| Abstract [eng] |
This master’s thesis examines the relationship between lobbying and criminal law by analyzing the concept of lobbying activities, their legal regulation in Lithuania and abroad, insights presented in academic doctrine, and interpretations developed in judicial practice. The topic is explored by assessing lobbying as a legitimate part of the democratic process while simultaneously recognizing it as an activity operating in an environment characterized by an increased risk of corruption. The thesis analyzes the concept of lobbying, its place within the legal system, and its significance in the legislative process, as well as evaluates the legal framework established by the Law on Lobbying Activities and the issues related to its application. It is determined that lobbying constitutes a lawful form of interest representation; however, its implementation is closely linked to compliance with transparency, publicity, and disclosure requirements, which ensure the control and legality of such activities. The study also examines the criteria that allow for distinguishing lawful lobbying from unlawful conduct. The analysis demonstrates that the key criterion lies in the nature of the means of influence employed and the transparency of the activity: lawful lobbying is based on open provision of information and communication, whereas unlawful conduct manifests through non-transparent arrangements or violations of legal requirements. In assessing the relationship between unlawful lobbying and criminal law, it is established that unlawful lobbying is not independently criminalized; however, its most dangerous forms fall within the scope of offenses such as trading in influence, bribery, and unlawful inducement, while less severe violations are classified as administrative offenses. |
