Legal status of business entities in the sphere of organization and conduct of gambling games

Issue: № 1, 2026

Doi: https://doi.org/10.37634/efp.2026.1.14

The subject of the paper is the legal status of business entities in the field of organizing and conducting gambling, its content and features. Consideration of issues of the topic should be based on the definition of legal status as a phenomenon of objective law, that is, the potential place of the general subject of the relevant legal relations. The following features of the studied legal entities were noted: their collective nature and the need for the status of a resident of Ukraine and a license for the latter. Business entities in the field of organizing and conducting gambling are distinguished into general, special, and local legal statuses, depending on the level of regulatory regulation. At the local level, the legal status of individual business entities in the studied area may also be determined by individual legal acts of the authorized body in the field of organization and conduct of gambling, as well as by such other local acts. The legal status of a business entity in relations with players can be specified, in particular, in the rules of the gambling organizer. The definition of the legal status of a business entity in the field of organizing and conducting gambling is provided. "Legal status of a business entity in the field of organizing and conducting AI" is a legal entity resident of Ukraine that has the necessary level of economic legal personality, which consists in having a license to conduct such activities, compliance with established organizational and legal, organizational and property, administrative, reputational and other requirements, and has a set of normatively established and formally enshrined rights, obligations of the general, special and local legal level, as well as liability for failure to comply with such obligations. In addition, attention is focused on the negative nature of editing legal status through special regulatory acts under martial law.

Keywords : gambling, business entity, legal status, public relations, gambling organizer, rights and obligations, legal personality

References:

1. Kyrpichenkova O., Lytvynets L., Ushchapovsky A. The impact of legalization of gambling on the development of the hotel industry. Economy and Society. 2023. No. 51. URL: https://economyandsociety.in.ua/index.php/journal/article/view/2500 (in Ukrainian).

2. Makarchuk V.V. The concept of "legal status of a person" in theoretical and legal literature. Pravo.ua. 2015. No. 3. pp. 18-22.(in Ukrainian).

3. Panchyshyn A.V. The concept, features and structure of the category "legal status". Journal of the Kyiv University of Law. 2010. No. 2. pp. 95-98.(in Ukrainian).

4. Stepanova T.V. On the correlation of the concept of "legal status" and related categories. Law-governed state. 2015. No. 19. pp. 35-40.(in Ukrainian).

5. Yakymchuk N. The concepts of "legal status", "legal position", "legal modus" and "legal regime": theoretical and legal analysis. Bulletin of the National Academy of the Prosecutor's Office of Ukraine. 2013. No. 3. pp. 11-18.(in Ukrainian).

6. On state regulation of activities related to the organization and conduct of gambling: Law of Ukraine dated 14.07.2020 No. 768-IX. URL: https://zakon.rada.gov.ua/laws/show/768-20#Text (in Ukrainian).

7. Soich O.V. Collective entities as a special type of legal entities. Lawful State. 2018. No. 32. pp. 44–50.(in Ukrainian).

8. Serdyukov O.S. Requirements for organizers of gambling games: foreign and domestic experience. Scientific notes. Series: Law. 2022. No. 12. URL: https://pravo.cusu.edu.ua/index.php/pravo/article/view/189 (in Ukrainian).

9. Commercial Code of Ukraine dated 16.01.2003 No. 436-IV (repealed by Law No. 4196-IX dated 09.01.2025). URL: https://zakon.rada.gov.ua/laws/show/436-15#Text (in Ukrainian).

10. KRAIL draws attention to the entry into force of the Regulation on the implementation of financial monitoring by primary financial monitoring entities, the state regulation and supervision of which is carried out by the Ministry of Finance of Ukraine. URL: https://www.gc.gov.ua/ua/InfoNormReg/35542.html (in Ukrainian).

11. Popadynets G.O. Peculiarities of the legal status of business entities in the sphere of economic legal relations. Current problems of domestic jurisprudence. 2018. No. 2. Volume 1. P. 39-42.(in Ukrainian).

12. Pochynok K., Syrovets M. Analysis of the concept of "economic competence" in the legal dimension. Young scientist. 2021. No. 5 (93). P. 124-127.(in Ukrainian).

13. On the practice of using terms, words and phrases in jurisprudence. Liga Zakon. URL: https://ips.ligazakon.net/document/TS000178 (in Ukrainian).

14. On the prohibition of gambling in Ukraine: Law of Ukraine dated 15.05.2009 No. 1334-VI (repealed by Law No. 768-IX dated 14.07.2020). URL: https://zakon.rada.gov.ua/laws/show/1334-17#Text (in Ukrainian).

15. On approval of requirements for combating severe gambling addiction (ludomania): Resolution of the Cabinet of Ministers of Ukraine; Requirements dated 29.10.2025 No. 1370. URL: https://www.kmu.gov.ua/npas/pro-zatverdzhennia-vymoh-shchodo-borotby-z-vyrazhenoiu-ihrovoiu-zalezhnistiu-ludomaniieiu-k1370 (in Ukrainian).

16. Regarding countering the negative consequences of the functioning of gambling on the Internet: Decision of the National Security and Defense Council of Ukraine dated April 20, 2024 (enacted by Decree of the President of Ukraine dated April 20, 2024 No. 234/2024). URL: https://zakon.rada.gov.ua/laws/show/n0005525-24#Text (in Ukrainian).

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