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

Vira Ryndiuk; Olexander Gaydulin; Oksana Kuzmenko; Viktoriіa Chorna; Irina Sharkova

doi:10.34069/AI/2022.53.05.18

Vira Ryndiuk Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine. https://orcid.org/0000-0001-7803-7039
Olexander Gaydulin National Academy of Law Sciences of Ukraine, Kyiv, Ukraine. https://orcid.org/0000-0002-1269-7007
Oksana Kuzmenko Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine. https://orcid.org/0000-0002-0830-766X
Viktoriіa Chorna Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine. https://orcid.org/0000-0002-6072-0283
Irina Sharkova Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine. https://orcid.org/0000-0002-2010-3811

DOI: https://doi.org/10.34069/AI/2022.53.05.18

Keywords: democracy, integrity, lobbying, rule-making activity, citizens' rights, public authority.

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.

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Author Biographies

Vira Ryndiuk, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Doctor of Law, Associate Professor, Professor at the Department of Theory and History of Law, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Olexander Gaydulin, National Academy of Law Sciences of Ukraine, Kyiv, Ukraine.

Doctor of Law, Associate Professor, Leading Research, Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine, Kyiv, Ukraine.

Oksana Kuzmenko, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Doctor of Law, Professor, Head at the Department of Administrative and Financial Law, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Viktoriіa Chorna, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Doctor of Law, Associate Professor, Professor at the Department of Administrative and Financial Law, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

Irina Sharkova, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

PhD in Law, Associate Professor, Associate Professor at the Department of Theory and History of Law, Law School of the Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.

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