Lobiranje i/ ili trgovina uticajem?

Abstract

In this article, the author discusses the relatively new Lobbying Act that was enacted in the Republic of Serbia in 2019. According to the author's point of view, this Act is not in alignment with the Criminal Code, and the necessary amendments to the Criminal Code have not been made following the adoption of the Lobbying Act. Lobbying essentially involves attempting to influence government authorities to pass laws and perform other actions within their jurisdiction in exchange for appropriate compensation. On the other hand, the basic form of committing the criminal act of trading in influence is realized by making requests or receiving gifts or other benefits with the intent to mediate in performing an official act, utilizing one's official or social position or influence, which can be real or presumed. It is evident that lobbying and trading in influence overlap, which raises the question of whether a lobbyist, during the act of lobbying, is effectively involved in trading in influence or if the Lobbying Act decriminalizes trading in influence. According to the author, trading in influence is a broader concept than lobbying. This is because lobbying includes only influencing government authorities to pass laws, while trading in influence can be related to any authority, such as the police, administrative authorities, etc. This is why the Lobbying Act did not decriminalize trading in influence in general. However, the fact is that the lobbyist, according to positive legislation, is in danger of committing a criminal offense, so a change in the Criminal Code is necessary. The legislative body needs to amend the Criminal Code accordingly. It should be stipulated that a lobbyist who acts in accordance with the Lobbying Act does not commit a criminal offense. Additionally, the Lobbying Act needs to be revised. The question is - is it necessary to have registered lobbyists and non-registered lobbyists? The Lobbying Act should only prescribe registered lobbyists.