Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

According to the Law «On lobbying», the independent professional activities of advocates in defending, representing, and providing other types of legal assistance to clients do not constitute lobbying. However, an advocate may become a lobbyist.

The legal act under which a lobbying entity lobbies on behalf of a client in the commercial interests of the beneficiary is a contract for the provision of lobbying services. The basic requirements for a lobbying contract are set out in Article 9 of the Law.

The UNBA Committee on lobbying has reviewed the provisions of this Law, the Rules of ethical conduct for lobbyists, approved by Resolution of the Cabinet of Ministers No. 1128 of October 1, 2024, and European standards of integrity (Recommendation of the Council of Europe of March 22, 2017 No. R(2017)2), on the basis of which it developed a model agreement for the provision of lobbying services.

The document was developed by the Committee chairman Oleksiy Shevchuk and Committee members Iryna Shapovalova, Bohdan Horban, Valentina Tyutyunnik, Mykhailo Kumanovskyi, Denys Keshenkyi, Yulia Kopiiko, Yaroslav Kuts, Oleksandr Leshchenko, Kyrylo Fedorchuk, and Olena Hadyuk.

The model agreement defines the subject of activity and specifies which characteristics are mandatory for agreement at the stage of signing the agreement, discloses the scope of services and details the rights and obligations of the parties, regulates issues related to payment for services, conflicts of interest, and other important aspects of interaction between the parties during lobbying.

The draft also takes into account the differences between the professional activities of advocates and lobbyists, and details issues that may arise when influencing law-making entities or initiatives in accordance with the Law «On lobbying».

«It is important that lobbying, as a step towards establishing a transparent dialogue with the state, takes place on clear, uniform, and understandable terms for all. Therefore, we have set ourselves the primary task of developing a model agreement that would lay the groundwork, serve as a guide for advocates who have decided to become lobbyists, and regulate the issue of legal influence on law-making entities or initiatives», - said O. Shevchuk.

The text of the model agreement on the provision of lobbying services is available here.

In order to raise awareness among advocates in the field of lobbying, the Committee will additionally prepare a training course for the Higher School of Advocacy, which will cover the topic of agreements on the provision of lobbying services.