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LAW OF UKRAINE

of December 4, 2024 No. 4116-IX

About modification of some legal acts of Ukraine for the purpose of fight against game dependence (ludomaniy) and enhancement of state regulation of activities for the organization and carrying out gamblings and lotteries

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In part two of Article 300-5 of the Code of civil procedure of Ukraine (2017, No. 48, the Art. 436) words "body of state regulation in the field of the organization and carrying out gamblings" shall be replaced with words sheets of the Verkhovna Rada of Ukraine "the central executive body realizing state policy in the field of the organization and carrying out gamblings and the lottery sphere".

2. In the Law of Ukraine "About advertizing" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 8, Art. 62 with the following changes):

The paragraph third Item of 1 part one of Article 3-1 to state 1) in the following edition:

"concerning advertizing of gamblings, organizers of gamblings";

2) in Article 22-1:

parts the first, second and fourth to state in the following edition:

"1. Advertizing of gamblings, advertizing of trademarks, other objects of intellectual property right under which activities for the organization and carrying out gamblings, and also other designations under which gamblings are held (further - advertizing of gamblings) are performed is forbidden, except advertizing:

in linear audiovisual and audiofiles from 23 to 6 o'clock;

in the specialized editions devoted to gamblings and/or sport, intended for persons 21 years are more senior;

directly in rooms of gambling institutions;

on websites of organizers of gamblings and/or in mobile applications of organizers of gamblings through which activities in the field of the organization and carrying out gamblings, and also on web pages of organizers of gamblings on platforms of joint access are performed;

in the online media registered according to the Law of Ukraine "About media" intended for persons 21 years are more senior;

in the nonlinear audiovisual media registered according to the Law of Ukraine "About media", on condition of use of technical capability in the direction of advertizing on persons 21 years are more senior;

on platforms of joint information access, platforms of joint access to video, search engines (search services), on condition of use of technical capability of such platforms and systems (services) in the direction of advertizing on persons 21 years are more senior.

It is forbidden:

the offer or provision of any direct or indirect expense recovery for access to gambling institutions and/or participation in gamblings;

placement of the image or mentioning of gamblings, trademarks, other objects of intellectual property right under which activities for the organization and carrying out gamblings, and also other designations under which gamblings, on any goods (objects), except placement on goods (objects) used during gamblings and also except placement of trademarks of the sponsor, on condition of observance of the requirements provided by part four of this Article are held are performed;

the offer of free bonuses (any other encouragement) instead of introduction of rate;

implementation of phone calls, sending messages to the uncertain group of people means of mail service, mobile communication, electronic communications for the purpose of provision of information on gamblings;

distribution of advertizing of gamblings in temporarily occupied territory of Ukraine.

The requirements provided by this Article for advertizing of gamblings extend also to any information messages about implementation of charity by organizers of gamblings, their affiliates or any other persons with use of brand of the organizer of gamblings, specifying of organizers of gamblings or their brands as sponsors, partners of certain activities or action in promotional materials of other customers.

Placement by the organizer of gamblings of the mobile application intended for participation in gamblings, in shops of mobile applications is not considered advertizing.

2. In advertizing of gamblings it is forbidden:

participation of persons which did not reach 21-year age including as models;

participation of the military personnel, volunteers, doctors, other health workers, and also persons whose appearance imitates appearance of the military personnel, doctors;

participation of persons performing activities in the field of culture and/or media, in particular representatives of subjects in the field of media, professional creative specialists, employees of cultural institutions, specialists in creation of information products, public figures, and also persons who regularly distribute mass information under the editorial control through own accounting records on platforms of joint information access for the purpose of profit earning (further - popular persons) except athletes;

direct or indirect actions for promoting and/or encouragement with popular persons of participation in gamblings, uses of images, mentioning of names of popular persons, heroes film, body - and animation movies;

use of the subject connected with control and repulse of the armed aggression of the Russian Federation against Ukraine and also any patriotic appeals and/or symbolics aimed at providing the state sovereignty, safety and defense, patriotic education";

"4. In sponsorship use of trademarks, other objects of intellectual property right under which activities for the organization and carrying out gamblings are performed is forbidden. The subjects of managing having license for activities in the field of the organization and carrying out gamblings cannot be sponsors.

Provisions of paragraph one of this part do not extend to sponsorship in the field of physical culture and sport (except children's and sport for children and young people), namely to sponsorship of teams, athletes, sporting events and sports competitions, broadcasts of sporting events and sports competitions, informing everyone and/or the public notification of the objects of intellectual property right created as a result of live broadcast of sporting events and sports competitions provided that such sponsorship is performed:

without use of means of outdoor advertizing;

without placement on the external and/or internal surfaces of vehicles and/or the subway;

without placement in houses, constructions, except placement in rooms of gambling institutions, and also in the enclosed space during sporting events and sports competitions.

Sponsorship of broadcasts of sporting events and sports competitions, informing everyone and/or the public notification of the objects of intellectual property right created as a result of broadcast of sporting events and sports competitions with use of trademarks, other objects of intellectual property right under which activities for the organization and carrying out gamblings are performed, it is allowed only in media which are owners and/or licensees of the rights to broadcasts of sporting events and sports competitions, informing everyone and/or the public notification of the objects of intellectual property right created as a result of broadcast of sporting events and sports competitions.

The Prodakt-pleysment of gamblings is forbidden";

the fifth after the word of "loudness" to add part with the words "and speeds";

in part nine of the word "except advertizing on audialny media" to exclude;

the first offer of part ten to add with the words "except cases of use of brand of group of organizers of gamblings by participants of such group";

3) in paragraph nine of part one of Article 26 of the word "Commission on Regulation of Gamblings and Lotteries" shall be replaced with words "the central executive body realizing state policy in the field of the organization and carrying out gamblings and the lottery sphere";

4) in Article 27:

in paragraph one of part four of the word "Commissions on Regulation of Gamblings and Lotteries" shall be replaced with words "the central executive body realizing state policy in the field of the organization and carrying out gamblings and the lottery sphere";

the fourth to state the paragraph to part ten in the following edition:

"Financial sanctions (penalties) for violation of the requirements to advertizing of gamblings established by the legislation, organizers of gamblings are applied according to the procedure, determined by the Law of Ukraine "About state regulation of activities for the organization and carrying out gamblings".

3. In the Law of Ukraine "About the state lotteries in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2013, No. 31, Art. 369 with the following changes):

1) in Article 1:

in part one:

in Item 22 to exclude the word of "best";

in Item 24 of the word "player" and "player" to replace respectively with words "participant" and "participant";

add with Item 26 of the following content:

"26) brand of the operator of the state lotteries sets of quality characteristics which allow any person to differentiate operators of the state lotteries; in particular, trademarks, corporate (corporate) style, logo, other intellectual property items";

add with part two of the following content:

"2. The terms "faultless goodwill", "essential participation", "final beneficial owner", "international sanctions" are used in this Law in the values 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".

The term "the armed aggression" in this Law is used in the value given in the Law of Ukraine "About defense of Ukraine";

2) the second offer of part six of Article 3 to state in the following edition: "Sale of lottery tickets on credit and acceptance of rates on the terms of the following payment is forbidden";

3) in Article 5:

first and third to state parts in the following edition:

"1. Requirements to release and carrying out the state lotteries are determined by the Cabinet of Ministers of Ukraine by approval of licensed conditions.

Licensed conditions of implementation of economic activity on release and carrying out lotteries (further - licensed conditions) are developed by the central executive body providing forming and realization of state policy in the field of the organization and carrying out gamblings and the lottery sphere according to the legislation in the field of licensing";

"3. The lottery acquires the status state from the moment of publication of the state lotteries of conditions of carrying out such lottery approved by the operator.

On representation of the operator of the state lotteries which moves within fifteen days after date of publication the state lottery is subject to obligatory introduction by the central executive body realizing state policy in the field of the organization and carrying out gamblings and the lottery sphere (further - Authorized body), in the Unified register of the state lotteries entered in Ukraine. Entering of lottery by Authorized body into the Unified register of the state lotteries entered in Ukraine is performed within ten days from the date of receipt of representation of the operator of the state lotteries.

The authorized body keeps the Unified register of the state lotteries entered in Ukraine. The procedure for maintaining the Unified register of the state lotteries entered in Ukraine, including the list of the data reflected in it affirm the Cabinet of Ministers of Ukraine. The unified register of the state lotteries entered in Ukraine is kept electronically and is open for free public access to it";

the paragraph one of part seven to state in the following edition:

"7. Distribution of the state lotteries is performed in all territory of Ukraine (except the cases determined by this Law) and does not require receipt of special permissions";

4) in Article 6:

state part one in the following edition:

"1. The legal entity registered in the territory of Ukraine can be the operator of the state lotteries:

1) core activity of which is release and carrying out lotteries;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info