In many democratic countries, lobbying is already recognized as a normal practice. In Ukraine, however, official rules for dialogue between the state and society are only now being defined. Let us hope that in the end we will all have a transparent mechanism that allows business, public organizations and other stakeholders to defend their interests legally, openly and in compliance with ethical standards. This is how Svitlana Mykhaylovska, Deputy Director for Representation of the Interests of Member Companies of the European Business Association, assessed the significance of the entry into force of the Law “On Lobbying” in Ukraine on September 1 in an interview with The Page. She called it a systemic step towards separating lobbying from shadow “influence on decisions”.
In your opinion, with the entry into force of the law, the lobbying process has become sufficiently regulated, is there anything else needed?
– The law only sets a framework, further work is needed for its practical implementation: clear by-laws and official clarifications. An educational campaign is also important so that all market participants understand their rights and obligations.
In addition, in our opinion, the law itself needs to be improved. It is necessary to clarify the definition of terms, in particular, to distinguish between lobbying, advocacy, GR activities, simplify reporting and provide additional benefits for registered lobbyists. It would be good to provide incentives for business entities to recognize themselves as lobbyists and register in the Transparency Register.
These points were taken into account in draft law No. 13339, developed in the relevant committee of the Verkhovna Rada with the participation of business, public organizations and the regulator (National Agency for the Prevention of Corruption, NACP). Unfortunately, the draft law did not receive a sufficient number of votes in parliament and was rejected. Therefore, all the aforementioned problematic points still remain unregulated.
The issue of liability for violation of the norms of the law on lobbying also remains unresolved. The business community actively lobbied for the need to postpone liability for violations of lobbying legislation for a year, as this is a completely new regulation for the market with rather strict requirements. Therefore, in our opinion, it would be appropriate to give the industry the opportunity to familiarize itself with the new legislation in more detail, test the work of the Transparency Register and submit the first reports without the risk of receiving fines for violations of certain norms, which are currently interpreted ambiguously.
Unfortunately, draft law No. 13340, which proposes to postpone liability for violations of the Law on Lobbying, was not adopted on time. So now individuals and legal entities are already liable for violations of this legislation.
Perception of lobbying in society and the business environment. When the EBA is called a lobbying organization, how do you feel about it?
– We are a business association and a platform for dialogue and protection of the legitimate interests of the business community. We have never been ashamed of the term “lobbyist”, because our lobbying activities have always been transparent, we have been pioneers in the field of transparent and honest lobbying.
The Association represents the collective position of companies, forms analytics and proposals, but does not engage in legislative changes to promote individual interests for remuneration. This was recorded many years ago in our Code of Lobbying. For us, the expression “EBA is a lobbying organization” is about transparent advocacy of reforms.
How did the EBA prepare for the entry into force of the law on lobbying, did your organizational structure, internal and external procedures change?
– Even before the adoption of the law, we had internal policies on transparency and compliance, as well as tracking of all our lobbying initiatives. At the same time, even established internal procedures need to be adapted to the requirements of the legislation and the infrastructure of the Register. The need to submit information and reporting to the Transparency Register will create a significant administrative burden on our team.
Such a large business association as the EBA processes a large number of draft laws and regulations and has hundreds of lobbying initiatives annually. In the first half of 2025 alone, the association worked on 143 collective initiatives. So we hope that we will be able to reach an agreement to improve and simplify the reporting format, and we are grateful to the NACP for the open constructive dialogue on this issue.
To prepare and help our companies navigate the new rules, we conducted internal trainings for teams and webinars for member companies. As a result, in particular, our lobbyists were among the first to be registered in the NACP Transparency Register on the day of its launch. Currently, 30 lobbyists – employees of the Association are included in the Register.
In your opinion, how widely will lobbying entities in Ukraine exercise their legal rights and how conscientiously will they fulfill their duties?
– Many large Ukrainian and international companies have already implemented the necessary internal procedures and have an established culture of transparency. For such companies, the new rules will not be a challenge – they will continue to act as disciplined and responsible market participants. However, for some local businesses, this is a new reality.
It is quite likely that the first year after the introduction of the new requirements will be a period of adaptation and learning for them.
This is where the proactive position of the regulator (NACP) is especially important: such companies need clear explanations, practical recommendations and support at the implementation stage so that they can effectively integrate the new standards into their work and avoid sanctions for their violation.
And what can you say about the objects of lobbying?
– The provisions of the law that define the rights and obligations of the objects of lobbying largely relate to the prevention of illegal or corrupt actions. In particular, objects of lobbying, for example, representatives of state bodies, must notify the NACP of cases of possible violations of the law and refrain from any improper benefits.
We have already had situations where state bodies checked the registration of an association and its employees in the Register before approving working meetings. It is difficult to say whether this practice will become widespread. However, it is already noticeable that there is a high level of attention to the Register and the new regulation. This is a matter not only of individual business ethics, but also of the organizational culture of state institutions.
As for whether the new law will help prevent corruption more effectively, regulation alone is clearly not enough. There are already many instruments in the legislation, but their effectiveness does not always meet expectations. Instead, a comprehensive change in the culture of interaction is needed, proper material support for civil servants, which would create better conditions for minimizing corruption risks.
It is worth emphasizing the importance of further information and explanatory work both among the objects of lobbying regarding their rights and obligations, and among individuals and legal entities that communicate with state bodies regarding certain legislative changes.
The impact of the law on lobbying on the work of lobbyists. In your opinion, after the law enters into force, what part of the lobbying sphere will become “white”, that is, will work in accordance with legislative norms?
– We expect that a significant part of corporate lobbying by big business will immediately move into the “white” plane. Instead, representatives of small and medium-sized businesses, as well as individual consultants, may take a more cautious, wait-and-see position, looking closely at the new rules and practices. The final picture will be shown in the first year of the system’s operation, but the general trend towards greater openness and transparency already looks obvious.
What can narrow the “shadow”?
– Several key factors can reduce the shadow segment:
a simple, convenient and secure Register – for a simple registration and reporting process;
ensuring the publicity of data so that the media and the public have the opportunity to carry out independent monitoring;
creating positive examples of companies that operate in the “white” field and demonstrate the benefits of transparency and openness in practice.
In a few months, the EBA will have to present its first report on lobbying activities. What difficulties do you expect in preparing it?
– The main challenges lie in the technical plane: this is both the format of information submission and the need to harmonize internal databases with the requirements of the new Register. We are aware that this will create an additional burden on the advocacy and compliance teams. But we are confident that we will cope with this task.
