 7 calendar days from the date of signing by the Parties of the relevant Appendix to the agreement (taking into account the requirements of the current Charter of the Party) of candidates for positions in the control bodies and governing bodies of the Party, determined in accordance with paragraphs 7, 8, 9, 10, 11, 12 of this agreement by the Investor, as well as the dismissal of candidates determined by the Investor from the said positions.
The parties have agreed that the amount of damage to the Investor, in the event of non-fulfillment and/or improper fulfillment by the Contractor of this agreement, consists of 50% of the amount of all investments under this agreement, made by the Investor in accordance with paragraph 13 of this agreement.
The total amount of the Investor’s investments is calculated according to the receipts signed by the contractor in accordance with clause 13 of this agreement.
The Parties acknowledge that all information directly or indirectly related to this Agreement, as well as information regarding the activities of each Party or the activities of any third party related to the Parties, is not publicly available and, if it becomes known to the Parties as a result of the conclusion and/or execution of this Agreement, is considered confidential. This also applies to confidential information that the Parties have declared to be confidential.
The Parties undertake not to disclose or disclose confidential information to third parties or to use it for any purpose other than the proper performance of this Agreement, both during its term and after its termination. The Parties undertake to limit the number of persons who will have access to such information to the amount reasonably necessary for the proper performance of the terms of the Agreement.
The Parties undertake to refrain from disclosing confidential information under any circumstances during the term of the Agreement and for five years following its expiration. Confidential information may be disclosed only by the Investor for the purpose of protecting its rights and interests.
The Contractor who violates the terms of the Agreement in terms of disclosure of confidential information shall be liable in accordance with the current legislation of Ukraine and shall also be obligated to compensate the Investor for any losses incurred as a result of the disclosure of confidential information.
Brave
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