Питання притягнення гравців за участь в незаконних азартних іграх до адміністративної відповідальності

This article examines the lack of independence of Article 444 of the Code of the Republic of Kazakhstan on Administrative Offenses, which establishes liability for participation in gambling. The article examines the derivative nature of this provision, as it applies only if a court verdict has entered into force in a criminal case initiated under Article 307 of the Criminal Code of the Republic of Kazakhstan, declaring gambling activity illegal and consistent with the characteristics of gambling. This legal structure creates a dependence of administrative liability on criminal prosecution, which contradicts the principles of promptness and inevitability of punishment. Based on an analysis of Kazakhstan legislation, law enforcement practice, and scientific approaches, it is concluded that the existing administrative liability mechanism does not fully meet the goals of state regulation of gambling. The authors conclude that comprehensive improvements to the regulatory framework are necessary, along with clarification of the provisions of Article 444 of the Code of Administrative Offenses of the Republic of Kazakhstan and increased coordination between government agencies. Furthermore, the authors substantiate the need for legislative delineation and clarification of the legal nature of gambling in the context of administrative prosecution.

In this article, the results of the national survey of adult gambling behavior in North Cyprus (NC) in 2012 are presented. The aim of this study is to investigate the characteristics of adults' participation in gambling, and to determine the prevalence of 'problem and pathological gambling' in NC. The population of this study was formed from all the people living permanently in NC, speaking Turkish, and within the age group 18-65. Household interviews were conducted with 966 people. To obtain data, a 30 item questionnaire prepared by the researchers and a Turkish version of the Revised South Oaks Gambling Screen were used. Prevalence rates are compared with the results of the study conducted in 2007 using the same methodology and survey form. The lifetime prevalence of participating at least once in any of the 17 gambling activities investigated in the survey was 66.4%. 3.5% of the respondents scored as lifetime probable pathological gamblers and 9.2% as probable problem gamblers. Risk factors for becoming probable problem and pathological gamblers include being male, being in the 19-28 age group, having a high education level, having a job and being born in Cyprus. This study shows that the prevalence of problem gambling is high in NC and increasing gradually. NC has socio-cultural features such as a history of colonization, socioeconomic problems and high unemployment, similar to other high prevalence gambling regions, which is suggestive of the importance of socio-cultural factors on gambling behavior.

Статтю спрямовано на розкриття особливостей адміністративно-правового забезпечення публічного порядку і безпеки на авіаційному транспорті. В роботі охарактеризовано властивості авіаційного транспорту, його сучасний стан та вектор розвитку. Досліджено склад та структуру нормативно-правової бази, якою регулюється зазначена сфера діяльності. Розглянуто комплекс питань, що стосується безпеки в авіації, приділено увагу системі суб’єктів, діяльність яких спрямована на її забезпечення. Уточнено співвідношення понять «публічний порядок на авіаційному транспорті» та «авіаційна безпека», зроблено висновки про застосування різних видів правових режимів, що мають місце в авіації, а також про складну систему комунікацій між суб’єктами, які забезпечують додержання цих режимів.

The article singles out and discloses the content of the seven main administrative and legal forms of activity of the military administrations of Ukraine regarding the provision of public safety and public order in the conditions of the legal regime of martial law. Attention is focused on the debatable understanding of the categories "public safety" and "public order". It has been proven that military administrations solve a number of tasks in the field of ensuring public safety and public order. The practical difficulty of their implementation lies in the fact that they involve the simultaneous implementation of a complex of executive-administrative power measures. These actions are covered by the concept of "administrative-legal form". Based on the generalization of the provisions of the current legislation of Ukraine on the legal regime of martial law, the content of such forms as: general organizational activity, implementation of administrative-regime work, organization of administrative-pass regime, implementation of administrative-social work, implementation of administrative-mobilization measures, implementation of administrative and security activities, organization and implementation of information and generalization work within the framework of the implementation of measures to ensure public safety and public order. It was noted that over the past year, Ukraine has accumulated some experience in the implementation of executive powers by military administrations, including in the sector of ensuring public safety and order. Thanks to this, the scientific community received a significant boost for critical understanding of the regulatory support of the mentioned processes. In particular, we believe that the legislative definition of public safety and public order needs to be further improved in terms of their differentiation as two related but substantively different categories. Thanks to this, the national system of military management receives the prerequisites for increasing its own potential in terms of fulfilling the tasks and functions assigned by the law.

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine. Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.

Purpose: to investigate the issue of people’s deputies and deputies of local councils liability for their administrative offences and represent separate suggestions for making appropriate changes to the current administrative-delict legislation of Ukraine. Methods: the research has been carried out using generally accepted methods of scientific knowledge, including semantic-cognitive, analytical, comparative-legal, statistical, etc. Results: the particularities of deputies’ legal liability for the commission of administrative offences have been highlighted, the suggestions for the improvement of the current administrative-delict legislation of Ukraine, in particular to change the relevant article of the Code of Ukraine on Administrative Offences have been determined. Discussion: deputies’ liability for administrative offences issues. The article is devoted to the research of administrative liability of people’s deputies and deputies of local councils for their administrative offences, analysis of material aspects of this liability, the legal characterization of certain administrative offences, as well as processual peculiarities of the above mentioned subjects liability for their administrative offences. Today, the current legislation of Ukraine does not have regulatory provisions regarding the peculiarities of administrative liability of people’s deputies. However, the Constitution of Ukraine, certain laws foresee the specific of these persons’ legal status, in particular regarding their immunity and the possibility of legal liability on a general basis. The article analyzes the legal nature of certain categories of administrative offences for which, in the author’s opinion, people’s deputies must be responsible and have the administrative liability on the general basis, types of administrative penalties that cannot be applied to deputies. The issues of the substantive, subjective and territorial jurisdiction of cases on such offences have been investigated. Certain suggestions regarding the appropriate changes to the current administrative-delict legislation of Ukraine have been given. According to the author’s opinion, for the commission of administrative offences, people’s deputies should be liable in a special order. In particular, for the commission of the majority of administrative offences, it is better to apply disciplinary liability in accordance with the Regulations of the Verkhovna Rada of Ukraine. For the commission of certain administrative offences, they should be subject to administrative liability on a general basis. These are offences related to corruption, violation of electoral legislation, non-fulfilment of legal requirements of the National Anti-Corruption Bureau of Ukraine and the National Agency for Prevention of Corruption officials, with certain violation of the traffic rules, etc. At the same time, such penalties cannot be applied to them as a deprivation of the right to occupy certain positions or perform a certain activity, public works, socially useful works, correctional works, administrative arrest, arrest with keeping on the guardhouse. The peculiarities of their liability should be regulated and detailed in the Code of Ukraine on Administrative Offences, first of all, by supplementing it with Article 15-1 «Liability of people’s deputies and deputies of local councils».

Gambling research is largely focused on problem and pathological gambling by adults, while young people's gambling pursuits and the social context in which gambling knowledge and skills are established are less well researched, despite it being acknowledged that young people participate in and start their gambling activities at an early age. This paper explores young people's experiences of gambling activities within a social and family recreational framework in two Australian rural communities. The gambling construct is used in a wide inclusive context ranging from buying of raffle tickets to participation in casino gambling. The empirical data were collated through a self-administered questionnaire distributed during school time to high school students between the ages of 14 and 21 years in 2003. The research shows that young people are introduced to social and recreational gambling within the family context where parents, siblings and older friends facilitate the financial transaction process. Young males are more active overall than females in pursuing gambling activities in all areas except horse betting and keno gambling.

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

Interaction is a necessary and important part of the work of the National Police, including in the field of public safety and order. Due to the interaction we achieve the coordination of actions and joint activities of the National Police with other entities. Existing forms and methods of the interaction between the National Police and the public do not meet the current requirements and need to be refined or finding new forms and methods. Therefore, there is the need to conduct a thorough study of the problems of the interaction of the National Police with other entities of ensuring public safety and order. The author of the article has analyzed the importance and legal principles of the interaction of citizens with the police in the field of public order protection and combating crime. The concepts and forms’ types of the specified interaction have been defined. It has been concluded that there is a lack of scientific research focused on the problems of the interaction of the National Police with the public in the field of public safety and order, in particular on finding its new forms. To achieve this purpose, the author has revealed the essence of the interaction of the National Police with the public in the field of public safety and order, their relations, as well as has defined the classification of forms of the interaction of the National Police with citizens and their associations in the field of public safety and order. The scientific novelty of the study is that it improves the understanding of the nature and types of forms of the interaction between the National Police and the public in the field of public safety and order. Summarizing the above, we can conclude that the effective implementation of the authorities in the field of public safety and order by the National Police of Ukraine requires the establishment of effective interaction with citizens and public associations. The author has offered some new forms of the interaction between the National Police and the public for the implementation, the use of which can improve the state of law enforcement and the fight against crime.

Introduction. The work is devoted to the analysis of certain issues of legal regulation of administrative liability for offenses in the field of countering extremism. Based on the author’s understanding of these categories, the article attempts to construct a classification of administrative offenses of extremist nature. Analyzing the resulting set of rules on administrative offenses, the author focuses on part of the compositions, the generic object of which is public order and public safety. Materials and methods. The use of methods of formal legal analysis, coupled with an appeal to the positions of researchers of administrative responsibility for offenses in the field of countering extremism, made it possible to come to the conclusion that it is advisable to revise certain legislative provisions on the procedure for applying and the scope of administrative responsibility in the area of public relations under consideration. Analysis. The norms of the Code of the Russian Federation on Administrative Offenses are considered, establishing a number of elements of administrative offenses of an extremist nature. The author’s critical view of the applied administrative coercion measures, coupled with modern realities, in which state policy to consolidate society around the national idea in the face of a complex set of external and internal challenges, allowed us to conclude that it is advisable to tighten administrative liability for extremist offenses and revise certain provisions on administrative punishments. Despite the legal restrictive nature of these proposals, the author justifies their expediency in the context of the growing flow of information due to the development of communications, the unfair use of which can create a threat to national security. Results. The measures proposed by the author are aimed at increasing the effectiveness of the mechanism of administrative responsibility in terms of its compliance with the principle of proportionality and effectiveness in the fight against manifestations of extremism.

In his article, Orford (2005) is critical of the new United Kingdom Gambling Bill, arguing that the government, heavily influenced by industry pressure, has adopted legislative policies that will lead to the liberalization and expansion of gambling. He expresses concerns that this trend will have a negative impact on the incidence of problem gambling within the community, particularly in affecting the gambling behaviour of children and adolescents. However, availability is one factor interacting among a myriad of others to explain the development and maintenance of problem gambling. Despite Orford's dismissal of the findings of the DCMS' commissioned review of young people and gambling as erroneous, disputes over the accuracy of index measures and reported rates of adolescent problem gambling continue unabated in the literature (Derevensky, Gupta & Winters 2003; Jacques & Ladouceur 2003). There is accumulating empirical evidence that the high rates of problem gambling are inflated. More research needs to be conducted in order to confirm that problem gambling is more prevalent among young adults. In addition, it raises the need to further clarify the fundamental construct of problem gambling and the validity of its conceptualisation as either an addictive or impulse control disorder. Orford's relevant discourse, I believe, raises two substantive and related questions that are of philosophical and theoretical significance: 1) what are the relative responsibilities of individuals versus industry in preventing problem gambling and 2) is gambling a product that contains properties which in and off themselves, inherently cause addiction? Orford is of the view that gambling is no ordinary commodity but one that is inherently 'dangerous' in its capacity to form addictions and create harm, and therefore, there is paternalistic imperative to protect the community from the insidious collusion of governments and industry in expanding gambling. He raises the public health versus personal responsibility debate, one that has parallels and precedence in other areas of health and lifestyle choice as noted by Leichter (2003). Public health and consumer policies are increasingly based on the assumption that people have the capacity and freedom to make sensible choices resulting in legislation that requires relevant consumer information to be clearly displayed or provided to individuals. In support of this position, Blaszczynski, Ladouceur & Shaffer (2004) argue that in the absence of any comorbid psychiatric disorder such as manic depression or schizophrenia that causes affective disturbance and/or impairs cognitive processes, gambling represents an informed choice with the responsibility for making that choice remaining the individual's. However, to make a reasonable informed decision, the gambler requires the industry to provide full, timely and accurate information about the characteristics of the game, probabilities of winning, possible risks of harm arising from participating, and available options for assistance. Responsible gambling is the joint responsibility between informed choices made by individuals, and the provision of sufficient and necessary information by industry in the context of ethical business/commercial practices. Orford's perspective is also founded in part on the assumption that there is some inherent property of gambling that causes addiction and that with technological innovations, this addictive property is magnified. Accordingly, the implication is that any expansion of gambling carries with it serious risk of personal and social harm. However, should gambling be considered a unique product or should it be seen as similar to other products and activities such as alcohol, shopping or internet use? There are similarities but also essential differences between different appetitive activities. Should all such activities be construed as falling within the domain of an addiction? Alcohol and other substances involve the direct action of an external reinforcing agent on neurobiological and cognitive processes leading to neuroadaptive changes and psychological dependence. There is no similar action associated with gambling although there is some tentative data suggesting the involvement of dopaminergic neurotransmitters and genetic vulnerabilities although the cause effect relationship requires further clarification. Gambling has more in common with other impulse control disorders such as compulsive shopping or kleptomania rather than substance dependence disorders (Blaszczynski & Nower 2002). It must be remembered that the criteria for problem gambling was modelled on that of substance abuse with minimal recourse to supportive empirical evidence. Debate continues to linger as to whether gambling is an addictive, impulse control or obsessive-compulsive spectrum disorder. Therefore, discussion of inherent addictive qualities of gambling as a product is somewhat premature. As a product, gambling is not unique and should not be differentiated from any other human recreational activity. If we start to stigmatize gambling, we are at risk of stigmatizing any appetitive activity that causes harm to a minority. Gambling is construed as a neutral activity in which the majority (97%) of the adult population responsibly participate. The excitement produced by gambling is linked to anticipated wins and not the consequence of the direct act of gambling. Take away the prospect of winning, for example playing a simulated PC gambling game with no money, and the activity becomes boring. Erroneous and irrational beliefs and misunderstandings of probability theory and concepts of mutual independence of chance events maintain persistence in gambling in the face of adverse consequences. Therefore, a cognitive rather than addictive model describing the phenomenon of dependence observed in gambling appears a more parsimonious explanation of problem gambling. Gambling does not cause addiction any more than open department store displays and marketing strategies can be said to cause kleptomania or compulsive shopping. A powerful car does not make the driver speed. As in a range of other areas of excessive appetitive behaviours, community education programs in conjunction with initiatives to change attitudes toward participation in gambling is a far more effective approach to reduce the incidence of problem gambling than restrictive legislative policies. After all, the moral imperative of the prohibition era did little to eliminate alcoholism or problem gambling. This is why we strongly believe that informed choice is the pivotal element in reducing harm that is potentially associated with gambling activities. I would like to thank Professor Robert Ladouceur for his comments on this commentary. The author has received funding support for research into gambling from the NSW Government funded Casino Community Benefit Fund, the National Health and Medical Research Council, the Gambling Industry Operators Group and the Australian Gaming Council. He was on the Responsible Gaming Expert Advisory Committee for Crown Casino and is a member of the Victorian Gambling Research Strategy Independent Peer Review Panel. He is a founding member of the NSW Council for Problem Gambling and the National Association for Gambling Studies.

The purpose of this article is to analyze the legislation of Ukraine on the protection of gambling players from the formation of gambling addiction, to identify ways and means of protection, to evaluate their effectiveness and to formulate proposals for improving (strengthening) the protection of the rights of gambling players. The research used general scientific and special scientific methods of scientific knowledge. In particular, the dialectical method of learning the phenomena of the surrounding reality, comparative-legal, systemic-structural, methods of logic (analysis, synthesis, induction, deduction, analogy). Many prevention measures have already been implemented in Ukraine. In addition, the player is protected by the right to receive free psychosocial assistance in the event of problems with gambling and free medical assistance in the event of a diagnosis of gambling addiction. The state also provides free socio-psychological rehabilitation of players during and after treatment for gaming addiction. The disadvantage is the bringing of the player to administrative responsibility for participating in illegal gambling and the impossibility of recognizing him as a victim in criminal proceedings to compensate for the damage caused by the crime (engagement in the gambling business).

The article examines the content of theoretical and legal discussions regarding the concepts of «public order» and «public safety», analyzes various scientific approaches to these terms. The relevance of this scientific work is determined, firstly, by the increasing challenges and threats to the public security of the Russian Federation in modern socio- political realities. Secondly, there is still a wide pluralism of opinions in the scientific community regarding the content and correlation of these important legal phenomena. The main general scientific method of this research was dialectical, the application of which allowed for a comprehensive examination of public order and public safety as a state-legal phenomenon. The logical method in solving research problems consisted in applying the principles of formal logic to the explanation of legal conflicts. The use of the system analysis method contributed to the awareness of public order and public safety as complex systems in their internal structure, consisting of mutually related elements of legal theory and legal practice. Of the special methods of scientific research, the formal legal method has found application. Based on it, a study of legal events and textual sources was conducted, revealing various aspects and aspects of public order and public safety. This made it possible for the authors to interpret them in a logical sequence based on the use of special legal terms and formal constructions. The comparative legal method has taken a large place in solving the set research tasks. Thanks to the appeal to him, it became possible to systematically and comprehensively study the practice of ensuring public order and identifying the specifics of protecting public safety in various periods of the development of Russian statehood. Based on the understanding of the opinions common in Russian legal science, certain distinctive features of these concepts are highlighted. Based on the conducted research, it is stated that there is no unified approach to understanding the concept of «public safety» by domestic legal scholars. It is proved that the synthesizing components of the various formulations of these definitions are the recognition of the existence of an inextricable link between the rule of law, legality and lawful behavior of participants in certain legal relations.

Illegal gambling among adolescents often originates from seemingly innocuous online games but may escalate into severe gambling behaviors and further develop into secondary offenses. These offenses generate substantial threats to public safety, thereby underscoring the necessity of comprehensive responses not only by state authorities but also within the domain of private security. In particular, illegal sports gambling involving baseball and soccer, which enjoy widespread popularity among teenagers, can exert particularly detrimental effects. This study aims to empirically compare and analyze the differences between adolescents engaged in illegal sports gambling and those involved in general illegal gambling (including casinos, mini-games, card games, etc.) using data from the 2024 Adolescent Gambling Status Survey. Specifically, it investigates whether disparities exist in perceived gambling vulnerability between adolescents with experience in illegal sports gambling and those with experience in general illegal gambling. Furthermore, it examines the extent to which illegal sports gambling experience significantly impacts adolescents' actual vulnerability to gambling. The findings indicate a statistically significant difference in the mean gambling vulnerability scores between the two groups(mean score for the general illegal gambling group = 6.0 vs. 6.8 for the illegal sports gambling group; t=-3.65, p<0.05). Multiple regression analysis, after controlling for relevant covariates, identified that gender (male), age at initial gambling experience (+), peer pressure toward gambling (+), and illegal sports gambling experience (experienced group) are significant predictors of gambling vulnerability scores. Notably, adolescents with illegal sports gambling experience exhibit a significantly heightened perception of vulnerability compared to their counterparts involved in other forms of illegal gambling. Therefore, in order to prevent adolescent illegal gambling, it is necessary to implement preventive policies that incorporate not only individual counseling but also group-based counseling interventions.

Gambling type involvement, both in terms of participation (engagement in specific gambling types) and diversity (how many gambling types an individual engages in), is a key feature to address in gambling self-report measures, but such systematic measurement procedures are scarce. The aim of this study was to test the psychometric performance of the gambling type assessment in the recently developed Gambling Disorder Identification Test (GDIT), in terms of test-retest reliability, convergent validity, and patterns of gambling diversity, among help-seeking and general population gambling samples (total n = 603). Overall, online gambling was more commonly reported as problematic than land-based gambling. Retest reliability varied for specific gambling types (ICC range 0.32–0.64, rtet range 0.66–0.85). In terms of gambling participation, online gambling showed stronger correlations with GDIT total score (i.e., symptom severity) than land-based gambling, where Slots showed the strongest correlation (r = 0.52), followed by Casino table games (r = 0.25), Sports and Horse betting (r = 0.16 and r = 0.14, respectively), and Poker (r = 0.14). Lotteries showed no correlation with GDIT total score (r=-0,01). For Slots gambling, all gambling diversity levels (including Slots as a single gambling type) were on average associated with the highest diagnostic severity level (GDIT total score > 30; severe gambling disorder). Finally, explorative configural frequency analysis identified typical and antitypical gambling diversity patterns. The result from the current study corroborates findings that engagement in specific gambling types matter, and that such features should be included in gambling measurement. We conclude that the GDIT is a reliable and valid measure for systematic assessment of gambling type involvement. The GDIT can be used to assess gambling participation and diversity, as part of a broad measurement setup for problem gambling and gambling disorder.