Administrative Liability for Lobbying in Ukraine: a Comparative Legal Analysis
Abstract
Abstract. The article provides a comprehensive study of the administrative and legal principles of lobbying in Ukraine, emphasizing its role as a legitimate instrument for business entities and civil society to influence the processes of lawmaking and the formation of public policy. It is argued that lobbying is an essential attribute of a democratic rule-of-law state, as it promotes transparency, accountability, and predictability in public decision-making. A detailed analysis is conducted of the provisions of the Law of Ukraine “On Lobbying” (2024) and regulatory legal acts aimed at its implementation, including the Rules of Ethical Conduct for lobbying subjects, as well as articles of the Code of Ukraine on Administrative Offenses establishing liability for illegal lobbying activities. The legal status of participants in lobbying activities is examined in detail: the lobbyist as a representative of commercial interests, the beneficiary as the initiator of lobbying activities, and public authorities or local self-government bodies as the objects of lobbying. Their rights and obligations, procedures of interaction, and legal restrictions aimed at preventing conflicts of interest, unethical influence, and corruption risks are explored. The role of the Transparency Register as a key instrument for ensuring publicity, openness, and control over lobbyists’ activities is highlighted. The system of administrative liability for violations in the field of lobbying is analyzed, including lobbying by individuals who have not acquired the status of a lobbying subject or whose status has been suspended or terminated, as well as the failure or untimely submission of reports to the Transparency Register. It is emphasized that this system is designed to ensure legal certainty, transparency of lobbying activities, and prevent lobbying from being transformed into a mechanism of shadow influence on state institutions. A comparative legal review of international models of lobbying regulation is carried out, including in the USA, Canada, Australia, and EU member states. It is concluded that the approaches introduced in Ukraine generally comply with global democratic standards but require further improvement in enhancing state control, expanding transparency mechanisms, and strengthening the preventive component of legal regulation. It is concluded that ethical and effective regulation of lobbying in Ukraine will contribute to strengthening public trust in government, developing participatory democracy, and minimizing corruption risks in public decision-making processes.
Keywords: lobbying; administrative liability; corruption risks; legal regulation; public policy; international experience.
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References
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