December 2008

In Focus – Lobbying

The Western understanding of lobbying doesn’t have a negative sense. It is considered to be an organic element of designing government policy as the input from civil society ensures adjusted and prudent result. In different sources you can find various terms for lobbyists, like “interest groups”, “stakeholders”, “civil society groups”, “pressure groups” and others…

Lobbying comes from the Latin word lobby. The supposed origins of the term lobbying come from the hall ways, lobbies. In a broad sense it is activity aimed at assertion and realization of the interests of certain social groups, activity of representatives of non-governmental organizations that expresses such interests in state authorities…

It is common nowadays for governments to define and regulate organized group lobbying. Developed countries have national laws, which regulate the activities of lobbying organizations or independent lobbyists, which require them to register, as is the case in the US, or oblige politicians to disclose information about the payments they receive from organizations in exchange for carrying out certain functions in their interest…

In terms of political economy predictions, Ukraine is characterized by the following interaction of factors – relatively low mobility of factors of production, a non-majoritarian, fragmented political system, and formal, as well as informal institutions providing a favorable environment for direct lobbying. Under such circumstances we could expect to see specific industries harmed by liberalization easily getting access to decision-makers and receiving the necessary protection. And this is what we observing at the early stages of WTO accession. The process was halted by inefficient political institutions, lack of negotiating experience and the strong industrial and agricultural lobby…

In Kiev one of the key policies on which there is universal agreement is that the future of Ukraine’s economy lies in greater integration with the EU. The first big step in this direction was taken in 2005 when Ukraine was granted Market Economy Status. Significant progress has been made since then…

In modern Ukrainian society lobbyism is associated with corruption and criminal actions. But the prospects for development of market relations of a policy set the requirement for other lobbyism – civilized and regulated by the law…

During certain periods of time, Cyprus has been treated in Ukraine as an offshore, “blacklisted” jurisdiction and deductibility of fees paid to Cyprus from Ukraine have been limited to 85% of their otherwise deductible amount. In 2004 Cyprus was excluded from the “blacklist” and has not been placed there since and some investors are further attracted to…

As the EURO-2012 Football Championships approach, understanding of the public procurement system and tender procedures in Ukraine are gaining greater importance than ever…

Resolution of cases that arise out of corporate relations is established in Clause 4, Part 1, Article 12 of the Commercial Code of Procedure of Ukraine (hereinafter – CCPU). Those are cases that arise from corporate relations in disputes between a business entity and its participant (founder, shareholder), including a participant that left the company, and also between participants (founders, shareholders) of business companies that are related by establishment, activity, management and termination of such company, except for labor disputes…

Arbitration in Finland is governed by the Finnish Arbitration Act, No. 967 adopted in 1992 and last amended in 2003 (Act). Despite the fact that the UNCITRAL Model Law has not been incorporated into the Finnish legal system, basic notions and concepts of the Model Law can be found in the Finnish Arbitration Act…

The Ukrainian Bar Association held its Annual Corporate Law Forum on 31 October 2008 for the second time at the conference hall of the Hyatt Regency Hotel in Kiev. The Forum’s invited guests included practicing lawyers, scientists, representatives of the legislative, executive and judicial powers of Ukraine and representatives of professional organizations: Ukrainian Bankers Association, Ukrainian Association of Business Investment, Association of Registrars and Depositaries, International Financial Corporation, and USA Agency on Regional Development as well as other participants…

It is no secret that in the current financial crisis Corporate Social Responsibility needs to be more transparent and vital for business in Ukraine. This topic was at the heart of a panel discussion at the “Corporate Social responsibility: measuring business’s contribution to community development” round table held at the Hyatt hotel on 6 November 2008…

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