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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 21, 2020 No. 1341

About approval of licensed conditions in the field of the organization and carrying out gamblings

According to part three of Article 45 and part one of article 47 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" the Cabinet of Ministers of Ukraine decides:

1. Approve such which are applied:

Licensed conditions of implementation of activities in the field of the organization and carrying out gamblings in gambling institutions of casino;

Licensed conditions of implementation of activities in the field of the organization and carrying out gamblings in slot machine halls;

Licensed conditions of implementation of activities in the field of the organization and carrying out bookmaker activities in bookmaker Items and on the Internet;

Licensed conditions of implementation of activities in the field of the organization and carrying out gamblings of casino on the Internet;

Licensed conditions of implementation of activities in the field of the organization and carrying out gamblings in poker on the Internet.

2. Determine that before implementation of electronic interaction the Register of organizers of gamblings in gambling institutions of casino, the Register of organizers of gamblings of casino in the Internet, the Register of organizers of bookmaker activities, the Register of organizers of gamblings in slot machine halls, the Register of organizers of game in poker on the Internet with the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming according to the Regulations on electronic interaction of the state electronic information resources approved by the resolution of the Cabinet of Ministers of Ukraine of September 8, 2016 No. 606 "Some questions of electronic interaction of the state electronic information resources" (The Official Bulletin of Ukraine, 2016, No. 73, the Art. 2455), and to the Procedure for the organization of electronic information exchange of the state electronic information resources, to No. 357 "Some questions of the organization of electronic interaction of the state electronic information resources" approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 (The Official Bulletin of Ukraine, 2018, No. 41, of the Art. 1450), during licensing of economic activity on the organization and carrying out gamblings decision making by the Commission on regulation of gamblings and lotteries, issue of licenses, leaving of the documents filed for receipt of the license without consideration, refusal in licensing, cancellation of the license are performed without use of software of maintaining the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming by placement on the website of said commission of information on the made decisions, including on the decision 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 availability at the subject of managing of the right to use the gambling equipment or bookmaker Item which assumes receipt of the license.

3. This resolution becomes effective from the date of its publication, except provisions of licensed conditions on certification of the gambling equipment which become effective after establishment by the Commission on regulation of gamblings and lotteries of the list of the companies (organizations, laboratories) which carry out certification of the gaming equipment which is subject to certification and certificates which automatically are recognized Ukraine, but no later than January 1, 2021, and provisions of licensed conditions of rather State system of online monitoring which become effective from the date of putting into operation of the State system of online monitoring by the relevant decision of the Commission of regulation of gamblings and lotteries, but not later than in two years from the date of entry into force of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings". After commissioning of the State system of online monitoring organizers of gamblings shall connect the gaming equipment to such State system within six months from the date of input it in operation.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 21, 2020 No. 1341

Licensed conditions of implementation of activities in the field of the organization and carrying out gamblings in gambling institutions of casino

General questions

1. These Licensed conditions are developed according to the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" and establish the exhaustive list of the documents enclosed to the application for receipt of license for activities on the organization and carrying out gamblings in gambling institutions of casino, the license for gambling table and/or gambling table with ring of roulette, the license for the gaming machine, the investment license and also the exhaustive list of the requirements obligatory for accomplishment during implementation of the specified activities

2. Action of these Licensed conditions extends to all legal entities performing activities in the field of the organization and carrying out gamblings in gambling institutions of casino and on job seekers of licenses.

In the field of the organization and carrying out gamblings in gambling institutions of casino the organizer of gamblings who obtained license for activities on the organization and carrying out gamblings in gambling institutions of casino or the investment license, and also the license for gambling table and/or the license for gambling table with ring of roulette and the license for the gaming machine has the right to implementation of activities. At the same time each game table, each gambling table with ring of roulette and each gaming machine are subject to licensing.

The investment license is granted by body of licensing on condition of construction by the applicant of hotel complex of category "five stars" with the number of rooms at least 200 numbers (in Kiev) or 150 numbers in other cities and grants the right to perform the organization and carrying out gamblings in gambling institutions of the casino placed in such hotel complex.

In case of implementation of separate investment projects on the organization and carrying out gamblings of casino for the decision of the Cabinet of Ministers of Ukraine provisions of part three of article 26 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" are not applied. The organization and carrying out gamblings according to part five of article 26 of the specified Law are performed based on the investment license.

3. Terms in these Licensed conditions are used in such value:

the license applicant (applicant) - the legal entity who addressed in the procedure established by the legislation to body of licensing with the statement for receipt of license for activities on the organization and carrying out gamblings in gambling institutions of casino and/or the license for gambling table, and/or gambling table with roulette ring, and/or licenses for the gaming machine, and/or the investment license;

the licensee (the organizer of gamblings) - the legal entity having the license;

licensed case - single set of documents electronically on electronic media of information (or electronically on electronic media of information and on papers if the applicant submitted the application and documents on papers) concerning the corresponding license applicant (applicant) or the licensee who are given them and/or arrive in body of licensing from public authorities, legal entities, physical persons or accepted by body of licensing as a result of realization of the powers according to the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings";

the place of implementation of activities - gambling institution of casino in the territory of special gambling zone within which the organizer of gamblings in gambling institutions of casino performs activities in the field of the organization and carrying out gamblings in gambling institutions of casino.

Other terms are used in the value given in the Laws of Ukraine "About state regulation of activities for the organization and carrying out gamblings", "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".

4. The commission on regulation of gamblings and lotteries is body of licensing of activities in the field of the organization and carrying out gamblings in gambling institutions of casino (further - body of licensing).

5. The licensee shall fulfill requirements of these Licensed conditions, and the license applicant for its obtaining - it to answer.

Requirements of these Licensed conditions concern each organizer of gamblings who shall carry out them concerning each place of implementation of activities in the field of the organization and carrying out gamblings in gambling institutions of casino.

Activities in the field of the organization and carrying out gamblings in gambling institutions of casino can be conducted exclusively in the presence at legal entities of the corresponding licenses with use certified (according to the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings") and the online monitoring of the gaming equipment and online systems of organizers of gamblings connected to the State system.

The licensee provides implementation of activities in the field of the organization and carrying out gamblings in gambling institutions of casino only in the place of its implementation specified in the documents submitted to body of licensing.

6. Implementation of activities for the organization and carrying out gamblings in gambling institutions of casino is performed based on the following license types:

1) license for activities on the organization and carrying out gamblings in gambling institutions of casino;

2) the license for gambling table and/or the license for gambling table with roulette ring;

3) license for the gaming machine;

4) investment license.

The license for gambling table and/or gambling table with roulette ring, on the gaming machine is issued by body of licensing on effective period of license for activities on the organization and carrying out gamblings in gambling institutions of casino or the investment license.

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.

The license applicant, the licensee cannot be directly or indirectly under control (in the value given in article 1 of the Law of Ukraine "About protection of the economic competition") residents of the states performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine") and/or actions of which create conditions for emergence of the military conflict and use of military force against Ukraine, and/or cannot act for the benefit of such persons.

The license applicant, the licensee and/or the related persons cannot treat persons whose activities are limited or prohibited according to the Law of Ukraine "About sanctions".

The license grants the right to use only one brand of the organizer of gamblings according to the rules established by the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings".

7. Documents are filed to body of licensing and turn out from it at the choice of the license applicant by the method determined by these Licensed conditions.

Documents for receipt of the license can be submitted to body of licensing at the choice of the license applicant:

purposely;

the mailing with the inventory of attachment;

electronically with registration according to requirements of the legislation in the field of electronic document management.

8. For receipt of the license the license applicant submits to body of licensing the application in form according to appendix 1.

Concerning receipt of the license of each type the separate application is submitted.

The statement for receipt of the license shall contain such data:

name, location, bank details, identification code of the applicant;

the type of economic activity specified in part one of article 2 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" on which implementation the license applicant intends to obtain the license;

license type which the applicant intends to receive;

information on legal basis of use of online system of the organizer of gamblings;

information on brand of the organizer of gamblings which are going to be used for the organization and carrying out gamblings in gambling institutions of casino.

9. On the organization and carrying out gamblings in gambling institutions of casino are applied to the statement for receipt of license for activities:

1) verified copies of constituent documents of the applicant;

2) the original or properly verified copy of the statement from the corresponding bank, judicial or trade register concerning the founder (participant) of the applicant whose date of issue does not exceed 90 calendar days about day of filing of application about receipt of the license if founder (participant) of the applicant is the foreign legal entity;

3) the original or properly verified copy of the document issued by the independent auditor who acts according to the Law of Ukraine "About financial records audit and auditor activities" which confirms completeness of forming of the authorized (constituted) capital;

4) the original or properly verified copy of documents which are confirmed by sources of origin of the means used for forming of the authorized (constituted) capital including the financial reporting of legal entities of founders (participants) or tax statements of physical persons - founders (participants) of the legal entity who intends to perform activities in the field of the organization and carrying out gamblings in gambling institutions of casino;

5) the original or properly verified copy of the document, the confirming power of the person which signed the application for receipt of the license;

6) the original or properly verified copy of the certificate of lack of criminal record in Ukraine and the state of nationality of heads, chief accountant or person to who the obligation of conducting financial accounting, owners of essential participation and final beneficial owners of the applicant is assigned;

7) the original or properly verified copies of the documents confirming the property right (uses), either the original or properly verified copy of the provisional agreement providing such right and characteristics of the room in which the organizer of gamblings is going to perform activities;

8) the original or properly verified copy of the documents confirming compliance of rooms to requirements the established Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings";

9) properly verified copies of documents and/or information confirming compliance of the territory of special gambling zone within which the organization and carrying out gamblings in gambling institution of casino, to the requirements established by part three of article 26 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings", and territorial special game zone within which the organization and carrying out gamblings in gambling institution of casino, to the requirements established by part four of article 26 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" in addition to filing of application about receipts of the investment license will be performed will be performed;

10) properly verified copies of the documents confirming the rights of the applicant or his founder (participant) to the corresponding brand of the organizer of gamblings and brand other information which is going to be used for the organization and carrying out gamblings;

11) the data necessary for receipt of the license, in form according to appendix 2;

12) information on absence over the license applicant directly or indirectly of control (in the value given in article 1 of the Law of Ukraine "About protection of the economic competition") residents of the foreign states performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine") and/or actions of which create conditions for emergence of the military conflict and use of military force against Ukraine, and information that the license applicant does not act for the benefit of such persons. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

13) information that the license applicant and/or the related persons do not treat persons whose activities are limited or prohibited according to the Law of Ukraine "About sanctions". Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

14) information that heads, the chief accountant, owners of essential participation and final beneficial owners of the license applicant have faultless goodwill and are not citizens of the state recognized according to the law as the state invader and/or the acknowledged state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

15) information that members (shareholders) of the license applicant are not final beneficial owners of resident of the foreign state recognized according to the law as the state invader and/or the state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

16) information that the license applicant does not own directly or indirectly (through other physical person or legal entity) any share of resident of the foreign state recognized according to the law as the state invader and/or the state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

17) information that the license applicant has among participants (founders, shareholders) no the legal entities registered in the states (territories) brought in the list of the states (jurisdictions) which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of the weapons of mass destruction created according to the procedure, determined by the Cabinet of Ministers of Ukraine on the basis of the conclusions of the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction, and promulgated on the official website of Gosfinmonitoring. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

18) structure of property of the license applicant and information of rather final beneficial owner of the license applicant who is the legal entity including the final beneficial owner of its founder, if the founder - the legal entity, namely: surname, name, middle name (in the presence), birth date, the country of nationality, series and passport number of the citizen of Ukraine or the passport document of the foreigner, residence, registration number of accounting card of the taxpayer (in the presence), and also full name and identification code (for resident) the founder of the legal entity in whom this person is final beneficial owner, nature and degree (level, degree, share) of beneficial ownership (benefit, interest, influence). In case of absence at the license applicant of the final beneficial owner, including the final beneficial owner of its founder if the founder - the legal entity, the reasonable reason of its absence is represented. Such structure of property moves in form according to appendix 8.

With ring of roulette are applied to the statement for receipt of the license for gambling table and/or gambling table:

the original or properly verified copy of the document, the confirming power of the person which signed the application for receipt of the license;

the data necessary for receipt of the license in form according to appendix 2;

the original or properly verified copies of the documents confirming certification of game tables and/or gambling tables with roulette ring.

Are enclosed to the application for receipt of the license for the gaming machine:

the original or properly verified copy of the document, the confirming power of the person which signed the application for receipt of the license;

the data necessary for receipt of the license in form according to appendix 2;

the original or properly verified copies of the documents confirming certification of gaming machines and the property right of the applicant to them, and the original or properly verified copies of the documents confirming the property right (use) to rooms, or the provisional agreement providing such right which will be used as gambling institution.

Are enclosed to the application for receipt of the investment license:

verified copies of constituent documents of the applicant;

the original or properly verified copy of the statement from the corresponding bank, judicial or trade register concerning the founder (participant) of the applicant whose date of issue does not exceed 90 calendar days about day of filing of application about receipt of the license if founder (participant) of the applicant is the foreign legal entity;

the original or properly verified copy of the document issued by the independent auditor who acts according to the Law of Ukraine "About financial records audit and auditor activities" which confirms completeness of forming of the authorized (constituted) capital;

the original or properly verified copy of the document which confirms sources of origin of the means used for forming of the authorized (constituted) capital including the financial reporting of legal entities of founders (participants) or tax statements of physical persons - founders (participants) of the legal entity who intends to perform activities in the field of the organization and carrying out gamblings in gambling institutions of casino;

the original or properly verified copy of the document, the confirming power of the person which signed the application for receipt of the license;

the original or properly verified copy of the certificate of lack of criminal record in Ukraine and the state of nationality of heads, chief accountant or person to who the obligation of conducting financial accounting, owners of essential participation and final beneficial owners of the applicant is assigned;

the original or properly verified copies of the documents confirming the property right (uses), either the original or properly verified copy of the provisional agreement which provides acquisition of property right (uses), with indication of in such document of characteristics of the room in which the organizer of gamblings is going to perform activities;

the original or properly verified copy of the documents confirming compliance of rooms to requirements the established Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings";

properly verified copies of documents and/or information confirming compliance of the territory of special gambling zone within which the organization and carrying out gamblings in gambling institution of casino, to the requirements established by part three of article 26 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings", and territorial special game zone within which the organization and carrying out gamblings in gambling institution of casino, to the requirements established by part four of article 26 of the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings" in addition to filing of application about receipts of the investment license will be performed will be performed;

properly verified copies of the documents confirming the rights of the applicant or his founder (participant) to the corresponding brand of the organizer of gamblings and brand other information which is going to be used for the organization and carrying out gamblings;

the data necessary for receipt of the license, in form according to appendix 2;

information on absence over the license applicant directly or indirectly of control (in the value given in article 1 of the Law of Ukraine "About protection of the economic competition") residents of the foreign states performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine") and/or actions of which create conditions for emergence of the military conflict and use of military force against Ukraine, and information that the license applicant does not act for the benefit of such persons. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

information that the license applicant and/or the related persons do not treat persons whose activities are limited or prohibited according to the Law of Ukraine "About sanctions". Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

information that heads, the chief accountant, owners of essential participation and final beneficial owners of the license applicant have faultless goodwill and are not citizens of the state recognized according to the law by the state invader and/or recognized by the state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

information that members (shareholders) of the license applicant are not final beneficial owners of resident of the foreign state recognized according to the law as the state invader and/or the state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

information that the license applicant does not own directly or indirectly (through other physical person or legal entity) any share of resident of the foreign state recognized according to the law as the state invader and/or the state aggressor in relation to Ukraine. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

information that the license applicant has among participants (founders, shareholders) no the legal entities registered in the states (territories) brought in the list of the states (jurisdictions) which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction, created according to the procedure, determined by the Cabinet of Ministers of Ukraine on the basis of the conclusions of the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction, and promulgated on the official website of Gosfinmonitoring. Such information moves in any form with observance of requirements of Item 11 of these Licensed conditions;

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