2024: A Law Passed, A Question Remains: What Kind of Lobbying Does Ukraine Want?

In 2024, the Ukrainian Parliament adopted the Law of Ukraine “On Lobbying” and the subsequent amendments to the Code of Ukraine on Administrative Offenses, marking a turning point not only in regulatory policy but also in the political culture surrounding government relations (GR) in Ukraine. The new-adopted regulatory framework did not stem from strong internal demand – neither from the Ukrainian government, nor from domestic business, nor from civil society. Rather, it was primarily to meet the European Commission’s requirements, specifically related to the opening of membership negotiations. Therefore, Ukraine’s path toward establishing transparency and accountability in the interaction between state, business, and civil society entities was rapid, highly discussive and carried out under intense time pressure.

However, the Draft Law of Ukraine “On Lobbying” underwent significant revisions between its initial version and the text adopted as a Law. Despite some practical ambiguities in its future application, the final version achieved a certain balance, introducing a transparency framework that applies equally to all stakeholders involved in lobbying-related legal relations. Although the Law of Ukraine “On Lobbying” has formally been adopted, its entry into force has been postponed. It is scheduled to take effect two months after the launch of the Transparency Register, but no later than 1 September 2025. In June 2025, public and expert discussions around its provisions continue, and even before implementation, draft amendments aimed at modifying specific provisions of the Law were submitted to Parliament.

From Shadow to System: The Shift in Perception

Ukraine has historically lacked a coherent framework for regulating lobbying. The notion of lobbying was either stigmatized or ignored, or hidden by advocacy, representation, or other terms or statuses.

2024 changed the landscape. The legislative initiatives adopted this year signalled not merely a formal regulation of lobbying, but a broader shift in how the Ukrainian legal system and political community perceive and manage interaction between the private and public sectors.

At the same time, the debate over what exactly constitutes lobbying and who should be considered a lobbyist is far from over. It continues to evolve and reveals two key layers: first, a reluctance – often strategic – to be formally tabled as a “lobbyist”, particularly to maintain flexibility in future public of professional discourse; and second, an aversion to the reporting obligation that comes with official lobbying status and leads to open access information in the Ukrainian Transparency Register.

The Law of Ukraine On Lobbying: Legal Recognition and Structural Foundations

The Law of Ukraine “On Lobbying” introduced a comprehensive definition of lobbying and related concepts, requirements for subjects conducting relevant activities, registration in the Transparency and Reporting Register, and restrictions on lobbying[1].

In the final version of the adopted Law, lobbying is defined as an activity carried out to influence (attempt to influence) the object of lobbying in the commercial interests of the beneficiary (for remuneration received directly or indirectly, and/ or with the payment of actual funds necessary for its implementation) or in the individual’s commercial interests and relates to the subject of lobbying.

At the same time, commercial interest includes any material or non-material benefits that a person may receive as a result of exerting influence. The Law provides for several exceptions that are not lobbying, particularly representation by an individual, legal entity of your interests in relations with state authorities, other state bodies, local self-government bodies, their officials, except for cases when such representation is carried out by a lobbying entity and/or carried out in its commercial the interests of such a person.

Actually, to get from the regulation of the Law partly or at all, the main further discussions have been going through the wording of the concept “commercial interest” and the list of exceptions. Thus, these issues are one of the main subjects of the new relevant draft laws aimed at amending the Law of Ukraine “On Lobbying”, submitted to the Parliament in June 2025.

The Law also regulated the main issues of lobbying legal relations, particularly defining the object of lobbying, the lobbying matter, the list of restrictions of lobbying, registration requirements, biannual reporting obligations, details of suspension and termination of lobbying status, as well as mechanisms for exclusion from the Transparency Register.

Reporting issues, especially for membership of NGOs with many members, not always engaged in lobbying, as well as reporting on activities during organising or participating in public events and communications within the events, are some of the frequent issues discussed over the Transparency Register reporting. Generally, the practical details regarding the reporting of communications with the object of lobbying are not sufficient.

Administrative Accountability: Legal Teeth Behind the Norms

Complementing the framework law, the Ukrainian Parliament adopted a Law amending the Administrative Offenses Code of Ukraine. These amendments introduce administrative liability for violations of lobbying legislation.

Among the key measures are a new type of penalty – a prohibition on lobbying; fines ranging from 50 to 2,000 non-taxable minimum incomes of citizens, depending on the nature and frequency of the violation; procedural mechanisms for courts and the NACP to record and enforce penalties, including the entry of suspension decisions into the Transparency Register; clarification of the subject composition of offenders, with responsibility placed on natural persons and executives of legal entities who act as lobbying subjects.

Notably, repeated non-reporting within a year may lead to a fine of up to 400 non-taxable minimums and a one-year ban on lobbying – a serious deterrent against non-compliance.

Accountability as the Final, Not Initial, Chord: Is it Time for Sanctions in the Lobbying Sector?

One of the most debated and nuanced aspects surrounding the enactment of the Law of Ukraine “On Lobbying” relates to the introduction of liability for violations in the field of lobbying. The accompanying amendments to the Administrative Offenses Code of Ukraine are intended to establish the enforcement mechanism for the new framework. However, a broad consensus has emerged among stakeholders — from business representatives to public authorities — that the immediate focus should not be on punishment, but on building practical experience.

Currently, the legal design presumes the simultaneous launch of both the rules of conduct and the sanctions for their violation. Yet, given the absence of a well-developed enforcement culture and the still-evolving conceptual framework of lobbying in Ukraine, many experts and practitioners argue that it would be more effective to first establish a transparent, predictable, and inclusive practice, including active registration and voluntary engagement by lobbying actors.

This phased approach, which is also supported by the National Agency on Corruption Prevention, would help to avoid the perception of the new law as a punitive or repressive tool. Instead, it would allow for the gradual institutionalization of lobbying as a legitimate form of participation in public decision-making, thereby encouraging trust and compliance. The relevant draft bills were submitted to the Parliament in June 2025.

Conclusion: 2024 as a Turning Point

 The year 2024 will be remembered as the moment that Ukraine ceased to treat lobbying as taboo and, instead, embraced it as a manageable, transparent, and essential aspect of public decision-making. With the legal tools now in place, the real challenge lies ahead: building a culture of ethical lobbying, ensuring effective enforcement, and maintaining transparency in lobbying without compromising effectiveness.  Whether we’ll be able to cope with this challenge will be seen in 2025 – 2026.

The author gratefully acknowledges the use of OpenAI’s ChatGPT as a language model that supported the linguistic refinement and stylistic shaping of the English-language version of certain analytical sections. The conceptual framework, intellectual content, analytical approach and conclusions were all independently developed by the author.

[1] In addition to the primary Law of Ukraine “On Lobbying” (No 3606‑IX, adopted 23 February 2024), the law’s effectiveness is underpinned by two subordinate acts. The Rules of Ethical Conduct for Lobbying Entities (Resolution of the Cabinet of Ministers dated 1 October 2024 No 1128) and Certain Issues of Establishing and Operating the Transparency Registry,” (Resolution of the Cabinet of Ministers dated 15 October 2024 No 1175)