Lobbying, as a legal tool for influencing government institutions, has only recently been subject to legislative regulation. What are the limits on combining the practice of law with lobbying, the safeguards for independence, and the professional standards?

These and other issues were discussed at the inaugural meeting of the newly established Committee on Lobbying of the Ukrainian National Bar Association.

The event was moderated by Committee Chair Oleksiy Shevchuk. Attorneys Iryna Shapovalova, Bohdan Horban, Valentyna Tiutiunnyk, Yulia Kopiyko, Kyrylo Fedorchuk, Yaroslav Kuts, Oleksandr Leshchenko, and Oleksandr Bondarchuk (the latter two also represented the National Association of Lobbyists of Ukraine). All of them expressed a desire to become members of the NAU Committee and to take on responsibility for specific areas of work.

1. Distinguishing Between Activities

One of the first items on the agenda was the distinction between attorneys and lobbyists. O. Shevchuk raised the issue, emphasizing that the practice of law and lobbying are related but not identical professions, and therefore lawyers must be protected from being mistaken for lobbyists. He proposed developing an informational guide for colleagues that would clearly explain the difference between these two types of activities.

Shevchuk emphasized that the document should be easy to understand and visually appealing—in particular, once drafted, it is planned to be converted into an infographic and presented to attorneys.

I. Shapovalova, V. Tyutyunnik, and Y. Kopiyko have been designated as the lead implementers of the initiative. They are to prepare a draft guide for discussion at the committee’s next meeting. The purpose of the document is to provide lawyers with clear guidelines on how to act in the field of lobbying without violating professional standards of the legal profession and while maintaining their independence.

2. Strengthening Safeguards

At the meeting, participants also discussed the need to hold a working meeting with the Verkhovna Rada Committee on Legal Policy. As O. Shevchuk emphasized, the adopted Law “On Lobbying” is a framework law, so the legal community must propose practical amendments to protect the rights of lawyers who may engage in lobbying activities.

O. Leshchenko undertook to organize a meeting with the parliamentary committee and confirmed his readiness to lead a working group and prepare draft amendments to the law. He also noted that the main goal of the amendments is to ensure the independence of lawyers who act as lobbyists and to enshrine their professional safeguards in law. He also emphasized that currently, Ukrainian legislation—as is the case in international practice—lacks specific guarantees for the activities of lobbyists, so lawyers must take the initiative in establishing them.

According to Y. Kuts, these safeguards should cover aspects such as the inviolability of documents, the protection of professional and commercial secrets, and a prohibition on interference in a lobbyist’s activities.

3. Disclosure and Taxes

The Committee’s chair identified the third item on the Committee’s agenda as holding consultations with the National Agency for the Prevention of Corruption and the State Tax Service. As O. Shevchuk explained, attorneys engaged in lobbying activities may face uncertainty regarding asset declarations and reporting requirements. “The most important question we need an answer to is: if a lawyer is not subject to declaration requirements in and of themselves, will a lawyer who is also a lobbyist be subject to them? This is very important and needs to be clarified,” he emphasized.

Y. Kuts raised the issue of taxation. To address this, it was proposed to organize a working meeting with the State Tax Service to ensure that the current tax regime for legal practice remains in effect for lawyer-lobbyists. It is also worth exploring the possibility of introducing a separate KVED code for lobbying activities and/or obtaining an official clarification regarding the application of the current classification system.

4. Training

To teach attorneys to distinguish between the professions of attorney and lobbyist and to ensure ethical and legal literacy in the field of lobbying, the UNAA Committee plans to develop a training course at the Higher School of Advocacy.

O. Shevchuk noted that the course should serve as a logical continuation of the guide and provide attorneys with systematic knowledge about lobbying activities, their legal regulation, and the limits of combining them with the legal profession. He also clarified that the course is planned to be taught by the attorneys themselves—members of the committee who will be able to serve as lecturers at the Higher School of Advocacy. The event participants agreed with I. Shapovalova’s proposal to take on the coordination of work on the course curriculum. After all, she is a graduate of the Edinburgh Business School and holds a Ph.D. in law. V. Tyutyunnik and Y. Kopiyko will also contribute to the development of the course.

5. Model Documents

The next item on the committee’s agenda was the preparation of standard documents for lobbying activities. O. Shevchuk explained that current legislation lacks approved forms for contracts or reports for lobbyists, so lawyers must develop their own templates—taking into account practical needs and legal safeguards.

“We all know that a lobbying agreement must contain certain requirements, but to date, neither the NACP nor anyone else has proposed such an agreement,” explained the committee chair. “It is worth drafting a template contract between a lawyer-lobbyist and a client, putting it up for discussion, and proposing it to lawyers as a standard template for use. And we should submit it to the NACP, or have the NACP recommend it as a standard template.”

K. Fedorchuk agreed to take the lead on this aspect of the Committee’s work—the development of the draft agreement. O. Shevchuk also emphasized that the standard documents should include not only contracts but also sample reports on lobbying activities—taking into account transparency requirements and possible future recommendations from the NACP.

Outcomes of the Meeting

The inaugural meeting of the UNAA Committee on Lobbying demonstrated the legal community’s readiness to systematically participate in shaping this new legal sphere. Proposals regarding the formation of its full membership will be submitted for approval to the Chair of the UNAA and the Ukrainian Bar Association, Lidiya Izovitova.

The Committee members’ initial areas of focus will include developing practical tools to distinguish between legal practice and lobbying activities, preparing proposals to strengthen safeguards, and aligning legislative regulations with the professional community’s position.

The creation of methodological materials, training programs, and model documents should contribute to the establishment of clear rules, while interaction with Parliament, the National Agency for Corruption Prevention (NAZK), and the State Tax Service (DPS) should help develop approaches to safeguards, asset declarations, and taxation for attorney-lobbyists.