Advocate can provide lobbying services – NAPC

Advocates are not lobbying entities, but they can acquire this status in accordance with the provisions of the Law on Lobbying. At the same time, they can engage in lobbying outside the scope of their legal practice.

This was pointed out by Anastasia Yezerska, Deputy Head of the Department for Organization of Work with Stakeholders and Ensuring Adoption of Anti-Corruption Policy Acts of the National Agency for the Prevention of Corruption, during a meeting of the agency's leadership with representatives of the European Business Association.

«An advocate can provide lobbying services, but outside the scope of his or her practice. That is, even a non-governmental organization, a non-profit organization can provide lobbying services if it defines itself as a lobbying entity and registers. We have no restrictions, - said the NAPC representative. - We determine that they are not lobbyists and lobbying entities a priori, but they are not deprived of the right to acquire this status».

According to the Law, lobbying is an activity aimed at influencing a lawmaker or lawmaking initiative in the commercial interests of the beneficiary. At the same time, advocacy, as well as the activities of public associations, other non-profit enterprises, institutions and organizations, are not considered lobbying.

The list of restrictions on lobbying subjects is set out in Article 10 of the Law. In particular, they cannot be individuals:

• authorized to perform state or local government functions;
• convicted of a crime or subject to an administrative penalty for a corruption offense or a lobbying ban;
• incapacitated, partially incapacitated persons;
• citizens or residents of a state that carries out armed aggression against Ukraine;
• included in the list of persons associated with terrorist activities or subject to international sanctions;
• subjects of law-making activities;
• candidates for elected office (President, deputies).

Advocates have also asked the Bar Council of Ukraine about the possibility of combining the practice of law with the provision of lobbying services. The bar self-government body is to provide its explanations on this issue at its next meeting on June 7-8 this year.