Political lobbies. The meaning of the word "lobbyism"

LOBBYING AND LOBBYING ACTIVITIES

(theoretical essay)

I. Lobbying groups and their place in the political process. A special place among various interest groups belongs to pressure groups. This term (press groups) first appeared in the United States around the mid-20sXXcentury, and the first studies of the activities of these associations date back to the years. Initially, the characteristics of pressure groups were associated with specific ways in which they performed their functions. Thus, R.-J. Schwarzenberg indicates that they were seen as organizations created to protect interests and put pressure on public authorities in order to achieve decisions that are in line with their interests. The American Encyclopedia defines pressure groups as “a number of individuals attempting to put pressure on the government to achieve their goals.”

When describing the activities of these groups, scientists used different concepts - “potential groups”, “officials”, “lobbies”, “binding interest groups”, “redistribution associations”, etc., highlighted different facets and aspects of their activities. The activities of all these groups not just pressure on power from above, from the side or from below, but a mechanism for hierarchical coordination of decisions, redistribution of power through the conclusion of deals between bureaucracies and a few privileged groups. As emphasizedS. Fire , associations of this kind strive to have a targeted impact on the political process, but do not pretend to direct participation V government, thereby, avoiding any political responsibility for their actions. The peculiarities of the actions of pressure groups include the fact that they are active mainly only in the sphere of making (executive or legislative) decisions.


The activities of pressure groups are often called lobbying (from English. lobby - vestibule, hallways, corridor). In modern political language, this term means a way of resolving certain issues, including political ones, in favor of someone’s interests by influencing legislators, government and other officials; activity social groups defending their political interests. In the Dictionary of the English Language 1553lobby was the name of the walking area in the monastery where the monks discussed theological issues.Ca century later, this was the name for the walking rooms in the House of Commons of the English Parliament. But political significance this word acquired another two centuries later, in 1864, when the term “lobbying” began to mean the purchase of votes of deputies in the US Congress for money. Since 1946, lobbying in this country has been registered and many of its specific areas are under the control of government bodies.

There are many definitions of this phenomenon:

Lobbying - this is a special system and practice of organizing certain groups of society through targeted influence on the legislative and executive authorities.

Lobbying - this is the activity of legal entities and individuals in relation to federal bodies state power in order to influence the latter’s performance of their powers provided for by law.

Lobbying - this is pressure on the authorities, on people making decisions, from outside various kinds groups, or so-called pressure groups.

Lobbying - this is a system of offices and agencies of large monopolies under the legislative bodies of the United States, which, in the interests of these monopolies, exert influence (even bribery) on legislators and government officials in favor of one or another decision when passing laws, placing government orders, etc.; “Lobby” is also the name given to the agents of these offices and agencies.

Lobbying - specific institute political system, which is a mechanism for the influence of private and public organizations of political parties, trade unions, corporations, business unions, etc. (pressure groups) on the decision-making process of the government and parliament. First of all, lobbying refers to budgetary allocations, financial grants, leadership positions in parliamentary committees, etc.

Lobbying - intentionally establishing communications with any official or employee of any executive department on behalf of another party with the intent to influence the adoption of favorable official decisions.

In the public consciousness, the term “lobbying” is reflected in two meanings – neutral-positive and negative. . In the second meaning, it is close to protectionism, bribery, buying votes for someone’s selfish or narrow party interests to the detriment of other interests, primarily public ones. The extreme expression of negative lobbying is illegal pressure on government officials, bribery, corruption, with the help of which decisions are made in the interests of certain groups and individuals. Lobbying in a neutral-positive sense is a normal life phenomenon, an element of the democratic process. It is a form of legitimate influence of a “pressure group” on managerial, including legislative, decisions in order to satisfy the interests of certain social structures and segments of the population. From this point of view, lobbying is a system of argumentation, a mechanism for preparing and adopting socially constructive acts.


Lobbying as a multi-stage phenomenon crowns politician (or group of politicians) proposing or implementing decisions; middleconstitutes a team of thousands of experts, consultants, executors, often these are officials and statesmen, professional lawyers, public opinion specialists, etc.The basis this or that social, political, ethnic and any other group, movement. The state managed to take control of a number of lobbying mechanisms, but the very nature of this social phenomenon excludes the complete possibility of such control. In Russia and some other post-Soviet states, the activities of lobbyists contributed to the growth of shadow forms of power, fueled the corruption of officials, and led to the criminalization of the sphere of political decision-making. In a number of democratic states, pressure groups as a political institution, on the contrary, make public administration more open to the public and strengthen ties with other intermediaries between the population and the government.

Lobbying arose as a specific institution of the political system in the United States to exercise the influence of private and public organizations (pressure groups) on the process of decision-making by public authorities on issues of domestic and international politics. In this country, as in a number of other states, it is streamlined and legally recognized. Permanent representations of lobbyists in Washington and American state capitals are a characteristic feature of US political life. Almost everything large corporations, influential business unions, professional associations, public and various types of special organizations have in their structures special units engaged exclusively in lobbying. Their staff numbers from several dozen to several hundred employees. Propaganda and other types of support for a particular law are not always illegal. In a positive sense, lobbying is characterized as a healthy, vital phenomenon. Lobbying in this regard “is a form of legitimate influence of “pressure groups” on management decisions of government bodies in order to satisfy the interests of certain social structures (organizations, associations, territorial entities, layers of citizens, etc.).”

An example of this type of activity is the so-called “Spooner amendment”, which is considered to be American history“a brilliant achievement of lobbying.” After the bankruptcy of the General Company of Panama Interoceanic Stool in the United States in 1889, it was created New company Panama Canal. The initiative to build this waterway moved to Washington. The American-Spanish War that began soon confirmed the strategic importance of the future canal. In 1900, PresidentW. McKinleyappointed a commission to determine the optimal route for laying the canal. The commission considered the Panamanian and Nicaraguan options and in 1901 decided in favor of Nicaragua. On January 9, 1902, the House of Representatives passed the bill by a vote of 308 to 2.Hepburn,giving the government the authority to negotiate with Nicaragua and allocating $108 million for the construction of the canal. However, on January 28, SenatorSpoonerAn amendment to the bill was introduced in the Senate of Congress, which turned out to be an “amendment in lieu”, since it ordered the construction of a canal through the territory of Panama. In June, it was adopted under intense pressure from financial circles by a vote of 42 to 34. Panama was at that time part of Colombia, whose parliament refused to ratify the canal treaty. The US government supported the Panamanian separatists; in December 1901, Panama was proclaimed an independent republic, and two weeks later Washington entered into an agreement with it on the construction of a canal. It cost the United States $387 million, but helped to double the country's naval power, since Washington, if necessary, had the opportunity to “relocate” its fleet from the Pacific to the Atlantic and back. The economic benefit to the United States was enormous.


Despite the widespread and often terminologically inaccurate use of the concept of “lobbying,” one can nevertheless try to outline some strict boundaries of lobbying as a social phenomenon:

A) Lobbying is associated only with government decision-making. Decisions made by individuals, organizations or corporations may be influenced by certain interest groups, but this is not lobbying;

b) all types of lobbying are motivated by the desire to exert influence . Many actions or events can influence government decision-making, but if they are not driven by a desire to exert pressure, then it is not lobbying;

V) lobbying implies the presence of an intermediary or a representative as a liaison between a group of national citizens and government officials. A citizen who, of his own free will and using the means available to him, seeks to influence a government official cannot be considered a lobbyist;

G) all lobbying invariably involves establishing contacts to convey messages, since this is the only way through which influence can be exercised. In a broad sense, any lobbying is the establishment of contacts and the transmission of messages addressed to government officials with the intention of influencing their decisions by persons acting on their own behalf;

e) although most lobbyists represent special interest groups, lobbying cannot be identified with the activities and behavior of such groups in general . First, not only groups, but also individuals can lobby. Second, interest groups may or may not engage in many other forms of activity in addition to lobbying. Thirdly, groups or individuals can find a way to directly represent their interests in government, without intermediary lobbyists.

II. Functions of lobbying. The main functions of lobbying are:

- mediation between society and state . Lobbyists represent the interests of certain population groups before government authorities. In achieving their, most often economic, goals, lobbyists realize the diverse interests of the majority of the population. For example, if a lobbyist represents the interests of large industry, then, having achieved investment, he will provide workers of these enterprises with work and wages;

- replacement of political representation . Lobbyists in many cases represent interest groups, replacing their official representatives in government structures (deputies of legislative bodies, elected representatives of executive bodies);

- structuring pluralism public opinion . Lobbyists, realizing the interests of certain social groups, minimize the radicalism of the positions of political parties in their struggle for power;

- information function . The media are an important means and channel for lobbying; they are widely used in lobbying activities (informing general public about some facts from the life of politicians, publication of materials in favor of this or that legislative act, etc.);

- formulation of current problems . Lobbyists, achieving their goals, raise before the public and government agencies issues related to the solution of certain social problems. For example, when video cassettes became widespread in the United States, it was lobbyists who raised with legislators the issue of illegal, “pirated” copying of them.

III. Lobbying and power. In its social existence, lobbying is always strictly connected with political power. A pattern can be drawn: there is more of it where power is most real. The most powerful “pressure groups” are the actual power, not just influencing, but controlling finances, personnel, the press, and the decision-making process. This is their difference from formal power - political institutions and policy makers in their traditional understanding - as decision makers who only represent and voice (at best, personify) power, performing formal acts of discussion, agreement and approval of already decisions made, providing legal consolidation and legitimation of the decisions of the actual authorities.

Even presidents who formally depend on voters, and not on lobbying clans, often can do little without coordinating their intentions with the leaders of the groups, whose proteges they, in fact, are. Only in transitional societies, where traditional pressure groups have been destroyed or weakened, and new ones have not yet emerged, is the role of an individual “self-sufficient” person relatively independent and the influence of his charisma is noticeable. Lobbying, therefore, is not just the articulation (representation) of the interests of certain groups (social, political, economic) in the structures of power, but the process of bringing formal power into line with actual power.

As world experience shows, the formation and functioning of civilized lobbying presupposes the implementation of several important conditions:

- legalization of lobbying activities and the creation of a system of legal support for lobbying activities;

- implementation of constant state and public control lobbying structures and regulation of their functioning, which includes their mandatory registration, licensing, tax control, a system of sanctions for violation of legal norms, etc.;

-recognition by the state and society of two immutable circumstances: a) the institution of lobbying can work effectively for the benefit of society; b) lobbying in one form or another has already been integrated into the country’s political system, so efforts must be made to give it a civilized form;

- a condition for the formation and functioning of civilized lobbying is high professionalism those who are involved in this activity. This is a very complex activity that requires a lot of professional knowledge and special qualities - the ability to convince, prove one’s rightness, the ability to find the right system of arguments, freely navigate the relevant legal acts, etc.;

- widespread information about the activities of lobbying structures, which allows us to improve the work of the entire institution of lobbying and eradicate any forms of “wild lobbying.” Publicity in this regard should have a two-level nature: firstly, all information about the activities of lobbying organizations should be provided, including information about their general financial situation and the amounts spent on the implementation of individual projects; secondly, information about those government bodies and institutions that use the services of lobbying structures should become public knowledge.

Depending on how the goals of lobbying are achieved, it can be divided into law-making (acts of applying the law) and interpretive law (acts of interpreting the law). Depending on the nature of the interest, political, social, economic, financial, legal and other lobbying can be distinguished. Depending on the duration of action, there is “one-time” and permanent lobbying. Depending on the level of manifestation, lobbying can be federal, local, departmental, or regional. The activity of lobbyists is manifested in supplying legislators and government bodies with information, statistical materials, analytical notes containing justification for the relationship of a particular organization to a particular socially significant project, for presentations before commissions of government bodies. Practice, however, shows that the activities of lobbyists also include such methods of influence as providing legislators with ready-made texts of bills for submission to legislative bodies, organizing “mass” telegrams addressed to members of Congress, establishing personal contacts with members of the legislative and executive branches on the sidelines of Congress and etc.

A unique type of lobbying activity in recent decades has become foreign lobbying, the essence of which is that foreign governments, businessmen and various private organizations are allowed to exercise influence on US government bodies through non-diplomatic methods. Foreign lobbying is used to obtain American military, economic and political assistance.

IV. Pros and cons of lobbying. Pros:

1. Influencing management decisions, lobbying forces government and administrative bodies to “be in shape”; in a certain sense, it competes with them. Gives them greater dynamics and flexibility. Under conditions of separation of powers, each branch of government can use one or another lobby in its own interests.

2. Lobbying acts as a tool of self-organization civil society, through which public support or opposition to a bill is mobilized and influences policy. Lobbying in this situation is a kind of rival to the bureaucracy.

3. Lobbying creates opportunities to ensure the interests of the minority, because it acts as a specific form of manifestation of political pluralism. In a detailed study of power in American society, the focus is not on the majority, but on the minority - lobbies, pressure groups, groups representing regional interests, heads of corporations and trade unions, heads of commissions conducting investigations, etc.

4. Lobbying embodies the principle of freedom of social non-state structures. With the help of lobbying, they themselves try to solve their problems, having a certain choice of ways and means of such a solution.

5. This means is used as a kind of socio-political stimulation aimed at accelerating the implementation of certain goals. With this approach, lobbying acts as a way to activate certain processes or initiate certain activities.

6. Lobbying allows you to expand the information and organizational base of decisions made, stimulate responses to the most “flagrant” problems; lobbying in such cases acts as a system of argumentation, a mechanism for preparing and adopting relevant acts.

7. Lobbying can be considered as an instrument of interaction between the representative and executive authorities, where the mutual assistance of ministerial lobbyists and parliamentary committees is beneficial to the cause, it is devoid of selfish motives and fits perfectly within the framework of normal political life.

8. Lobbying can also be assessed as a broader means of achieving compromises, a way of mutual balancing and reconciliation of diverse interests. It is generally accepted that lobbying groups, which sometimes defend diametrically opposed interests, contribute to maintaining a kind of balance of various forces and achieving consensus when making management decisions, since the core of lobbying is mutually beneficial cooperation.

Minuses:

1. Lobbying can become a tool for the priority satisfaction of foreign interests, that is, it can be implemented as an “unpatriotic” means.

2. Lobbying sometimes acts as a conductor of improper influence (pressure) on government bodies; here we can talk about its criminal types, which undermine the foundation of power.

3. Lobbying is fraught with a considerable danger of “eroding” the democratic foundations of society, turning democratic institutions into a powerful instrument of individual power groups.

4. Can serve as a factor in the development and protection of departmentalism, localism, nationalism, and strengthen extreme forms of satisfying the interests of special institutions. For example, the vigorous attack by distillery directors on the Russian government, which resulted in an excise tax on alcoholic drinks was reduced from 90% to 85%.

5. Lobbying activities in certain conditions act as a manifestation of social injustice. As the social practice of some Western countries shows, the result of lobbying by big business is incomparably higher than that of other groups and structures. Such a situation, repeated constantly, can destabilize the situation, imbalance interests, and contribute to increased socio-political tension.

6. Lobbying often blocks what is really needed government decisions, obstacles arise to the satisfaction of socially significant interests that contribute to the implementation of the interests of the bureaucracy.

7. Lobbying sometimes significantly interferes with stable and operational public policy, because it can be aimed, for example, at constant redistribution of the budget, “pulling the blanket over oneself,” at frequent changes of priorities, at strengthening the position of one of the branches of government while simultaneously weakening the other, etc.

8. Lobbying can be used as a tool to enrich certain layers and elites.

In order for lobbying to benefit the entire society, appropriate conditions are necessary: ​​the real functioning of democratic institutions and norms, economic and political stability, freedom of the media, a stable civil society, etc.

V. Problems of legalizing lobbying in Russian Federation. Market reform and privatization in Russia led to the emergence of business groups that immediately began lobbying for their interests. It is known, for example, that in the first 8 months of 1992 alone, the central authorities of Russia adopted more than 60 resolutions and issued orders providing for various kinds of privileges and tax exemptions for various business associations and public organizations, as a result of which the treasury lost several hundred billion rubles .

In mid-May 1993, a international Conference“Lobbying and its place in social and political life” , the survey of participants allowed two conclusions to be drawn. Firstly, What Various types of lobbying have already formed in Russia , among which legislative and executive lobbying stood out. The country's business circles already understood that it was necessary to form a political lobby in Federal Assembly of the Russian Federation, which would protect freedom of private property, business and trade in its legislative structures. Concerning lobbying in executive bodies, then, according to the majority of respondents (65%), this is where it manifested itself to the greatest extent. In fact, lobbying determined the content of many presidential decrees and government regulations, which played a dominant role in the system legal regulation and had a direct effect. “Today lobbying , - wrote at the time A. Lugovskaya, - permeates all power structures from top to bottom. Uncontrolled by anyone or anything, arrogant and wild, he became the real power in Russia.”

Private business, changing the structure of the economy, also changed the forms of lobbying for their projects in the authorities, leading them to sophisticated crimes and direct bribery. “The most powerful lobbyists, - it was noted in the press at that time, - This is trade and financial capital. The scope of his interests is clear: maximum liberalization of foreign economic activity, demolition of protectionist barriers to the import of imported goods into Russia, privatization of currency-intensive industries (oil and raw materials in general), the introduction of private ownership of land.” The conditions of denationalization, privatization, and redistribution of property intensified the “negative” and criminal sides of lobbying activities, bringing to the forefront all those who had the opportunity and wanted, using power and criminal schemes, to cut off the “sweetest” pieces from the once common “state pie.”. One of the senior American diplomats in Moscow noted in this regard: “Russia, despite all the troubles, remains a superpower, if only because super-lobbyism flourishes here. Where else can you so calmly, without fear of moral condemnation from the public or a harsh court decision, divide colossal pieces of statehood in your own interests?”

If we talk about real Russian lobbying, then Over the past decade and a half, not only lobbying techniques have changed, but also the places where they are used. Until the fall of 1993 – the time of dispersal of the Supreme Council, - lobbying could be done in three “clearings”: in the presidential administration, government and parliament. Moreover, in parliament, lobbyists practiced not so much in legislative initiatives, but in extracting very practical benefits and preferences, since:

a) The Supreme Council, in addition to legislative ones, also had important administrative functions and was a fairly powerful “economic entity”;

b) despite the enormous opportunities for lobbying in the legislative field (almost all laws had to be written anew or radically redone), lobbyists did not yet know how to effectively use this tool (we are not talking about regulations, which were one of the main objects for lobbying efforts );

c) The Supreme Council was an overly ideological body, and the majority of deputies were carried away by political “games” to the detriment of solving “specific” economic and business problems and issues.

Lobbyists during this period mostly “traveled” in the corridors of executive power. Given the huge holes in the legislation, the opportunities to resolve issues on an individual basis were enormous. Subsidies received on the basis of individual decrees, government regulations and orders, at some point crossed all conceivable and inconceivable boundaries . In the spring of 1995, the liberal wing of the government succeeded in issuing a special decree prohibiting the issuance of any financial resources not included in the budget. However, the 1996 presidential campaign buried this anti-lobbying initiative. During his campaign trips, President Yeltsin generously showered in advances, sometimes signing decrees literally on the back of the then Minister of Finance. Since 1994, the country's budget has become the document of the main lobbying demand. Discussions of tax laws and laws on supporting certain sectors of the economy - beekeeping, reindeer husbandry - also generated active lobbying activity. etc.

Secondly, the majority of conference participants surveyed (62%) believed that the country Conditions have already been created for the development of civilized, legal lobbying. However, they were unfortunately wrong. “Wild” Russian lobbying really needed streamlining and legal registration, so as not to cause untold damage to the country. The state and society had to jointly participate in establishing mechanisms for transforming the negative aspects of lobbying into positive ones. They needed to use the civilized principles of lobbying to force market reforms. This could be done with the help of a special law on lobbying, which would help streamline lobbying activities in the country. In July 1994, the Chamber of Commerce and Industry of Russia held a “ round table”, at which the draft law “On the regulation of lobbying activities in federal government bodies” was discussed. In February 1995, the Russian Parliamentarism Development Foundation organized and held a round table dedicated to the institutionalization of lobbying. In particular, a bill on regulating lobbying activities in the Russian Federation was discussed.

The subject of legal regulation, according to the bill, is the procedure for creating lobbying structures, their registration, and reporting to authorities was established. Accordingly, only individuals and legal entities registered as such were recognized as lobbyists, that is, the bill did not apply to lobbyists in general, but only to those who, in the prescribed manner, received a license to engage in lobbying activities. Deputies, officials, and civil servants were prohibited from acting as official lobbyists. Of course, no one and nothing could prohibit a deputy from defending the interests of certain parties, social groups, or associations of citizens, because each deputy, by his status, was simply obliged to lobby the interests of his voters.

However, acting as a lobbyist (as defined in the bill), entering into business, commercial relations with the state, replacing the function of the legislator with the function of a businessman or his representative, would be unacceptable for the state. In fact, this could mean an open sale of the state treasury. It is obvious that wide circles of the public, including civilized business, were objectively interested in the adoption of this bill. but those who preferred to build their relationships with the state and lobbyists in the old way - secretly and selfishly - turned out to be stronger. That is, the matter did not go beyond conversations and discussions. And to this day, lobbying in our country, while actually flourishing, is nevertheless not legalized.

With the coming to power and greater structuring of power, society and business, the establishment of a certain power and legal order, the entrepreneurial class was faced with the problem of defending its interests in a new way, collaborating with state authorities . In particular, During this period, there was an “influx” of businessmen into the country’s legislative bodies, first into regional parliaments, State Duma, and then to the renewed Federation Council (more than a quarter of senators and deputies of the State Duma come from business structures). Business is actively being introduced into the executive branch, so far in the regions: Abramovich(Sibneft) - in Chukotka, Khloponin(Interros) – Krasnoyarsk region, Zolotarev(YUKOS) - in Evenkia, Shtyrov(ALROSA) – in Yakutia, Darkin(Far Eastern business - in Primorye).

The adoption of any single, albeit the most modern “civilized” law on lobbying activities is unlikely to be able to eliminate corruption in the corridors of Russian power. Mechanisms for control over this activity should be built into all adopted legislative acts regulating the functioning of the institutions of the political system. The “fourth estate” – the free press – can and should play a key role in the “cultivation” of lobbying in Russia. The point is that it is necessary to widely familiarize citizens with the activities of group interests, and regularly cover the progress and results of contacts between government officials and these groups. Lobbying is a companion to democracy, so no society that wishes to develop along a democratic path will be able to escape it. For Russia, this means that as the norms and principles of democracy are woven into social practice, lobbying will gradually turn into a necessary socio-political institution of a democratic society.

Lobbying– activities of public and political groups, commercial organizations, as well as individuals to put pressure on deputies and representatives of government bodies in order to adopt legislative acts beneficial to these groups, organizations and individuals (lobbyists).

The job of lobbyists is to defend the interests of individual subjects in the government apparatus using various methods.

Lobbying methods

  • Speeches at hearings of parliamentary committees, participation in discussions of bills;
  • Own development of draft regulations;
  • Personal meetings, negotiations and written contacts with officials and employees of various branches of government;
  • Election campaign financing;
  • Conducting sociological research, processing it and disseminating the results obtained;
  • Organization of mass letters from voters to deputies and officials;
  • Introducing “insiders” into government bodies;
  • Bribery of officials.

Origin story

The concept of “lobbying” comes from the word lobby (English), which means “sideline”, “foyer”.

Political scientists are convinced that lobbying existed in England already in the 17th century. In those days, members of parliament went out into the corridor after the meeting, where they were met by interested parties.

In a more modern political sense, lobbying appeared in America in the late 1920s. During these years, President W. Grant was in power, and he loved to relax with his team of assistants in the lobby of the Willard Hotel. Businessmen and all kinds of petitioners quickly learned about this and began to come to the hotel to communicate with the ruling elite in a relaxed atmosphere. Entrepreneurs tried to gain legislative support from government officials by talking about problems in their activities and proposing their own ways to solve them. Naturally, such support was provided for a certain amount money from businessmen.

Initially, this American practice of “buying” laws was condemned by other countries, but in the 20th century the term “lobbying” was borrowed by most developed countries.

Gradually, there were more and more such petitioners (lobbyists), so they began to unite into groups depending on their interests.

In 1946, a law was passed in the United States that recognized lobbying as a type of activity and required a certain procedure for registering professional lobbyists with the Secretary of the Senate. Lobbyists are now required to submit reports under oath to the relevant authorities four times a year on all cash received and spent for lobbying purposes. With all this, the law strictly prohibited open bribery of authorized persons of the state apparatus.

In 1979, lobbying in America finally emerged as a political institution. This was confirmed by the creation in 1979 of the American League of Lobbyists, which exists to this day. Its goal was public recognition of the lobbying profession and promotion of the League's importance in the legislative process.

In the same 1979, lobbying unofficially appeared in the EEC - the European Economic Community, which since 1994 has been called. This was due to the formation of large groups of entrepreneurs, such as the European Round Table of Industrialists, the European Enterprise Group, and the Industry Committee of the European Union. It was these organizations that were powerful lobbying structures that promoted their own interests at the European level through their representatives in the governing bodies of the EEC.

Officially, the issue of lobbying activities in the European Economic Community was raised in 1989 by a representative of Denmark. The result of consideration of this issue was the adoption in 1997 of the Code of Conduct for Lobbyists, which is still in force.

In addition to this document, EU members must adhere to a number of official recommendations regarding lobbying activities. These recommendations are aimed at ensuring that EU lobbying regulation systems are not overly restrictive.

Thus, in most foreign countries there is a clear tendency to legitimize and streamline lobbying activities at the legislative level.

Types of lobbying

Depending on the branch of government (direction of activity):

  • Legislative;
  • Executive;
  • Judicial.

Depending on the methods used:

  • Legal– does not involve violations of legislative acts;
  • Illegal– in violation of the law (most often we are talking about corruption).

By objects of influence:

  • Governmental development by executive authorities of bills submitted for consideration to legislative bodies;
  • Parliamentary adoption of laws that satisfy the interests of a certain group of people.

By impact goals:

  • Economic– putting pressure on authorities to adopt certain legislative acts and economic measures;
  • Social– exerting pressure on the decision-making process by officials to satisfy the social interests of certain groups of people;
  • Sociocultural– putting pressure on officials to adopt legislation that meets the social and cultural needs of certain groups of people.

Depending on the level of power:

  • Federal– lobbying is carried out in the system of supreme government bodies;
  • Local- lobbying is carried out in the authorities of the constituent entities of the country.

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Political lobbying

Political lobbying

a concept to denote a professional form of activity designed to provide the desired political solution. Unlike other forms of political pressure, political lobbying is legal professional look social activities(in the USA it has existed in this capacity since 1946; in other countries it is considered something reprehensible, like a form of corruption). Political lobbying is not just a behind-the-scenes intrigue among politicians, but a system of argumentation, a mechanism for preparing and making decisions that realize the interests of lobbying groups (see: “Political pressure”). Therefore, political lobbying is a non-partisan, civilized and legally regulated way of influencing and putting pressure on the forces and interests of civil society on the state apparatus. IN modern Russia a latent lobbying management vertical has emerged. Traditionally, in Russia this includes spheres and industries or export-oriented ones (as the most developed and united ones). These are the military-industrial complex, fuel and energy complex, agro-industrial complex, mining and ore processing industry, financial and banking capital, machine-building complex, transport, communications and communications, army. The range of interests of influence groups is extremely wide. These include: the adoption of preferential taxation, making the necessary changes to the budget, preferential opportunities for corporatization and privatization; the introduction of protectionist customs taxation, co-optation of their representatives into the government and representative bodies, work with the media, PR technologies.

Domanov V.G.


Political science. Dictionary. - M: RSU. V.N. Konovalov. 2010.


Political science. Dictionary. - RSU. V.N. Konovalov. 2010.

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Books

Lobbying as a political phenomenon. Technologies of political lobbying.

Interest groups have existed throughout human history. The Lobby is the promenade area in a monastery, and then the promenade areas in the House of Commons in England. In 1864, with the start of buying votes in the corridors of the US Congress, the term “lobbying” began to acquire a political and legal meaning, but such a practice was long considered reprehensible. Lobbying became established in the political life of other Western countries only in the 20th century.

Lobbying is a system of techniques and practice of realizing the interests of various groups of citizens by influencing public authorities. Lobbying refers to a highly qualified activity that has political meaning and legal justification and is an integral element of a democratic system. Originated in the USA (where a special law on lobbying was adopted in 1946); now exists in most democratic countries. Lobbyists often have their own offices in legislative bodies.

Lobbying goals varied. However, even in countries with rich democratic traditions, lobbying primarily pursues socio-economic goals related to resolving issues of property and rights to dispose of it; granting rights to conduct specific activities (export of raw materials, production of weapons, etc.); government order; quotas, licenses; subsidies, loans; energy tariffs; economic and tax benefits; financing of social programs.

Lobbying is divided into formal (regulated by law and divorced from corruption) and informal.

The following groups of lobbyists can be distinguished:

1.Political lobbyists- financial, economic and social groups that achieve the necessary influence through participation in political struggle and election campaigns.

2. To social lobbyists belong first of all unions. Their lobbying potential is directly proportional to the economic importance of the industry they represent. For example, oil workers, miners, air traffic controllers, compared to workers in the social sphere, science, and education, have much greater opportunities to lobby their interests. The influence of trade unions can increase sharply due to the strike potential. Social lobbyists can also include public organizations and associations(veteran, women's, youth, environmental organizations). In Russia, their potential is limited. However, in developed countries, where such groups rely on an extensive network of voluntary organizations, they have significant lobbying capabilities.

3.For economic lobbyists The most effective levers of pressure on government decision-making processes are economic measures. This category includes financial and industrial groups, corporations and industry companies that have an export-import structure that is an absolute monopolist in its product sales sector; own financial and banking structure; facilities mass media; representatives in the upper executive echelons of government; representatives in parliament or in political movements. An example of such an entity in the Russian Federation is the Gazprom concern, which has close ties with politicians, extensive trade contacts with the West, its own banks, and “its own” deputies in the State Duma.

4.Regional lobbyists seek to obtain certain benefits and advantages for their territories. In this regard, representatives of the Moscow lobby are the most active. Lobbying the interests of one region to the detriment of the interests of other regions of Russia, and the country as a whole, inevitably leads to negative consequences.

5.Foreign lobbyists- these are influential foreign “pressure groups”, national communities. Thus, in the United States, a significant place in the political structure of the country is occupied by the Jewish, Polish, and Arab lobbies. All of them are trying to influence decision-making that expresses the interests of their diasporas and countries.

Methods of lobbying activities.

Through the mobilization of public opinion (the use of mass actions, the organization of mass appeals to the authorities and companies in the media, as well as trials);

Use of election campaigns (personal participation in elections or nomination of “your” candidates, financing of election campaigns);

The use of formal contacts (development of draft legal acts and organization of their discussions, consulting government officials and examination of decisions made, providing information, participation in the work of government bodies);

Using informal contacts (organizing and holding conferences, round tables, using personal connections, organizing informal meetings);

Shadow lobbying– one of the technologies of lobbying, which involves the promotion of interests using illegal methods and/or methods in violation of ethical norms and rules.

In this context, illegal methods mean various ways of using gaps in legislation, manipulating regulatory procedures, etc. (secretly changing the lines of a document that had already been agreed upon earlier, manipulating the voting system in the Federation Council, etc.). In such cases, the lobbyist tries to achieve the decision he needs in government bodies without flagrantly violating current legislation.

Advantages and disadvantages of lobbying. The problem of legal regulation of lobbying.

L is an ambiguous phenomenon, having its own advantages and disadvantages.

Advantages:

Giving government bodies greater flexibility and dynamics by influencing government decisions.

A tool for influencing government by civil society. Promoting the development of democratic traditions; implementation of the constitutional rights of citizens to participate in the management of public affairs. Mobilizing public support or opposition to bills.

Promoting the preservation of balance in society, finding common ground to achieve compromises between various lobbying subjects.

Lobbyists draw government attention to pressing issues

Allows government bodies to more fully represent the real-life interests of various groups of society; under constant pressure from these groups, the authorities are forced to adjust their policies taking into account the real-life group interests.

Lobby activities allow government authorities to more accurately determine their policy priorities

By providing information and advisory services to authorities, L contributes to a significant improvement in the quality of decisions made.

Civilized L is one of the most important institutions of modern democracy, which promotes the self-organization of civil society.

Flaws:

L acts as an intermediary of non-legal influence on public authorities (corruption)

Because The possibilities of influencing government bodies are not the same for different “interest groups” => lobbying activities of more influential groups lead to an imbalance of interests in their favor, which causes discontent among other groups and increased social tension

Too strong positions of the lobby in the structure of government bodies can significantly complicate the work of the latter and call into question the objectivity and fairness of decisions made

Growing social tension due to the higher effectiveness of lobbying by economic entities compared to other interest groups.

The ability to block important decisions being made, opposing the selfish interests of one’s clients to the interests of society.

A danger to the democratic foundations of society, the transformation of democratic institutions into a powerful instrument of influence of certain interest groups.

Subjective interpretation of information supplied to government agencies.

Different countries use different mechanisms for regulating lobbying activities:

USA: since 1946, the Federal Law on the regulation of drugs has been in force in Congress, according to which legal and individuals Those participating in lobbying activities are given the right to register with the Senate and the House of Representatives. A lobbyist must have a mandatory legal education, experience working in federal government agencies, and take an oath regarding client information, terms of employment, amount of remuneration, amount and purpose of funds spent. Lobbyists are required to submit quarterly detailed reports on funds received and spent for specified purposes; about persons to whom any amounts were paid; as well as the titles of all articles with materials in support of or against bills published at the initiative of the lobbyist.

Russia: The Constitution of the Russian Federation enshrines provisions that serve as the basis for the recognition and regulation of lobbying in Russia. “Everyone has the right to association, including the right to create trade unions to protect their interests. Freedom of activity of public associations is guaranteed.” The article does not specify the forms of unions. However, the provision on the freedom of their activities can be supplemented with clause 2 of Art. 45, which talks about the right of every citizen to defend their rights and freedoms by all means not prohibited by law. Thus, the Constitution of the Russian Federation, among others, indirectly allows lobbying forms of protecting interests.

Despite sufficient constitutional grounds, Russia does not yet have regulations regulating lobbying activities. Since L is an inevitable phenomenon, it is better that it be legal, officially recognized by law, than shadow criminal structures. The very fact of institutionalization of L means that society agrees with its existence, while taking it under its control.

Lobby (as a subject of influence) - a variety of established non-state actors (lobbyists) purposefully putting pressure on a government body in order to achieve adoption that is beneficial for themselves political decision.

To form a lobby means to organize a sustainable institutional influence (lobbying campaign) on the authorities through the consolidation of lobbyists to achieve specific political results Professional Dictionary of Lobbying Activities (compiled by P.A. Tolstykh) // Center for the Study of Problems of Interaction between Business and Government. - M., 2009-2011. P. 345..

The term "lobby" is of English origin, although in English language it comes from medieval Latin. As early as the 16th century, the word was used to refer to passages or covered galleries in monasteries.

Etymologically, the word "lobby" comes from the Latin "lobia". A century later, the word “lobby” began to refer to the promenade area in the House of Commons of England. The transition of a purely ecclesiastical word into secular-parliamentary use is connected with the fact that during the formation English Parliament in the 13th century, its meetings were held irregularly, in different rooms and even cities. In the Middle Ages, it was common to hold many social events and celebrations in the church building. It is worth paying attention to the fact that today’s location of the English parliament is called Westminster, which can be translated as “Western monastery church.” Professional Dictionary of Lobbying Activities (compiled by P.A. Tolstykh) // Center for the Study of Problems of Interaction between Business and Government. - M., 2009-2011. P. 346..

The term acquires a political connotation in late XVIII century in the United States of America. The First Amendment to the US Constitution, which declares the right of US citizens to “peaceably assemble and petition the Government for a redress of grievances,” first laid the foundation for the development of the phenomenon through a system of legal norms. Already in 1808, the word “lobby” was first recorded in the minutes of the tenth US Congress. And from about the middle of the 19th century, “lobby” and its derivatives became one of the most used in the American political lexicon. It was at this time that it began to be understood as a place where interested parties could convey their positions to members of the House of Representatives and senators. According to the rules, they were prohibited from entering the meeting room. It was precisely because the “petitioners” could not get beyond the halls and reception areas that they were called lobbyists. Most often, such a place was the hallway of the lower floor of the Albany State Capitol building. In this place, representatives of public circles and organizations had the opportunity to meet and influence government officials.

But there are other opinions. Thus, in some Russian and foreign sources, the spread of the term “lobby” is associated with the lobby of the Willard Hotel (Willard InterContinental Washington) in Washington. Parliamentarians who came to the session at the turn of the 18th and 19th centuries stayed in this hotel. It was in the lobby of this hotel that lobbyists could convey their opinion regarding the adoption of this or that law.

Almost at the same time, the professionalization of the phenomenon occurs. During the presidency of W.S. Grant (1869-1877), a general who gained fame during civil war in the United States in 1861 - 1865, a special institute of professional intermediaries emerged, who began to take on the task of lobbying the interests of interest groups.

The earliest recorded case of foreign lobbying is believed to be the Russian government's hiring of an American ex-senator in the 19th century to lobby for the US government's purchase of Alaska.

There is another interpretation of the term: Lobby (close to the concept of “lobby”) is an unofficial place of consultation regarding political decisions that are to be made officially in the future Political Science: A Textbook for University Students / Ed. V.Yu. Belsky, A.I. Satsuta. - M.: UNITY-DANA, 2009. P. 115..

Interest groups (pressure) and lobbies. An interest group, in order to achieve specific results for its members, without formally becoming a pressure group, and thus without independently carrying out active actions, can turn to professional intermediaries who, having certain skills, will ensure the adoption of the necessary legislative and administrative decisions. In this case, professional mediators become effective tools for interest groups to achieve their goals in the political process. It is worth noting that in countries with a developed system of representation of interests, the term professional intermediary most often refers to a professional lobbying firm - commercial organization, which provides services on a paid basis to represent the interests of the customer in government bodies. In the USA, Canada, Australia, Poland, the European Union and a number of other countries, the activities of lobbying firms are regulated by law: there is strict reporting on the firm’s clients and counterparties, amounts spent on political influence, etc.

J. McConnell, characterizing pressure groups in the United States, directly connects their active role and effectiveness with professional lobbyists: a pressure group, he writes, defending certain material, social, spiritual and other interests, uses the help of paid agents hired to influence legislators and officials Professional dictionary of lobbying activities (compiled by P.A. Tolstykh) // Center for the Study of Problems of Interaction between Business and Government. - M., 2009-2011. S. 350..

N.G Zyablyuk, studying the activity of interest groups in the USA, clearly defines that “an interested group, having become a pressure group, can simultaneously be a lobbyist proper if it carries out pressure itself, but may not be one if the functions of implementation are transferred to other groups Zyablyuk N .G., USA: lobbying and politics. - M.: Mysl, 1976. P. 237..

Thus, the following chain is built: interested group - pressure group - lobbying organization."

Developing Zyabluk's thesis, it is necessary to answer the question: what is the relationship between the terms pressure group and lobby, lobbyist? As noted above, the subjects of pressure groups are any organizational group that influences government bodies in the interests of its members. Lobby should be understood as a variety of established non-state actors (lobbyists) purposefully putting pressure on a government body in order to achieve a political decision that is beneficial to them. Expanding the composition of participants in lobbying activities to subjects of pressure groups deprives the word of its inherent specificity, making it possible to use it when describing any interaction in which one of the parties is a representative of a government agency.

Russian scientist Aleksey Avtonomov, discussing the subjective boundaries of lobbying, proposes not to confuse the concepts and clearly define the term lobbying as “the action of representatives of non-governmental organizations during contacts with representatives of state bodies and local governments in order to achieve the adoption of decisions by authorities in accordance with the interests of special groups expressed by these organizations” Avtonomov A.S., The ABC of Lobbying. - M.: Human Rights, 2004. P. 178.. The scientist believes it is wrong to include “party factions”, “deputy groups”, government officials, etc. among lobbyists.

Thus, in this context, the term “pressure group” should be understood as a broader political phenomenon than the term “lobby”. A lobby is only part of a pressure group, with lobby-specific subjects. To form a lobby means to organize a sustainable institutional influence on the government through the consolidation of lobbyists to achieve specific political results.

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