The Conception of Legal Control over Lobbying Activity in the Russian Federation

Transcription

1 The Conception of Legal Control over Lobbying Activity in the Russian Federation Prepared by the Research Group of the Department of the International Association of Business Communicators, presided by Pavel Morozov (Independent Institute for Study New Economics

2 Chapter I. Lobbyism in the Mirror of the Russian Legislation Chapter I. Lobbyism in the Mirror of the Russian Legislation The Russian legislation lacks a formal definition of lobbyism or lobbyists activity. Being guided by the foreign experience Russian researches interpret the lobbyists activity as the formally regulated kind of activity of interested persons and organizations, required to register, which contains a range of legal options and ways of influencing the process of legal acts adoption by legislative bodies to realize legal interests of these persons or organizations. Lobbyism is offered to be interpreted legally as a range of rules, regulating interaction (participation) of citizens, public associations, organizations, enterprises, specializing in lobbying activity, other parties of legal relationships with state power bodies to influence decision making and battle for own interests. We can mark out the corresponding system of regulations, which concern indirectly the conception of the lobbyists activity offered. The regulations we are interested in are included in the Constitution, federal legislative acts, subordinate regulatory acts of federal bodies of state power as well as in the regional legislation. The Constitutional basis contains the RF citizens rights, which are detailed in the basic law, to participate in governing the state affairs directly or through their representatives (Part 1, Article 32), to address personally and send private and collective forms of address to state bodies and local governments (Article 33), a right to consolidation, including a right to found professional unions for protection of their interests (Part 1, Article 30) and a right to protect rights and liberties by all means, not prohibited by the law (Part 2, Article 45). We should also mention a right of the Federation Council and the State Duma to hold parliament hearings on issues they are responsible for (Part 3 Article 101). Other regulations, governing some aspects of lobbyists activity are: According to the federal constitutional law On Government of the Russian Federation, the government has established that the government is to take measures on protection of interests of domestic producers of goods, executors of works and services (Article 14) as well as regulated relationships between the government and the Federal Assembly (Chapter 6). The federal law On Political Parties has defined an order of creation and functioning of political parties public associations, founded for the RF citizens to participate in the society s political life as well as to represent interests of citizens in state power bodies and local governments (Part 1, Article 3). The federal law On Status of a Member of the Federation Council and Status Концепция правового регулирования лоббисткой деятельности в Российской Федерации 6

3 Chapter I. Lobbyism in the Mirror of the Russian Legislation of a Deputy of the State Duma of the Federal Assembly of the Russian Federation provides a list of forms of activity for a member of the Federation Council and a deputy of the State Duma, including participation in sessions of the Federation Council and the State Duma accordingly, in work of committees and commissions of the Federal Assembly houses, in parliament hearings, introduction of bills to the State Duma, introduction of a parliament inquiry, an inquiry of a member of the Federation Council, a deputy of the State Duma, asking members of the government at a session of a corresponding house of the Federal Assembly of the Russian Federation as well as participation in the special form of a member of the State Duma, working with the electorate (part 1, Article 7). The federal law On Public Associations regulates public relationships, which appear as a result of realization of citizens right to consolidation (Article 10), defines a public association as a voluntary, self-regulated, noncommercial institution, created by citizens, consolidated on the basis of common interests to realize common goals, listed in the charter of the association (Article 5). According to the law, issues which concern interests of public associations in statutory cases are to be settled by state power bodies and local governments, involving corresponding public associations or with their approval (Article 17). A public association has right to participate in working out decisions of state power bodies and local governments according to a procedure, provided by the law, to represent and protect their rights, legal interests of their members and participants as well as other citizens in state power bodies, local governments and public associations, to offer initiatives on different issues of public life, to make offers to state power bodies (Article 27). The federal law On Non-commercial Organizations has provided that to coordinate their entrepreneurial activity as well as represent and protect common property interests commercial organizations may under agreement create joint associations in the form of associations and unions, which are non-commercial organizations (Part 1, Article 11). The federal law On the Public Chamber of the Russian Federation has established that the Public Chamber is to provide interaction between citizens of the Russian Federation, public associations and federal bodies of state power, state power bodies of constituent territories of the Russian Federation and local governments to take into consideration needs and interests of citizens of the Russian Federation, protection of rights and liberties of citizens of the RF and rights of public associations when forming and realizing the state policy in order Концепция правового регулирования лоббисткой деятельности в Российской Федерации 7

4 Chapter I. Lobbyism in the Mirror of the Russian Legislation to exercise public control over the activity of federal executive bodies, executive bodies of the RF constituent territories and local governments as well as to contribute to realization of the state policy in the field of human rights protection in places of imprisonment (Article 1). According to the law, the Public Chamber is to provide agreement of socially important interests of citizens of the Russian Federation, public associations, state power bodies and local governments to solve the most essential issues of economic and social development, national security, protection of rights and liberties of citizens of the Russian Federation, the constitutional order of the Russian Federation and democratic principals of the civil society development in the Russian Federation using the following ways: - attraction of citizens and public associations; - suggestion and support of civil initiatives, which are important for Russia and aimed at realization of constitutional rights, liberties and legal interests of citizens and public associations; - carrying out a public examination (examination) of federal bills and bills of constituent territories of the Russian Federation as well as draft regulations of local governments; - exercising the public control (control) over the activity of the government, federal executive bodies, executive bodies the RF constituent territories and local governments (Article 2). According to the law On Chambers of Commerce and Industry in the Russian Federation, objectives of chambers of commerce and industry include assistance to Russian enterprises and entrepreneurs, representing and protection of their interests on issues, connected with business activity realization, organization of interaction between parties of entrepreneurial activity, their interaction with the government, represented by its bodies as well as social partners (Part 2, Article 3). Chambers of commerce and industry have a right to exercise an independent examination of draft regulations in the field of economics, foreign economic relations as well as on other issues, which concern interests of enterprises and entrepreneurs, represent and protect its members legal interests in state bodies (P. a, b, Part 1, Article 12). The federal law On Procedure of Consideration of Applications of Citizens has guaranteed a right to address personally as well as send private and collective forms of address to state bodies, local governments and officials (Part 1 Article 2), consideration of which is free of charge (Part 3 Article 2). The law has established a procedure of addressing and consideration. Besides, according to the law Концепция правового регулирования лоббисткой деятельности в Российской Федерации 8

5 Chapter I. Lobbyism in the Mirror of the Russian Legislation provisions, reception of citizens in state bodies is to be carried out by their heads and authorized persons (Article 1 Part 13). According to the federal law On State Civil Service of the Russian Federation, the principles of the civil service involve interaction with public associations and citizens (Article 4). The RF President s order On Procedure of Foundation of Public Councils at Federal Ministries, Federal Services and Federal Agencies, activities of which are managed by President of the Russian Federation as well as at federal services and federal agencies, subordinate to these federal ministries has established that at the federal executive bodies mentioned public councils can be founded by heads of the corresponding federal executive bodies at the suggestion of the Council of the Public Chamber of the Russian Federation. The resolution of the RF government On Procedure of Sending Members of the Public Chamber of the Russian Federation to Participate in Sessions of Federal Executive Bodies Boards has established that federal executive bodies must inform in advance the Council of the Public Chamber of the RF about a data, time, a place and an agenda of a particular session. At the instance of the Public Chamber Council when preparing a board s session a federal executive body can send to the Public Chamber of the RF materials on issues, which are going to be submitted for discussion at the board s session (except materials, containing information which is the state secret or any other secret, protected by the federal law). The regulation of the State Duma, adopted by the resolution of State Duma, governs a legislative procedure ( Section 3), establishes a procedure of holding parliamentary hearings (Chapter 6), a procedure of deputies work with the electorate (Chapter 8), a procedure of considering citizens appeals (Chapter 8.1), etc. According to some experts, this document is especially important as domestic deputies are lobbyists in the first place. According to the everyday practice, the existing regulations are not able to provide transparency of lobbyist activity and regulate an access of various public associations and citizens to decisions which are in the field of their direct interest. This situation is the result of underdevelopment of the legislative field and lack of mechanisms to put into effect legislative and subordinate regulatory acts, which have been already adopted. Концепция правового регулирования лоббисткой деятельности в Российской Федерации 9

6 Chapter II. Regulation of lobbyist activity in the world Chapter II. Regulation of lobbyist activity in the world During the research, carried out by the Russian Department of IABC, experts note in the West lobbyism operates within the confines of the law while in Russia lobbyism operates in conditions of the legislative vacuum. However, the current world legal theory and practice of regulation lacks a common perception of lobbyism or lobbyist activity. Apart from 60 American and Canadian federal and regional laws special acts have been adopted in Poland, Lithuania, Georgia, Hungary, Toscana, the Philippines, Peru, etc. However, this statistics does not reflect draft regulations for lobbyists which permanently appear in different countries. Such projects were discussed in Brazil, Kazakhstan, etc. In contrast to Toscana Italy does not admit there is lobbyists activity on the legislative level. In France lobbyist activity is outside the law (Article 23 and 79 of the Rules of Procedure of the National Assembly). In India lobbyist activity is considered to be a form of corruption. When trying to devise and introduce corresponding regulations many countries face a problem of defining a lobbyist, i.e. a problem of a universal term. Very few countries favour formal statutory regulation. Normally less formal practices prevail, such as codes of conduct, etc. Whichever approach is adopted, throwing public light on the relationships between civil society and governmental structures is increasingly regarded considered as a desirable and necessary development in the interest of good governance effective governance. Germany Although Germany does not have a law governing lobbyists there is a provision On Registration of Unions and Their Representatives at Bundestag (with an annex in the form of a Code of Conduct for members of Bundestag). The provision However, currently the world legal theory and practice of statutory regulation lack uniform perception of lobbyism of lobbyist activity implies that President of Bundestag is in charge of the list of unions, listens to unions representatives, if they entered in a register. Representatives of unions can obtain a pass, admitting them to Bundestag buildings. Annually the list of unions is published in the Federal Register. The United States of America The USA has the longest history of formal regulation. However, the Federal Концепция правового регулирования лоббисткой деятельности в Российской Федерации 10

7 Chapter II. Regulation of lobbyist activity in the world Regulation of Lobbying Act of 1946 gave an insufficient definition of lobbyist and it was repealed and replaced by the Lobby Restrictions Act of 1995, in which the definition was widened. The Federal Regulation of Lobbying Act of 1995 has set about twenty definitions, including lobbyist activity as lobbyist contacts and efforts to provide them, among which there is preparation, planning, various researches, etc. to be used during such contacts as well as coordination with lobbyist activity of other people. At that according to the Act, a lobbyist contact is any oral or written message in the name of a client to a covered official on issues of working The US Federal Regulation of Lobbying Act of 1995 has set about twenty definitions, including lobbyist activity as lobbyist contacts and efforts to provide them out, changing or approval of the federal legislation, federal administrative acts, regulations, executive orders and any other programmes, policy and positions of the US government, federal programmes management, contracts, loans, subsides, licenses, appointments, which must be approved by the Senate. Both private persons and legal entities are considered to be parties of lobbyist activity in the USA. A lobbyist is any private person, who is either a client s staff member or a person, employed to lobby in return for payment, providing services, which include at least two lobbying contacts. However, a person who spends less 20% of his/her time on lobbying services provision to the client within 6 months is not considered to be a lobbyist. A lobbying firm is a private person or a legal entity, consisting of one or more employees and acting as lobbyists on behalf a client on condition the firm is not a client. A lobbyist s client is any private person or a legal entity, employing another person in return for payment for lobbying on his/her own behalf. The Federal Regulation of Lobbying Act implies lobbyists duties, including lobbyists registration with the Clerk of the House of Representatives and the Secretary of the Senate within 45 days of being hired or within 45 days of making their first lobbying contact. Semi-annual reports about lobbyist activity must be filed. The law implies a list of issues to be included by lobbyists in their register as well as issues, included in reports. The European Union European countries have a subtle approach to registration of lobbyists and lobbyist activities regulation. The approach concerns voluntary registration to maintain high professional level of members of lobbying corporation and Концепция правового регулирования лоббисткой деятельности в Российской Федерации 11

8 Chapter II. Regulation of lobbyist activity in the world provide lobbyists with an access to information and discussion at the stage of examining work. Such criteria are the focus of the lobbyists association, created recently at the EU, which has worked out the voluntary code on the basis of the EU countries expert estimates. European countries has a subtle approach to registration of lobbyists and lobbyist activities regulation. The approach concerns voluntary registration to maintain high professional level of members of lobbying corporation and provide lobbyists with an access to information and discussion at the stage of examining work The history of lobbyists activity regulation in the EU is a good example of the experience generalization of the countries with old traditions of representative democracy. The history started in 1989, when the corresponding notice of inquiry was submitted to the European Parliament for consideration. Marc Galle MEP and socialist submitted his proposals for a code of conduct and a public register of lobbyists. He defined a lobbyist as a person, acting by the order of 3rd party to protect interests of this party, thus marking out commercial lobbyists. The discussion of Galle s report has driven the European Commission to establish an own, broader approach, based on the self-regulated model of the control over lobbyists activities of various interest groups representatives, including by encouraging self-organization of interest groups At the same time the group of consulting firms, working in Brussels, submitted the project of a code of conduct, based on voluntary self-regulation. The project was approved at the session of the European Parliament in May The offer to make an amendment, which would oblige lobbyist to report on their activities annually, was not approved. The European Parliament also approved the next two reports, offering to introduce a register of lobbyists. According to their authors (MEPs : a member of the socialist fraction Ford (Great Britain) and a liberal Nordmann (France)) approach, the system of incentives for registered lobbyists (obtaining a pass to the European Parliament premises) was added by the requirement to make a declaration of gifts and services, provided to deputies and officials. Deputies were also supposed to undertake to make a declaration as well. The European Parliament devised an innovative strategy to regulation, which was based on self-definition and incentives thus obviating the need to define a lobbyist. Концепция правового регулирования лоббисткой деятельности в Российской Федерации 12

9 Chapter II. Regulation of lobbyist activity in the world Frequent visitors to the European Parliament may obtain a permanent pass to facilitate access to Parliament premises in return for respecting a code of conduct and signing a public register. The process of interests self-organization also concerned lobbyists as well, a part of whom founded the Society of European Affairs Practitioners in May The Society can be entered by lobbyists-practitioners, formally representing various interests, scientists and experts. The Society has approved a code, devised by lobbyists from commercial structures, which is voluntary to follow. The Society s ambitious objective is to discuss in the EU institutions all issues regarding representing interests of lobbyists-practitioners, i.e. to protect professional interests. European Commission In contrast to the European Parliament which has sought to establish a formal regulatory framework for lobbyists, the European Commission has decided to encourage self-regulation. As an initiator of the Community legislation, the Commission looks to interest groups to provide it with experts and specialized information and knowledge particularly in highly technical dossiers. According to the Commission, consulting with such groups is importantz. United Kingdom The UK (as well as Australia and New Zealand) prefers to regulate the lobbied rather than the lobbyists. According to the British legislators, formal regulation may accidentally give lobbyists a special status. In 1996 a Code of Conduct for MPs was devised and approved. The House of Commons found it impossible to arrive a satisfactory definition of Lobbyists. Instead therefore it recommended a greater degree of disclosure by MPs of all outside sources of remuneration, including the provision of services in their capacity a Members of Parliament. The Code was updated in 2002 to include a section which bans Lobbying for reward or consideration. Canada Canada has the Lobbyists Registration Act (the Act was adopted in 1988). The Act emphasizes the system of lobbyists registration. At that registration should not impede an open and free access to the government. The Act makes a distinction between two types of lobbyists: professional and other lobbyists. There is a position of Registrar of Lobbyists, who prepares and reports on lobbyists to each House of parliament. Концепция правового регулирования лоббисткой деятельности в Российской Федерации 13

10 Chapter II. Regulation of lobbyist activity in the world Australia There are no rules or procedures regulating lobbyists in the Australian system. In 1983 the Lobbyists Registration Scheme was introduced, according to which lobbyists were required to apply to register each time they took on a client and to give a short description of the task undertaken. The Registrar then gave them a letter of acceptance to contact ministers and officials about this task. The Scheme was acknowledged to be ineffective with its provisions not often adhered to and rarely enforced. Instead in 1996 a ministerial code of conduct was introduced, which prohibited inter alia ministers from accepting retainers or income from personal exertion other than that laid down as their remuneration as minister and parliamentarians. Israel In the 1990s an attempt was made by individual members of the Israeli parliament (Knesset) to introduce regulation for lobbyists in the Knesset. The legislative initiative inter alia would have given the Speaker of the Knesset significant powers to disqualify lobbyists; would have forbidden lobbying activity in parts of the building; and would have allowed lobbyists entry to the building only if invited by a Member of Knesset. The bill was voted down. Poland According to the Polish law On Lobbyists Activity in the Process of Lawmaking of 2005, lobbyists activity is defined as any action, made legally and aimed at influencing bodies of public authorities in the process of lawmaking (Part 1, Article 2). Professional lobbyists activity is a paid activity of a lobbyist, carried out in the interests of third persons to take into account their interests in the process of lawmaking (Part 2, Article 2). There is a register of professional lobbyists, the content and rules of procedure of which are defined by the law (Article 10). Professional lobbyists activity can be carried out by an entrepreneur or a natural person, who is not an entrepreneur, on the basis of a civil agreement (Part 3, Article 2). Peru The Peruvian law On Regulation of Interests Promotion in the sphere of Public Administration of 2003 has established a procedure of interests promotion in the sphere of public administration to make the government activity more transparent (Article 1). Концепция правового регулирования лоббисткой деятельности в Российской Федерации 14

11 Chapter II. Regulation of lobbyist activity in the world In Peru the law involves registration of lobbyists, whose information is contained in the register and the lobbyists register is kept by a special department on issues of public registers. (Article 11). Концепция правового регулирования лоббисткой деятельности в Российской Федерации 15

12 Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism The attempts mentioned regarding adoption of profile laws failed because at that moment there were not any legal patterns for lobbyists activity to be linked to and to make it legal and transparent. This was caused to a considerable degree by the position of 1st Russia s president B. Yeltsin, who rejected three times the law On Struggle with Corruption, approved by the State Duma, without any sufficient cause. Currently such legal patterns have already appeared partially. The attempts made for regulation of lobbyist activity reflect a desire for defining its frameworks and lay the basis for legal lobbying. The law discussion contributes somehow to making lobbyism an object of the normal statutory regulation by precise definition of an object to be regulated. So, although adoption of a corresponding law could somehow contribute to overcoming the negative perception of lobbyist activity and specify direction to its regulation, it will not solve the problems of control and abridgement of possibilities for pressing the most influencing interest groups. Thus, the top priority of legal regulation in this field, i.e. creation of working mechanisms to maintain a balance of interests due to transparent interaction between their representatives is unsolvable at the current stage of forming the political and legal environment. The scheme was acknowledged to be ineffective with its provisions rarely enforced and it was cancelled The law can only work on condition it is included in the lobbyist practice among legislative regulations, regulating the spheres of the activity, which concern directly an object, regulated by the lobbyist legislation. This concern the legislative regulation of the struggle with corruption, the state service, local government, etc. However, the problem can be solved by creation of alternative mechanisms and opportunities for representation of interests, a multilevel system of functional representation. Another complex problem concerns overcoming the lack of trust in the lobbyist activity, though, according to a number of researches, some methods outside the sphere of legal regulation are acknowledged to be quite effective and acceptable to solve certain problems of everyday life. Концепция правового регулирования лоббисткой деятельности в Российской Федерации 16

13 Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism The conceptual fundamentals introduced are designed to regulate public relationships, connected with interests promotion for commercial organizations and individual entrepreneurs in state power bodies and local governments, the activity of self-regulated organizations, representatives of interests, to fill the existing gap in the legislation, to establish civilized rules for promotion of interests of commercial organizations in regulatory bodies, enhance openness and transparency of interaction between the business and the power, to contribute to decriminalization of this interaction as well as to contribute to realization of the constitutional right of the RF citizens to participate in administration of affairs of the country directly or via their representatives. According to the federal law of the RF On Self-Regulated Organizations, self-regulation is an independent and initiative activity which is carried out by parties of entrepreneurial or professional activity and contains development and establishment of standards and rules for this activity as well as the control over meeting the requirements of these standards and rules. In accordance with this federal law, self-regulation is carried out subject to conditions of uniting parties of entrepreneurial or professional activity into self-regulated organization. Currently SRO of builders, SRO of designers, SRO of prospectors, SRO of valuers, SRO of court-appointed managers, etc are operating in Russia. Lobbyist activity is any action, made by lawful methods and aimed at influencing bodies of public power in the process of lawmaking According to the authors, adoption of the federal law On Self-regulated Organizations was aimed at realization of the unified state policy on protection of interests of parties of entrepreneurial activity and reduction of the government pressure on free market, entrepreneurial and professional relationships. They are planning that due to the consecutive creation of SRO in various fields of entrepreneurial and professional activity, the development of self-consciousness in such organizations, state bodies will be excluded from the sphere of regulation of those commercial relationships, where the presence of regulatory bodies is unnecessary and unwarranted regarding major functions of the state regulation. In accordance with the explanatory note, attached to the Концепция правового регулирования лоббисткой деятельности в Российской Федерации 17

14 Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism corresponding draft federal law, in developed Western economics the process of entrepreneurs concentration in non-commercial organizations, aimed at self-regulation of markets and professional activity was carried out naturally and evolutionally within many tens of years with no special statutory regulation. In modern Russia quite the contrary it is considered to be extremely important to establish legal frameworks for uniting entrepreneurs into selfregulated organizations in order to define precise limits of the government intervention in the process of self-regulation, not to allow federal and regional bodies to take an initiative in SRO creation as it were representation of business interests at these bodies of power. In the law the self-regulation is introduced as a complex thing with a special system of interrelations of economic players with each other and the government, which has the following goals: maintenance of high standards of entrepreneurial activity and business ethics in a branch; creation of alternative mechanisms for settlement of disputes between parties of self-regulation and consumers as well as parties of self-regulation and the government; decrease in the government regulation of activity of self-regulation subjects. Offering self-regulation to lobbyists the IABC research group considers promotion of interests of commercial organization or a private entrepreneur in state power bodies and local governments as oral or written interaction between a representative of interests and an official from a state power body or a local government in accordance with the prescribed order in order to influence the development and adoption of regulations, political, economic, administrative and other decisions by the bodies mentioned in the interests of a commercial organizations or an individual entrepreneur, in behalf of which a representative of interests acts. Representatives of interests are defined as individual entrepreneurs, professionally engaged in promotion of interests of commercial organizations or individual entrepreneurs in state power bodies or local governments Концепция правового регулирования лоббисткой деятельности в Российской Федерации 18

15 Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism and who are members of one of the self-regulated organizations of interests representatives. According to the conception, a representative of interests promotes interests of a commercial organization or an individual entrepreneur on the basis of a written civil agreement, made with this commercial organization or this individual entrepreneur, which must contain an end objective of interests promotion, names of officials of state power bodies or local governments who a representative of interest plans to work with, a size of remuneration of a representative of interests for interests promotion as well as a name of a selfregulated organization of interests representatives, in which a representative of interests participates and an address of this organization. One of the possible options for creation of a basis for development of the corresponding legal field regarding lobbyist processes consists in the launch of a self-regulating mechanism, according to the IABC research group. In accordance with the analysis of the survey results, they devised a variant of the mechanisms for regulating the promotion of interests of commercial organizations and individual entrepreneurs in state power bodies and local governments of the Russian Federation It is necessary to give a detailed description of an interests representative s rights, such as promotion of interests of a commercial organization or an individual entrepreneur in state power bodies and local governments, making contracts on promotion of interests with commercial organizations, individual entrepreneurs as well as associations and trade associations, etc. Besides, a representative of interests has certain obligations, including membership in one of self-regulated organizations of interests representatives, meeting the requirements of the legislation, standards and rules of interests promotion, which are confirmed by a self-regulated organization when promoting interests, follow the rules of business and professional ethics as well as pay contributions, set by a self-regulated organization, etc. The government regulation of the activity on promotion of interests and activity of self regulated organization of interests representatives regarding supervision and statutory regulation must be carried out by a federal executive body, authorized by the RF government, which is to devise the government policy in the sphere of interests promotion, provide statutory regulation of this Концепция правового регулирования лоббисткой деятельности в Российской Федерации 19

16 Chapter III. Conceptual fundamentals for lobbyist activity regulation in Russia: SRO mechanism sphere as well as keep a unified state register of self-regulated organizations of interests representatives and supervise meeting the legislation requirements by self-regulated organizations of interests representatives. It is necessary to pay much attention to a status, functions and membership in self-regulated organizations of interests representatives, which are regarded as non-commercial organizations, included in the unified state register of selfregulated organizations of interests representatives and uniting representatives of interests under the terms of membership. Currently SRO of builders, SRO of designers, SRO of prospectors, SRO of valuers, SRO of court-appointed managers, etc are operating in Russia Each self-regulated organization is to keep a register of its members. The functions of self-regulated organizations of interests representatives include working out and confirming the standards and rules for the activity on interests promotion, rules of business and professional ethics of interests representatives, working out and confirming the rules and conditions for admission as a member and exclusion from a self-regulated organization of interests representatives, the ascertainment of a contribution, the control over its members activity on interests promotion regarding meeting the requirements of the legislation, regulation the activity of interests promotion as well as setting rules of business and professional ethics of interests representatives, keeping a register of members of a self-regulated organization, supplying information from the register to interested persons according to a procedure, established by an authorized federal body, etc. According to the conception, a representative of interests promotes interests of a commercial organization or an individual entrepreneur on the basis of a written civil agreement, made with this commercial organization or this individual entrepreneur, which must contain an end goal of the interests promotion Концепция правового регулирования лоббисткой деятельности в Российской Федерации 20

17 Conclusion Conclusion The modernization policy, announced by the country s authorities, contains not only principles of shifting the accents of the economic development but also a political component. One of the first Dmitry Medvedev s initiatives was the National Plan of Suppression of Corruption. According to the statements of official representatives, the packages of anticorruption laws must include a law On Lobbyism, but neither terms of the law formation nor its content have been known so far. For opponents of the lobbyists activity regulation the foreign experience is a cogent argument. According to the analysis, given in this Conception, in developed countries there are very few examples of legalization of lobbyism and even these examples were mostly realized under reservations. We note many countries do not turn to regulation of lobbyism as they can t find a precise definition to it. However, this is not the result of a low level of the political idea development. In contrast by an imperfect term these countries are afraid of infringing the interests of some social groups, which participate in processes of interests representation In Russia the National Plan mentioned calls upon to develop the law On Lobbyism on the basis of studying the existing mechanism of taking into consideration interests of political parties, social groups, legal entities and natural persons. However, the practice of Russia s legislative process suggests that possible developers of the necessary law will try their best that only ideologically close players could become lobbyists. This contradicts the idea of lobbyism, based on competition between interest groups. Another option is to make a legal domestic lobbyist absolutely independent, i.e. in the process of any interests promotion nothing will actually depend on him/her. According to Russian researches in this field, it is necessary to define mechanisms and procedures of lobbyists possible participation in making decisions by state power bodies. Another urgent issue is responsibility of officials, connected with legalization of lobbyists relationships. Currently it is impossible to define a degree of a state official s participation in a position of an interest group, which was intimated, when making a decision. In this respect in Russia the problem does not concern adoption of the corresponding law. It is necessary to reform the system of taking essential decisions in the filed of interaction between the power and the business. Regulation of lobbyism in this case is some kind of acid test. As we mentioned above participants of lobbyist processes do their best to make their relationships non-transparent. At that according to the results of the researches held, the law is required in the business environment and the power structures. However, there are also opposite views of some experts, for example Концепция правового регулирования лоббисткой деятельности в Российской Федерации 21

18 Conclusion why promote the idea of statutory regulation of lobbyists activity, if there is no party, interested in it? as a result the IABC research group suggests introducing the mechanism of self-regulation for legalization of lobbyist relationships. If the state regulation is impossible for some reasons or it even complicates the issue, it is necessary to give interested parties a possibility to gain the common understanding of the rules for corresponding services provision as well as to develop and introduce mechanisms of control over following these rules. This decision will impact positively the development of legal professional market relationships between representatives of power and business as well as become an important component of the process of Russia s civil society forming In our country introduction of such mechanisms in such a sensitive field of social and economic relationships is a purely political decision, which must be lobbied by interested parties of the market. The issue on readiness of current leader of the shadow lobbyism to be responsible as a SRO is still open. The government regulation of the activity on promotion of interests and activity of self regulated organization of interests representatives regarding supervision and statutory regulation must be carried out by a federal executive body, authorized by the RF government, which is to devise the government policy in the sphere of interest promotion, provide statutory regulation of this sphere Any kind of the lobbyists activity regulation in Russia will not be able to lead in itself to restructuring the complex models of interaction between interests of the power, business and society. However, even positive discussion of such measures contributes to prestige of the parties involved and allows to start the process of defining the frameworks for interests promotion. The functions of self-regulated organizations of interests representatives include working out and confirming the standards and rules for the activity on interests promotion, rules of business and professional ethics of interests representatives, working out and confirming the rules and conditions for admission as a member and exclusion from a self-regulated organization of interests representatives Концепция правового регулирования лоббисткой деятельности в Российской Федерации 22

19 Bibliography The epilogue to the discussion about lobbyism in Torgovo-promishlenniye Vedomosty Skorin, V: Lobbyism in Russia: problems of legislative regulation. Shurovsky, M: Legislative regulation of lobbyist activity in federal bodies of representative power: the USA experience in Business and Politics Avtonomov, A: The roundtable discussion of the bill On Regulation of Lobbyist Activity in Federal Bodies of State Power, The Fund of Parliamentarism in Russia, Moscow (Автономов А.С. Круглый стол по обсуждению законопроекта «О ре гулировании лоббистской деятельности в федеральных органах государ ственной власти» // М., Фонд развития парламентаризма в Рос-сии Problems of legal regulation of lobbyist activity in federal bodies of state power in Dumsky Vestnik Semenenko, I: Interest groups in the West and Russia in Conceptions and Practice, 2001 Chebykin, I: Institutionalization of lobbyist activity: Constitutional and legal aspect in synopsis of the thesis: Lubimov, A: Lobbyism as a constitutional and legal institute Greenwood, J: Representing Interests in the EU E.L.I.R. Newsletter of the ECPR Standing Group on European Level Interest Representation McLauglin A.,.Greenwood J: The Management of Interest Representation in the European Union. Journal of Common Market Studies Reuters, , Цит.по: McLauglin, Greenwood. The Management, E.L.I.R. Newsletter См.E.L.I.R. Newsletter Regulation of Lobbyists in Developed Countries Current Rules and Practices Institute of Public Administration, Ireland Концепция правового регулирования лоббисткой деятельности в Российской Федерации 23

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