Yarovoi T. Public administration of the lobbying system in Ukraine in the interests of the citizen, society, security of the state

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100123

Applicant for

Specialization

  • 25.00.01 - Теорія і історія державного управління
  • 25.00.05 - Державне управління у сфері державної безпеки та охорони громадського порядку

05-02-2021

Specialized Academic Board

Д 26.142.04

Private Joint-Stock Company "Higher Educational Institution" Interregional Academy of Personnel Management "

Essay

The dissertation is devoted to theoretical and methodological substantiation of provisions and development of scientific and practical recommendations on formation of institutional bases of functioning of institute of lobbying in system of public administration of Ukraine, as modern innovative mechanism of realization of interests of citizens and society, maintenance of state safety. The study, based on the analysis of current legislation, theory and practice of public administration, political science and law of a number of foreign countries, formulated a set of scientific and practical conclusions and proposals for institutionalization and further improvement of lobbying in Ukraine. The essence, characteristics and author’s definitions of such concepts as «lobbyism», «lobbying», «lobbying activity», «subject of lobbying», «object of lobbying», «discreteness in the field of public administration» are established in the work. The relevance of a differentiated approach to the definitions of «lobbying», «lobbying» and «lobbying», their perception as having different meanings, although they are undoubtedly interrelated, is substantiated. A draft concept of formation and development of the lobbying system in Ukraine, aimed at creating a domestic institution of civilized lobbying, focused not only on meeting the needs of individual customers of lobbying services, but also on the interests of the state in the context of state security, protection of rights and legitimate interests of Ukrainian citizens. It is proposed to create a powerful regulator of lobbying – the National Council for Lobbying Regulation (NCLR) – a constitutional, permanent collegial central body of executive power, which operates to ensure the national security of Ukraine in the process of registration and supervision of lobbying, including – by forecasting and evaluating the sources, goals of lobbying, and the nature of the challenges, risks, and threats that lobbying may pose. The relevance of the use of Open source intelligence (OSINT) as a tool for control and supervision of NCLR is proved and the author’s definition of OSINT is proposed. Considerable attention is paid to the improving such moments as: the conceptual apparatus and system of classification of manifestations of lobbying, types of lobbying, methods of lobbying; the existing scientific approaches to ensuring state and national security in the context of lobbying; previously proposed legislative initiatives (in particular, by developing a bill «On Lobbying», which defines the legal and organizational framework for lobbying in Ukraine, its purpose and organizational framework); possible ways to ensure the national security of the state by identifying threats and risks at an early stage; existing scientific views on national interests and the process of their formation in terms of national security; scientific approaches to the issue of approximation of foreign experience in lobbying regulation, which should contribute to the introduction of an effective institution of lobbying regulation in Ukraine; characteristics of the current state of lobbying in Ukraine. A systematic analysis of the existing technologies of shadow lobbying of the legislative, executive and judicial branches of government in Ukraine has been carried out. The analysis of lobbying functions made it possible to notice trends in shifting the goals of this activity. While at the dawn of lobbying these goals were fully covered by such functions as the function of mediation between citizens and the state, the information function and the function of organizing pluralism of public interests, in the process of forming civil society in developed countries and developing telecommunications technologies and the compromise function. The genesis of lobbying processes in Ukraine has been studied, which allows us to speak about the existence of domestic historical traditions of lobbying, which, however, are not effective in a modern democratic state. After all, the preconditions for the formation of the institution of lobbying in Ukraine are related to the processes that took place when the Ukrainian lands became part of the Russian Empire, and the mechanisms of lobbying in the nineteenth century are different from those of today. A significant lobbying event in the history of Ukraine was the proclamation of Pavlo Skoropadsky as Hetman of Ukraine, which took place on April 29, 1918. This coup can undoubtedly be considered an example of radical lobbying from by more than 6,000 «authorized representatives» who formally represented the interests of 7–8 million peasants-landowners from 9 provinces of Ukraine. Lobbying in the USSR had an interdepartmental and regional character, its mechanism was conditioned by the legalization of normative legal acts of executive bodies with laws both at the all-Union level and at the level of the republic.

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