On the Differentiation of Responsibility for the Organization of Binary Options Using “Exchange Terminals” in the Context of Preventing Underage Crime and Gambling

Abstract

The article discusses the problem of excessive interest of minors in computer games, the development of a game addiction (gambling), which could trigger criminal activities. The authors examine various approaches to the issues of legal regulation of the organization of «binary options» through «exchange terminals». They highlight that Russian lawmakers do not have a definite position regarding this issue while legal publications contain contradicting suggestions. The authors believe that it is reasonable to use foreign experience, where «exchange terminals» in organizing binary options are viewed as equipment for gambling, this experience could also be used in determining liability for illegal gambling. They pay special attention to the problem of involving minors in gambling through simulators of gambling machines. It is stressed that modern Russian criminal and other legislation does not correspond to the current criminological situation and does not contribute to the effective counteraction of the illegal organization of gambling, and especially of involving minors into it. That is why it is necessary to impose criminal responsibility for the illegal production of gambling equipment, for its modification, storage, transportation, selling out of monetary or any other personal interest, without a special permit (license) as well as for illegal organization of gambling using gambling simulators («exchange terminals»), which cause serious harm to man and citizen, to the interests of the society and the state. Besides, to ensure a differentiation of such responsibility, it is necessary to include such an indicium of this offense that would lead to a stricter punishment for more socially dangerous consequences of the above-mentioned actions manifested in harming the health of juveniles or involving them in unlawful activities. To find a complex solution of this problem, it is also necessary to address the issue of establishing administrative responsibility for participation in gambling outside the gambling zone, including online gambling.