The thesis is a complex scientific research aimed at solving such an important scientific and applied problem as substantiation of theoretical provisions and development of ways of improvement of domestic criminal legislation and its practice of application, aimed at increasing the effectiveness of criminal and legal protection of economic relations in the field of organization and conduct of gambling and lotteries.
Chapter 1 "Social conditionality of criminalization of acts under Articles 203-2 and 365-3 of the Criminal Code of Ukraine" is devoted to the study of the grounds and excuses for criminalization of the considered encroachments, as well as to the determination of whether the principles elaborated by the criminal legal doctrine were observed in the process of criminalization of corresponding acts.
It is substantiated that with the entry into force of the Law of July 14, 2020, the main direct object of criminal offense provided for by Art. 203-2 of the Criminal Code of Ukraine was changed. Previously - although it did not follow from the position of relevant prohibition in the system of the Special Part of the Criminal Code of Ukraine – it was the relations of morality whereas now - the established procedure for conducting from now on permitted economic activity in the field of organization and conduct of gambling and lotteries. Given that, it is concluded that, in contrast to the situation that exists today, the placement of Art. 203-2 of the Criminal Code of Ukraine to chapter VII of Special Part "Criminal offense in the field of economic activity" in 2010 was erroneous, because under the condition of the absolute prohibition on gambling the violation of such a prohibition should be regarded as an encroachment on relations of morality, to which, among other things, indicates the relevant foreign experience of criminal and legal counteraction to the studied socially dangerous manifestations.
On the basis of a comprehensive analysis of various provisions of the Law of July 14, 2020, which are devoted to defining the concept and features of gambling, a conclusion is made about their conflict nature, considering what it is indicated to the need for immediate coordination of relevant provisions of regulatory legislation.
It is proved the expediency of supplementing Chapter XVIII of Special Part of the Criminal Code of Ukraine "Criminal offence against justice" with a new Art. 372-1 on "Intentional concealment of criminal offense from the account" which, in contrast to Art. 365-3 of the Criminal Code of Ukraine, should concern not only the concealment from the account of one concrete criminal offense, but of any criminal offense which is developed by edition of the corresponding projected prohibition.
Chapter 3 "Subjective features of the composition of criminal offenses under Articles 203-2 and 365-3 of the Criminal Code of Ukraine" consistently defines the features of the subject and the content of the subjective side of the investigated group of criminal offence.
In particular, it was determined that the subject of the criminal offense envisaged in Art. 203-2 of the Criminal Code of Ukraine, is general, while the criminal offense, envisaged in Art. 365-3 of the Criminal Code of Ukraine is special.
It is established that the subjective side of the criminal offenses provided for in Articles 203-2 and 365-3 of the Criminal Code of Ukraine is characterized exclusively by direct intent. It is argued that it is necessary to exclude from the disposition of the projected norm on intentional concealment of criminal offense from the account (Article 372-1) a non-concretizing indication of the motive.
According to the results of the study, the relevant provisions of the criminal and law theory were developed, on the basis of which specific proposals for improving the legislation of Ukraine and the practice of its application were formulated.
