Legal institute of lobbying: the problem of legislative regulation in Ukraine

Abstract

The article examines the problem of legislative regulation of the socio-political institution of lobbying in Ukraine on the basis of borrowing similar experience from developed democracies using the dialectical method. It is noted that lobbying should be considered as one of the democratic institutions of influence of the public and business structures on decision-making by public authorities (representation of interests), namely as a professional mediation activity between society and government. Legislative regulation of the institution of lobbying in Ukraine may not restrict other rights of citizens regarding their influence on the authorities, which are guaranteed by the Constitution of Ukraine and defined by national legislation (for example, the right to appeal to the authorities, the right to participate in the management of public affairs through advisory bodies, parliamentary hearings, public discussions, etc.). It is concluded that the most pressing aspects of the problem of legal institutionalization of lobbying in Ukraine, which need to be addressed, are the following: development of theoretical-methodological foundations of lobbying in national political-legal realities, taking into account similar foreign experience; a comprehensive approach to the legislative regulation of lobbying activities at all levels of public authority, and on the basis of clear harmonization of lobbying rules with legislation in related areas; legislative definition of the concept and all components of lobbying activities, the legal status of lobbyists; particular attention should be paid to the development of ethical rules for the lobbying profession, which should be based on the principles of legality, transparency, openness and integrity.