On June 3, several draft laws related to lobbying were registered in the Verkhovna Rada:
- No. 13339 and alternative No. 13339-1 "On Amendments to the Law of Ukraine On Lobbying Regarding the Clarification of Certain Provisions";
- No. 13340, “On Amendments to Certain Legislative Acts of Ukraine Regarding the Clarification of Liability for Violations of Legislation in the Field of Lobbying.”
The documents contain both useful innovations for transparent interaction between CSOs and the state, as well as potentially threatening provisions that could restrict the activities of CSOs or create additional burdens.
What the changes propose:
- clarify the concept of “commercial interest” with the extension to state aid, intangible benefits, and assets;
- exempt certain forms of activity of non-profit organizations from the scope of the law, in particular participation in events, consultations, etc.;
- provide that an individual may act as a lobbyist on behalf of a CSO within the framework of labor or civil law relations without separate registration;
- define that individuals within the framework of labor/civil law relations may lobby on behalf of CSOs without a separate agreement or registration;
- introduce the concept of a “lobbying request” with the possibility of obtaining information and official explanations from public authorities (with officials held accountable for failure to respond);
- amend the provisions of the Code of Ukraine on Administrative Responsibility on unlawful refusal or disregard of a lobbying request;
- provide for simplified access for lobbyists to government buildings when lobbying.
UCIPR expert Dmytro Yaprakh noted that these draft laws have the potential to improve the regulation of lobbying in Ukraine, but only if they are revised to take into account the specific nature of non-profit organizations.
"Without the necessary clarification of terms, guarantees for CSOs, and adequate technical support for implementation, these changes could lead to artificial restrictions on civil society participation in policymaking. They could also reduce the effectiveness of advocacy efforts.
Of particular concern is the fact that the promotion of amendments to the Law of Ukraine “On Lobbying” is taking place in the absence of key framework laws "On Lawmaking" and “On Public Consultations.” Without them, such isolated changes may distort the logic of the reforms and create an imbalance in the system of public representation of interests," the expert notes.
The UCIPR emphasizes that the regulation of lobbying activities should not restrict the public activities of CSOs.
This publication is produced by the NGO “Ukrainian Center for Independent Political Research” with the support of the Askold and Dir Fund as a part of the the Strong Civil Society of Ukraine - a Driver towards Reforms and Democracy project, implemented by ISAR Ednannia, funded by Norway and Sweden. The contents of this publication are the sole responsibility of UCIPR and can in no way be taken to reflect the views the Government of Norway, the Government of Sweden and ISAR Ednannia.