The Institute of Ukrainian Lobbying Should Be Granted Constitutional and Legal Recognition

Kozhura, L., Doctor of Law, Professor
Shevchuk, O., PhD, Attorney at Law, Chair of the Board of the Ukrainian National Lobbyists Association
Vlasenko, V., Candidate of Law, Associate Professor

Lobbying, as a legal and political phenomenon in modern democratic states, serves the function of legitimate representation of interests in the process of shaping public policy. Its essence lies not in informal influence, but in providing an institutionalized channel of interaction between society and the state, which allows the positions of various social groups to be integrated into the decision-making process.

In the Ukrainian context, this institution has long developed outside the bounds of clear legal regulation. The absence of a legal definition of lobbying activities, their participants, and the procedures for carrying them out has led to the formation of entrenched shadow practices aimed at influencing public policy. This, in turn, has contributed to increased corruption risks, unequal access to the decision-making process, and a decline in public trust in government institutions.

The adoption in 2025 of the Law of Ukraine “On Lobbying” marked a fundamentally important step toward the legalization of this sector. The law established, for the first time, the legal framework for lobbying activities, introduced requirements for the registration of lobbyists, and set basic standards for transparency and accountability. At the same time, the mere existence of regulatory framework does not mean that the institutionalization of lobbying as a component of the public administration system is complete.

The problem is that the existence of a sector-specific law is not the same as the existence of a fully-fledged institution. Institutionalization involves not only legal codification but also the integration of the relevant phenomenon into the structure of the fundamental principles of the state system. In this regard, the Ukrainian model of lobbying remains incomplete.

International experience confirms that the effectiveness of lobbying depends directly on the extent to which it is enshrined in law and institutional frameworks. In the United States, Canada, and the countries of the European Union, lobbying functions as a structured element of the political system, regulated by specific legislation, supported by institutional oversight mechanisms, and based on the principles of transparency and accountability. Importantly, in these jurisdictions, lobbying is not viewed as a secondary practice but is integrated into the overall system of democratic governance.

In this context, the issue of the constitutional and legal recognition of lobbying in Ukraine takes on key importance. By its legal nature, lobbying is a form of exercising the right to participate in the management of public affairs, which includes the ability to influence the formulation and implementation of public policy. Accordingly, enshrining it at the constitutional level is a logical extension of the development of mechanisms of representative democracy.

The absence of such a legal basis creates conceptual uncertainty. Lobbying is formally recognized by law but does not have a proper place within the system of constitutional principles. This limits its legitimacy, undermines the stability of legal regulation, and perpetuates the conditions for the parallel existence of informal practices of influence.

Constitutional and legal recognition would help establish lobbying as an integral part of the mechanism for interaction between the state and society. This involves enshrining the principle that the representation of interests is a legitimate component of the public policy-making process. Such an approach ensures institutional certainty and creates the conditions for the sustainable development of this sector.

At the same time, it is important to note that the effectiveness of lobbying depends not only on formal recognition but also on the existence of an appropriate institutional infrastructure. Registers of lobbyists, oversight mechanisms, reporting requirements, and ethical standards are essential elements that ensure lobbying operates within the legal framework. It is precisely these elements that make it possible to distinguish legitimate lobbying from shadow influence.

In this regard, the Ukrainian model is still in its formative stages. The introduction of relevant mechanisms indicates progress toward creating such a system; however, without constitutional enshrinement, this process remains incomplete. The absence of a fundamental principle at the level of the Constitution prevents the full integration of lobbying into the public administration system.

In light of this, the institutionalization of lobbying should be viewed as a gradual process comprising several interrelated stages: legal definition, the creation of institutional infrastructure, and constitutional enshrinement. Currently, Ukraine is between the first and second stages, which necessitates further development.

In conclusion, it should be noted that lobbying does not pose a threat to the state, provided it is properly regulated by law. On the contrary, it serves as a mechanism for ensuring a balance of interests, improving the quality of government decisions, and fostering the development of democratic institutions.

That is precisely why the constitutional and legal recognition of lobbying should be viewed as a logical and necessary step toward completing its establishment in Ukraine—a step without which the further development of this sphere will remain limited in both legal and institutional terms.