LEGAL REGULATION OF LOBBYING IN UKRAINE AND ITS IMPACT ON THE FORMATION OF EFFECTIVE LEGISLATION

Abstract

The article examines the specifics of the legal regulation of the institution of lobbying in Ukraine and determines its impact on the effectiveness of legislation. It is decided that this legal institution for the first time at the regulatory level was introduced by the Law of Ukraine “On Lobbying” No. 3606-IX, which defines the legal principles of lobbying in Ukraine. According to Article 1 of the Law, lobbying involves activities carried out to influence (attempting to influence) the object of lobbying in the commercial interests of the beneficiary (for compensation received directly or indirectly, and/or with payment of actual expenses necessary for its implementation) or in the person’s commercial interests and concerns the subject of lobbying. It is mentioned that the Law contains a rather narrow definition of lobbying and reduces such activities only to influencing lawmaking, although in most countries lobbying includes influencing the adoption of various public decisions, including activities related to the provision of any grant, contribution, or other financial benefits. The conducted study of the legal regulation of lobbying in Ukraine showed that there are certain flaws in determining the rights of lobbyists and their influence on executive bodies. The author made certain proposals for their elimination. It is concluded that the current version of the Law “On Lobbying” requires the definition of a wider range of decisions of government bodies that may be the subject of lobbying, for example, the preparation or amendment of any program (strategy, action plan, etc.) and the awarding of a contract, grant, license or receipt of other benefits from the activities of state bodies. It is proposed to expand the rights of lobbyists and take measures to form a legal culture in which open and legal lobbying will become respectable. It is substantiated that the legalization of lobbying will change the nature of cooperation between businesses, business associations, and members of parliament. Lobbyists will be able to prepare draft laws, be among their authors, and accompany their consideration in committees, which will allow reaching a new level of communication between the state and business. Legal lobbying of interests in lawmaking will allow a qualitatively new level of publicity and transparency during the development and adoption of regulatory legal acts. It has been proven that lobbying will allow resolving some issues regarding the quality of legislative activity and will help to raise questions about the individual needs of society through the interests of lobbyists’ clients, and therefore lobbyist activities are useful and necessary for the formation of effective legislation. A hypothesis is put forward about the need to expand the specialized legislative framework for lobbying in central executive bodies because the effectiveness of legislation is fully manifested during its implementation. Therefore the influence of lobbyists on implementing laws that are the subject of their activities will positively impact their effectiveness.