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Ministry of Justice of Ukraine

September 20, 2021

No. 1230/36852

DECISION OF THE COMMISSION ON REGULATION OF GAMBLINGS AND LOTTERIES OF UKRAINE

of August 30, 2021 No. 521

About approval of the Procedure for the direction and execution of requirements about restriction of access to the territories of Ukraine to the website or its part

According to article 25 of the Law "About State Regulation of Activities for the Organization and Carrying Out Gamblings" and the paragraph to third the subitem 1 of item 4 of the Regulations on the Commission on regulation of gamblings and lotteries approved by the resolution of the Cabinet of Ministers of Ukraine of September 23, 2020 No. 891, the Commission on regulation of gamblings and lotteries of RESHILA:

1. Approve the Procedure for the direction and execution of requirements about restriction of access to the territories of Ukraine to the website or its part which is applied.

2. To provide to department of methodology together with department of legal providing in the procedure established by the legislation submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To provide to department of documentary providing and organizational work publication of this decision after its state registration.

4. This decision becomes effective from the date of its official publication.

5. Control over the implementation of this decision to assign to the Chairman of KRAIL Rudy I. T.

Chairman

I. Rudy

 

It is approved:

Deputy Head of the Security Service of Ukraine

 

V. Gorbenko

First Deputy Minister of digital transformation of Ukraine

A. Vyskub

Minister of Internal Affairs of Ukraine

A. Avakov

Chairman of the Public regulatory service of Ukraine

A. Kucher

Approved by the Decision of the Commission on regulation of gamblings and lotteries of Ukraine of August 30, 2021, No. 521

Procedure for the direction and execution of requirements about restriction of access to the territories of Ukraine to the website or its part

1. This Procedure determines procedure for the direction and execution of the requirement of the Commission on regulation of gamblings and lotteries to person which through the website will organize, carries out or provides access to gamblings without the corresponding license concerning restriction of access to the territories of Ukraine to such website and the requirement of the Commission on regulation of gamblings and lotteries to the service provider of hosting (storage of information) on whose technical means gamblings will be organized, held, access to them without the corresponding license concerning restriction of access to the territories of Ukraine to such website or its part is provided.

2. This Procedure is developed according to the laws of Ukraine "About state regulation of activities for the organization and carrying out gamblings" (further - the Law), "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", "About fight against terrorism".

3. This Procedure extends to persons who through the website will organize, carry out, provide access to gamblings without the corresponding license, service providers of hosting (storage of information) on whose technical means the website or its part with which use gamblings will be organized, held is placed or access to them without the corresponding license is provided.

4. In this Procedure terms are used in specified in the Law, the laws of Ukraine "About copyright and the related rights", "About telecommunications", "About information security in information and telecommunication systems".

5. The organization and carrying out gamblings on the Internet are performed based on the licenses granted according to requirements of the Law, licensed conditions in the field of the organization and carrying out gamblings with compulsory use of online system of the organizer of gamblings, and is exclusive through the website specified in the corresponding register and with obligatory connection to the State system of online monitoring.

6. Officials of KRAIL elicit the facts of the organization and carrying out gamblings on the Internet without the corresponding license, using such sources of information:

appeals of legal entities and physical persons;

the data arriving through the telephone "hot line" and in special form on the website of KRAIL;

mass media;

the data obtained as a result of monitoring of the Internet;

other sources of information which are not prohibited by the legislation.

7. In case of identification of the facts of the organization and carrying out gamblings on the Internet without the corresponding license the authorized officer of KRAIL performs verification of presence of information on the organizer of gamblings in the Register of organizers of gamblings of casino on the Internet, in the Register of organizers of bookmaker activities, the Register of organizers of game in poker on the Internet (further - Registers), by search of the data according to websites (domain names).

8. Lack of entry in the corresponding Register and availability of documents, including electronic, confirming violations, is the basis to require from person who through the website will organize carries out or provides access to gamblings without the corresponding license, to limit access to the territories of Ukraine to the website.

9. The requirement to person which through the website will organize carries out or provides access to gamblings without the corresponding license, about restriction of access to the territories of Ukraine to the website, is drawn up by the decision of KRAIL.

10. The decision of KRAIL on the requirement to person which through the website will organize carries out or provides access to gamblings without the corresponding license, about restriction of access to the territories of Ukraine to the website, goes to the e-mail address of person, within 3 working days after publication of the decision on the website of KRAIL and no more than 3 working days from the date of the direction of the decision shall be executed in time.

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