มาตรการทางกฎหมายในการควบคุมการกู้ยืมเงินของพรรคการเมือง

Abstract

This article focuses on legal measures for controlling moneylending to political parties, concrete rules for which Thailand lacks, causing interpretation and enforcement problems for practitioners and law enforcement. A comparative international legal study was made of relevant foreign and Thai rules to formulate guidelines for controlling moneylending to Thai political parties.

            Results were that the United States of America (US), United Kingdom, France, and other nations clearly stipulated rules governing moneylending to political parties, although in Germany, absence of clear definitions resembled conditions in Thailand. Current statues suggest that Thai political parties may borrow money, as long as other benefits do not accrue which may be calculated in monetary terms, considered on a case by case basis. As with donations, lending can influence party politics, so lending does merit certain restrictions.  In terms of the relationship model of donations and borrowings, in the US where political party rules stipulate measures limiting the amount of donations to political parties, the loan-to-donation relationship takes the form of a loan considered part of a political party contribution. In France, loans are considered separately from donations to political parties. These findings imply that criteria evaluating relationships in which loans are considered part of political party donations are essential. The term donation should be redefined to include moneylending to political parties who have not yet repaid loans, except those from financial institutions or organizations providing lending services on commercial terms according to fixed conditions. In addition, measures should be established for controlling borrowing by political parties with different methods, especially transparency measures used internationally.