Lobbying is the process of influencing public authorities in the interests of individuals or groups in order to make or reject certain decisions. The emergence of lobbying is due to the need to express and defend the interests of corporate entities in government bodies.
The term "lobby" came to English from medieval Latin and originally meant a covered promenade, a corridor. Since 1553, this was the name of the walking area in the monastery, a century later - a room for walking in the House of Commons in England. The transition of a purely ecclesiastical word into secular parliamentary use is due to the fact that during the formation of the English parliament in the 13th century, its meetings were held irregularly, in different rooms and even cities. In the Middle Ages, it was common practice to organize many social events and celebrations in the church building.
The term takes on a political connotation at the end of the 18th century in the United States of America. The first amendment to the US Constitution, which declares the right of US citizens to “peacefully assemble and petition the government to redress their complaints,” for the first time laid the foundation for the development of this 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 since about the middle of the 19th century, the "lobby" and its derivatives have become one of the most used in American political vocabulary. It was at this time that it began to be understood as a place where interested persons could convey their position to members of the House of Representatives and senators. According to the rules, they were not allowed to enter the meeting room. Precisely because the "supplicants" could not go beyond the halls and receptions, they were called lobbyists. In this place, representatives of public circles and organizations were given the opportunity to meet and influence government officials.
But there are other opinions as well. For example, some Russian and foreign sources associate the spread of the term “lobby” with the lobby of the Willard Hotel in Washington. Parliamentarians who came to the session at the turn of the 18th - 19th centuries stayed in this hotel. It was in the lobby of this hotel that lobbyists could convey their opinion on the adoption of a particular law.
Practically at the same time, the professionalization of this phenomenon is taking place. During the presidency of the U.S. Grant (1869-1877), a general who gained fame during civil war in the United States in 1861 - 1865, a special institution of professional mediators emerged, who began to take on the task of lobbying the interests of interest groups.
Today, lobbying is the most widespread form of influence of interest groups on the authorities everywhere. A group of interests should be understood as such a social group, between whose members there are stable ties, identity, a community of perceived needs and goals, for the sake of which it seeks to influence the processes of developing and implementing state policy without directly exercising power. There are groups based on well-defined economic interests. They establish mutually beneficial relationships with the government.
Thus, lobbying is any attempt by a group or individuals to influence a decision-making body government controlled... Attempts can be direct - calling on decision makers, both in the executive and legislative branches of government, or indirect (for example, an attempt to influence public opinion). May consist of oral and written persuasion efforts, contributions, campaigns, PR campaigns, research submitted to legislature committees, and formal testimony prior to such committees. A lobbyist can be a member of a group of people united by a common interest, a professional wishing to represent the interests of any group, or an individual. In the United States, the Federal Lobbying Standards Act (1946) requires lobbyists and the groups they represent to register and report funds received and expenditures. However, there is no consensus on the effectiveness of registration as a control mechanism. The completeness and accuracy of the official reports of the lobbyists are difficult to verify. There is a point of view that the registration of a lobby is clearly not enough for its effective regulation.
According to Western researchers, the peculiarities of lobbying activities include the use of lobbying as a tool for self-organization of civil society, with the help of which public support or opposition to any draft law is provided, direct or indirect influence on the adoption of politically significant decisions is exercised. Lobbying allows you to represent and defend public and group interests in government bodies, it is also a way of mutual coordination of various interests.
When analyzing the nature of the relationship between the authorities and business and society in the tsarist pre-revolutionary Russia one can come to the conclusion that lobbying in Russia has quite definite roots. At the turn of the 19th and 20th centuries, a number of institutions can be distinguished through which the interaction of power and society was carried out. The main ones are trade congresses, business unions, advisory organizations (councils), stock exchanges. By this time, a mechanism for interaction between business and the state had developed in Russia. The process of promoting business interests was regulated, and these interests were taken into account when making government decisions. Even in the poem by Nikolai Alekseevich Nekrasov "Reflections at the front door" (1858) there are hints at a certain mechanism of interaction between the authorities and the people, which was operating at that time and which is akin to modern lobbying. Here are a couple of lines from this poem:
Here is the main entrance. On solemn days, Obsessed with a servile affliction, The whole city with some kind of fright Drives up to the cherished doors; …… ..
Until the 80s of the XX century, it was customary to believe that there is no lobby, lobbyism, lobbying relations in our country and cannot be. These words themselves were considered vulgar and even abusive. However, in reality, lobbyism existed during all the years of the existence of Soviet power. This is evidenced by the emergence of such a term as "pusher", which meant a person who was responsible for relations with the administration, the solution of the most sensitive issues. The needs of planning, defining national goals and allocating priorities unwittingly pushed the system to create rather powerful lobbying structures both in the government and in the CPSU Central Committee and the Politburo itself, just the forms and methods of lobbying party and other interests were very veiled. It was from that time that "three sources, three components" of today's Russian lobbying emerged: military-industrial, fuel and energy, and agro-industrial.
The emergence of modern lobbying in Russia falls on the 1990s. and is connected with the process of formation of interest groups, where non-collective ones began to play a special role, i.e. pressure groups not based on a voluntary association of citizens (financial and industrial groups, concerns, banks, joint stock companies). More for economic than political reasons, new lobbying structures began to form. The formation of non-state forms of ownership has created an economic basis for the emergence of lobbying of economic interests and individual social groups.
The active lobbying activity of interest groups in Russia is determined by the fact that the state - the object of pressure - still has a number of instruments of influence. The state remains a large owner, whose assets are represented by blocks of shares in joint-stock companies fixed in federal ownership, shares of the constituent entities of the Federation acquired in economic organizations and at enterprises created voluntarily on a legislative basis. The state is the largest owner primarily in the field of natural resources, real estate, and the results of intellectual activity. Government bodies at different levels have a monopoly on the distribution of budget allocations, which gives rise to lobbying.
The objects of lobbying in Russia are: the Administration of the President of the Russian Federation, both chambers of the Federal Assembly and their deputies, the Government of the Russian Federation, federal executive bodies, legislative (representative) bodies and administrations of the constituent entities of the Russian Federation, etc. The most significant object of lobbying activity is the State Duma of the Federal Assembly of the Russian Federation.
Characterizing the modern practice of lobbying interests in Russia, one should first of all note its predominantly informal nature, due to the underdevelopment of the channels of interconnection between society and power, the lack of legal regulation of this type of activity in the country, and the weakness of the institutional system. Distinctive features of Russian lobbying are: the influence of the "personal" factor in the decision-making process, the informal or behind-the-scenes nature of most agreements.
The methods used by the lobbyists vary depending on the nature of the issue, on who supports the project or is in opposition, on the state of public opinion. The most common methods include: personal contacts with decision-makers, mobilizing influential groups of voters, promoting their position by sending out written materials, etc.
To succeed in policymaking, lobbyists have created and are using pinpoint pressure. Already influencing the decision-making process, lobbyists are trying to win over to their side and those in power.
Lobbying in Russia can act as a mechanism of extra-legal influence on state authorities, an instrument for realizing the interests of certain pressure groups that are not aligned with national interests and goals of state policy. Lobbying often blocks the necessary management decisions, hindering the implementation of socially significant projects, and often serves as a way to enrich certain social groups.
Speaking about trends in the field of lobbying, it should be noted that interest groups have increasingly begun to include methods of economic and information pressure in their practice.
The tendency to institutionalize the representation of business interests in politics is also characteristic. It is confirmed by: regular meetings of the President of Russia and the Prime Minister of the Russian Federation with representatives of the business community; participation of businessmen in advisory and advisory bodies under the Government of the Russian Federation and the Presidential Administration, chambers of the Federal Assembly, governors; participation of representatives of the business community in various forums, conferences and round tables, their speeches on topical issues in the media. The basis of informal interaction is meetings at the informal level of representatives of business structures with representatives authorities and management.
In Russia, lobbying is considered a type of corruption. Work on a bill that would regulate public relations in the field of relations between the authorities and society began in the 1990s in the depths of the Supreme Soviet Russian Federation... However, there is still no special federal legislation regulating this activity.
As a result, according to the International Association of Business Communicators, lobbying in Russia is uncivilized, in other words, it boils down to bribes, kickbacks and corruption. And at the federal level, instead of direct monetary incentives, government officials are increasingly asking for a position or share in a business.
Russian legislation contains separate norms and provisions regulating the initial lobbying principles and the mutual participation of the subjects of lobbying legal relations, but this is no longer enough today. We need special federal laws, federal departmental acts, regulatory legal acts of the constituent entities of the Russian Federation, which would regulate the relationship between business, society and government more fully.
LOBBYING AND LOBBYING
(theoretical outline)
I. Lobbyist 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-1920sXXcentury, and the first studies of the activities of these associations refer to years. Initially, the characteristics of pressure groups were associated with specific ways of performing their functions. R.-J. Schwarzenberg indicates that they were seen as organizations created to defend the interests and put pressure on public authorities in order to achieve the adoption of such decisions that were in their interests. The Encyclopedia of America defines pressure groups as "a number of individuals trying to put pressure on the government to achieve their goals."
Describing the activities of these groups, scientists operated with different concepts - “Potential groups”, “officials”, “lobbies”, “compulsory interest groups”, “redistributive associations”, etc., highlighted different facets and aspects of their activities. Activities of all these groups – not just pressure on the authorities from above, from the side or from below, but a mechanism of hierarchical coordination of decisions, the redistribution of power through the conclusion of deals between bureaucracies and a few privileged groups. As emphasizesS. Fire , associations of this kind seek to have a purposeful impact on the political process, but at the same time do not claim to be directly involved in governing the state , thereby, avoiding any political responsibility for their actions. The peculiarities of the actions of pressure groups can be attributed to 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 the English. lobby - lobby, lobby, corridor). In modern political language, this term means a way of solving certain issues, including political ones, in favor of someone's interests by influencing legislators, government and other officials; activities of social groups defending their political interests. In the English dictionary of 1553lobby was the name of the walking area in the monastery, where the monks discussed theological issues.Ca decade later, this was the name for the promenade in the House of Commons of the Parliament of England. But this word acquired its political meaning two centuries later, in 1864, when the term “lobbying ”began to mean the purchase for money of votes of deputies in the US Congress. Since 1946, lobbying in this country has been registered and many of its specific areas are under the control of state 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 of state power with the aim of influencing the performance by the latter of their powers provided for by law.
Lobbying - This is pressure on the authorities, on decision-makers, from various groups, or so-called pressure groups.
Lobbying - This is a system of offices and agencies of large monopolies under the US legislative bodies, which, in the interests of these monopolies, exert influence (up to bribery) on legislators and government officials in favor of one or another decision when passing laws, placing government orders, etc.; Agents of these offices and agencies are also called “lobbies”.
Lobbying - a specific institution of the political system, which is a mechanism for the influence of private and public organizations political parties, trade unions, corporations, business unions, etc. (pressure groups) on the decision-making process by the government, parliament. First of all, lobbying refers to budget allocations, financial subsidies, leadership positions in parliamentary committees, etc.
Lobbying - deliberately establishing relationships with any official or employee of any executive department on behalf of the other party with the intention of influencing the adoption of beneficial official decisions.
In the public mind, the term "lobbyism" is reflected in two meanings - neutral-positive and negative . In the second sense, it is close to protectionism, bribery, bribery of votes in 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, through 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 the "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, lobbyism is a system of argumentation, a mechanism for preparing and adopting socially constructive acts.
Lobbying as a multistage phenomenon crowns politician (or group of politicians) proposing or implementing solutions; the middlemakes up a detachment of thousands of experts, consultants, performers, often officials and statesmen, professional lawyers, experts in public opinion, etc.The foundation – one or another 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 full 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, fed 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 government more open to the public, strengthen ties with other mediators between the population and the government.
Lobbying emerged as a specific institution of the political system in the United States for the implementation of the influence of private and public organizations (pressure groups) on the process of decision-making by public authorities on problems of domestic and international politics. In this country, as in a number of other states, it is ordered and legally recognized. Lobbyists' permanent missions in Washington DC and the capitals of the American states - feature political life of the United States. Almost all large corporations, influential business unions, professional associations, public and various kinds of special organizations have special units in their structures that are exclusively engaged in lobbying. Their staff numbers from several dozen to several hundred employees. Campaigning and other kinds 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 managerial decisions of state bodies in order to satisfy the interests of certain social structures (organizations, associations, territorial entities, strata of citizens, etc.)”.
An example of this kind of activity is the so-called "Spooner Amendment", which is considered in American history "a brilliant achievement of lobbying." Following bankruptcy in 1889, the General Company of Panamanian Interoceanic Feces in the United States was established New company Panama Canal. The initiative for the construction of this waterway passed to Washington. The outbreak of the American-Spanish war soon confirmed the strategic importance of the future channel. In 1900, the presidentW. McKinleyappointed a commission to determine the optimal route for laying the canal. The Commission considered the Panamanian and Nicaraguan options and in 1901 spoke out in favor of Nicaragua. On January 9, 1902, the House of Representatives of Congress, by 308 votes to 2, passed the BillHepburn,which empowered the government to negotiate with Nicaragua and allocated $ 108 million for the construction of the canal. However, on January 28, SenatorSpooneran amendment to the bill was made to the Senate of Congress, which turned out to be “an amendment in return”, since it ordered the construction of a canal through the territory of Panama. In June, it was adopted under strong financial pressure by 42 votes to 34. Panama was then part of Colombia, whose parliament refused to ratify the canal treaty. The US government supported the Panamanian separatists, in December 1901 Panama was declared an independent republic, and two weeks later Washington signed an agreement with it to build a canal. It cost the United States $ 387 million, but helped double the country's naval power, since Washington, if necessary, was able to “relocate” its fleet from the Pacific to the Atlantic and back. The economic benefit to the United States was enormous.
Despite the wide and often terminologically imprecise use of the term “lobbyism”, one can nevertheless try to outline some strict boundaries of lobbying as a social phenomenon:
but) lobbying is only related to government decision-making. Decisions made by individuals, organizations or corporations may be influenced by certain interest groups, but this is not lobbyism;
b) all types of lobbying are motivated by the desire to influence ... Many actions or events can influence the government decision-making process, but if they are not motivated by a desire to exert pressure, then this is not lobbying;
in) lobbying involves an intermediary or a representative as a liaison between a group of citizens of a country 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;
d) all lobbying is invariably connected with establishing contacts for the transmission of messages, since this is the only way in which influence can be exercised. In a broad sense, any lobbying is the establishment of contacts and the transmission of messages addressed to representatives of the authorities 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 equated with the activities and behavior of such groups in general ... First, not only groups but also individuals can lobby. Second, groups with a common interest may or may not be involved in many other activities in addition to lobbying. Third, groups or individuals can find a way to directly represent their interests in government, without intermediary lobbyists.
II... Lobbying functions... The main functions of lobbying are:
- mediation between society and state ... Lobbyists represent the interests of certain groups of the population before government bodies. In pursuing their own, most often economic goals, lobbyists realize the various interests of the majority of the population. For example, if a lobbyist represents the interests of a large industry, then, having achieved investment, he will provide the workers of these enterprises with work and wages;
- substitution of political representation ... Lobbyists in many cases represent interest groups, replacing their official representatives in the structures of power (deputies of the legislative bodies of power, elected representatives of the executive bodies of power);
- structuring pluralism of 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 of lobbying, they are widely used in lobbying activities (informing the general public about some facts from the life of politicians, publishing materials in favor of a particular legislative act, etc.);
- posing urgent problems ... Lobbyists, in pursuit of their goals, pose questions to the public and government bodies related to the solution of certain social problems. For example, when videotapes were widely disseminated in the United States, it was the lobbyists who raised the issue of illegal, “pirated” copying of them before the legislators.
III... Lobbying and power. In its social existence, lobbying is always tightly connected with political power... You can deduce a pattern: 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, press, decision-making process. This is their difference from formal power - political institutions and policy makers in their traditional understanding - as decision-makers, only representing and voicing (at best, personifying) the power, making formal acts of discussion, approval and endorsement of decisions already made, ensuring legal consolidation, legitimization of the decisions of the actual government.
Even presidents who formally depend on voters, rather than on lobbying clans, often can do little without coordinating their intentions with the leaders of the groups, of which they are, in fact, they are. Only in transitional societies, where traditional pressure groups have been destroyed or weakened, and new ones have not yet formed, is the role of a separate “self-sufficient” personality relatively independent and the influence of its charisma is noticeable. Lobbying is thus not just articulation (representation) of the interests of certain groups (social, political, economic) in the structures of power, but the process of bringing formal power in line with actual power.
As world experience shows, the formation and functioning of civilized lobbyism presupposes the implementation of several important conditions:
- legalization of lobbying activities and 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 effectively work for the benefit of society; b) lobbyism in one form or another has already been built into the political system of the country, therefore, efforts must be made to give it a civilized form;
- the condition for the formation and functioning of civilized lobbying is high professionalism those who are engaged in this activity. This is a very complex type of activity that requires great professional knowledge and special qualities - the ability to convince, prove one’s innocence, the ability to find the necessary system of arguments, freely navigate the relevant legal acts, etc .;
- broad information about the activities of lobbying structures, which makes it possible to improve the work of the entire institution of lobbyism and to eradicate any forms of “wild lobbying”. In this regard, publicity should be of a two-level nature: firstly, all information on the activities of lobbying organizations should be provided, including information on their general financial situation and the amounts spent on the implementation of individual projects; secondly, information about those state 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 subdivided into law-making (acts of application of law) and interpretive law (acts of interpretation of law). Depending on the nature of the interest, political, social, economic, financial, legal and other lobbying can be distinguished. Depending on the duration of the action, there are “one-off” and constant lobbying. Depending on the level of manifestation, lobbyism can be federal, local, departmental, regional. The activity of lobbyists is manifested in the supply of legislators and government bodies with information, statistical materials, analytical notes containing the rationale for the relationship of an organization to a particular socially significant project, for speaking before the 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 to members of Congress, establishing personal contacts with members of the legislative and executive branches on the sidelines of the Congress, and etc.
In recent decades, a kind of lobbying activity has become foreign lobbying, the essence of which is that foreign governments, businessmen and various private organizations are allowed to exercise influence on the US government by non-diplomatic methods. Foreign lobbying is used to obtain American military, economic, and political aid.
IV... Pros and cons of lobbying. Pros:
1. Influencing managerial decisions, lobbyism makes the bodies of state power and administration “be in shape”, in a certain sense, competes, competes with them. Gives them great dynamics and flexibility. In the conditions of separation of powers, each of the branches of government can use this or that lobby in its own interests.
2. Lobbyism acts as an instrument of self-organization of civil society, with the help of which public support or opposition to any draft law is mobilized, and it exerts influence on politics. Lobbying in this situation is a kind of rival to the bureaucracy.
3. Lobbyism creates opportunities for securing 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, corporate and trade union leaders, heads of commissions conducting investigations, etc.
4. Lobbyism 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 tool is used as a kind of socio-political stimulation aimed at accelerating the implementation of certain goals. With this approach, lobbyism acts as a way to activate certain processes or initiate certain events.
6. Lobbying allows you to expand the information and organizational base of decisions, stimulate responses to the most “screaming” problems, lobbying in such cases acts as a system of argumentation, a mechanism for preparing and adopting appropriate acts.
7. Lobbyism can be viewed as an instrument of interaction between representative and executive authorities, where mutual assistance of ministerial lobbyists and deputy committees is beneficial to the cause, it is devoid of selfish motives and fits well into the framework of normal political life.
8. Lobbyism can also be assessed as a broader means of achieving compromises, a way of mutual balancing and reconciliation of various interests. It is generally recognized that lobbying groups, which sometimes defend diametrically opposed interests, help maintain a kind of balance of different forces and achieve consensus in making managerial decisions, since the pivot of lobbying is mutually beneficial cooperation.
Minuses:
1. Lobbyism can become an instrument of priority satisfaction of foreign interests, that is, it can be realized as an “unpatriotic” means.
2. Lobbyism sometimes acts as a conduit for the wrong influence (pressure) on state bodies, here we can talk about its criminal types, which undermine the foundation of power.
3. Lobbyism is fraught with a considerable danger of “erosion” of the foundations of the people of power in society, the transformation of democratic institutions into a powerful instrument of individual power groups.
4. It can serve as a factor in the development and protection of departmentalism, parochialism, nationalism, and enhance the extreme forms of meeting the interests of special institutions. For example, a vigorous attack by distillery directors on the Russian government, as a result of which the excise tax on alcoholic beverages 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, which repeats itself constantly, is capable of destabilizing the situation, imbalancing interests, and contributing to an increase in socio-political tension.
6. Lobbying often blocks really necessary government decisions, there are obstacles to the satisfaction of socially significant interests, contributing to the implementation of the interests of the bureaucracy.
7. Lobbying sometimes significantly interferes with a stable and efficient state policy, because it can be aimed, for example, at a constant redistribution of the budget, “pulling the blanket over ourselves”, at frequent changes in priorities, at strengthening the positions of one of the branches of government while weakening the other, etc. .d.
8. Lobbying can be used as a tool for enriching individual strata, elites.
For lobbying to benefit the entire society, appropriate conditions are necessary: real action of democratic institutions and norms, economic and political stability, freedom of the media, a stable civil society, etc.
V. Problems of legalizing lobbying in the Russian Federation.Market reforms and privatization in Russia led to the emergence of entrepreneurial 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 privileges and exemptions from taxes for various business associations and public organizations, as a result of which the treasury lost several hundred billion rubles. ...
In mid-May 1993, an international conference "Lobbying and its place in social and political life" was held in Moscow , the survey of the participants of which made it possible to make two conclusions. Firstly, what in Russia have already formed different kinds lobbying 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 the Federal Assembly of the Russian Federation, which would protect the freedom of private property, business and trade in legislative structures. Concerning lobbying in executive bodies, then, in the opinion of the majority of respondents (65%), it was here that it manifested itself to the greatest extent. In fact, lobbying determined the content of many presidential decrees and government decisions, which played a dominant role in the system of legal regulation and had a direct effect. “Today lobbying , - wrote at that time A. Lugovskaya, - permeates all structures of power from top to bottom. Nobody and nothing controlled, impudent and wild, he became real power in Russia ”.
Private business, changing the structure of the economy, also changed the forms of lobbying for their projects in the authorities, bringing them to sophisticated crimes and outright bribery. “The strongest lobbyists, - noted at this time in the press, - it is trade and financial capital. The sphere of his interests is clear: maximum liberalization of foreign economic activity, breaking down protectionist barriers to the import of imported goods into Russia, privatization of the currency-intensive industry (oil and raw materials in general), introduction of private ownership of land. " The conditions of denationalization, privatization, redistribution of property intensified the “negative” and criminal aspects of lobbying activities, bringing to the fore all those who had the opportunity and wanted, using the power and criminal schemes, to cut off the “sweet” pieces from the once common “state pie”... A senior American diplomat in Moscow noted in this regard: “Russia, in spite of all the troubles, remains a superpower, if only because super lobbying is flourishing here. Where else can you so calmly, without fear of any moral condemnation of society, or a harsh court decision, divide colossal pieces of statehood in your interests? "
If we talk about real Russian lobbying, then over the past fifteen years, not only lobbying techniques have changed, but also the places of their application. Until the fall of 1993 - the time of the dispersal of the Supreme Soviet, - it was possible to lobby in three “glades”: in the presidential administration, government and parliament. Moreover, in parliament, lobbyists practiced not so much in legislative initiatives, as in knocking out completely practical benefits and preferences, since:
a) the Supreme Soviet, in addition to legislative, also had important administrative functions and was a rather powerful "economic entity";
b) despite the enormous opportunities for lobbying in the legislative field (almost all laws had to be written anew or radically altered), lobbyists still did not know how to effectively use this tool (we are not talking about resolutions, which were one of the main objects for the application of lobbying efforts );
c) The Supreme Soviet was an overly ideological body, and most of the deputies were carried away by political “games” to the detriment of solving “specific” economic and economic problems and issues.
Lobbyists during this period for the most part "hunted" in the corridors of the executive branch. In the conditions of huge holes in the legislation, the opportunities to resolve issues on an individual basis were colossal. Subsidies received on the basis of individual decrees, government decrees and orders, at some point crossed all conceivable and inconceivable boundaries ... In the spring of 1995, the liberal wing in the government obtained a special decree prohibiting the issuance of any funds not foreseen in the budget. However, the 1996 presidential campaign buried this anti-lobbying initiative. During his campaign trips, President Yeltsin generously poured advances, sometimes signing decrees literally on the back of the then Minister of Finance. Since 1994, the country's budget has become a document of the main lobbying demand. Discussions of tax laws, laws on support of certain sectors of the economy - beekeeping, reindeer husbandry, also provoked active lobbying. etc.
Secondly, the majority of the surveyed conference participants (62%) believed that in the country conditions for the development of civilized, legal lobbying have already been formed. Unfortunately, however, they were wrong. “Wild” Russian lobbyism really needed to be streamlined, legalized, so as not to cause incalculable damage to the country. The state and society had to jointly participate in establishing mechanisms for transforming negative aspects of lobbying into positive ones. They needed to use civilized principles of lobbying to force market reforms. This could have been done through a special lobbying law that would help streamline lobbying in the country. In July 1994, the Russian Chamber of Commerce and Industry 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 Foundation for the Development of Parliamentarism of Russia organized and held a round table on the institutionalization of lobbying. In particular, a draft law on the regulation of lobbying activities in the Russian Federation was discussed.
The subject of legal regulation, according to the bill, the procedure for the creation of lobbying structures, their registration, reporting to the authorities was becoming. 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 accordance with the established procedure, received a license for the right to engage in lobbying activities. Deputies, officials, civil servants were prohibited from acting as official lobbyists. Of course, no one and nothing could forbid a deputy to protect the interests of certain parties, social groups, associations of citizens, because each deputy, according to his status, was simply obliged to lobby the interests of his voters.
However, it would be unacceptable for the state to act as a lobbyist (in the definition that was given in the draft law), to enter into business, commercial relations with the state, replacing the function of the legislator with the function of a merchant or his representative. 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, things did not go further than conversations and discussions. And until now, lobbying in our country, actually flourishing, nevertheless, is not legalized.
Since coming to power and the greater structuring of power, society and business, the establishment of a certain power and legal order, the entrepreneurial class faced the problem of defending its interests in a new way, cooperating with the state power ... In particular, During this period, there is an influx of businessmen to the country's legislative bodies, first to regional parliaments, the State Duma, and then to the renewed Council of the Federation (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 Territory, Zolotarev(YUKOS) - in Evenkia, Shtyrov(ALROSA) - in Yakutia, Darkin(Far Eastern business - in Primorye).
The adoption of a single, albeit the most modern “civilized” law on lobbying activities is unlikely to be able to eliminate corruption in the corridors of Russian power. Control mechanisms over this activity should be built into all adopted legislative acts regulating the functioning of the institutions of the political system. The key role in the “culture” of lobbying in Russia can and should be played by the “fourth estate” - a free press. The point is that it is necessary to widely acquaint citizens with the activities of group interests, to regularly cover the progress and results of contacts between representatives of the authorities and these groups. Lobbying acts as a companion of democracy, therefore, no society that wishes to develop along a democratic path will be able to leave it. For Russia, this means that as the norms and principles of democracy are woven into social practice, lobbyism will gradually turn into a necessary socio-political institution of a democratic society.
The concept of "lobbying" was first introduced in Britain in the middle of the 19th century. In its original definition, lobbyism is pressure on decision-makers in order to secure the necessary decisions. The clearest example is direct or indirect pressure on parliament members during their voting on
bills. This is exactly what the great British industrialists began to do, gathering on the sidelines of the legislative chamber during the days of sessions and trying to somehow convince parliamentarians to take the necessary decisions.
Lobbying today is a somewhat broader phenomenon. It covers not only the sphere of business interests, but also science, education, art, ideological trends, and so on. The political lobbying of large industrialists of the century before last had a pronounced negative and even illegal character. Today, this activity has fully entered the daily life of the planet. IN modern world of political PR, lobbying is also a professional activity. Moreover, in a number of specialties of the world and Russian universities recently a corresponding discipline has appeared. And in the United States, according to statistics, there are more than 12 thousand official lobbyists.
There are two types of such actions: direct and indirect. The former include direct meetings and discussions with members of the legislature; conducting presentations and campaigning in their environment; assisting in the preparation of draft laws; professional advice; rendering various services to deputies and political parties; direct deposit of money into their account, for example, for running election campaigns. Indirect lobbying is a mediated action through which pressure is exerted on parliamentarians. Examples of this include:
1. The influence of public opinion. In this case, certain moods are provoked in the society itself (usually through the media), and then it becomes an instrument of pressure on legislators.
2. Social survey. Surveys like these often have pre-planned results. This may be due to the choice of a certain social group, region, provocative statement of the question, and so on. The results of such polls, published later, also become a lever of influence.
3. Attracting voters. This is a case when lobbyists directly appeal to citizens and agitate those to turn, in turn, to deputies: writing a letter, phone call... A large-scale option may be to convene a rally for the adoption of certain bills.
4. Situational associations. In some cases, lobbyists may associate under separate laws that are beneficial to the members of such an association. Even if their other interests do not coincide. MPs are more inclined to meet with representatives of such groups, since this eliminates the need to listen to the demands of different groups, duplicating each other. Accordingly, it saves time and effort.
Lecture 8. Lobbying as a special technologyin the functioning of power relations
- The essence of lobbying
Lobbying is a fairly common phenomenon in the social and political life of various countries, and, moreover, it is institutionalized. Having an economic basis, it is not limited only to the sphere of production, but in terms of the degree of influence on the adoption of certain political decisions, it acquires considerable political significance. , because behind the actions of lobbyists there is always some group of interests. FROM one can agree with this interpretation, but it should be clarified. Certain caveats are required.
- Lobbying is pressure on government bodies in general, including from one branch of government to another, up to the head of state.
- Parliamentary lobbyism exists as a legal institution in the United States and some other countries, associated with the registration of lobbyists.
- Pressure from corporate, private and public organizations on government bodies is perhaps the most capacious, essential definition of the phenomenon of interest to us..
Anyway the lobbying process is the process of reinforcing economic interests by political acts, achieving the correspondence of economic steps and political decisions ... Lobbying practically complements the institutional system of democratic representation, allowing interest groups that have no other opportunity to participate in government decision-making or, which is important, bypassing legitimate procedures to speed it up.
However, we must not forget about such the essential task of lobbying as the implementation of group interests through influencing decision-making by authorities .
Lobbyism acquired a political meaning in the late 18th and early 19th centuries. In the United States, lobbying was carried out in accordance with the first amendment to the Constitution, adopted in 1789, guaranteeing, in particular, the right of citizens to file complaints with official bodies. In 1876, a law was passed, according to which all lobbying activities were required to declare themselves and officially register with the clerk of the lower house of parliament.
For a long time under lobbying in the USA was understood to be an open and persistent upholding, first of all, of certain foreign policy interests ... It was this meaning that was put into the 1938 Law on Foreign Agents, which obliges them to register and report on their activities. The provisions of the law were applied if one of the parties acted on behalf of a foreign government, a foreign political party, an independent foreign entity that was engaged in lobbying activities or was part of the representative office of that foreign client. An interesting fact is that this law was adopted as a measure to prevent Nazi and communist propaganda in the United States. It was only in 1966 that amendments were made to it, shifting the emphasis from propaganda to political and economic activities.
Later, in 1964, the term "lobbying" in the United States began to mean "buying votes for money in the corridors of Congress", i.e. initially the lobby was viewed as a corruption component. This practice was initially condemned by the public, but then it became entrenched in the political process of many Western countries. The peak of popularity of the term “lobbyism” in Western sociology fell on the 50-60s. XX century.
Lobbying(eng. lobbyism, from lobby — lobby) began to understand pressure on parliamentarians by personal or written appeal or in any other way (by organizing mass petitions, a stream of letters, publications, bribery) by any groups or individuals whose purpose is to achieve the adoption or rejection of the bill.
Some domestic researchers(Tolstoy) lobbying is seen as the process of promoting the interests of individuals, corporate structures (as well as their representative professional lobbying firms and public organizations) in public authorities in order to achieve a favorable political decision for them .
The reason for the spread of lobbying in many Western countries is explained by the expansion of the extra-parliamentary process of interaction between the state and civil society in order to make certain political decisions ... Some people, for various reasons, do not turn to parties and movements to protect and promote their interests, trying to resolve their issues behind the scenes. Therefore, the practice of lobbying private interests began to spread from the parliamentary sphere to the executive and judicial branches. A-priory English researcher S.E. Finer, lobbying is understood as any activity of structures influencing public authorities in order to promote their own interests .
Thus, lobbying as a process acts as a specific activity of people to exert pressure on public authorities in order to influence their decision-making process. . This is a system and practice of realizing the interests of various groups of individuals by means of an organized influence on the legislative, administrative and other activities of state bodies.
- Lobbying as a strategy of interest groups
Lobbyism can be considered a special autonomous pressure mechanism aimed at making a state decision, and just one of the forms of pressure ... Another thing is that the manifestations of such a connection can be different, determined by the nature and level of development of economic and political relations. Thus, in the United States, lobbying is legalized as a specific legitimate institution. In France, it is implemented at various regularly held meetings of representatives of the largest business with government agencies. Sometimes interest lobbying takes place within various elite clubs.
Interest groups - this is a natural element of political relations, which is realized in various forms and methods of activity, including lobbying ... This approach has been reflected in two concepts - pluralistic and corporate.
For the first time, the mechanisms of political influence through the activities of “interest groups” within the framework of a pluralistic theory were presented by A. Bentley: “All phenomena of public administration are phenomena of groups that put pressure on each other and single out new groups of representatives for mediation in a social agreement”. From this he concludes that lobbying is functional. This later served to justify lobbying as an important component of the political process.
Developing the ideas of A. Bentley, D. Truman clarified the main subject of influence, highlighting categorical, social and interest groups .
To the firsthe refers random groups: children, men, women, left-handers, blondes, etc.
The secondsingles out cumulatively social interests: pro-union, confessional.
Thirdsubdivided by the author into simple and political.
Simple “interest groups » — This is to a large extent a variant of social groups that have common attitudes that put forward certain requirements for other social groups: workers, employers, patients, doctors, etc.
And only then when simple interest groups embody their demands on other groups in the form of appeals to the authorities, to the government , they become , according to the researcher, political interest groups , they are the lobbying structures.
It is advisable to note that if these groups set their task to effectively influence the authorities, then they must build their activities in accordance with certain rules, orders and practices that exist in society and the state ... this implies the principle of legitimacy, expediency of "playing by the rules".
To designate the channels of influence of groups on power structures, D. Truman introduces a special term “ access points", Which allows us to say that not everything and everything can be lobbied, you need to study and know these most important and sensitive to the influence of" nodes "," nerve centers ".
Hence, pluralism theory upholds equality of opportunity to represent interests ... By law, all "groups of influence" have equal opportunities, but with formal equality, all groups have different starting positions. Proximity to government is critical. It is no coincidence that the most effective investment is investment in power.
Representatives of a different model - corporatism theories (first of all, F. Schmitter and G. Lembruch) consider the main actors in the impact of the corporation, educated in the conditions of the modern social division of labor.
In corporatism theory the state is seen as the main instrument for identifying interests. According to the authors of this concept, in many spheres of politics, narrow cooperation is developing between political and state institutions and the corresponding groups (organizations) of interests.
Examples of such interactions are social partnership, tripartite agreements between government, trade unions and employers .
The modern theory of corporatism is often called neo-corporate, reflecting the emergence of corporatist structures, previously non-existent or poorly studied (sometimes left out of the attention of researchers) groups.
It is still very difficult to talk about which concept Russia is evolving towards and how events will develop. One can only make an assumption that today the corporate model is traced more fundamentally.
Developed in developed countries lobbying principles contrary to ordinary ideas - it's not just a behind-the-scenes pod (although this is the case), but also a system of argumentation, a mechanism for preparing, consulting, promoting the adoption of relevant laws, political decisions , participation in other socially constructive acts, etc.
Lobbying - multistage phenomenon ... It is crowned by a politician (or a group of politicians) who proposes or implements solutions; the middle is made up of a large group of experts, consultants, and performers. Often these are former officials and statesmen, professional lawyers, public opinion experts, etc.
Some lobbying mechanisms are P on control, but the nature of this phenomenon excludes the full possibility of such control. The strongest, for example, in the United States is considered the lobbying of the military-industrial complex, and in our country at present it is the pressure of natural monopolies, first of all, of a comprador orientation. It is pertinent to note that the existence and functioning of lobbying organizations is usually not associated with the complication of parliamentary and government structures, with additional burdens on the budget. Lobbyists make their own living.
- Classification of forms of lobbying
The variety of forms of lobbyism raises the question of its classification, but the distribution of this phenomenon according to one or another system-forming basis is still conditional, since the implementation of this or that approach in its pure form is very difficult. In life, everything is interconnected, interdependent and real influence is often a combination of various forms and methods of lobbying.
Russian political scientists give their classification of subjects lob-bism, representing :
-sectoral (monopoly or oligarchic sectoral clans);
-regional (alliances of political and economic forces in a certain area);
-by type of clientele - interpersonal "ligaments" (some authors consider them to be regional groups formed according to the principle of community).
The classification of lobbyists according to the type of interest, proposed, for example, by S. Peregudov and I. Semenenko, is very interesting. Authors highlight four main groups of lobbyists:
-Politicized . Seek political influence through participation in elections and are directly involved in political struggles.
-Social . They defend the interests of social groups: trade unions, women's, environmental, youth organizations.
-Economic . These include corporations and industry complexes (military-industrial complex, agro-industrial complex, etc.), financial and industrial groups (FIG).
-Regional . This group consists of lobbyists of the capital, St. Petersburg, regions where enterprises and services vital for the country's economy are based (oil and gas and transport) or areas of potentially acute conflicts are located (for example, the miners' Kuzbass), as well as representatives leaders of some republics and autonomies, increasingly becoming sovereign. To this typology, one should also add foreign lobbying, which, due to the attraction of foreign investments in the Russian economy, manifests itself more and more tangibly.
In addition to these groups of lobbying organizations, it is possible to designate such a specific form, as political parties defending corporate interests (Agrarian Party, Russian Party of Motorists, etc.). The peculiarity of their lobbying activity is that :
Firstly, unlike other structures, it is not of a shadow, but to a greater extent of a public nature;
Secondly, in addition to defending corporate interests, they are forced to be guided by considerations of not only economic benefits, but also political calculation, sometimes acting even to the detriment of momentary economic corporate interests.
The activities of such associations can be assessed as follows.
In a normally functioning society, any political movement or party that claims influence and weight cannot but have a serious economic program. Such parties, in fact, express, along with the national ones, the specific articulated interests of those social strata of society on which they rely, where they seek electoral support. The rivalry between such parties is nothing more than the rivalry of entrepreneurs.
It seems that there is no exaggeration or delusion here, since free enterprise in the market conditions of the development of society in one way or another becomes a way of life. Hence and only that party or political movement that represents the largest corporate interests that do not contradict the national or identified as generally valid. If only corporate interest is visible in the party and nothing more, its possibilities will be extremely limited. It is no coincidence that big businessmen exert their political influence through the support of various political organizations. The leader party needs economic programs that are attractive to the broadest strata of the population.
A specific type of lobbyist is the so-called "Agents of influence", i.e. officials in the system of public authorities acting in the interests of various corporations ... Unlike other categories of lobbyists, they influence the adoption of managerial decisions, being directly in the system of government bodies. Their potential is assessed not only by their business qualities, but also by their position, which makes it possible to “put pressure” on the authorities using administrative resources. The subject of lobbying activity cannot but be aware, if not of the ultimate goal of his activity, then at least of its nature.
It is advisable to consider lobbying in conjunction with the existing electoral and functional systems of representation of interests ... It can be assumed that such systems perform, in general, a fairly broadly interpreted single function - the representation of interests. Lobbying components can be found in each of them.
Lobbyist groups become a necessary and useful part of democratic representation of interests, doing a range of functions, characteristic of the institutions of the political system :
-aggregation of interests in certain areas;
-articulation of the requirements of the respective groups;
-a connecting link between the people and the authorities, politicians, a kind of "transmission belt" between the needs of the individual and government agencies. The activity of these groups helps the authorities to take into account the pluralism of interests due to social diversification;
-activate the participation of citizens in political life through the emergence of confidence that it is possible to influence the development and adoption of decisions needed by groups;
-complement the official representation of citizens in the authorities. People who do not have the ability to directly influence the power structures may notless participatein the legislative process through the active functioning of the corresponding "pressure group";
-serve as an important means of overcoming, preventing conflicts. Vigorous activity, competition and compromises between interest groups lobbying for the positions of certain segments of society are a characteristic feature of pluralistic democracy. Taking into account the interests of the most representative and influential social groups by the government leads to a high level of mutual understanding in politics and society, reduces social tension, allows solving urgent problems not in a confrontational, but in a conciliatory manner.
Of course, this list of functions can either be increased or reduced by decomposition, highlighting sub-functions. But the point is not in the volume of enumeration, but in fixing the role that is carried out by interest groups and their lobbying activities by performing the corresponding functions.
Lobbyist groups, "interest groups" usually use various forms and methods of influence to ensure their influence :
-preparation, initiation, initiation of court cases;
-overt pressure, which can take the form of information, consultation or threat;
-latent pressure, manifested in the form of personal contacts, trusting relationships, "gifts", etc .;
-strike, some form of civil disobedience, hunger strike;
-impact on public opinion. Under a democratic regime, it is close to an indirect impact on government bodies, sometimes taking the form of "soft" persuasion or "aggressive" criticism;
-informing the population as one of the methods of influencing public opinion. The appropriate selection of information, the ways of its presentation can help people develop such an attitude to a specific issue that the interested "group of interests" needs;
-a system of means and factors to exert the necessary influence on politicians who make decisions at the level of the region or the federal government, in order to ensure the interests of the relevant groups.
Lobbying groups or "interest groups" constitute an integral part of a free democracy ... The parties that entered parliament articulate and aggregate the interests of far from all political and social groups in society. Lobbying groups fill this gap. They defend various, primarily corporate interests, representing certain forces in the legislative body.
The main goal of a political party — win elections, come to power ; the "group of interests" such a goal may be indirect. For them the main objective - solving major economic and social problems in order to strengthen their position .
Party candidates' ballots contain the name of the party, and “pressure groups” usually do not give their name, although they may support certain candidates.
Lobbyist associations are more "specific" than parties, expressing a narrower "group of interests". The most influential of them are usually officially registered and receive the corresponding legal rights. At the same time, many of them may not have official status.
Lobbyist groups are not accountable to anyone other than their members (and even then not always). Because of this, they do not bear such responsibility before the people as elected officials who are obliged to account for their actions, at least during elections.
Finally, a number of researchers draw attention to the fact that competition and compromises among various “interest groups” do not always translate into consistent government policy. In some cases, their activities lead to inefficiency and inaction of the government.
In different countries lobbyists have different political weight and differently understand the importance of their functions ... However, the set of functions, forms, methods of work for him-state lobbying structures (including individuals) in all democratic states is approximately the same.
Acting as a mouthpiece for group private interests, lobbying works not only on the vertical, but also at horizontal levels. Lobbyists establish contacts with each other and organize individuals, coordinate their interests, energy within groups. The lobbying influence of the "interest group" depends on a number of factors:
- the degree of commitment of its members to the goals set,
- opportunities to raise funds,
- geographic location, etc.
In this way, categories of "interest groups", "pressure groups", "influence groups" and "lobby" represent an interconnected conceptual series, highlighting various aspects of a single generic phenomenon of representation and organization of various groups of people according to economic, especially corporate interests. Social and political organizations also can actually perform lobbying functions without being professional lobbyists.
- Lobbying technologies
Lobbying is any form of representation of interests in power structures, primarily corporate entrepreneurship, and influence on decision-making that does not imply the establishment of permanent and binding relations.
The main objects lobbying are legislative and executive government bodies ... As a rule, the degree of influence of lobbyists on the state apparatus depends on the legal norms and political practice prevailing in the country.
The subject of lobbying is an what the lobbying pressure is for, the lobbying campaign is carried out:
- resource (actions are taken in order to get a public resource in their favor, etc.);
- problem (actions are taken to resolve the problem situation, for example, to remove a barrier in business, etc.);
- position (actions are taken in order to obtain a certain status, to take a monopoly position of the player in a certain segment of the market).
The list of these three items includes all lobbied interests of subjects... These include: the adoption of a preferential taxation for specific industries, amending the budget for the purpose of preferential financing of their own programs, preferential conditions for corporatization and privatization, the introduction of protectionist customs taxation, co-optation of their representatives to the government and parliament, work with mass media, etc. Any subject that is in the sphere of interests of the subjects of lobbying can be lobbied.
Lobbying mechanisms of communication, interaction and impact can be :
- funded (explicitly and / or implicitly) parties, political associations, factions and groups, federal and regional authorities;
- funded media;
- funded "brain" organizations (research, analytical, RI) that carry out not only explicit and / or implicit processing of public opinion, but also form the opinions of individual officials up to administrations of various levels.
In a democratic society, the political and legal space and the possibilities for the existence of open lobbying are expanding. Contrary to common beliefs, today it is not only behind-the-scenes bribery, but also a system of argumentation, mechanisms for preparation, consultation, assistance in the adoption of relevant laws, participation in other socially constructive acts.
Political technologies in the system of which lobbying occupies a special place, act as a set of the most expedient techniques, methods, procedures for the implementation of the functions of the political system, aimed at increasing the efficiency of the political process and achieving the desired results in the political sphere ... They include tactics, that is, techniques for achieving a local, non-slow, short-term result, and a strategy - obtaining a deep, long-term effect. Lobbying often has an economic component at its core , but not limited to only it. It is now acquiring a political essence, influencing political decision-making .
Although a number of lobbying mechanisms are under the control of society, the very nature of this phenomenon excludes the full possibility of such control. It is difficult to judge the number of lobbyists in Russia, but this problem is openly discussed in the press, ratings of the most influential lobbyists are published, including representatives of various levels of government.
Existing in the form of all kinds of committees, commissions, councils, bureaus created under legislative and government bodies, lobbying forces try to carry out the private interests of professional, corporate, socio-political groups and organizations in regulations and decisions. Often these interests do not contradict the public, but dissonance also happens between them.
In this way, the implementation of targeted influence on power structures contributes to a more complete articulation of various interests , which means that political decisions made under the influence of lobbying most adequately correspond to the social and political order of society .
By revising technology activities lobbyist organizations should take into account that this is a private and organizationally independent institution that does not exist separately from the parliament, government, and other power structures. The existence of these organizations, as a rule, is not associated with the complication of parliamentary and government structures, with additional burdens on the budget. Lobbying organizations are usually completely financially self-sustaining.
The range of technologies, forms and methods of civilized lobbying activities, which have been successfully used abroad for a long time and successfully, is quite wide :
from the collection of information and its advancement on the necessary steps, explanatory work, propaganda and agitation of the proactive preparation of drafts of the necessary documents
prior to the appropriate treatment of persons on whom decision-making depends .
Moreover, various means are used - financial, ideological, organizational, political - and methods - both individual and collective.
The specificity and corporatism of entrepreneurial interests prompts to seek access to government officials who form decisions. In turn, access is associated with the strengthening of corporate ties of the business community, which finds expression in the search for an organizational mechanism and structuring adequate to lobbying aspirations. This explains the appeal to intellectual resources and their active use in analytical and predictive activities. Think tanks have become an important element of modern lobbying ... Their number is growing, which indicates the demand for this infrastructure by corporations. In Soviet times, the analytical structures of the party, the KGB and parts of state institutions were very impressive in terms of professionalism, criteria of complexity and application. But they were included in the ideological monolith of power, hence their engagement, blinkeredness, orientation towards party attitudes.
Already in the first years of democratization, the the role of new analytic structures ... The political elite (both at the federal and regional levels) needed qualified information and analytical support. There was a jump in proposals and recommendations from experts. Efficiency in work, structuring information flows, attracting a wide range of scientists, mobility - this is the experience of modern experts. ... Analysts stimulated the entry of research groups, centers into the orbit of active politics, which gradually turned into a familiar and necessary element of the political space, including lobbying practice.
On the part of the authorities the demand for independent experts began to grow , which led to the emergence of expert groups at the government Committee on economic reform, party structures, parliament. In some cases, the state even initiated the creation of new centers, as happened with the Russian-American University, created in 1990 as a "headquarters for reforms." The practice of lobbying to a large extent contributed to the formation of the market for political ideas and technologies, their competition ... There are also fluctuations in the market situation, there is a balance of supply and demand, inflation is raging, bankruptcies occur, and considerable capital is "spinning". Nevertheless, the use of political technologies allows political groupings, corporations of Russian business to advance in the political arena, to gain access to political functions.
Political technologies in the field of lobbying aimed at shaping public opinion, manipulating it in order to adopt the necessary laws etc. The functioning of this phenomenon is associated with the formation of all kinds of foundations, associations and unions. There is only one goal - to mobilize forces to achieve the set goals ... A responsive lobbying function has emerged in response to the impulses (demands, etc.) of interest groups.
The above can be attributed to first level lobbying opportunities, in other words, to the actions of lobbying organizations aimed at forming their own social environment.
Lobbyism, like the political system, has and second level functions — political communication, articulation and aggregation of interests , which became noticeable in Russian lobbying. By doing them, lobbying structures at a certain moment are connected to the decision-making process, which is the main stage of the lobbyist's activity, where their approaches, methods, forms, techniques are also applied :
- access to the central echelons of power through contacts with senior government officials and ministers; consultations on issues affecting the interests of the corporation of entrepreneurs;
- development of political proposals, recommendations within the framework of structures in which organizations of entrepreneurs and industrialists formally participate in the process of developing solutions along with government officials;
- participation in the implementation of the outlined political course with the direct participation of representatives of organized entrepreneurial interests;
- the desire to receive the necessary powers from the government and take responsibility for the adoption and implementation of decisions.
Solution formation technologyincludes such phases as studying the problem, analyzing the initial information, evaluating alternatives and choosing the best option, etc. Lobbying structure repeats the same technology, but from a different point of view and with a different purpose ... Unlike its classical Western counterparts, Russian lobbying is focused primarily on government structures and other executive bodies and to a lesser extent affects the parliament. This situation is predetermined by many circumstances, and above all by the fact that the practical model of government decision-making is largely controlled by the executive branch. The importance of a presidential decree or government act is often much more significant and more important than that of a law.
In lobbying the executive authorities, such elements of technology are also used , as :
- impact on the process of personnel appointments, transfers;
- political support of departments;
D communication through advisory committees;
- speeches at hearings in regulatory agencies, etc.
Thus, business faster than other social and professional groups is organized into various associations, trying to organically lobby for their interests. Business combination is hampered by its heterogeneity. Business circles in any country are fundamentally differently connected with the state, the government, depending on whether they are actually private entrepreneurs or work for the state. In Russia, where before there was no private property, the process of the emergence of private entrepreneurs or the separation of those from the number of representatives of state business is slow.
Lobbying, an indispensable business companion , the phenomenon itself is not reprehensible, and the problem is not that it exists. It is natural just as the interests of people are natural and inalienable. The problem is that it is like an iceberg, which, in addition to the surface part, also has an underwater one. Civilized society striving to keep the underwater part to a minimum, puts the activities of lobbying groups and firms under the control of the state and the public . By legalizing lobbying, the state nullifies the other side of lobbying - corruption.
Providing the public with an opportunity to know who, what and how is lobbying in federal government bodies and to control this process means promoting the process of understanding and organizing the interests of various social groups and strata.
Thus, lobbying technologies include:
Direct and indirect lobbying
Direct lobbying - This is a classic, in the generally accepted sense of the word, lobbyism, which is carried out with direct contact of the lobbyist with the subject having the authority to make a decision necessary for the subject of lobbying.
Indirect (indirect) - this is lobbying, in which there are no direct contacts, or they exist, but with persons who do not have the authority to make the decision necessary for the lobbying subject, but who have the ability to effectively influence the decision-making process.
(The most effective mechanism for indirect (indirect) lobbying is an appeal to the general public. This work can be carried out both inside state institutions, in the form of holding parliamentary hearings and round tables, and outside them through the publication of public opinion polls, broad media campaigns and etc.)
Public and non-public lobbying
Public lobbying mechanisms are: strikes, demonstrations, boycotts, political statements, mobilization of public opinion through the media, etc.
Non-public lobbying mechanisms are: personal support and personal persuasion, sponsorship, project financing, provision of exclusive information, as well as threats and coercion.
Individual, group, coalition lobbying
When individual lobbying the subject of lobbying activities independently, alone defends group interests.
When group lobbying the interested parties agree among themselves, for example, on joint support in the passage of the bill through the committee that will prepare the most favorable solution, etc.
Coalition activities groups of subjects with a single goal and a single task. In this case, a new subject of lobbying activity appears - a collective lobbyist.
Coalition lobbying is most effective when influential structures are united, which independently represent a serious lobby. The main thing in coalition lobbying is the ability to reach an agreement.
In Russian practice, coalition lobbying traditionally takes place when issues of the agro-industrial complex, road construction sector, military-industrial complex, etc. are discussed in the State Duma.
Pluralistic and corporate lobbying
Pluralistic mechanism lobbying activity is present when the interests of several groups collide on the same problem.
Corporate lobbying carried out by monopolists of a certain sphere of the real economy or public life. Corporate lobbying as a mechanism of group pressure on the Russian state is carried out in several directions: an agreement with the most powerful group of power on mutual support; pressure from below, when subjects of interest defend their interests.
Planned and spontaneous lobbying
Planned lobbyingcharacterized by the presence of a specific action plan, which includes clearly defined goals, objectives, methods and methods of achieving them, allies, a list of issues of coordination with various subjects of lobbying activities, etc.
Spontaneous lobbyingAre unplanned actions that can be used to advance group interests.
As practice shows, spontaneous lobbyism does not exist in its pure form. Even the so-called "spontaneous" rallies, or pickings, always have their own customer and are organized in nature.
The goal of any lobbying campaign is that the lobbyist should influence the decision-maker using various communication channels.
Conclusions:
- Lobbying, economically based , is quite common as a socio-political phenomenon in various countries of the world, is of considerable political importance ... it institutional, normative, communication, socio-cultural element, an important component of the political process, in the assessment of which an integrated approach is required ... Existing in most countries, in many it is not legally recognized, and in some it is prohibited. This is a kind of archetype of pressure technology, the political science interpretation of which is very pluralistic.
- Variety of interpretation of the concept " lobbying» depends on the accent ("Interests" or "impact"), subject of pressure, its focus ... In the conventional sense, under it usually means the totality of means and methods of influencing public authorities used by various interest groups in order to make the desired decision ... It is always a system and practice of realizing the interests of various groups by means of organized influence on state bodies, and such representation of interests takes the form of civilized lobbying. Anyway the lobbying process is the process of supporting economic interests with political acts, achieving conformity of economic steps and political decisions.
- The challenge of civilized lobbying
- constant adjusting the activities of government bodies in accordance with the dynamics of the interests of civil society
... This ensures flexible interaction, mutual adaptation of the authorities and society, when both parties benefit. However, at the same time, one should not forget about such an essential task of lobbying as the realization of group interests through influence on decision-making by the authorities. The practice of lobbying contributes to a more complete expression, coordination and implementation of group interests, the formation of economic and political markets.
- Models and typology of lobbying
Each country has its own model of lobbyism and technology for its regulation. Consider foreign experience.
In some countries there were special laws on lobbying have been adopted (for example, in USA and Canada). In other countries in the absence of special laws on lobbying, technologies of its legal regulation are applied at the expense of other regulations and organizational measures (for example, in UK, Germany, France).
And in fact, and in another case legal acts are aimed at legalizing contacts between lobbying subjects and government bodies. They provide for the open publication of a lobbyist list, which lists all unions, associations and associations that have received official access to the departments of the federal government and parliamentary committees. But, despite the common task, these regulations differ significantly from each other ... Consider foreign technologies for regulating lobbying activities in the USA, Canada, Great Britain, Germany and France - countries that have the most experience in solving this problem.
American model of lobbying and its regulation.
Earlier, other countries tried to introduce political lobbying into the legal field in the United States. In 1946 g. there was a special law on the regulation of lobbying was adopted in which there was the requirement for the required registration of all professional lobbyists has been established ... The law defined who the lobbyist is (§ 266). The law applied only to lobbyists working in the US Congress.
The law (§ 267) sets out in detail the procedure for registering lobbyists by the Secretary of the Senate and the clerk of the Chamber. Legal restrictions on lobbying were also identified (§ 269). In particular, bribes and outright bribery of members of the House of Representatives and the Senate are prohibited.
In 1971 g.in the United States entered into force Federal Election Campaigns Act which guaranteed state funding for presidential candidates from the two main parties in order to limit the influence of pressure groups wishing to bring their president to power. In 1974 g. was an amendment passed limiting the amount of contributions by individuals and Political Action Committees through which lobbyists' money went . In 1979... was American League of Lobbyists established , which publishes a monthly bulletin, explains the special role of the lobbyist profession in objective government decision-making. In 1995 g. US President Bill Clinton signed a tougher lobbying disclosure law , the action of which extended to lobbying not only in relation to the legislative, but also the executive authorities, and also five times were increased fines for violation of the law. Eased the position of those representing commercial interests foreign lobbyists who are now registering on par with their American counterparts. An exception remained only for employees of embassies and interstate organizations. Facilitating the registration of foreign lobbyists was a response to the growing influence of the foreign lobby in the United States. At the same time, only one out of five lobbyists registered, and the rest preferred not to advertise their activities and pretended to be experts, consultants, informants, etc.
Every six months, lobbyists and lobbyist firms are required to send a detailed report on their activities ... In accordance with the 1995 Law a lobbyist is a person who:
- spends at least 20% of their time on lobbying,
- has numerous contacts with members of legislative and executive authorities,
- received for his services from his clients at least 5 thousand dollars within 6 months.
The law was extended to lobbying not only against Congress, but also the executive branch.
The Washington Representatives directory is published annually in the United States, which contains data on the annual activity of lobbyists with the headquarters for government relations in Washington. In one such annual directory, 15 thousand lobbyists.
Restrictions on lobbying in the United States are imposed not only by laws, but also by ethical directives and right-handed behavior for MPs and employees of Congress. a, as well as ethical guidelines and professional standards for lobbyists established by voluntary organizations of professional lobbyists. January 21 2009 r. President of the U.S.A Barack Obama tightened rules for lobbyists by banning the White House administration from accepting gifts from them .
Canadian model of lobbying and technologies for its regulation.
The Canadian Lobbying Regulation Act was passed in 1988 year Canadians, unlike Americans, went by the opposite, having defined in the law what is not lobbyism and to whom this law does not apply .
Canadians proposed their own classification of lobbyists, to whom the law includes: lobbyists-consultants; corporate lobbyists; lobbyists from the organization.
Lobbyists-consultants are defined as persons who, for a fee, in the interest of any organization or individual:
1) turn to a civil servant to : development of a draft law; introduction, amendment or cancellation of any bill or other legislative act; development of any regulation; developing or changing government policies or programs; receiving any subsidy, grant, etc. from the state;
2) organize a meeting between a civil servant and a third person.
Corporate lobbyists - these are persons employed by any organization or individual, a significant part (20% or more) of whose duties are to communicate with government officials in the interests of the employer or an affiliated company on issues designated for lobbyist consultants. Lobbying in Canada places an obligation on participants to provide detailed information about themselves and their employer.
Lobbyists from the organization - these are persons who are employees of the organization and any part of whose duties is to communicate with government officials in the interests of the employing company on issues designated for lobbyist consultants.
The registering authority for lobbyists in Canada is the Central Registry Office of Canada. , which publishes a final report on their activities every year. Compliance with legal requirements is monitored by a dedicated ethics advisor who also leads the development of the Lobbyist Code of Conduct. If the lobbyist violates the articles of the law or the code, the ethics adviser organizes an investigation of the incident and, upon its completion, sends a report, including information about all the amounts received and the expenses of the lobbyist, to the Central Bureau of Registration of Canada, as well as to each of the houses of parliament, which, based on make a conclusion.
Canada's lobbying regulation system is considered more liberal than the American one :
- there are no restrictions on lobbying for resigned ministers or other civil servants in high positions;
- the system of distribution of government orders is non-transparent;
- there is no code of conduct for members of parliament that obliges them to disclose their interests and imposes restrictions on receiving gifts, etc.
Unlike the United States and Canada, in other states, in the absence of special laws on lobbying, lobbying activities are regulated by other laws and other regulations (for example, in the UK, Germany). Let's consider their models of lobbying and technologies of its regulation.
Experience in regulating lobbying in the UK.
Great Britain is a country with one of the most liberal approaches to lobbying issues ... The English researcher S. Black, analyzing the experience of consulting firms in the field of public relations in the UK, notes the particular usefulness of lobbying to speed up or, conversely, counteract parliamentary decision-making processes.
There is no lobbying law in the UK. However, lobbying activities are regulated by many laws and codes that determine the rules for the relationship of civil servants with interest groups (the main document in this regard is considered Civil Service Code). Normative acts , usually, regulate the behavior and financial interests of the members of parliament themselves, rather than interest groups of pressure .
Directly regulates relations between civil servants and lobbyists Public Sphere Standards Committee created by in 1994 The Committee's first report argued that lobbying in parliament and ministries is everyone's inalienable right. The committee proceeded from the fact that it is not lobbyists who need to be controlled, but the lobbied ... This approach was explained by the fact that the creation of a unified register of lobbyists, in addition to the obvious organizational difficulties, will contribute to the creation of an image of a closed government, blocking the channels of vertical communication in society.
According to the staff of the Committee, lobbyists can independently unite into communities, create "rules of the game" and independently monitor their implementation ... This in the UK can be facilitated by professional bodies such as Association of Professional Political Consultants, Association of Consultants PR, InstitutePR... There is a tendency to unify the internal rules of these associations. In addition, they maintain their own lists of lobbyists.
The UK has a developed market for professional lobbying services. The annual volume of this market is estimated more than £ 500 million sterling... The services of well-known lobbying companies in Great Britain were used not only by representatives of industry, major media and even governments, but also by foreign countries.
Assessing the technologies for regulating lobbying in the UK Parliament, it is worth noting that in the House of Commons and in the House of Lords a register of the financial interests of members of parliament is maintained, including details of all contracts entered into with consultants, representatives of law firms and lobbying organizations. Responsible for maintaining this register is parliamentary commissioner for standardization who also advises MPs on ethical conduct (based on the Code of Ethics for MPs and the results of investigations into violations).
There is a list of requirements for MPs to increase their transparency with lobbyists. In addition to the requirements for members of parliament, there are a number of general requirements for other civil servants for the legal regulation of lobbying activities. For example, in July 1998 g. UK Cabinet Secretary released “ A Guide for Government Officials: Contacting Lobbyists», where the rules of conduct for state officials when communicating with lobbyists were spelled out in detail .
In addition to the register of interests of members of parliament a list of interests of journalists is also kept , in which a journalist with access to parliament is obliged to indicate all financial receipts in excess of 575 p. sterling per year, for activities related to his presence in parliament, and also the register of party groups that have access to parliament .
Another feature of British law is regulation of lobbying activities in election campaigns. UK legislation provides for annual financial support of parties from government funds.
Important transparency is an obstacle to the development of illegal lobbying (openness) work of state bodies . The work of both houses of the British Parliament , with rare exceptions, is open ... Interested persons have access to the building and can observe the day-to-day activities of the parliament from the galleries located on the premises of both chambers.
Free access to interested persons is also provided to the State Archives of the House of Lords, where you can get archival documents of the House of Lords from 1497 and the House of Commons from 1547.
Germany's experience in regulating lobbying activities.
There is no single federal law on lobbying in Germany, however there are a number of other documents regulating lobbying activities ... These documents, first of all, include: “Rules of Procedure of the Bundestag”, “Code of Conduct for a Member of the Bundestag”, “Unified Regulation on Federal Ministries”, “Regulation on the Registration of Unions and Their Representatives at the Bundestag”.
According to the Bundestag Rules of Procedure, in the activities of the German parliament allowed the participation of experts from interested trade unions and associations .
The "Code of Conduct for a Member of the Bundestag" was adopted in 1972... It grants the right to deputies to deal with the problems submitted for discussion by parliamentary committees for a fee ... They are required to declare their interest prior to commencing committee hearings. The code also obliges each deputy to make public, in accordance with the established procedure, information about which lobbying organizations this deputy is currently interacting with. .
According to the "Unified Regulation on Federal Ministries", participation of experts from interested structures is allowed in the development of draft laws in federal ministries ... In this way, lobbying is envisaged in Germany not only in relation to the legislative branch, but also at the level of the executive branch .
"Regulations on the registration of unions and their representatives at the Bundestag" was adopted in 1972... It serves the same purpose as American law - legalization of contacts of subjects of lobbyism with public authorities ... The regulation provides for the open publication of a lobbyist list, which lists all unions, associations and associations that have received official access to the departments of the federal government and parliamentary committees. However, despite the common task, these regulations differ significantly from each other. If American law applies to legal entities and individuals, then the "Regulations on the registration of unions and their representatives with the Bundestag" - only for legal persons... In accordance with its terms, it is not required to indicate the funds received and spent, since with free registration there is no reason to trust such data.
When registering, a German lobbyist must provide the following information :
- the name and address of the organization or interest group that the lobbyist represents;
- composition of the board;
- area of interest of the organization;
- the number of its members;
- the name of the representative of the organization and the address of the representation to the Bundestag and the Federal Government.
Based on information about the leadership, the number of members and the area of interest of the organization or interest group, the German MP can judge the credibility and representativeness of the registered lobbyist.
In accordance with this provision several hundred federal lobbying structures are represented in the chambers of the German parliament ... Thanks to registration, lobbying structures receive an official opportunity to take part in the work of specialized committees, to formulate their opinions and demands frankly at open hearings, etc.
Disadvantages of the German practice of regulating lobbying can be attributed arbitrary selection by German officials of interest groups involved in the development of draft laws in ministries, and lack of the required publicity at the stage of discussion of draft laws in state bodies .
French model of lobbying regulation.
In France, lobbying has long been outlawed, since it was believed that the government should defend only national interests. Since the early 1980s. lawmakers have developed an interest in legitimate lobbying of interests.
In January 1991 g.in France was Lobbying Council Association established, designed to introduce into the legal field relations between the state and representatives of interest groups .
A certain role in the regulation of lobbying activities is also played by Socio-economic council created on the basis of the 1958 French Constitution This body consists of representatives of professional groups and is intended to provide the French government with opinions on all bills of an economic and social nature ... so, he plays the role of a kind of "lobbying parliament" ... Similar bodies also operate in Austria and Holland.
The disadvantages of the French approach are the prohibition of lobbying in the legislature and the emergence of problems associated with ensuring, during the formation of the Socio-Economic Council, equal representation of various professional groups in it ... However, the existing restrictions do not prevent specially created organizations from acting as intermediaries in promoting various external and internal interests in government bodies.
French consulting firms in the field of interaction with public authorities provide a whole range of specific services ... Among them are the following services:
- promoting the ideas of the interested party in the authorities,
- theoretical development and practical application of communication strategies in relation to the legislative and executive authorities for making or changing specific decisions,
- making the necessary changes to legislation, etc.
A classic set of services is also provided to promote the interests of an external customer when conducting relationships with public authorities in France : counseling and assistance foreign states, foreign companies, government or non-government organizations, etc.
Evaluating foreign technologies for regulating political lobbying, it can be noted that many countries have already come a long way in understanding this problem, developing and implementing mechanisms for regulating lobbying activities. The positive result of this path was that lobbying, for the most part, was brought out of the shadows, which reduced the opportunities for corruption in government bodies. Of course, the problem of behind-the-scenes influence on the political process has not been completely resolved. But at least it has become much more under the control of society.
Literature
GR -links with the state: theory, practice and mechanisms of interaction between business and civil society with the state: Textbook / ed. L.V. Smorgunova and L.N. Timofeeva. M .: ROSSPEN, 2012.S. 272-287.
Cm .: Bentley A. The Process of Government ..: A Study of Social Pressures. Cambridge (Mass.) 1967. P. 269.
Cm .: Schmitter Ph. C. Still the Century of Corporatism // The Review of Politics. 1974. No. 36; Schmitter Ph. C., Lehmbruch G. Trends Toward Corporatist Intermediation. London; Beverly Hills: Sage Publications, 1979; Lehmbruch G., Schmitter Ph. C. Patterns ofcorporatist policy-making London; Beverly Hills: Sage Publications, 1982.
See: Peregudov S., Semenenko I. Lobbying in the political system of Russia // World economy and international relations. 1996. No. 9. S. 28-42.
See: M. Mescon, M. Albert, F. Hedouri Fundamentals of Management. M., 1992; The technology is political. M., 1995; Social technologies. M., Belgo-rod, 1995; and etc.
How can you build feedback with power structures in a democratic political system? How to make the authorities hear the demands of business and society, listen to their opinion? What communication channels and technologies to use in order to be heard? You can answer these questions if you study such specific areas of activity as lobbying, or Government Relations (GR). This activity is most widespread in democratic political systems, where the political decision-making process is more open, competitive, institutionalized than in authoritarian or totalitarian systems. The desire of various forces to influence the political decision-making process does not change depending on the type of political regime and the characteristics of the political system, therefore this phenomenon is characteristic of all states and societies, but it is another matter that it is not recognized and regulated everywhere.
The sphere of the relationship of various social structures with the state is multifaceted, and each researcher tries to find exactly those processes and features that would fully reflect the diversity of subjects, objects, connections and interactions between them. How do they influence the political decision-making process? Let's consider this issue in more detail.
The term "lobbyism" (from the English, lobby- lobbies) appeared much earlier than GR. There are opinions that lobbyism has existed since the days of Ancient Greece and Ancient Rome. In Latin, this term meant a corridor or covered promenade. In the XVI century. in England, this was the name of a walking area in a monastery, and a century later - a room in the House of Commons, where its members walked. The concept first became political in England in the 18th century, when various people who did not have access to the voting room tried to persuade parliamentarians to vote behind the scenes in different ways. In the XIX century. in the United States, lobbying was called the purchase of votes for money in Congress.
Thus, historically, there have been two main directions in understanding the political meaning of the fundamental concept of "lobby": as a place, i.e. parliamentary lobbies, or as an action aimed at working with members of parliament in order to make the right decision. The second interpretation is closer to the word lobbying, emphasizing the procedurality of the action.
In domestic science, the definitions of the concepts of lobbyism and GR quite a lot, this is due to the interdisciplinarity of these socio-political phenomena. Therefore, references to GR and lobbying can be found in the writings of political scientists, sociologists, lawyers, historians, psychologists.
In Russia, the concept of “lobbyism” often has a negative meaning and is perceived as corruption, pressure, bribery. This tradition goes back to the times of the USSR, where this phenomenon was presented as the influence of the bourgeoisie on the government in order to adopt anti-popular laws that only they needed.
All definitions of lobbying can be typologized according to three main criteria: this phenomenon can be understood as 1) an institution, 2) a process, and 3) technology.
First group definitions the most popular, here they understand lobbying as specific institute political system, which is a mechanism for purposeful impact private and public organizations: political parties, trade unions, corporations, business unions, etc. (so-called pressure groups) on the parliamentary decision-making process. Neo-institutionalists further expand the definition, noting that lobbying is a set of rules, norms, sanctions that form a political, social, legal framework for interactions individual actors with an institutional environment.
Second group definitions emphasizes procedural significance lobbying, presenting it as the activity of pressure groups defending their special political interests in government bodies. Russian scientist V.A. Lepekhin proposed to consider lobbying as a process of bringing formal power to power as de facto, implying that the most powerful pressure group is the state power.
Third group make up definitions of lobbying as a tool to influence political and managerial decision-making; as a system of techniques and methods for realizing the interests of various groups of citizens by influencing public authorities. As a result, in domestic science opinions are presented that lobbyism is a technology that has established itself as an effective means of the system GR.
Lobbying is often understood in a narrow sense only as a type of professional activity associated with influencing government decisions in the interests of the client.
Lawyers tend to separate two concepts: "lobbyism" and "lobbying activities". If in the first case it is a form of legal influence on the state from the side of social structures, then in the second it is legal legal relationship on the interaction of society and power structures in a particular state. It is believed that corruption and other extra-legal phenomena are manifested where, for various reasons, there is no effective mechanism for lobbying. In the United States, legal lobbying is denoted by lobbying activity(lobbying activity).
The concept of lobbying was institutionalized after World War II. In 1946, the United States passed the Federal Lobbying Regulations Act, which provided for the registration and reporting of individuals who were hired to lobby in Congress. It existed for 50 years until the adoption of the Law on the Openness of Lobbying Activities (1995), which is on this moment legal basis for regulating the system of representation of interests in the United States.
Note that in Russia this activity has not yet been institutionalized, since there is no special regulatory law. As a result, lobbyists work according to the principle "everything that is not prohibited by law is allowed." It is quite possible that this position suits the majority of political actors, and therefore the status quo remains in the issue of regulating lobbying activities in Russia.
From the above, we can conclude that lobbying has the following characteristics:
- the presence of subjects and objects of lobbying. The objects are authorities of various levels and different status, as well as their specific representatives. The subjects can be both business and civil society institutions, and other authorities;
- the purpose of lobbying is to influence decision-making by the authorities;
- the content of lobbying activity is the representation and protection of the interests of a specific social structure, and, as a rule, small in size on the scale of the whole society;
- a condition for lobbying is the presence of a certain institutional framework established in the state. This allows lobbyists to use the rules of the game that are accepted and implemented by all participants in the political process. Legislative regulation of lobbying is just one of the forms of institutionalization of activities within the boundaries of the political system.
Additional characteristics of lobbying can also be identified:
- lobbying activities are usually professional in nature;
- lobbying activities most often take the form of mediation between government bodies and influential interest groups, commercial corporations and organizations, political parties, public structures, specific citizens.
Thus, lobbying is intra-institutional activities of actors interested in influencing the authorities in order to make decisions that are beneficial to them.
In domestic science, the problem is the issue of distinguishing two close, but not equivalent concepts - lobbyism and (77 ?. As we have already noted, some researchers consider lobbying a technology (77 ?. But is this true?
The term “lobbyism” has deeper historical roots than (77 ?: the latter appears only in the 1970s in the USA, and in Europe in the 1980s and 1990s. This is due to the transition to a post-industrial society, where communication plays As a result, the structure of the public space has changed, the attention of the public and the media to the activities of large financial players, especially TNCs, which have to build “special” relations with society, the state, and the media, has increased.
Under C /? in a broad sense is usually understood relations of social subjects with authorities. Thus, building long-term, trusting, effective communications with power structures is the main goal of (/ ^ - specialists.
A.B. Shatilov and L.S. Nikitin is defined (77? As the systematic work of social actors to study and monitor the actions of state authorities and officials, as well as inform them of the company's position on a particular issue.
- differences in goals and timing of their achievement. Lobbying is aimed at achieving a specific result, which is consistent with the principles of project work. (77? - this is the desire to create and maintain the communication process, this is a systematic work that can take years;
- the difference in the subjects of influence. Lobbying activity, as we noted, is most often mediating, which is explained by the specificity of the sphere of decision-making. GTf-activities are most often carried out by the entities themselves (for example, large corporations create special departments or departments that purposefully deal only with this type of activity);
- differences in the objects of influence. Traditional forms of lobbying involve close interpersonal contact with decision-makers - politicians, statesmen, officials. Accordingly, lobbyists are highly dependent on subjective assessments and preferences of specific personalities. The object (// ^ - of activity is impersonal, since the first place is taken by institutions that can influence the successful functioning of the subject;
- difference in methods and approaches to achieving goals. For a (^ -specialist it is not necessary to have perfect information about the political decision-making process, but he must know and apply innovative communication technologies used in marketing, PR- and election campaigns;
- emotional color of terms. At first glance, the word “lobbyism” has a negative connotation associated with the understanding of this activity as something hidden from the eyes of an ordinary person, as one of the manifestations of corruption. GR at least has a neutral, and possibly a positive connotation.
In our opinion, the most successful positioning is GR as a specific type / '/ (- activity. If we take as a basis the PR definition Public Relations, then Government relations fits organically into it as an integral part.
PR - it is a managerial communicative activity (a set of social practices) aimed at optimizing the interactions of a social subject with significant segments of the social environment - with his public.
Since the state is one of the public institutions, the relationship of commercial and non-profit structures with the state can be viewed as a form of PR.
According to V.A. Achkasova, E.I. Mintusova and O. G. Filatova, Government relations- this is management communicative activity of a social subject, aimed at creating and maintaining a system of relations with public authorities in order to create a favorable environment for the functioning of this subject.
In foreign science, you can find a number of terms that are close to lobbying in content. So, for example, in America there is a term issues management which can be translated as problem management. Its meaning is not to bring the problem to such a state where the problems are solvable only by influencing the decision-making by the authorities.
Another concept public affairs - public affairs - is intended to replace the concept of "lobbying", which has a negative meaning. For example, in the UK, lobbyists call themselves / M-consultants. In fact, this is the same lobbyism, only with a tinge of "spotless reputation" and high social responsibility of the subjects.
