The EBA discussed the impact of the recently adopted Law on Fair Lobbying on business communities

04/ 03/ 2024

The European Business Association discussed the Law On Fair Lobbying No. 10337 dated December 13, 2023, which was recently adopted by the Verkhovna Rada of Ukraine in the second reading and is currently awaiting signature by the President of Ukraine. The discussion was attended by Denys Maslov, Chairman of the Parliamentary Committee on Legal Policy, Oleksandr Ilko, Director General of the Government Office for Coordination of European and Euro-Atlantic Integration, Anastasiia Yezerska, Anastasiia Yezerska, Acting Head of the NACP Department of Stakeholder Engagement and Ensuring Adoption of Anti-Corruption Policy Acts, and other representatives of the government agencies. The main goal of the document is to increase transparency in decision-making processes, making the subjects of influence clear and creating a professional lobbying market. The law is intended to create a legal framework for lobbying in Ukraine and regulate the interaction of officials of state authorities and local governments with lobbying entities, including representatives of business and public organizations. Therefore, after the Law comes into force, it will have a significant impact on the activities of business associations and active business entities that submit their proposals for improving the business climate in Ukraine. In particular, certain actions of business entities that currently fall under the concept of the right of legal entities to self-representation will be classified as lobbying their interests and thus will require registration in the NACP Register, preparation of relevant reports, etc. Among the issues that caused the most discussion at the meeting was the overly broad definition of commercial interest in the Law, which in turn could lead to the fact that any actions of business entities in the framework of exercising the right to self-representation could be classified as lobbying, which in turn would require registration in the register and submission of a lot of reports. Business representatives also raised questions about the reporting itself. According to the EBA representatives, reporting requirements should be as easy as possible for businesses. Therefore, the EBA proposed to revise the relevant provisions of the Law following the example of the EU Transparency Register, which is a similar register at the EU level and in which the EBA has been registered for more than a year. Following the discussion, the Chairman of the Parliamentary Committee invited the EBA representatives to join the working group that will work on improving the Law and its implementation in approximately 8 months. We would like to thank the representatives of the Parliamentary Committee on Legal Policy, the National Agency for Corruption Prevention, and the Government Office for European and Euro-Atlantic Integration of Ukraine for their open dialogue and willingness to cooperate to ensure effective implementation of the lobbying legislation. We hope that the Law will be finalized and will become an effective and easy-to-use tool for business in communications with public authorities. To watch the recording of the meeting, please follow the link.

The European Business Association discussed the Law “On Fair Lobbying” No. 10337 dated December 13, 2023, which was recently adopted by the Verkhovna Rada of Ukraine in the second reading and is currently awaiting signature by the President of Ukraine.

The discussion was attended by Denys Maslov, Chairman of the Parliamentary Committee on Legal Policy, Oleksandr Ilko, Director General of the Government Office for Coordination of European and Euro-Atlantic Integration, Anastasiia Yezerska, Anastasiia Yezerska, Acting Head of the NACP Department of Stakeholder Engagement and Ensuring Adoption of Anti-Corruption Policy Acts, and other representatives of the government agencies.

The main goal of the document is to increase transparency in decision-making processes, making the subjects of influence clear and creating a professional lobbying market.

The law is intended to create a legal framework for lobbying in Ukraine and regulate the interaction of officials of state authorities and local governments with lobbying entities, including representatives of business and public organizations. Therefore, after the Law comes into force, it will have a significant impact on the activities of business associations and active business entities that submit their proposals for improving the business climate in Ukraine. In particular, certain actions of business entities that currently fall under the concept of the right of legal entities to self-representation will be classified as lobbying their interests and thus will require registration in the NACP Register, preparation of relevant reports, etc.

Among the issues that caused the most discussion at the meeting was the overly broad definition of “commercial interest” in the Law, which in turn could lead to the fact that any actions of business entities in the framework of exercising the right to self-representation could be classified as lobbying, which in turn would require registration in the register and submission of a lot of reports. Business representatives also raised questions about the reporting itself. According to the EBA representatives, reporting requirements should be as easy as possible for businesses. Therefore, the EBA proposed to revise the relevant provisions of the Law following the example of the EU Transparency Register, which is a similar register at the EU level and in which the EBA has been registered for more than a year.

Following the discussion, the Chairman of the Parliamentary Committee invited the EBA representatives to join the working group that will work on improving the Law and its implementation in approximately 8 months.

We would like to thank the representatives of the Parliamentary Committee on Legal Policy, the National Agency for Corruption Prevention, and the Government Office for European and Euro-Atlantic Integration of Ukraine for their open dialogue and willingness to cooperate to ensure effective implementation of the lobbying legislation.

We hope that the Law will be finalized and will become an effective and easy-to-use tool for business in communications with public authorities.

To watch the recording of the meeting, please follow the link.