The essence and social conditioning of the criminalization of illegal gambling business in Ukraine

The article explores the legal nature of the criminalization of illicit gambling in Ukraine amid current socio-legal challenges, particularly those caused by wartime conditions, economic instability, and rising social tension. It is argued that despite its economic appeal and fiscal potential, gambling poses significant societal risks—it not only affects the economy but also undermines moral and psychological well-being, fosters crime, and exacerbates the vulnerability of certain population groups. It is observed that, even though some forms of gambling and lotteries have been legalized, violations in this area remain widespread. This indicates shortcomings in the existing state control mechanisms and underscores the need to refine criminal-law approaches. The study places special emphasis on analyzing the social factors that drive the criminalization of illicit gambling, including the rise in gambling addiction, the recruitment of minors, the involvement of criminal capital, and the use of gambling establishments for laundering illicit proceeds. Attention is drawn to the risks posed by the shadow economy, even within legalized forms of gambling, and the distortion of market processes. The study demonstrates that criminalization as a tool of legal policy must rest not only on formal legal grounds but also on assessments of social expediency and potential harm. It shows that effective legal responses require balanced regulatory approaches, rather than blanket bans, which take into account the economic, social, and cultural characteristics of each state. A comparative-legal analysis reveals international practices that could improve Ukraine’s criminal-law policy through institutional cooperation among regulatory bodies, law enforcement agencies, and licensed industry operators. In this context, the author proposes a series of specific measures to enhance criminal-law regulation, identifying the principles of proportionality, purposefulness, prevention, and legal certainty as fundamental to developing a balanced policy in the gambling sector.