The law on lobbying is officially in effect: what businesses should consider
2 September 07:58
On September 1, 2025, Law No. 3606-IX “On Lobbying” came into force in Ukraine. From now on, any activity that falls under the definition of “lobbying” is possible only after prior registration in the Transparency Register of the National Agency for the Prevention of Corruption (NAPC). According to "Komersant Ukrainian", citing the European Business Association (EBA), the new legislation radically changes the rules of interaction between business and the authorities.
As a reminder, on February 23, 2024, the Verkhovna Rada adopted as a whole the Cabinet of Ministers’ draft law on fair lobbying 10337. According to it, the activities of public activists do not constitute lobbying. Advocacy actors, including civic activists, will not be included in the Transparency Register, which will contain data on lobbying actors.
The law does not apply to the representation of foreign policy interests by diplomatic missions, media, or political parties.
Also, the law does not apply to activities related to the attraction, use, monitoring, provision and use of international technical assistance, implementation of international technical assistance projects and programs.
Advocacy, as well as activities that are limited to the exercise of the right to peaceful assembly, participation in public consultations, etc. will not be considered lobbying.
What is lobbying?
Lobbying is the influence of business or individuals on the authorities to promote their own interests. It can be carried out both legally and illegally. The main goal is to promote the adoption of decisions, laws or regulations that will bring commercial benefits.
To ensure that this process is transparent and does not harm the public interest, many countries have special legislation that defines
- what can be promoted
- who has the right to do it;
- how lobbying is conducted;
- what kind of reporting should be done;
- what penalties are imposed for violations.
Definition of lobbying in Ukrainian law
According to the Law of Ukraine No. 3606, lobbying is an activity aimed at influencing (or attempting to influence) the object of lobbying in the commercial interests of the beneficiary for a fee or in the person’s own interests.
Who is a lobbyist?
Alobbyist is an individual or legal entity that acts as an intermediary between those with a commercial interest and decision makers. A lobbyist may participate in the development of draft laws and interact with:
- state and local authorities;
- ukrainian and foreign companies (except for the aggressor state)
- individuals or groups of individuals.
The main condition is that the promotion must have a commercial benefit, not a public purpose.
What is not considered lobbying?
Lobbying does not include
- personal representation of business interests without intermediaries;
- activities of public and non-profit organizations;
- advocacy of socially important issues;
- the work of diplomats, lawyers or the media.
How does the lobbying system work in Ukraine?
To engage in legal lobbying, you must
- submit reports every six months, which indicate both the funds received and all forms of interaction with the authorities (meetings, correspondence, participation in events).have a signed lobbying agreement. Every six months, a lobbyist must submit reports not only on the money received for lobbying, but also on meetings or other forms of communication with government officials.
- be included in the NACP Transparency Register;
- conclude a formal contract for the provision of lobbying services;
- submit reports every six months, indicating both the funds received and all forms of interaction with the authorities (meetings, correspondence, participation in events).
What changes for business?
The new law provides for
- mandatory registration of lobbying activities;
- clear rules for communication with government agencies;
- regular submission of reports;
- sanctions in case of violation of the rules.
For entrepreneurs, this means the need to review approaches to communication with the authorities and strengthen internal control over any form of lobbying.
Penalties for violations
The Law No. 3620-IX on Liability for Violations in the Field of Lobbying amended the Code of Administrative Offenses with new Articles 188-46-1 and 188-46-2, which will establish administrative liability for illegal lobbying and violations of lobbying legislation.
The Code of Administrative Offenses is supplemented by a new type of administrative penalty in the form of a ban on lobbying.
Employees of the National Agency for the Prevention of Corruption (NAPC) will be able to draw up protocols for violation of lobbying rules.
Thus, for illegal lobbying, a person will face a fine of UAH 850 to UAH 1,700.
Lobbying by a person who, when acquiring the status of a lobbying entity, failed to report the existence of circumstances that exclude such a person from being a lobbying entity in accordance with the Law of Ukraine “On Lobbying”, will result ina fine of UAH 8,500 to 17,000.
Violation of lobbying legislation, namely failure to submit or late submission of a lobbying report to the Transparency Register by a lobbying entity, will result in a fine of UAH 850-1700.
Violation of statutory restrictions on the subject matter of lobbying or lobbying in the commercial interests of a person who cannot be a beneficiary or at the request of a person who cannot be a client, or financing lobbying with funds (means) that cannot be a source of lobbying financing in accordance with the Law of Ukraine “On Lobbying” – entails a fine of UAH 17 thousand to 34 thousand.
The subjects of the offenses in this article are individuals and heads of legal entities that are registered as lobbying entities in accordance with the Law on Lobbying.
The court’s decision to impose an administrative penalty in the form of a ban on lobbying is sent to the NACP within three days from the date of its entry into force to make a record of the suspension of the lobbying status in the Transparency Register.
What does the business community advise?
The European Business Association (EBA) has provided businesses with a number of practical tips to avoid violations and properly organize their activities.
1. Conduct an internal audit
First of all, companies should analyze their interactions with government agencies:
- Meetings with officials
- Correspondence
- Participation in working groups, expert events
- Advocacy campaigns
Assess whether these contacts fall under the definition of lobbying. It is also worth checking for lobbying agreements, whether direct or through consultants or business associations.
2. Register in the Transparency Register
The law prohibits lobbying activities without registration in the NACP’s Transparency Register. Therefore, companies and business associations should ensure timely registration.
3. Set up a reporting system
The EBA recommends implementing internal procedures:
- Appoint persons responsible for preparing reports.
- Keep a calendar of interactions with government agencies.
- Use templates to record meetings, events, letters, and other communications.
4. Adhere to ethical standards
Businesses should avoid any gray areas, such as
- Gifts to officials
- Non-transparent charity
- Informal arrangements
5. Join business associations
If a company does not have sufficient resources to conduct reporting on its own, it is worth considering consolidating lobbying efforts through business associations. This will help reduce administrative burden and risks.
6. Keep an eye on legislative changes
The Law on Lobbying may be amended. In particular, the EBA Lobbying and Transparent Policies Committee is promoting the adoption of draft laws No. 13339 and No. 13340-1, which provide for clarification of terms, optimization of reporting, and postponement of sanctions. Until they are adopted, it is necessary to comply with the current regulations in full.
7. Organize training for employees
Special attention should be paid to those employees who are in direct contact with government agencies. Conduct a briefing and explain the new rules, because now every contact can have legal consequences.
The main recommendation is to act openly and document all steps. If in doubt,
it is better to declare the contact than to risk a violation.
Will there be any leniency?
The EBA Lobbying and Transparent Policies Committee is working with the NACP and the Verkhovna Rada to launch the Transparency Register.
The business community is also promoting the adoption of draft laws #13339 and #13340-1, which provide for the postponement of sanctions and improvement of existing provisions.
