LEGAL REGULATION OF LOBBYING: EXPERIENCE OF FOREIGN COUNTRIES, PROSPECTS FOR UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)Publication Date: 2020-05-31
Authors : Murtishcheva Alina; Vretch Julia; Radchenko Alexandra;
Page : 66-73
Keywords : lobbying; groups interests; forms of lobbying; advocacy;
Abstract
The work is devoted to the analysis of the legal regulation of the institution of lobbying in some foreign countries, as well as to the definition of the prospects of the legal regulation of lobbying in Ukraine. The article provides a general description of the essence of lobbying, as an activity aimed at influencing the authorities on behalf of and in the interests of stakeholders, especially the parliament. The main forms of lobbying are identified, the methods of lobbying that take place in the practice of foreign countries are characterized. It is noted that the so-called «classic» lobbying is subject to legal regulation, as evidenced by the practice of foreign countries, in particular, Britain, Canada and Germany. The paper examines the legal experience of lobbying regulation in modern foreign countries belonging to different legal families, as a result of which the features of the constitutional foundations of lobbying, the object, the subject of lobbying are identified. The peculiarities of legal regulation of lobbying in foreign countries are noted, in particular, the lack of a single law on lobbying in the UK and comprehensive regulation of the institution; classification of lobbyists depending on the specifics of activities in Canada; the need to register lobbying unions in Germany and more. As a result, it was concluded that, as foreign experience shows, ensuring dialogue between society and the state in the process of making public decisions is an integral feature of a democratic regime, the approval of which is enshrined in the constitutions of most modern states as one of the main priorities. Particular attention is paid to the analysis of the Ukrainian experience of lobbying as an institution that promotes public involvement in the bill, resulting in the conclusion that there is every reason to believe that the size of lobbying in modern Ukraine is significant, however, underdeveloped political and legal system and imperfections of the legislature lobbying becomes the main form of representation of interests. At the same time, lobbying does not find due attention of state bodies, the public and the legislator, although some attempts to regulate lobbying take place in the draft law of the parliament.
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