Abstract

The article discusses the feasibility of a ban on gambling and the main shortcomings in the legislative regulation of public relations in this area. The causes of criminalization of the activity of gambling business in Ukraine are investigated and legal and practical assessment of the consequences of such criminalization is given. Possible ways of solving the problem of the shadow economy in Ukraine by overcoming illegal gambling business by example of the leading states of Europe are analyzed. The authors highlight the main problematic aspects of the existence of the gambling business outside the law and analyze the determinants that provoke such a gambling business. The authors analyze the main negative and positive aspects of the possible legalization of the gaming industry and its impact on civil society. Bills on legalization of gambling business in Ukraine are also analyzed. The article also examines the positive foreign experience of some foreign countries in legalizing the gambling business. In particular, some aspects of legalization are noted based on the experience of Finland, Sweden and Germany. The authors propose to introduce the experience of these states in the legislative regulation of gambling in Ukraine, in particular with regard to the creation of registers of debtors who would not be allowed to gambling, partial legalization of gambling in non-segregated territories, high license fees for gambling and high tax rates. Also important is the fact that the authors outline the regulatory and legal aspects of regulating gambling in Ukraine, and indicate the types of liability that are currently applied to the said offense. The authors also outline a number of legal conflicts, which are in the legal acts that regulate public relations in the field of gambling. Also relevant to the article is the fact that the authors analyzed the psychological aspect of gambling, which has a negative impact on civil society and noted the factors (determinants) of the said negative phenomenon, which generate and stimulate the development of offenses in this area.

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