Leisure

In most countries of the world, gambling industry is in stringent frameworks, both legislative and territorial. Economical activity related to gambling business must be done strictly and rigorously in accordance with the procedures stipulated by the legislation.

As you know, the Law of Ukraine “On the Prohibition of Gambling Business in Ukraine” was passed on 15 May 2009. This regulatory act imposes limitations on gambling business in Ukraine in terms of constitutional priority principles of rights and freedoms of a person and a citizen, protection of public morality and health, ban on the usage of property to the prejudice of a person and society.

Gambling industry, according to the Law of Ukraine “On the Prohibition of Gambling Business in Ukraine”, is an activity on organisation and holding of gambling in casino, on game-playing machines, in a bookmaker’s office and in electronic (virtual, on-line) casino, which is carried out by the gambling organisers in order to realize profits. Gambling, in its turn, is any game, to take part in which gamblers must stake; it allows them to receive the winnings, and the result of such game fully or partially depends on fortuity.

It should be taken into account, that according to the legislation of Ukraine, the following is not considered to be gambling: organisation and holding of lotteries; organisation and holding of creative competitions, sporting events, provided monetary or property winnings are not envisaged by these events.

Billiards, skittles (bowling) and other games that do not envisage any winnings for the gamer, as well as “crane-type” game-playing machines, which envisage only corporeal things for the player (toys, sweets etc), are not prohibited by the Ukrainian legislation. The same holds true for free drawings aimed at advertising of a specific product, service, trade mark, logo for goods and services, name or line of activity of businesses, commercial programme with the issue of monetary or property winnings; competitions (games, quizzes) which envisage that an individual acquires participant status free of charge and the participants, who revealed best personal knowledge and skills, receive monetary or property winnings for their personal achievement; free drawings for entertaining, charity or educational purposes.

For the violation of the Ukrainian gambling industry legislation, namely for the organisation and holding of gambling on the territory of Ukraine, financial sanctions as a fine of 8,000 minimum wages with the confiscation of gambling equipment are applied. The sanctions are applied under the court decision at the suit of state tax authorities.

The limitations on gambling business are in effect till correspondent legislation is adopted, which envisages the right to gambling business activities in specially designated gambling zones.

Despite the fact that gambling business has been prohibited in Ukraine since June 2009, the Government of Ukraine is currently considering several draft laws regarding organisation and holding of gambling business. Under the draft laws, which may come into effect, special gambling zones will be designated, namely in Kyiv, Kharkiv, Odesa, Lviv and the AR Crimea, in order to do gambling business in Ukraine. The gambling licences may be granted for the period of seven years. Gambling establishment will be open for entry to the gamers upon the availability of the passport only, whereas the holder must be at least 21 at that moment.