The National Bar Association of Ukraine has prepared a model contract for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific nature of such activities when performed by individuals providing legal assistance.

According to the Law “On Lobbying,” the independent professional activities of attorneys involving the defense, representation, and provision of other types of legal assistance to a client do not constitute lobbying. However, an attorney may become a lobbyist.

The legal instrument under which a lobbyist engages in lobbying at the client’s request in the commercial interests of the beneficiary is a lobbying services agreement. The main requirements for a lobbying agreement are set forth in Article 9 of the Law.

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

The document was drafted by Committee Chair Oleksiy Shevchuk and Committee members Iryna Shapovalova, Bohdan Horban, Valentyna Tiutiunnyk, Mykhailo Kumanovskyi, Denys Keshkentiy, Yulia Kopiyko, Yaroslav Kuts, Oleksandr Leshchenko, Kirill Fedorchuk, and Olena Gadzuk.

The model agreement defines the scope of activities and specifies which of its terms must be agreed upon at the time of signing; it outlines the scope of services and details the rights and obligations of the parties; and it addresses issues related to payment for services, conflicts of interest, and other important aspects of the parties’ interaction during lobbying activities.
The draft also takes into account the differences between the professional activities of attorneys and lobbyists and details issues that may arise when influencing lawmakers or initiatives in accordance with the Law “On Lobbying.”

“It is important that lobbying, as a step toward establishing a transparent dialogue with the state, be conducted in accordance with clear, uniform, and universally understandable provisions. Therefore, we have made it our top priority to develop a model agreement that would lay the groundwork, serve as a guide for attorneys who have decided to become lobbyists, and regulate the issue of lawful influence on entities involved in lawmaking or legislative initiatives,” O. Shevchuk noted.

The text of the model contract for the provision of lobbying services can be found here.

To raise lawyers’ awareness of lobbying, the Committee will also prepare a training course for the Higher School of Advocacy, which will cover the topic of lobbying service agreements.