LOBBYING AS A LEGAL CONSTRUCTION: FEATURES OF FORMALIZATION

Abstract

This article explores the problem of formalizing the institution of lobbying in Ukraine through the perspective of legal drafting techniques in the context of the adoption of the 2024 Law of Ukraine “On Lobbying” and the introduction of the Transparency Register. The relevance of the topic stems both from the novelty of the relevant regulatory framework and the specific conditions of its implementation during martial law, which objectively complicates the rule-making process.

The aim of the study is to define the essence of the concept of “lobbying” and to establish its classification as a legal construct within the framework of legal technique. The research analyzes academic approaches to understanding legal constructs, particularly their narrow (legal-technical) interpretation, and critically examines a broad approach to defining them as epistemological constructs. It is substantiated that legal constructs have practical significance and are aimed at ensuring the logical consistency, coherence, and effectiveness of normative material.

It is proved that the concept of “lobbying”, despite its origins in political science, corresponds to the key characteristics of a legal construct. In particular, it reflects a model of social relations, is formed through abstraction and typification, has an internally consistent structure (subject, object, subject matter, content of activity), and serves as a means of constructing normative material. Special attention is paid to distinguishing between the concepts of “lobbyism” and “lobbying”, where the former is viewed as a more static phenomenon and the latter as a dynamic process subject to legal regulation. Consequently, the appropriateness of using the term “lobbying” in legislation has been substantiated.

It is concluded that lobbying is a legal construct used by the legislature to formalize the relevant legal relationships. The practical significance of this work lies in formulating requirements for the further improvement of lobbying legislation, taking into account the principles of legal drafting, in particular clarity, logic, consistency, and internal coherence of legal norms.