Lawyer under Article 203-2 of the Criminal Code — Illegal activity in organizing or conducting gambling games, lotteries

In recent years, Ukraine has intensified the fight against illegal activities in the field of illegal operation of gambling establishments and lotteries. The legislative basis of the issue is traced in Article 203-2 of the Criminal Code of Ukraine. The provision of legal services under this article is one of the services provided by the specialists of our law firm Prykhodko and Partners.

Administrative and criminal liability

The new edition of the Law of Ukraine “On State Regulation of Activities in the Organization and Conduct of Gambling Games” provides for direct responsibility for the following actions:

• Organization/implementation of gambling. The main component of the crime is the lack of a license to carry out this type of activity.
• Management/economic activity of establishments, the purpose of which is to provide access to gambling games or lotteries conducted via the Internet.
• Issue/direct implementation of lotteries by a person who does not have the right to implement this activity.

The category of “gambling” includes any game that requires the player to deposit an appropriate amount of money (i.e., the equivalent of a bet). Depositing a certain amount of money gives the right to further receive a prize. The probability of receiving it and the size of the prize depend directly on the player himself.

Regarding the license of such establishments, it should be noted that this concept includes an entry in the Unified State Register of Legal Entities. The record shows that the licensing authority has issued a decision regarding whether a particular business entity has the right to conduct a certain type of activity, which is subject to the licensing process.

Based on the above, in the event of guilt, the punishment under Article 203-2 of the Criminal Code of July 14, 2020 is as follows:

• Fines range from 170,000 to 680,000 hryvnias. Such a fine is evidence of the particular severity of this crime.
• Criminal liability. It occurs in the case of committing an act of a socially dangerous nature.
• Prohibition on holding certain positions for up to 3 years.

The subject of the crime under Article 203-2 of the Criminal Code is any legal entity or individual who conducts/organizes gambling without a license.

The object of the crime is a violation of the norms of the current Ukrainian legislation and law and order, which are related to gambling.

The subjective side is the presence of a specific intention. This means that the person is fully aware that he/she is conducting/organizing gambling or lotteries without a license and appropriate status. The main purpose of such activity is the desire to make a profit.

As for the objective side of the crime under Article 203-2 of the Criminal Code, these are actual actions that testify to the illegal organization of gambling games or the conduct of illegal lotteries.

Assistance of professional lawyers under Article 203-2 of the Criminal Code

Today, legislation strictly regulates the legality of gambling and lotteries. However, there are cases when the struggle of representatives of the law enforcement system against such illegal activities is no more than the usual “showing off”. Therefore, we note that if you were charged under Article 203-2 of the Criminal Code, it is almost impossible to prove the guilt of the organizers. In most cases, law enforcement officers pay attention to administrators of gambling establishments, who are accused of organizing the operation of such establishments. Among the main evidence that can be provided by law enforcement officers is obtained as a result of computer and technical examination.

Lawyers Prykhodko and Partners will be able to protect the rights and interests of clients who are charged under Article 203-2 of the Criminal Code.

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