01.09.2025
Starting on September 1, 2025, a new phase in building transparent interactions with the government will begin in Ukraine. The Law of Ukraine “On Lobbying,” adopted by the Verkhovna Rada of Ukraine on February 23, 2024, comes into effect. To implement this law, the Cabinet of Ministers has adopted a number of decisions. Specifically, the Cabinet of Ministers’ resolution No. 1175, dated October 15, 2024, approved the Regulation on the Transparency Register, and resolution No. 1128, dated October 1, 2024, approved the “Rules of Ethical Conduct for Lobbying Subjects”, developed by the National Agency on Corruption Prevention (NACP).
The new rules are set to change the culture of interaction with the government. The law is expected to provide an opportunity to legally defend private interests, closing the door on “shadow” influences.
What the Transparency Register Is
To ensure the transparency and accountability of lobbying, the Transparency Register is being introduced. It will act as a kind of “filter,” as only those who have officially registered will be allowed to engage in lobbying. Lobbying subjects must adhere to ethical rules and disclose their clients/beneficiaries, the subject and object of lobbying, financial data, as well as meetings and communications with officials.
More data means more influence. The Register will open up information to the public about who is approaching the government and for what purpose, who they are meeting with, and what issues they are promoting. Specific data on meetings, finances, and clients will provide facts that can be used in appeals, campaigns, and journalistic investigations. When lobbying comes out of the shadows, it becomes easier to defend the public interest and show where it is being “overridden” by private gain. The Register’s data will allow for mapping: who influences which laws and regulations, through which meetings, and with what budgets. This formalizes a process that previously existed in the shadows.
The NACP is responsible for administering the Transparency Register and overseeing compliance with lobbying legislation. The Register will contain complete information about individuals and legal entities intending to engage in lobbying. Those not listed in the Transparency Register and who have not acquired the status of a lobbying subject are prohibited from lobbying.
Reporting and Accountability
The law places special emphasis on reporting. Every six months, lobbying subjects are required to submit reports to the Transparency Register. These reports must include all key aspects of their activities: data on the subject and their client, the subject and object of lobbying, contract terms, the amount of funds received and spent, meetings with government officials, and contributions to political parties or election funds.
The NACP has the right to verify the accuracy of the submitted information and impose penalties in the form of fines for unregistered activity or for failure to submit reports in a timely manner.
“The Transparency Register will not immediately change the behavior of major players, but it will set the right tone and open up great opportunities,” says Anastasiia Zernova, one of the drafters of the Law of Ukraine “On Lobbying.” She is an attorney, an expert at the Ukrainian National Bar Association, an international business mediator, and a GR specialist with over 20 years of experience.
“For major players to ‘come out of the shadows,’ there must be an open and structured dialogue between the government and business. This is because the tools for circumventing the law and continuing to lobby for private interests will not disappear,” the expert explained. “Lobbyists can also lobby for private interests and influence Ukrainian officials on platforms abroad, and according to current Ukrainian law, they won’t have to report it. This is more about consciousness, which can be changed not by the Transparency Register, but by our honest communication with each other and the existence of effective legislation.”
Advisers and Exempted Activities
Interestingly, the Law of Ukraine “On Lobbying” excludes ministerial advisers and advisers working in state executive bodies. They are not considered persons who engage in lobbying, and their activities in this area are not regulated by the law, as noted by Anastasiia Zernova. However, lobbying is very often done through advisers. They are not required to register in the Transparency Register but have the ability to communicate with the government. An adviser is not a civil servant and in most cases works on a voluntary basis, often without giving up their own business. Thus, it can be assumed that advisers indirectly influence decision-making, but they are exempt from this particular law’s regulations.
According to the law, lobbying subjects can be individuals with full legal capacity, private legal entities registered in Ukraine, and foreign companies with representative offices in the country. At the same time, civil servants and local government officials (both while in office and for one year after their term ends), people with unexpunged criminal records or declared legally incompetent, government bodies, political parties, religious organizations, and media are not lobbying subjects.
Activities not considered lobbying include: diplomatic representation of foreign policy interests; public initiatives in nationwide and local referendums; media and electronic communications activities; activities of political parties and their local organizations; activities of candidates in presidential, parliamentary, and local elections related to their participation in the election process; activities of associations of local governments; scientific and research activities; independent legal practice by lawyers in representing clients and providing other legal assistance; and the work of entities ensuring lawmaking activities.
The Impact on the Market
The law explicitly prohibits lobbying for regulations related to: the declaration of general or partial mobilization; the introduction of martial law; the declaration of a state of war and the conclusion of peace; the use of the Armed Forces of Ukraine; the introduction of a state of emergency; territorial changes; and amnesties. This separates the field of lobbying from issues that belong to fundamental state functions.
“When promoting certain Ukrainian laws in Verkhovna Rada committees, it is not uncommon for advisers to accompany deputy ministers,” Anastasiia Zernova continued. “These advisers combine representation in certain business associations and companies. The link between advisers’ influence and decision-making is obvious, and we must talk about it. I also discuss this in Europe: in any case, the current Law of Ukraine ‘On Lobbying’ is a foundational one. It allows the market to open up, gradually register, and develop, thereby testing the existing trust in the government, but it will definitely require changes. The reality in Ukraine is also changing, and the legislation must be adapted to our realities. The key was to prevent the aggressor country from influencing decision-making in Ukraine. This is a very strong block that was coordinated with the Ministry of Finance and the Ministry of Justice: to prevent the aggressor from entering the market, even through indirect representations, and exerting pressure or influencing decision-making. We hope that martial law in Ukraine will be lifted soon, and the adaptation will be different. The law will change in any case. It allows for lobbying of regulatory acts. Many investments related to reconstruction are coming to Ukraine. In this way, lobbying for the adoption of other decisions and inclusion in programs is taking place. So, lobbying covers various aspects, and its objects are both officials of the highest state executive bodies and officials at regional and local levels who are empowered to plan and adopt regulatory acts.”
“If a legal or physical person wants to lobby for a decision, and they have a client, a beneficiary, and a commercial interest, they must understand that they are obligated to review the Law of Ukraine ‘On Lobbying’ and check if they fall under the definition of a lobbying subject and, if necessary, register in the Transparency Register,” the expert added. “For clarifications, they can contact the NACP. This doesn’t mean they need to write many inquiries. They need to form professional teams and associations and clearly formulate their vision so that the NACP receives not just questions but proposals and understands that communication and cooperation can be established.”
We need to consciously approach the processes of influence and decision-making in Ukraine, doing so professionally and ethically, because we are moving towards the European Union and must meet the standards our partners expect from us. It is up to us what this market will be like and how society will perceive lobbyists in Ukraine. Whether a lobbyist will be associated with good faith conduct or the opposite.
According to the drafters, the Transparency Register should be consistent with its European counterpart, as our systems will be synchronized in some time. The combination of registers and data accumulation is also necessary for reporting to partners from the EU and OECD. The Register is being implemented to be efficient and save resources and simplify communications, so it must be simple and accessible.
In conclusion, it’s worth emphasizing that while the Law of Ukraine “On Lobbying” establishes a new culture of interaction with the government, for advocacy, this is a huge opportunity. It allows for the open analysis of lobbying data and makes it possible to more effectively track risks, find points of influence, and back up appeals with facts, not assumptions. This is also a chance for civil society to make its work more influential, evidence-based, and visible.
