РОЗГЛЯД СУДОМ СПРАВ ПРО ОБМЕЖЕННЯ ФІЗИЧНОЇ ОСОБИ У ВІДВІДУВАННІ ГРАЛЬНИХ ЗАКЛАДІВ ТА УЧАСТІ В АЗАРТНИХ ІГРАХ

Abstract

The article is devoted to the study of the court’s consideration of cases on the restriction of physical persons in visiting gambling establishments and participating in gambling. It is noted that cases of this category are considered by local general courts at the player’s place of residence in separate proceedings according to the rules of civil procedure in accordance with Chapter 2-1 of Chapter VI of the Civil Procedure Code of Ukraine. It is substantiated that it is now possible to stop a person’s unreasonable exercise of the right to participate in a gambling game by entering information about the player in the Register of persons who are restricted from accessing gambling establishments and/or participating in gambling games on the basis of a relevant court decision without limiting their civil capacity. It was concluded that the circumstances provided for in clauses 2-5 of Art. 300-3 of the Civil Procedure Code of Ukraine, by themselves and without substantiating the need to impose a restriction on an individual in the form of a ban on visiting gambling establishments and participating in gambling, cannot be the basis for a court decision to satisfy the applicant’s requirements. It is argued that the grounds for banning a natural person from being a visitor to a gambling establishment and a participant in a gambling game are circumstances that indicate that the player, as a result of visiting gambling establishments or participating in gambling, has put himself or his family in a difficult financial situation. It is substantiated that only family members of the player can be applicants in the studied category of cases. It is noted that in Part 1 of Art. 300-5 of the Code of Civil Procedure of Ukraine should establish the provision that the court determines the period of restriction of an individual from visiting gambling establishments and participating in gambling within the period established by the Law of Ukraine “On State Regulation of Activities Regarding the Organization and Conduct of Gambling Games” dated 07.14.2020 No. 768-IX. The groundlessness of the proposals regarding the need for legislative regulation of the procedure for renewing the period of restriction of a person visiting gambling establishments and participating in gambling with the indication of the period during which such an application can be submitted and the definition of the circle of persons who have the right to submit such an application is indicated. It is proposed to introduce changes and additions to the Civil Procedure Code of Ukraine in order to improve the legal regulation of judicial review of cases on the restriction of physical persons from visiting gambling establishments and participating in gambling.