LEGAL QUALIFICATION OF GAMBLING AS AN OBJECT OF ECONOMIC AND LEGAL REGULATION

Abstract

The theoretical and practical points of the legal qualification of gambling as an object of economic and legal regulation became the subject of research within the scope of scientific intelligence. It is noted that today the assessment of the gambling business as a negative social phenomenon is not unambiguous, since in the conditions of the liberalization of public views on gambling, they have ceased to be perceived as a purely negative phenomenon, as evidenced by the different approaches of the countries of the world regarding the regulatory and legal regulation of the organization and participation in gambling. It was concluded that the study of the question of the qualification of gambling as an object of economic and legal regulation is impossible without determining the object of legal regulation itself, which in the context of the field of gambling, social relations in the field of organization and conduct of gambling. The possibility of identifying game activities similar to gambling, which have a controversial legal nature, is noted. The most revealing analogies with gambling include “loot boxes” or “cases”, which exist in many online games and work on the principle of randomly dropping a virtual container inside which an unknown game item is contained. It was determined that there is no clear solution to the issue of legal identification of such gaming activities. However, recent court иcases and statements from gambling authorities provide valuable insight into which types of loot boxes are safe for game developers and publishers, and which ones carry legal risks. It is emphasized that the relationship of loot boxes, in the context of a means of monetization of winnings, is outside the boundaries of legal regulation. It was concluded that gambling can be considered as an object of economic and legalи regulation in a broad and narrow sense. In the first, gambling should be understood as a set of social relations regarding the organization and conduct of gambling, regardless of the degree of regulation and the legislative approach to determining their content. In a narrow sense, gambling is covered by direct economic legal relations related to gambling and related legal relations that arise in this area and are covered by the regime of legal regulation of gambling.