КОРУПЦІЯ ТА ЛОБІЮВАННЯ: АСПЕКТИ РОЗМЕЖУВАННЯ

The article is devoted to the aspects of distinguishing between corruption and lobbying as social phenomena. We pointed out that corruption and lobbying are often combined in the public consciousness. Although both phenomena aim to achieve a favourable outcome for the subject of law, both practices remain different in jurisprudence.

It is argued that corruption is a primary factor in undermining the economic system, which should be understood as the use by a person of their official powers or related capabilities to obtain wrongful interference to induce that person to misuse their official powers or with their opportunities. Lobbying is the organization of a group of like-minded people, industries or organizations to influence an authoritative body or legislator, often through financial contributions.

The features of the distinction between lobbying and corruption are highlighted: legality (legalization) / illegality of an act – lobbying is a way to find a legal influence on a governing entity that is acceptable under current state legislation, and corruption as a political and legal phenomenon is always illegal; used to gain influence (funds received by individuals or the state budget), the degree of openness of the rules of the act; the subjects to whom the act is addressed in lobbying are usually persons who have rule-making powers); degree of problem-solving (corruption – temporary, lobbying comprehensively solves a social problem).

We stated that lobbying is supported as part of participatory democracy. Stronger democracies have effective and strong checks and balances, and voters can monitor what is happening at the political level. By grouping individual goals, lobbyists represent the interests of many and are more likely to be heard by the legislature than if they represented the opinion of a single voter. As the number of tasks and issues required by the legislature is constantly growing, the population needs to lobby to put the important issue first. This is also positive for the authorities, as it provides them with public support for their decisions.