Description
The Law of Ukraine “On Lobbying” was adopted to meet the requirements of the European Union regarding Ukraine’s accession to the EU. This law establishes a framework for the development of a transparent lobbying culture and influence on the legislative process. Additionally, it includes provisions for a development Transparency register.
Problem(s) Addressed by Reform
The absence of regulatory control (or any control at all) over stakeholders’ influence on the legislative process.
Establishing a regulatory framework for controlling and monitoring the activities of stakeholders (lobbyists) who influence or intend to influence legislation.
Relevance to OGP Values
The purpose of the Law of Ukraine “On Lobbying” was to provide a legal framework for lobbying in Ukraine in accordance with international practices and standards, to regulate the interaction of officials of state authorities and local self-government bodies with stakeholders and lobbying entities, to establish transparent mechanisms for ensuring the activities of lobbying entities and officials of state authorities and local self-government bodies, and to establish mechanisms for controlling lobbying activities.
The lack of legislative regulation of lobbying in Ukraine has been recognized as a problem that needs to be addressed in a number of legal acts and is also advised by international organizations of which Ukraine is a member.
This Law sets up the Transparency Register. The National Agency on Corruption Prevention is the holder and administrator of the Transparency Register. A person who intends to register as a lobbying entity shall enter a clear list of information into the Register. The procedure for registration in the Transparency Register and exceptions to it are also specified in the Law. It is determined that the information entered in the Register is public in the part that does not contradict the rules of the Law of Ukraine “On Personal Data Protection”. The Register contains information on lobbying contracts, sources of funding, clients and beneficiaries of lobbying (not commercial, state, banking or other information protected by law). Access to the Transparency Register is open and free of charge. Lobbying entities also submit their reports through the Transparency Register.
The Law is in line with the principles of the European Code of Conduct on Lobbying as defined in the Report “Lobbying in a Democratic Society (European Code of Ethics on Lobbying)” (Document No. 11937 of 05.06.2009) of the Committee on Economic Affairs and Development of the Parliamentary Assembly of the Council of Europe:
1) lobbying is defined very clearly, with a distinction between lobbying as a professional paid activity;
2) lobbying is open and transparent;
3) regulations should be developed for politicians, civil servants, lobbyists and commercial enterprises, including the principles of potential conflicts of interest and the period of time after leaving office during which lobbying is prohibited;
4) lobbyists have to register in the Transparency Register;
5) preliminary consultations on the Law of Ukraine “On Lobbying” were held with potential lobbying organizations;
6) a media campaign to encourage transparent, honest lobbying is planned to improve the public image of persons engaged in this activity.
In addition, in order to balance and regulate the lobbying sphere in Ukraine, the legislation defines liability for violations in this area. The Transparency Register plays a key role in this issue, as it is the tool that allows authorized officials of the National Agency on Corruption Prevention to monitor compliance with the relevant legislation by lobbying entities.
Access to the Transparency Register is also free and round-the-clock. The public part of the Register will contain all information on the activities of lobbying entities, with restrictions on the disclosure of personal data. Having access to the public part of the Register, the society will be able to exercise civil control over the activities of lobbyists
Intended Results
Commencement of operation of the transparency register (following notification from the Cabinet of Ministers of Ukraine regarding the start of functioning).
Milestones
The development of a regulatory framework to regulate the functioning of the transparency register and the technical implementation of the transparency register’s development.