On 30 November, Cedos and more than 250 other civil society organisations joined the signing of a statement on the need to ensure transparent, meaningful and inclusive public consultations on lobbying draft laws. The statement was prepared by the Civil Network OPORA and the Centre of Policy and Legal Reform. The text of the statement is below.

November 30, 2023

On November 6, the National Agency for Corruption Prevention (NACP) made public on its website a Draft Law “On the Integrity of Lobbying and Advocacy in Ukraine” and Draft  Amendments to the Code of Ukraine on Administrative Offenses regarding violations of legislation on lobbying and advocacy (hereinafter – the Draft Laws) and initiated public discussion on the matter.

Both drafts were prepared without the involvement of civil society organizations. As a basis, they used an earlier Draft Law “On Integrity of Lobbying in Ukraine,” which had significant flaws and was sent for examination to the Council of Europe to assess its compliance with international standards. The comments provided by the Council of Europe were not corrected when these new draft laws were finalized.

Under pressure from CSOs, NACP launched public consultations on November 10th and 23rd. However, these consultations were formalities, appearing to not be genuine. For example, participants insisted that civil society organizations working for social change should be exempted from the law. However, these proposals were not taken into account without any justification. And, on the day of the last discussion, the NACP submitted the draft laws to the Cabinet of Ministers of Ukraine (CMU) for further submission (if approved) to the Parliament.

Having analyzed the drafts submitted by the NACP to the CMU, we see that most of the Council of Europe’s comments on the NACP’s original draft law were not considered and were not accounted for in the updated version of the draft law. The NACP changed the name of the original draft law by adding the concept of “advocacy” to lobbying, removed several provisions that had received positive assessments from the Council of Europe (for example, regarding the responsibilities of officials in relation to lobbyists, etc.), and supplemented the text of the draft law with several questionable or unclear provisions – some of which contradict the Constitution of Ukraine, international standards, and best practices for lobbying. Some of these new provisions were not discussed during the public consultations (e.g., the ban on lobbying for constitutional amendments, etc.).

The draft laws cover not only lobbying but also advocacy and the exercise of constitutional rights and freedoms by citizens. The authors of the Draft Law claimed that it was in line with European standards. However, in a number of countries, lobbying laws explicitly provide that the activities of CSOs related to the public interest, as well as the activities of citizens when exercising their constitutional rights, are not regulated by lobbying laws. The draft laws prepared by the NACP explicitly consider advocacy a form of lobbying. According to the submitted drafts, to carry out advocacy, CSOs must voluntarily register with the Transparency Register and annually publish “general information on each subject of advocacy and on the sources of funding for advocacy in a general form.” Contrary to the positions expressed during public consultations, the NACP’s desire to preserve the rules on advocacy regulation can only be seen as a desire to create a springboard for further pressure on public associations and create conditions for restricting the activities of public associations.

The draft laws also prohibit lobbying for amendments to the Constitution of Ukraine and legislative changes that “threaten national security” or contradict the principles of international law. These provisions do not comply with the principle of legal certainty and are atypical for lobbying legislation in European countries. The drafts provide for administrative liability for violations in the field of lobbying but do not specify who should impose the penalties. Therefore, in practice, the proposed sanctions will not work. Lobbyists are not granted any additional rights beyond those already provided by the current legislation. Contrary to international standards and best practices for lobbying, the draft does not impose any obligation on officials to disclose information about their contacts with lobbyists. The rules of conduct for lobbyists and the rules of advocacy will be determined by the NACP, which will monitor compliance with these rules. This turns the NACP into a “judge in its own case” and creates a conflict of interest in the institution’s activities. This list of drafts’ shortcomings is not exhaustive.

The Annex to the European Commission’s interim decision on Ukraine’s accession to the EU, published on November 8, 2023, emphasizes the need for Ukraine to adopt a law regulating lobbying activities as part of its de-oligarchization action plan.

At the same time, the European Commission believes that such a law:

1)    Should comply with European standards;

2)    Should be the result of an open and inclusive discussion with a wide range of stakeholders (including civil society organizations), including broad public consultations;

3)    Should not restrict the legitimate activities of civil society organizations and should not create a disproportionate administrative burden for such organizations.

The draft laws submitted by the NACP to the Cabinet of Ministers and the discussion process do not meet any of these three recommendations. Even though the draft laws are positioned as anti-oligarchic, the proposed language does not address the issue of political corruption and non-transparent influences on decision-making. However, they can block the work of civil society organizations, make it difficult to engage their expertise, and engage them in developing necessary changes to legislation. CSOs, charities, and volunteer initiatives that have become reliable partners of the state in promoting democratic reforms and countering Russia’s armed aggression will effectively be deprived of their key function of being the voice of those whose rights they protect and acting in the public interest.

In this regard, we call for:

1) The Cabinet of Ministers of Ukraine:

  • To return the draft laws submitted by the NACP for further improvement and to ensure that the NACP holds further meaningful, open, and inclusive consultations on such drafts by the end of 2023. Such consultations should result in bringing the draft laws in line with international standards, taking into account the recommendations of the Council of Europe and participants of previous and future discussions, in particular, with regard to the removal of the reference to activities of CSOs and to advocacy from the scope of these lobbying laws;
  • To submit the draft laws revised by the NACP to the Parliament no later than March 20, 2024, if they are brought in line with European standards and the provisions of the drafts take into account the previous recommendations of the Council of Europe and stakeholders’ proposals.

2) Verkhovna Rada of Ukraine:

  • To immediately adopt in the second reading and as final the draft Law of Ukraine “On Public Consultations” (Reg. No. 4254 of October 23, 2020), which will include provisions on mandatory public consultations on draft laws submitted by MPs of Ukraine.

List of signatories:

  1. Kharkiv Human Rights Protection Group
  2. Human Rights Centre ZMINA
  3. Transparency International Ukraine
  4. Civil Network OPORA
  5. Reanimation Package of Reforms
  6. Centre of Policy and Legal Reforms
  7. Ukrainian Independent Center for Political Research
  8. Anti-Corruption Headquarters
  9. Centre for Democracy and Rule of Law (CEDEM)
  10. NaUKMA School for Policy Analysis
  11. CHESNO Movement
  12. ISAR Ednannia
  13. Internews Ukraine
  14. Human Rights Platform
  15. Agency for Legislative Initiatives
  16. NGO Civil Holding GROUP OF INFLUENCE
  17. Civil Society Institute
  18. International Renaissance Foundation
  19. StateWatch
  20. Anti-Corruption Research and Education Centre
  21. DEJURE Foundation
  22. NGO Legal Hundred
  23. Ukrainian Centre for European Policy
  24. NGO “Against Corruption”
  25. Institute for Economic Research and Policy Consulting (IER)
  26. NGO “Together Against Corruption”
  27. Digital Security Lab Ukraine
  28. Cedos
  29. ILI Anti-Corruption Center
  30. Odesa regional organization of the VGO “Committee of Voters of Ukraine”
  31. Institute of Euro-Atlantic Cooperation
  32. NGO “Donbas SOS”
  33. NGO “CrimeaSOS”
  34. CF EAST SOS
  35. Centre for Economic Strategy
  36. DiXi Group
  37. International Charity Foundation “Caritas Ukraine”
  38. Ilko Kucheriv Democratic Initiatives Foundation
  39. IREX
  40. Charity Foundation Stabilization Support Services
  41. Institute Respublika
  42. Foundation of Regional Initiatives
  43. “Eidos” Center for Political Studies and Analytics
  44. Institute of Mass Information
  45. NGO “Detector Media”
  46. Kharkiv anticorruption center
  47. Committee of Voters of Ukraine
  48. Regional Press Development Institute (RPDI)
  49. Ukrainian Legal Advisory Group NGO
  50. NGO “WOMEN’S ANTICORRUPTION MOVEMENT”
  51. UA LIBERATION MOVEMENT
  52. National Union of Cinematographers of Ukraine
  53. UKRANIAN PUBLIC ORGANIZATION «OFFICE OF COMMUNITY DEVELOPMENT»
  54. Foundation of Local Democracy
  55. Centre of United Actions
  56. Expert group OWL
  57. Media Initiative for Human Rights (MIHR)
  58. Association of public advisers of Ukraine
  59. New Europe Center
  60. “Center for Innovations Development”
  61. HealthRight
  62. Youth organization “Plast – National Scout Organization of Ukraine”
  63. Chernihiv European
  64. NGO Kremenchuk informative elucidative centre European Club
  65. Kaniv Organization of Persons with Disabilities “Renaissance”
  66. Parents for vaccination
  67. Advocacy center “LIFE”
  68. EasyBusiness
  69. Ray of Hope Tsentr
  70. Kharkiv Institute for Social Research
  71. Donetsk Institute for Social Research and Political Analysis
  72. NGO ANTS
  73. Social Action Centre
  74. “Volyn Institute of Law”
  75. NGO “Institute of reforms and innovations”
  76. Volyn Institute for Support and Development of Public Initiatives
  77. NGO “Association for Support and Development of Association of Co-Owners of Apartment Buildings and Bodies of Self-Organization of Population”
  78. Centre of environmental initiatives Ecoaction
  79. NGO Brainstorm
  80. NGO “Debate federation of Ukraine”
  81. Regional Public Charitable Foundation “Law and Democracy”
  82. NGO Nashe Podillya
  83. Dniprovsky Center for Social Research
  84. NGO “Mykolaiv City Development Fund” (FDM).
  85. LGBT HUMAN RIGHTS NASH SVIT CENTER
  86. CUAMM Doctors with Africa
  87. ALLIANCE.GLOBAL, Public Organization
  88. Coalition “On the Contact Line”
  89. CHARITABLE ORGANIZATION «CHARITABLE FOUNDATION «CARITAS ZAPORIZHZHIA»
  90. P0 “LGBT Association ‘LIGA’
  91. PUBLIC ORGANIZATION “LUHANSK REGIONAL ORGANIZATION “SOLIDARNIST”
  92. NGO ‘Analytical & advocacy center ‘Lviv Regulatory Hub’
  93. «UA group»
  94. Synergy Pro NGO
  95. Public organization “Cultural Fortress”
  96. NGO “KOMROZ”
  97. Syla Liudei
  98. Public organization “Leisure center for children with disabilities “Dyvosvit”
  99. NGO “MINZMIN”
  100. Fond ” EKTA INATIATIVA”
  101. PO “Joy to live”
  102. NGO “Autism. A Unique Universe”
  103. Public organization “Equality in Action”
  104. PO “Tribun”
  105. Civil organization HROMADSKY DIM
  106. NGO “Grunt”
  107. NGO HUMAN RIGHTS ORGANIZATION “RIGHT CAUSE”
  108. “Our revival – Donbass Ukraine”
  109. First line, Helping to leave
  110. Non-governmental organization «Democratic Initiatives Incubator»
  111. Sumy Reform Platform
  112. Studio of Public Women’s Initiatives
  113. Charity Organisation “Cristian Medical Association of Ukraine ”
  114. NGO “Center for International Cooperation and Project Implementation “
  115. NGO “Megasocium”
  116. All Ukrainian Initiative “Active Community”
  117. NGO “DYC “DOBRO”
  118. NGO “Revival and Development Association”
  119. Civic Organization “Dobrochyn Centre”
  120. All-Ukrainian NGO “Association for Community Self-Organization Assistance”
  121. NGO “National Education Association”
  122. Fight For Right OPD
  123. «Moya Zhraya»
  124. NGO “Youth Space of Drohobych”
  125. NGO “Liki Control”
  126. Chernihiv Centre for Human Rights
  127. NGO UMIND
  128. Protection of Civil Liberties Union
  129. Civic Initiative of Lugansk Region
  130. NGO “Ambassadors of Education”
  131. NGO “Pulmonary Hypertension Ukraine Rare Disease Association”
  132. NGO Country of free people
  133. NGO Odesa Institute of Social Technologies
  134. Public Organization “Workshop of Active People”.
  135. NGO “Association of Mothers and Wives of Ukraine’s Defenders”
  136. NGO New Druzhkivka
  137. Ukraine Children’s Action Project
  138. NGO “Neskoreni”
  139. “Save Peace In Ua”
  140. NGO PROSTIR MOZHLYVOSTEI
  141. Plato
  142. NGO Center for Social and Business Initiatives
  143. NGO Ekoltava
  144. Black Sea Center for Political and Social Research
  145. NGO Environmental Club Eremurus
  146. Local Economic Development Agency of Yavoriv
  147. NGO Ecoclub
  148. NGO “Center of Investigative Reporting “The Power of Truth”
  149. Razom We Stand
  150. CF “Children with haemophilia”
  151. Center of Civic Education “Almenda”
  152. NGO “Dia-Zen”
  153. NGO Social Initiative “City of the Sun”
  154. NGO Association of Relatives of Political Prisoners of the Kremlin
  155. Charitable Organization Boyarka Community Foundation
  156. NGO “Center for Sociopolitical Studies and Public Initiatives “STATUM”
  157. ICO “Environment – People – Law”
  158. Crimean Human Rights Group
  159. Institute of Peace and Common Ground
  160. Publiс Organization ” Necessary People “
  161. Ukrainian Nature Conservation Group
  162. Creative union “Nivroku”
  163. NGO “YOUTH NATIONALIST CONGRESS”
  164. Ukrainian Youth Association
  165. NGO “UEC”Green Wave”
  166. NGO CIVIL PLATFORM THE NEW COUNTRY
  167. Charity found International Development Foundation
  168. FUTURE DEVELOPMENT AGENCY
  169. NGO “Volyn Press Club”
  170. NGO Bilozerka center for regional development
  171. Change Agency “Perspectives”
  172. NGO Ukrdem
  173. NGO “Centre of Gender Culture”
  174. NGO TsHI Skhidna Brama
  175. Caritas Volyn
  176. NGO ,,Steps to future,,
  177. CSO Institute of Legislative Ideas
  178. NGO “HeroU”
  179. Non-governmental organization “Trostyanetska District Organization of the Disabled” (GO “TRO”)
  180. Khmilnitska districts NGO «PRAVO»
  181. NGO SILab Ukraine
  182. NGO “Veles+”
  183. PО “Women’s unity of Slobozhanshchyna”
  184. National Assembly of People with Disabilities of Ukraine
  185. «CIVIC CONTROL IS ACTING».
  186. Center of Information Studies and Resource Service “Meridian”
  187. NGO “Velid” Ukraine
  188. CHARITABLE TRUST “ТHE MEMORIAL OF KOZELSHCHINI AND PUTIVLJA”
  189. «YOUTH ORGANIZATION OF WAR (ATO) VETERANS, DISABILITIES «STRINGS OF HEART»
  190. CF “Patients of Ukraine”
  191. ASSOCIATION OF DEVELOPMENT CONDOMINIUMS AND HOUSING COOPERATIVES MODERN HOUSE (ASSOCIATION MODERN HOUSE)
  192. Non-Governmental Organization “Center for Civic and Cultural Initiatives Support “Tamarisk”
  193. Non-Governmental Organization “From a dream to the action”
  194. Kreminska biznes-asotsiatsiya
  195. PLAST NATIONAL SCOUT ORGANIZATION OF UKRAINE
  196. FOND ROZVYTKU GRUNS’KOI GROMADY GROMADS’KA ORGANIZACIYA
  197. Institute for Gender Transformations
  198. NGO Motivation circle
  199. NGO «ZHINOCHA SOTNIA KRYVYI RIH»
  200. KOIV “VELES”
  201. NGO “Access point”
  202. NGO “WA “Sphere”
  203. NGO “It’s close”
  204. Information and educational space “INFOHUB“
  205. Institute of Political Education
  206. NGO Ukraine. Time to connect
  207. Creative Initiative Foundation
  208. NGO “Ukrainian League of Lawyers for Combating Corruption”
  209. NGO Free Will
  210. Zhytomyr regional organization of a huge organization, All-Ukrainian organization Union of Persons with Disabilities of Ukraine,
  211. NON-PROFIT ORGANIZATION «DONBAS INTERNALLY DISPLACED PERSONS ASSOCIATION «DOBROTVOR»
  212. Association “Smarta”
  213. «UNITED VETERANS MOVEMENT «INTERACTION»
  214. “Development centrе “Women world”
  215. “Modern women”
  216. Civil Society Development Forum NGO
  217. Expert Advisory Center “Legal Analytics”
  218. Public union “Association of local self-government”
  219. Public organization “BCD”
  220. Regional society organization “Our heritage “
  221. PA of Social Protection “Mercy and Health”
  222. “Our folk community”
  223. “YOUR CITY ROMEN”
  224. CO “Next generation 21”
  225. NGO “ForestCom”
  226. NGO Insight
  227. IG “b.art.club” in the Boyanu TC
  228. Kharkiv Regional Youth Public Organization “Kharkiv Center of Volunteers”
  229. Kharkiv department of All- Ukrainian charity Fund of the help for victims of violence
  230. Kharkiv National University of Internal Affairs”HEADQUARTERS OF NATIONAL DEFENSE”
  231. Military Institute of Tank Troops of the National Technical University “Kharkiv Polytechnic University”
  232. Luben community
  233. Non-governmental organization «Athena. Women Against Cancer»
  234. Gender Culture Center
  235. Public organisation “SPECTRUM KHARKIV”
  236. GO Lenka Penka
  237. MODERN WOMEN
  238. Caritas Boryslav
  239. Department of Science and Education Kharkiv Regional State Administration
  240. BO BF “Step into a new Life”
  241. NGO “Line of consent”
  242. CO “ POSITIVE WOMEN”
  243. PO “School of ME”
  244. NGO “Pitbull Lviv”
  245. NGO Black Sea Women’s Club
  246. Myrhorod youth council
  247. Fridays For Future Ukraine
  248. NGO “Society for Nature Conservation of the city of Kremenchuk.”
  249. PO “Motivational kolo”
  250. NGO “Social activity center “Active community”
  251. ГО “Sandy shores”
  252. The League of the Strong
  253. NGO Epi-Awareness