The dissertation is focused on a comprehensive solution of scientific and practical problems of administrative-legal regulation of gambling. The work substantiates a number of new provisions that expand the understanding of the purpose, goals and principles of administrative and legal regulation in the field of organization and conduct of gambling, highlight the foreign experience of such regulation and outline the prospects for its implementation in domestic lawmaking practice.
The dissertation emphasizes the importance of building a clear understanding of the purpose and objectives of administrative and legal regulation of the organization and conduct of gambling, which is a prerequisite for an objective assessment of its effectiveness, for directing its development processes in line with the State legal policy, and for identifying its general patterns and specifics of its implementation.
Based on the generalization of the leading doctrinal concepts, provisions of current legislation and the practice of its application, it is proved that the main purpose of administrative and legal regulation in the field of organization and conduct of gambling is to create legal conditions for effective public administration of this area, sustainable economic development of the State and its regions, establishment of the principles of economic diversity, realization of private and public economic interests, unhindered exercise of property rights and the right to entrepreneurial activity.
As part of this goal, the author identifies a list of specific objectives of administrative and legal regulation of organization and conduct of gambling, which are correlated with the main functions of administrative law and priority areas of state policy in the field of gambling.
The author proves that administrative and legal regulation of this area of public relations is based on a system of general principles of law, sectoral principles of administrative and legal regulation, and also special principles inherent in administrative and legal regulation of organization and conduct of gambling.
A comprehensive analysis of the legislative acts which define the legal, economic, social and organizational conditions for the functioning of the gambling sector, the principles of state regulation of economic activity in this area, the mechanisms for preventing and counteracting legalization (laundering) of proceeds from crime, the principles for preventing the impact of corruption offenses on the results of official sports competitions, the rules for collecting taxes and fees in the gambling business, the grounds and procedures for bringing to justice, and the role of the state in the regulation of gambling activities is carried out.
The author makes a systemic and functional characterization of the subjects of administrative and legal regulation of gambling, and analyzes the legal and organizational aspects of their regulatory activities. It is found that the system of such subjects includes: The Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, and the central executive body responsible for state regulation of activities in the field of organization and conduct of gambling and lotteries.
A comparative analysis of the national systems of administrative and legal regulation of organization and conduct of gambling in Bulgaria, Poland, Slovakia and Hungary is carried out. It is substantiated that given the significant progress of these countries towards Europeanization of national legislation (in particular, gambling legislation), their experience is of considerable interest to modern Ukraine, which is persistently pursuing the course of European integration. In particular, consideration of the best European practices is an important element of broad regulatory adaptation to the key elements of the EU acquis, as provided for in the Preamble to the EU-Ukraine Association Agreement.
The study of foreign experience in administrative and legal regulation of organization and conduct of gambling allowed the author to assess the prospects for implementation in Ukraine of the most effective models of public administration, organization and conduct of gambling, to identify the main trends and patterns of development of gambling legislation in different countries, to trace their correlation with the processes of European integration and Europeanization of national legal systems, to find out the origins of existing problems and to find the best ways to solve them.
The author substantiates the need to determine the priority areas of administrative and legal regulation of gambling, which should be the basis for all legal and organizational measures, rule-making and law enforcement, state and public control, establishment and implementation of legal restrictions, as well as any other activities related to public administration, organization and conduct of gambling.
