ON THE ISSUE OF LEGISLATIVE REGULATION OF LOBBYING IN KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_20Keywords:
lobbying, lobbying activity, lobbyist, public dialogue, lobbying servicesAbstract
The article is devoted to the study of the preconditions and prospects for legislative regulation of lobbying in the Republic of Kazakhstan. Through the prism of the implementation of the concept of the “hearing state”, lobbying is seen as a tool for establishing a constructive dialogue between society and the state apparatus.
To describe the history of the issue, it points to the failed attempt to legislate lobbying, which was made more than a decade ago. At the same time, the need for an effective system for promoting interests led to the creation of various structures and organizations. A vivid example, according to the author, is the activities of the National Chamber of Entrepreneurs of the Republic of Kazakhstan. Other examples are given in the work, demonstrating the actual existence of lobbying without legislative consolidation. Based on the analysis, the author comes to the conclusion that the current model of taking into account public opinion and promoting public interests is insufficiently effective and chaotic.
In order to determine the prospects for the legal regulation of lobbying in Kazakhstan, a comparative legal analysis of foreign legislation was carried out. In particular, the experience of the United States of America, the United Kingdom and the European Union is considered. As a result of the analysis, the most general trends in the legislative regulation of lobbying activities have been identified. At the same time, the existence of various approaches to the regulation of lobbying is noted, from the most stringent, observed in the United States, to relatively soft in the EU countries.
Based on the results of the analysis, the author made an attempt to determine the main approaches to the regulation of lobbying in Kazakhstan. In addition, the possible positive consequences of the legislative consolidation of lobbying are described. Among them, the possibility of overcoming the crisis of expertise in the development and promotion of normative legal acts is indicated.