Суб’єктивні ознаки кримінального правопорушення, передбаченого ст. 203-2 КК України

Based on the analysis of scientific sources, legislation and law enforcement practice, the article determines the composition of the criminal offense provided for in Art. 203-2 of the Criminal Code of Ukraine, which includes a set of objective and subjective signs that define the act as criminally unlawful. The author draws attention to the fact that within these signs, criminal illegality is specified, which allows law enforcement agencies to correctly qualify the act in accordance with the norms of the Criminal Code of Ukraine. The main attention is focused on considering the subjective signs of illegal activities in organizing or conducting gambling, lotteries. The author emphasizes that determining the subject and subjective side of such a criminal offense is key to establishing its composition and understanding the mechanism of negative impact on public relations. Since the subject and the subjective side are integral components of any criminal offense, they play an important role both in the application of criminal law norms and in their formation and systematization. The author emphasizes that despite the large number of studies of issues related to the subject and the subjective side of a criminal offense, today there are many unresolved criminal law problems. In particular, this concerns the definition of the very concept of a subject, sanity, as well as the age from which criminal liability for committing certain types of criminal offenses in the field of economic activity begins. In turn, this affects the results of the qualification of a criminal offense, and therefore the results of the trial of criminal proceedings. It is proved that the resolution of these and other issues will contribute to increasing the effectiveness of the application of criminal legislation and strengthening the criminal law protection of social relations.