Draft bill #10337 of December 13, 2023 

Sponsor: Cabinet of Ministers of Ukraine 

Status: sent for review to the Committee on Legal Policy 

Who is affected: individuals, legal entities, government bodies, local government bodies, the National Agency for Corruption Prevention (NACP), and the Cabinet of Ministers of Ukraine 

Summary: 

  • The bill provide definitions of lobbying, lobbyists (service providers), objects of lobbying (government bodies and local government bodies), and methods of control over lobbying 
  • The proposed regulations will not apply to: 
    • diplomatic institutions representing foreign policy interests 
    • media 
    • political parties, their local offices and organizations 
    • local government associations 
    • scientific and technical research 
    • work related to attracting, utilizing, or monitoring international technical aid and implementing respective projects and programs 
    • popular initiative during national or local referendums. 
  • The bill defines what does not constitute lobbying: 
    • advocacy 
    • activities related to exercising the right to peaceful assembly 
    • requests for public anti-corruption expertise of legal acts 
    • social dialogue 
    • public discussions of legal acts. 
  • The Transparency Registry will be introduced: 
    • a database of the Registry will contain information about lobbyists and their reports 
    • Data from the Registry will be open to the public except for the part about passport series and number, residential addresses, phone numbers, and birth dates 
    • the procedure for maintaining and accessing the Registry will be approved by the NACP 
    • the Registry will be maintained by the NACP. 
  • The lobbying will be required to be lawful, transparent, accountable, responsible, professional, and ethical 
  • The Cabinet of Ministers will draft and approve a code of conduct for lobbyists after public consultations with them, and this code will be legally binding 
  • According to the proposed definitions, lobbying methods are: 
    • any direct or indirect communication between the lobbyists and the object of lobbying for the planning, development, and/or adoption of a legal act 
    • preparation or dissemination of proposals, program or position documents, or analytical materials about anything related to the subject of lobbying 
    • participation in public or closed events during the development of legal acts 
    • an invitation by the lobbyist of the object of lobbying (a representative of a government body or local self-government body) to participate in meetings, conferences, or other events 
    • organization of public events and information campaigns. 
  • The subject of lobbying cannot be a court decision, a decision/conclusion of the Constitutional Court of Ukraine, the legal act declaring general or partial mobilization, introducing martial law or emergency state, declaring a state of war or peace, using the Armed Forces and other military units, or an individual act (for example, granting an award, decisions on dismissal or appointment, etc.) 
  • A person acquires the status of a lobbyist immediately after being registered in the Transparency Registry. 
  • The following persons cannot be lobbyists: 
    • persons authorized to perform the functions of the state or local self-government or who have ceased to perform such functions less than 2 years ago 
    • persons who have an unspent or unexpunged criminal offense or have been found guilty of corruption offenses 
    • persons with limited capabilities or incapable 
    • citizens of the aggressor state, legal entities registered or having a final beneficiary in the aggressor state 
    • state and local government bodies, state and municipal enterprises, institutions, and organizations 
    • individuals and legal entities under sanctions 
    • subjects responsible for lawmaking facilitation (for example, the Main Legal Department of the Verkhovna Rada of Ukraine).
  • Clients, beneficiaries, and sources of funding for lobbying cannot be: 
    • citizens of the aggressor state 
    • legal entities registered in the aggressor state and legal entities whose ultimate beneficiaries are citizens or legal entities of the Russian Federation 
    • individuals and legal entities of the aggressor state under sanctions 
    • Lobbyists will have the right to: 
    • represent their own interests and/or the interests of the client 
    • use lobbying methods 
    • receive from the client information and documents necessary for lobbying 
    • ask clients (lobbying objects) about the subject of their work 
    • submit their own analytical proposals for legal acts 
    • be included on the list of draft bills’ sponsors. 
  • Lobbyists are obliged to: 
    • comply with Ukrainian law and ethics of lobbying 
    • prevent conflict of interest during lobbying 
    • not interfere with the work of lobbying objects and comply with the respective restrictions 
    • inform authorities about their lobbying activities and clients 
    • timely submit truthful and complete information to the Transparency Registry 
    • carry out non-cash transactions related to lobbying 
    • refuse accepting public budget funds or local budget funds as payment for lobbying. 
  • Twice a year, lobbyists will submit to the Transparency Registry a report in electronic format on the subject of lobbying 
  • The NACP will monitor compliance with the requirements of the law 
  • The law will come into force the day after its publication and will be enforced from the day the Transparency Registry starts operating, but no later than four months from the day the law comes into force 
  • The Cabinet of Ministers of Ukraine is supposed: 
    • within three months, to adopt a code of conduct for lobbyists 
    • within four months, to create and launch the Transparency Registry. 

What is right: 

  • the bill finally introduces regulations on lobbying 
  • implements the Cabinet resolution #220 On the Approval of the State Anti-Corruption Program for the Years 2023-2025 of March 4, 2023 
  • follows the recommendations presented in the report of the European Commission regarding the adoption of the law on lobbying. 

What is wrong: 

  • the Cabinet has not yet submitted a bill introducing liability for violating the legislation on lobbying. 

Alternative solution: 

  • to amend the Code of Administrative Offenses and the Criminal Code to introduce penalties for violating the legislation on lobbying. 

Background information: On November 8, 2023, Ursula von der Leyen, the President of the European Commission, while presenting the report on EU expansion, recommended the European Council to start negotiations with Ukraine. In the report, the Commission recommended Ukraine to pass a law on lobbying. The NACP conducted a public discussion about the draft bill on the integrity of lobbying and advocacy. After the civil society gave feedback regarding it, the Cabinet revised the document. 

Additional information: 

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