Kyiv, 4 April 2024
(Ukrainian Source: Government of Ukraine, translated with support of ChatGPT-4)
On March 21st, Ukraine’s Parliament (Verkhovna Rada or Supreme Council) adopted the Law on Amendments to the Code of Ukraine on Administrative Offenses regarding violations of legislation in the field of lobbying activities (registration No. 10373).
This law is systematically connected with the Law of Ukraine on lobbying No. 3606-IX of February 23, 2024, as the last of four additional steps defined by the European Commission in the Enlargement Package in November 2023 as a precondition for the adoption of the negotiating framework by the EU side in March 2024.
The purpose of the law (registration No. 10373) is to establish administrative responsibility for violations of the legislation in the field of lobbying.
The law was proposed by the National Agency for the Prevention of Corruption (NAPC). It introduces amendments to the Code of Ukraine on Administrative Offenses, which include:
- The addition of administrative penalties with a prohibition on engaging in lobbying (item 5 of article 24), which is included in the list of special restrictions (article 30) and is defined as an additional to the main punishment (article 25),
- Definition of such a composition of the offense as “illegal lobbying” (article 188(46-1), which refers to the conduct of lobbying by a person who has not received the corresponding status, or by a person who, upon obtaining the relevant status, did not inform about the existence of circumstances that exclude the possibility for her to be such a subject,
- Establishment of responsibility for violations of the restrictions regarding the subject of lobbying, financing of lobbying at the expense of funds (means) that cannot be a source of financing for lobbying, according to the Law of Ukraine “On Lobbying” (article article 188(46-2),
- Responsibility for the non-submission or untimely submission of a report by the lobbying subject, non-submission or untimely submission to the NAPC of a statement on the termination of lobbying, conducting lobbying in the interests of a person who cannot be a beneficiary according to the requirements of the Law of Ukraine “On Lobbying”, or concluding by the lobbying subject a contract for the provision of lobbying services with a person who cannot be a client according to the requirements of the Law of Ukraine “On Lobbying” (article 188(46-2),
- An obligation to send the court decision on the prohibition of lobbying within three days from the day it becomes legally effective to the NAPC for entering into the Transparency Register a record about the suspension of the status of a lobbying subject (new part 11 of article 285).
Separately, it is provided for this law to come into force simultaneously with the Law of Ukraine on lobbying, and also specifies the size of fine sanctions for committed administrative offenses.
For more details, visit the portal of the Verkhovna Rada (Ukrainian).
More about the Law on Lobbying on the Eurointegration Portal (Ukrainian).
Legal analysis by Arzinger (Ukrainian, PDF)
Source – Ukrainian Government