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Publications of Agapov Igor Olegovich'
Politics and Society, 2016-6
Agapov I.O. - Lobbying and lobbyists in Europe: certain theoretical and practical issues


Abstract: The subject of this research is the examination of works of the European authors dedicated to the activity of various groups of interests that actively interact with the institutions of the European Union. In addition to that, the article presents an interesting statistical data which reflects the attitude of the European officials towards the lobbying and the lobbyists. The strive of the lobbyist structures for the increase of transparency of the process of state decision-making on the level of Community is being demonstrated. The author determines and analyses the ways that are currently being used by the European legislator for the legal regulation of the lobbyist relations. Based on the examination of a vast amount of empirical material, the author presents the maximally precise and full data about the currently functioning in Europe lobbyist organizations, as well as about the character and level of their impact upon the EU authorities. The scientific novelty consists in the fact that despite the seemingly detailed regulation of public relations in the area of interaction of the EU institutions with the representatives  of the European Parliament and European Commission, many problems associated with the lobbying are yet to be resolved. Such problems carry not just a legal-technical character, but also ontological. Conducting an in-depth analysis, the author reveals the substantial and conceptual difficulties, which were faced by the European legislator in determination of the nature and essence of lobbying, its objective-subjective structure, content, functional role, etc.
Law and Politics, 2016-4
Agapov I.O. - The UE transparency register: current state and prospects for development


Abstract: The subject of this research is the system of voluntary registration of organizations and sole proprietors engaged in development and realization of the EU policy and working with the European Parliament and the European Commission. The author examines the principles of registration of lobbyists, the structure and sphere of activity of the transparency register, the rules applied towards registrants, measures of encouragement of registration, as well as measures implemented for violations of the code of conduct, contained in the current interinstitutional agreement in comparison to its predecessor. The author analyzes the legal acts passed by the European Parliament and European Commission aimed at regulation of relations between the special interests representatives and EU officials. The scientific novelty of this research consists in the fact that the interinstitutional agreement, passed by the European Parliament on April 15 of 2014, has not been the subject of study of Russian researchers until now. At the same time, the positions contained within this agreement, as well as opinions and comments of interested parties in the regulation of lobbying on the EU level, testifies to the gradual shift of the European means of regulation of these relations towards the American model, the embodiment of which is the American Lobbying Disclosure Act.
International relations, 2016-2
Agapov I.O. - Legal regulation of lobbying in the USA: problems and prospects


Abstract: The research subject is the regime of disclosure of information about lobbying established by the US legislation. Special attention is paid to the study of the mechanism of the “Lobbying Disclosure Act” implementation. The author reveals the problems faced by the Secretary of the Senate and the Clerk of the House of Representatives in their law enforcement activities. Besides, the paper considers particular decisions of the US Supreme Court which in this or that way deal with the exercise by the Congress of its legislative and administrative responsibilities. The author analyzes the real state of the process of legal regulation of lobbying in the US. The author applies various scientific methods, including historical, logic, comparative-legal and formal-legal. The novelty of the study lies in the analysis of significant, but not-so-obvious problems of implementation of the provisions of the law regulating the interaction between lobbyists and officials. Based on the profound analysis, the author offers various ways to solve these problems and concludes about the need for a serious revision of the Lobbying Disclosure Act.
Legal Studies, 2016-2
Agapov I.O. - On the issue of the essence of a public-private partnership (PPP) pp. 70-77


Abstract: The research subject is the institution of a public-private partnership in the Russian Federation. The author formulates its scientific and legal definitions, outlining the following criteria of a PPP: 1) a public objective; 2) a special subject composition; 3) a long-term character of relations; 4) risks allocation. On the base of a detailed analysis of these criteria the author formulates the thesis about the true essence of the Russian practice of a mutually beneficial cooperation of public and private entities. The author compares the Russian and the foreign experience of implementation of public-private projects. The author applies various scientific methods, including deduction, analysis, comparison, and the technical method. The novelty of this research lies in the clear, theoretically and empirically sufficient criticism of the current condition of the sphere of interaction of the society and the state; of the fragmented and ambiguous character of legislative provisions regulating public relations in this sphere; of the preferences granted by the authorities to the large business in contrast to the rest part of the society, which is, due to the natural reasons, unable to provide financial benefits in the nearest future, etc. 
Genesis: Historical research, 2016-1
Agapov I.O. - Lobbying in Great Britain: history of development and problems of regulation pp. 54-73


Abstract: The subject of this research is the lobbying in Great Britain. A special attention is given to the close connection between the promotion of private interests by the high rank officials of the British governments and the corruption scandals. The author thoroughly examines the legal frameworks of the collaboration on the Royal servants with the representatives of major corporations, a so-called, actively developing practice of “rotating doors”. The law on transparency of lobbying is being analyzed; the conclusion is made about its inability to improve openness of the relationship between the authorities and the business in the United Kingdom. In addition to that, the author demonstrates a number of examples typical for the unbalanced lobbyism. Among the main conclusions are the following: lobbyism in Great Britain is tightly linked to the manifestations of corruption; British mass media is filled with headlines on the controversial actions of one or another politician; the acting legal frameworks of the collaboration between the lobbyist and the officials cannot provide any notable restrictions on the lawlessness of the reputable economic constituents; the fundamental law regulating lobbying in the United Kingdom requires significant changes.
Legal Studies, 2015-11
Agapov I.O. - On the issue of lobbying regulation in Australia pp. 95-104


Abstract: The subject of the research is lobbying activity in Australia and the way of its legal mediation. The author provides a brief historical review of the legislative initiatives of the Parliament of the Commonwealth of Australia aimed at the regulation of public relations between public officers and the representatives of private interests. The author focuses on the national peculiarities of the Australian scheme of regulation of lobbying relations which manifest themselves, primarily, in the form of unification of norms regulating the activities of “mercenaries” – the code of conduct. The author briefly analyzes the existing acts adopted in different periods of time by the states of Australia. The author applies various general scientific and special research methods, namely the historical, logical, systems-structural, formal-logical methods and others. The novelty of the research lies in the revelation of another national way of lobbying regulation which can be added to the collection of actively studied models of legal regulation of lobbying: American, Canadian, British, German, “European”. Australian experience shows that it is not necessary to issue a special law to regulate lobbyism. 
Legal Studies, 2015-10
Agapov I.O. - Legal regulation of lobbying in Canada pp. 1-12


Abstract: The subject of the research is the peculiarities and legal scope of interaction of private interests representatives and public authorities in Canada. Special attention is paid to the study of the main documents regulating lobbying: the Law on Lobbying and the Code of lobbyists’ conduct. The author analyzes the structure, functions and authorities of a lobbying commissioner, the particular issues of interaction between lobbyists and federal government officials. The article reveals the problems of implementation of legal prescriptions conditioned by the voluntary nature of the Code and the lack of resources for an effective control over lobbying. The study is based on the general scientific and special methods, including the analytical, historical, formal-logical and technical-legal methods. The author comes to the conclusion that, despite the long history of legal regulation of lobbying in Canada, the existing system of lobbyists registration leaves much to be desired. Registration and report requirements are hardly implemented, investigations are not conducted. At the same time the lobbying commissioner possesses a vast number of means of influence on the illegal behavior of dishonest lobbyists. 
International Law, 2015-3
Agapov I.O. - On the issue of lobbying in the European Union pp. 112-127


Abstract: The subject of this research is the actively growing regime of regulation of relations between representatives of interests (lobbyists) and institutions of the European Union. A special attention is given to the novelties of the agreement between European Parliament and European Commission signed on April 15, 2014 on Transparency Register of organizations and self-employed individuals involved in development and realization of EU policy. The author highlights the problems faced by the European legislator in an attempt to regulate lobbying through the system of voluntary registration, as well as obstacles standing in the way of creating a mandatory registry based on the US model. The main conclusion of this research is detection of the problem in the legal foundation of creating an EU system of mandatory lobbyist registration, which consists in the lack of clear authority of the EU institutions to impose corresponding responsibilities upon private parties and organizations that are not part of the “European administration”. Due to this fact the author proposes several versions of solution to this problem, including use of the “doctrine of implied authority”.
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