Aspekti Publìčnogo Upravlìnnâ (Apr 2019)
The emergence of legislative regulation of lobbying in the United States as an example for Ukraine
Abstract
The article is devoted to the study of the process of formation of legislative regulation of lobbying in the United States. The main stages of the emergence and reform of the relevant regulatory legislation are considered. The author focuses on the peculiarities of the formation of legislative regulation of lobbying in the United States, due to the specifics of the state and economic processes in this country that took place during the XIX – XX centuries. Regulatory regulation of lobbying in the United States was formed in stages. The antimonopoly and antitrust struggle of the state at the end of the 19th century can be considered as the first elements of such regulation. The next stage was the «new course» of F. Roosevelt, designed to bring the state’s economy out of the great depression, even against the interests of large corporations and efforts to counter the ideological and political influence of the communist and national socialist regimes of the USSR and Germany, respectively. The second half of the twentieth century became the stage of a more mature, modern regulation of lobbying. The most significant changes were made by the Law «On the disclosure of lobbying activities» of 1995. However, taking into account the specifics of the US legal system, a number of precedents of the late XIX and early XX centuries remain in force throughout the entire evolution of legal regulation of lobbyism. Despite the enormous experience of regulating lobbying, even in the United States, the problem of distinguishing lobbying and corruption has not yet been resolved, which makes further scientific research in this area relevant. The article also attempted to consider the prospects of approximation of relevant experience for use in the framework of further regulatory regulation of lobbyism in Ukraine.
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