Current state of legal regulation of economic activities in the field of organizing and conducting gambling

The article is devoted to the issues of characterizing the current state of development of legal regulation of economic activity in the field of organization and conduct of gambling. The development of the gambling industry and market in Ukraine, their impact on social processes, including negative ones, the speed of regulatory reaction, tax revenues and other factors, shows the importance of this type of economic activity in the general economic environment and the need for its comprehensive study. It was determined that the regulation of social relations of this type of economic activity is characterized by a variety of norms that are involved in this process from different branches of law and the presence of current socially significant problems, the response to which is associated with possible changes to legislation. A separate component of these processes is the effect of martial law in Ukraine and the efforts of the subjects of regulatory and legal regulation to use the discretionary powers granted in connection with this. In turn, such actions, regardless of their positive nature, have law enforcement risks associated with the «legal purity» of the adopted normative legal acts. The author examines the current state of legal regulation of economic activity in the field of gambling, considers the possibility of alternative approaches to the generalization of the results of such an analysis, depending on the type of economic relations. It was determined that at the current stage of the development of legislation on gambling, the regulation of such economic activity can be carried out not only with the help of special legislation, but also by individual legal acts (Decision of the National Security and Defense Council of Ukraine on the introduction of sanctions), which is contrary to legal principles and the jurisdictional criterion of the origin of regulatory influence. It is concluded that it is necessary to take into account the priority of legislative procedures before the regulatory reaction caused by the resonance of social problems, and it is proposed, taking into account the state of development of the gambling business in Ukraine, to apply special management regimes.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2024-10-12
DOI
https://doi.org/10.24144/2788-6018.2024.05.46
Primary Topic
Regional Socio-Economic Development Trends
Type
article
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article

Current state of legal regulation of economic activities in the field of organizing and conducting gambling

Дмитро КУЦЕВОЛ
Analytical and Comparative Jurisprudence
Regional Socio-Economic Development Trends
article

Current state of legal regulation of economic activities in the field of organizing and conducting gambling

Дмитро КУЦЕВОЛ
article en

Abstract

The article is devoted to the issues of characterizing the current state of development of legal regulation of economic activity in the field of organization and conduct of gambling. The development of the gambling industry and market in Ukraine, their impact on social processes, including negative ones, the speed of regulatory reaction, tax revenues and other factors, shows the importance of this type of economic activity in the general economic environment and the need for its comprehensive study. It was determined that the regulation of social relations of this type of economic activity is characterized by a variety of norms that are involved in this process from different branches of law and the presence of current socially significant problems, the response to which is associated with possible changes to legislation. A separate component of these processes is the effect of martial law in Ukraine and the efforts of the subjects of regulatory and legal regulation to use the discretionary powers granted in connection with this. In turn, such actions, regardless of their positive nature, have law enforcement risks associated with the «legal purity» of the adopted normative legal acts. The author examines the current state of legal regulation of economic activity in the field of gambling, considers the possibility of alternative approaches to the generalization of the results of such an analysis, depending on the type of economic relations. It was determined that at the current stage of the development of legislation on gambling, the regulation of such economic activity can be carried out not only with the help of special legislation, but also by individual legal acts (Decision of the National Security and Defense Council of Ukraine on the introduction of sanctions), which is contrary to legal principles and the jurisdictional criterion of the origin of regulatory influence. It is concluded that it is necessary to take into account the priority of legislative procedures before the regulatory reaction caused by the resonance of social problems, and it is proposed, taking into account the state of development of the gambling business in Ukraine, to apply special management regimes.

Analytical and Comparative Jurisprudence(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Regional Socio-Economic Development Trends
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