Bryzitskyi M. The Legal Mechanism of Lobbying: General Theoretical and Comparative Legal Characteristics

The emergence of lobbying and essential conditions for its formation and functioning are under study; functions of lobbying are determined. Based on the theoretical construction of activity, signs of lobbying are indicated; its concept and structure are specified. The following elements of lobbying are analyzed: its goal, subject, object, sole activity, means, result. The question of the influence of social relations on legal norms as well as the ability of the law to be a means (instrument) for the achievement of certain goals is explored in order to discover the legal nature of lobbying. Based on the analysis of legal doctrine, legal acts, jurisprudence, legal traditions, local regulations, current practices and lobbying traditions in the United States, Canada, the United Kingdom, Ireland and Australia legal mechanism of lobbying in common type legal systems is described. Common traits of the legal mechanism of lobbying in common, continental and European interstate type legal systems are designated. Models, approaches and principles of regulation lobbying activity are characterized. It is alleged that there are no perfect foreign examples to be implemented in Ukraine. The necessity of stimulating the development of lobbying activity by adopting the relevant law is outlined. Proposals as to the contents of the national law on lobbying are formulated.