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LAW OF UKRAINE

of July 14, 2020 No. 768-IX

About state regulation of activities for the organization and carrying out gamblings

This Law determines the legal basis of implementation of state regulation of economic activity in the field of the organization and carrying out gamblings in Ukraine, determines legal, economic, social and organizational operating conditions of gamblings.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) gambling - any game, condition of participation in which is introduction by the player of rate which grants the right to prize (prize), probability of obtaining and which size fully or partially depends on accident, and also knowledge and skill of the player;

2) gamblings of casino - cylindrical games (roulette), card plays (including game in poker), dicings, games on gaming machines;

3) bookmaker activities - economic activity on the organization and carrying out bet (bookmaker bets and bet of totalizator) in bookmaker Items and/or on the Internet;

4) bookmaker bet - the bet concluded between the player (players) and the organizer of bookmaker activities;

5) bookmaker Item - the certain room or part of the room which is to one address in which rates are accepted and/or are paid prizes in bet (bookmaker bet and bet of totalizator);

6) brand of the organizer of gamblings - set of quality characteristics which give the chance to any person to differentiate organizers of gamblings; in particular, signs for goods and services, corporate (corporate) style, the name, the commercial name, logo, other intellectual property items;

7) the website of the organizer of gamblings - one website or set of web pages through which the organizer of gamblings with use of only one brand of the organizer of gamblings, perform activities on the Internet;

8) prize (prize) - the means, property, property rights which are subject to payment (issue) to the player in case of his prize in gambling according to promulgated rules of carrying out such gambling;

9) payment - financial transaction on payment (return) to the player relied by it in bet in the cases provided by rules of carrying out bet (bookmaker bet or bet of totalizator);

10) responsible game - the basic principle of the organization and carrying out gamblings which assumes implementation by organizers of gamblings of measures to the prevention and minimization of negative effects of participation of physical person in gambling, and also the actions directed to the organization of self-restrictions and self-checking for players;

11) prize percent - average percent of the amount of the rates received from players which returns to the player as prize (prize) when carrying out one million games;

12) virtual game - the game which is set of the virtual events created by means of the gambling equipment or mechanical technical means which result is in advance unknown and for which outcome the player or the organizer of gamblings have no opportunity to affect;

13) random number generator - the component (the device, the software module including removed) of gaming machines and online systems of organizers of gamblings which during gamblings using the specified systems, the gaming equipment creates the sequence of the numbers which are not connected among themselves and provides accidental nature of prize (prize);

14) card play - game which result is determined depending on certain combination of playing cards according to rules of carrying out the corresponding gambling;

15) dicing - game which result is determined depending on certain combination of numbers (symbols, signs) which drops out on bones, according to rules of carrying out the corresponding gambling. Bones for the purposes of this Law are understood as any thing which is used for dicing and contains the corresponding symbols or signs;

16) game on the gaming machine - the gambling held with use of the gaming machine and in which the probability of prize (prize) and its size are determined by random number generator;

17) the player - the physical person which at the time of participation in gambling reached 21-year age is capable, is not in the Register of persons which limits access to gambling institutions and/or participation in gamblings, and at own will takes part in gambling;

18) the gaming equipment - online system of the organizer of gamblings, gambling table (including with roulette ring), the gaming machine, other special mechanical, electric, electronic or other technical equipment or the device intended and/or used for the organization and/or carrying out gamblings;

19) the gaming machine - the special technical equipment intended and/or used for carrying out gamblings which result is determined without participation of workers of the organizer of gamblings or other persons only by use of random number generator. If the gaming machine provides possibility of simultaneous holding game on it two or more players, for the purposes of licensing such gaming machine is considered respectively two or more gaming machines, depending on the number of players who at the same time can gamble on it;

20) gambling institution - gambling institution of casino, the slot machine hall, bookmaker Item;

21) gambling institution of casino - one or several non-residential premises or their part located at one address in which gamblings of casino are held and services of public catering can be provided;

22) the game hall - the isolated room which is component of gambling institution, intended only for placement of game tables and/or gambling tables with roulette ring, and/or gaming machines and carrying out gamblings;

23) game table - specially equipped table with one game field on which regardless of the number of players only one session of one gambling in which the organizer of gamblings acts as the player through the representatives or the observer can be made at the same time. If the game table contains two or more workplaces of the worker of the organizer of gamblings that twice or increases possibility of holding game at such game table more, for the purposes of licensing such gaming equipment is considered two or more game tables respectively;

24) gambling table with roulette ring - specially equipped table with one game field and the device put in action by the representative of the organizer of gambling and on which only one session of game in cylindrical game (roulette) with one or several players can be made at the same time;

25) the State system of online monitoring - the specialized hardware and software system intended for ensuring implementation of monitoring of economic activity of organizers of gamblings, ensuring compliance to licensed conditions and technical standards; obtaining or information transfers in real time from (k) corresponding gambling equipment through the Internet or other communication channels, collection, processings, accumulatings and registration of information on the accepted rates, the paid prizes (prizes), effected payments and other transactions connected with the organization and carrying out gamblings, ensuring information security from loss, plunders, misstatements, counterfeits, unauthorized actions for its destruction, modification, copying and so forth from unauthorized access through the Internet, and also for ensuring the principle of responsible game;

26) jackpot - the maximum prize (prize) provided by rules of carrying out gamblings which size is established by the organizer of gamblings or is determined by it depending on total quantity of the rates brought by players;

27) the slot machine hall - one or several non-residential premises or their part located at one address in which based on the corresponding license activities for the organization and carrying out gamblings with use of gaming machines are performed;

28) game substitute of hryvnia - game appliance in gamblings, in particular, the monetovidny badge, counter, counter or electronic card, and also the electronic cash substitute containing information on its nominal which gives the chance to rely in gambling and is acquired in exchange for cash on hand of the organizer of gamblings, and after completion of gambling is subject to return to cash desk for its exchange for the corresponding cash equivalent;

29) identification card of the player - the material or electronic means containing information which gives the chance to the worker of the organizer of gamblings to determine age and to identify person who shows it. The form and procedure for issue of identification card are established by the organizer of gamblings;

30) hippodrome - the complex of constructions for testing of rysisty and race horses and holding horse-racing competitions, has the running and race ring closed paths (circle), the building with stands for the audience and judicial tower;

31) cash desk - the place in which sale (issue) and exchange of game substitutes of hryvnia, electronic cash substitutes, replenishment of game accounts, acceptance of rates from players, payment (issue) of prizes (prizes) by results of carrying out gambling and other actions are performed;

32) the client account of the player - part of online system of the organizer of gamblings which provides the player with the complete information about its actions the agreements signed with the organizer of gamblings, balance of electronic cash substitutes and also contains information necessary for identification of the player;

33) the line of events - the list of events determined by the organizer of bookmaker activities which rather possible outcome bets can consist;

34) the license - entry in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming about the decision of body of licensing concerning availability at the subject of managing of the right to implementation of the type of activity determined by it which is subject to licensing, and/or about the decision of body of licensing concerning availability at the subject of managing of the right to use the gambling equipment or bookmaker Item which assumes receipt of the license;

35) mobile (program) application (further - mobile application) - the computer program (software) intended for work on mobile devices by means of which through online system activities for the organization and carrying out gamblings are performed;

36) online system of the organization and carrying out gamblings (online system) - set technical, program and software and hardware which provides (including on the Internet) the organization and carrying out gamblings, data collection about the accepted rates, their accounting and registration, determination, accounting and payment of prizes (prizes), and also implementation of other transactions connected with the organization and carrying out gamblings and storage of the relevant information;

37) the organizer of gamblings - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform the type of activity specified in such license on the organization and carrying out gamblings according to requirements of this Law;

38) the organizer of gamblings in slot machine halls - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform activities for the organization and carrying out gamblings in slot machine halls according to this Law;

39) the organizer of gamblings of casino on the Internet - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform activities for the organization and carrying out gamblings of casino on the Internet according to this Law;

40) the organizer of bookmaker activities - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform activities for the organization and carrying out bookmaker activities in bookmaker Items and/or on the Internet according to this Law;

41) the organizer of game in poker on the Internet - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform activities for the organization of game in poker in the Internet (online poker) according to this Law;

42) the organizer of casino - the legal entity - the resident of Ukraine which based on the obtained license has the right to perform economic activity on the organization and carrying out gamblings in gambling institution of casino according to this Law;

43) bet - the gambling consisting in the conclusion according to the rules of bet of the agreement between the player (players) and the organizer of bookmaker activities (bookmaker bet) approved by the organizer of bookmaker activities or between two or more players among themselves (in vapor of totalizator) rather previously unknown outcome of event or events and on which result the player (players) and/or the organizer of bookmaker activities have no opportunity to affect;

44) totalizator bet - the bet of players among themselves organized by the organizer of bookmaker activities;

45) event - sporting, cultural, social and political, entertaining, competitive event or its episode, other real action or its episode which result is in advance unknown and for which outcome the player or the organizer of bookmaker activities have no opportunity to affect;

46) poker - gambling in cards with incomplete information which result is determined depending on certain combination of playing cards according to rules of carrying out the corresponding gambling;

47) rules of the organizer of gamblings - the local act approved by the organizer of gamblings which determines by each separate type of activity established by part one of article 2 of this Law, the detailed description of procedure and features of implementation of such activities of the organizer of gamblings (including procedure for determination of result of gamblings, calculation and implementation of payments of prizes (prizes), conditions of interaction of the organizer of gamblings with players and other persons) and other conditions which are stipulated by the legislation;

48) the software which is directly used in the field of the organization and carrying out gamblings, - the software intended for data collection about the accepted rates, their accounting and registration, determination, accounting and payment of prizes (prizes), forming of databases and also for determination of result of gambling, including calculation of the amount of prize (prize). The random number generator, any software which enters and/or is part of online system of the organizer of gamblings also belongs to such software;

49) the Register of organizers of gamblings in slot machine halls - the open database containing information on organizers of gamblings in slot machine halls, the list of their gambling halls and information on the gaming machines established in such slot machine halls (with indication of the corresponding addresses);

50) the Register of organizers of gamblings of casino - the open database containing information on organizers of casino, the list of their gambling institutions of casino (with indication of the corresponding addresses);

51) the Register of organizers of gamblings of casino on the Internet - the open database containing information on organizers of casino through the Internet (with indication of the corresponding addresses) and the list of their websites through which the organization and carrying out gamblings of casino on the Internet is performed;

52) the Register of organizers of bookmaker activities - the open database containing information on organizers of bookmaker activities, the list of bookmaker Items through which organizers of bookmaker activities perform the activities (with indication of the corresponding addresses) and/or the list of websites through which organizers of bookmaker activities perform the organization and carrying out activities on the Internet;

53) the Register of organizers of game in poker - the open database containing information on organizers of game in poker, the list of their websites through which organizers of game in poker perform the organization and carrying out gamblings in poker on the Internet;

54) the Register of persons which limits access to gambling institutions and/or participation in gamblings, - the database containing information on physical persons to whom according to the submitted applications or visit of gambling institutions and participation in gamblings is by a court decision limited;

55) monitoring system of gaming machines - the special technical equipment and/or hardware and software system intended for connection of gaming machines to online system of the organizer of gamblings and the state system of online monitoring for the purpose of obtaining or information transfer in real time from (k) corresponding gaming machine through the Internet or other communication channels, collection, processing, accumulating and registration of information on the accepted rates and the paid prizes (prizes);

56) special gambling zone - the territory determined according to this Law for the organization and carrying out gamblings in gambling institutions of casino, gamblings in slot machine halls, bookmaker activities through bookmaker Items;

57) sports poker - sports game which is held in the form of tournaments (except tournaments on online poker) and for participation in which all players bring fixed rates (starting fees) constituting prize fund from which payments of prizes (prizes) to the winner (winners) depending on the place in game on which the player finished game are performed;

58) rate - the money or game substitute of hryvnia given by the player to the organizer of gambling which is condition of participation in gambling and proceeding from which size according to rules of such gambling the size of prize (prize) is determined;

59) subjects of certification are foreign and/or Ukrainian subjects of managing which can perform the certification and inspection of the gaming equipment according to the law accredited by national authority of Ukraine on accreditation or accreditation of which by foreign accreditation body is recognized based on the international treaty of Ukraine, on compliance to requirements of the ISO/IEC 17020 standards (GSTU ISO/IEC 17020) and ISO/IEC 17025 (GSTU ISO/IEC 17025) or other standards with which they were replaced, on work on certification and inspection of the gambling equipment;

60) tournament on poker - form of the organization of game in sports poker;

61) cylindrical game (roulette) - gambling which players, determining combinations of numbers, symbols, flowers or other signs by means of the device which rotates, win depending on the size relied by them and the coefficient of calculation of the amount of prize (prize) established prior to the game.

2. The terms "faultless goodwill", "essential participation", "final beneficial owner", "due diligence", "official document" are used in this Law in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

3. The term "certification" is used in this Law in the value given in the Law of Ukraine "About technical regulations and assessment of conformity", the term "close persons" - in the value given in the Law of Ukraine "About prevention of corruption".

Article 2. Activities in the field of the organization and carrying out gamblings

1. In the territory of Ukraine it is allowed to organize and carry out only such types of activity in the field of the organization and carrying out gamblings:

1) the organization and carrying out gamblings in gambling institutions of casino;

2) the organization and carrying out gamblings of casino on the Internet;

3) the organization and carrying out bookmaker activities in bookmaker Items and on the Internet;

4) the organization and carrying out gamblings in slot machine halls;

5) the organization and carrying out gamblings in poker on the Internet.

The types of activity determined by this part in the field of the organization and carrying out gamblings in the territory of Ukraine can be carried out exclusively in the presence at the subject of managing of the corresponding licenses provided by this Law with use of the online monitoring of the gaming equipment and online systems of organizers of gamblings certified according to this Law and connected to the State system.

2. Subjects of managing - residents of Ukraine have the right to provide delivery services and/or to provision of the software which is directly used in the field of the organization and carrying out gamblings including, but is not exclusive, to the organizers of gamblings and nonresidents of Ukraine having foreign license for activities in the field of gamblings is exclusive based on the license on provision of services in the field of the organization and carrying out gamblings.

3. Any game in which there is, at least, no one of the following signs is not considered gambling:

1) rate availability;

2) possibility of obtaining or non receipt of prize (prize);

3) the probability of prize (prize) and its size fully or partially depends on accident.

4. In the territory of Ukraine it is forbidden to carry out any other types of activity in the field of the organization and carrying out gamblings, except provided by part one of this Article.

5. Do not treat gamblings:

1) the organization and carrying out creative tenders, sports competitions, despite the fact that, is provided or the cash or property prize is not provided by conditions;

2) playing billiards, game in size (bowling) and other games held without receipt of prize (prize) by the player;

3) game on "crane machine" submachine guns (two-coordinate automatic machines) where as prize (prize) the player receives exclusively corporeal objects (toys, candies and so forth);

4) release and carrying out lotteries;

5) organization and holding sports poker.

6. In Ukraine it is also forbidden:

1) to hold gamblings and to place gambling institutions in temporarily occupied territory of Ukraine;

2) to organize and hold gamblings to persons who did not obtain in the procedure established by the law the license for implementation of the corresponding type of economic activity in the field of the organization and carrying out gamblings;

3) to organize and hold gamblings which do not conform to requirements of this Law, and also out of gambling institutions (except the gamblings held on the Internet);

4) to hold the gamblings without use of online system of the organizer of gamblings connected by communication channels with the State system of online monitoring in cases when use of such system is obligatory for the organizer of gamblings according to this Law;

5) to use not certified gaming equipment for carrying out gamblings, in cases when the Authorized body establishes the requirement about certification of such equipment.

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