The NACP does not have the authority to enter into memorandums with commercial market players in Ukraine 

The Ukrainian National Lobbyists Association, as a nationwide self-regulatory organization uniting representatives of the professional lobbying community, strongly and categorically warns the National Agency for the Prevention of Corruption against anyactions that could create preferential conditions for certain participants in the lobbying market or give rise to a reasonable impression of bias on the part of a government agency.

The NACP is the custodian of the Transparency Register and a government agency from which the public and the professional community have the right to expect the utmost institutional neutrality, impartiality toward all market participants, and uniform rules for interacting with every lobbying entity.

In this context, actions aimed at concluding memorandums, cooperation agreements, or establishing other forms of special interaction with specific commercial market participants who are listed in the Transparency Register, have the status of lobbyists, and engage in relevant business activities.

Such a practice, if it were to take place without transparent, uniform, and understandable to the entire market, will inevitably raise questions regarding the equality of market participants, the impartiality of the NACP, and the possibility that certain entities may gain indirect competitive or reputational advantages through special relationships with the state regulator.

A government agency may not even create the appearance that, among the entities it actually regulates and administers through the Transparency Registry, there are “favored,” “partner,” or privileged participants.

We would like to emphasize in particular that, following media reports and public discussions regarding the transparency of the procedure for selecting the leadership of the NACP, the Ukrainian National Lobbyists Association took a responsible institutional stance. We have publicly supported the Agency’s leadership and cautioned against spreading unfounded accusations without proper evidence.

That is precisely why today we continue to insist that the NACP itself act in a manner that leaves no room for doubt regarding its independence, impartiality, and equal treatment of all members of the professional community.

Any special interaction between a government agency and individual commercial entities engaged in lobbying potentially creates a risk of a conflict of interest, unequal access to the regulator, and suspicions regarding the opaque influence of certain representatives of the lobbying community on the activities of a government agency.

We do not claim that such influence exists without proper evidence. At the same time , it is the NACP’s responsibility to organize its activities in such a way that even reasonable suspicions regarding possible privileged access by certain market players do not arise.

The Ukrainian National Lobbyists Association calls on the NACP to:

• ensure uniform and transparent rules for interacting with all lobbying entities;
• refrain from establishing preferential forms of cooperation with individual commercial market players;
• ensure maximum transparency regarding any memoranda, agreements, and other arrangements with representatives of the lobbying community;
• if institutional dialogue is necessary, it should be conducted in an open format, involving the professional community and self-regulatory organizations;
• to ensure that the government agency maintains equal distance from all entities listed in the Transparency Registry.

We strongly caution both the National Agency and its leadership against any actions that could discredit the independence of the NACP, call into question the impartiality of the Transparency Register’s administration, or damage the reputation of the lobbying profession in Ukraine.

The legalization of lobbying was intended to bring influence over the government decision-making process out of the shadows and make it professional, transparent, and accountable. Therefore, it is unacceptable for a system of special relationships between the state regulator and individual commercial players to emerge in place of transparent competition during the formative stage of this new market.

The rules must be the same for everyone.

No privileged lobbyists. No special access to the regulator.
No double standards.