Lobbying as a Component of the Strategy for Reconstruction of Postwar Ukraine (Part 1)
Years later, unfortunately, the term “lobbying” in Ukraine still carries a negative connotation, often linked to legislators’ backroom activities . Simply put, lobbying in the eyes of ordinary Ukrainians remains synonymous with corruption. For this reason, experts who are professionally engaged in lobbying in Ukraine often try to disguise this term with other, softer or more fashionable concepts such as GR (Government Relations) or “interaction with the authorities”. However, this does not solve the issue of such a negative perception. In fact, properly regulated lobbying in Europe and America has long been a sign of a democratic society. This legal institution is called one of the most effective factors in the fight against corruption.
Ukrainian lawmakers have always been rather cautious about bold European legal reforms, even if they have been successfully implemented abroad. Consider the numerous attempts over many years to legalize mediation in Ukraine or finally share the powers of the State Enforcement Service with private enforcement officers. Skeptics of progressive changes have always referred to the “unpreparedness for drastic changes in the raw Ukrainian mentality,” saying that what is perceived as freedom in democratic Europe can be used for abuse in our country. However, looking at the trials that Ukrainians have gone through over the past year, it is unlikely that anyone will dare to say again that we are not ready to be part of civilized Europe and live by the rules of a democratic society. Therefore, the ideas of legalizing lobbying in the form of specific draft laws, which the Rada had been so hesitant to consider before the war, will soon have a chance to be adopted.
In a democratic world, professional lobbying helps build bridges between business, the public, and the government.
In the often cumbersome bureaucratic machinery of governance, as seen in countries like Germany, France, and the Netherlands, lobbyists help introduce speed and flexibility, guiding the most efficient course of action.
In this scenario, everyone benefits: lobbyists do the work on behalf of officials, the government retains public support, and entrepreneurs enjoy higher profits.
In other words, lobbyists help to balance the interests of various social groups in society, as they are professionally skilled in exclusively legal instruments of influence on the country’s political life and help businesses to assert their rights. It is businesses in industries such as energy, medicine, and IT that are ready to utilize the services of professional lobbyists today. Lobbying can help businesses create new jobs and stimulate additional budget revenues.
Today, the United States, Canada, Australia, France, Hungary, Georgia, Poland, Lithuania, Slovenia, Montenegro, the Netherlands, and Ireland have special legislation on lobbying for legislative changes or management decisions. Of course, Ukraine still needs to study their experience more closely and determine which model of lobbying practice should be adapted in our country, because not every model will suit us, given our political, legal, and historical realities.
We need safeguards to protect against abuse and corruption by lobbyists—concerns that our society fears deeply.
In particular, the draft laws on the legalization of lobbying in Ukraine, which were considered prior to the war, provided restrictions on the lobbying activities of relatives and close friends of officials in categories such as MPs, judges, etc. Criminal liability of lobbyists for violations in their professional activities should also be considered, which could undoubtedly serve as a deterrent to the so-called “shadow” lobbying.
Following in the footsteps of lawyers, private enforcement officers, and arbitration managers, the lobbying profession also deserves its chance through the creation of a self-regulatory organization—one that, without excessive state interference, can put the profession “on track” and ensure its safe progress on the path toward building a democratic European country.
To be continued…
