In June 2009 came into force the Law "On the prohibition of gambling business in Ukraine", according to which in our country are not allowed to conduct nfm gambling and gambling. By law, gambling - activities related to the organization, and providing access to gambling in casinos, gaming machine, computer stimulants in betting offices, schools and in interactive electronic casino regardless of location server . The main feature is its gambling oplatnist and dependence nfm to obtain winning just by chance.
In essence lottery completely fall under these signs of gambling, but under the law to which they ought not, and therefore the activity of organizing and conducting lotteries are not prohibited. It would seem that the legislator has left for entities that previously were involved in gambling, wide field of activity in the lottery. However, October 6 this year enacted a law "On state lotteries in Ukraine", which banned any other lottery, except for government.
Conduct such activities are eligible only national lottery operators nfm who have received the appropriate license. Here the fun begins. National lottery operators in accordance with article 6 of the law are legal entities registered in Ukraine. In addition, nfm they must meet several requirements: minimum amount of share capital shall not be less than the installed NBU for banks (120 million USD.), There should be standing separate units in each village, where there are more than 500 thousand. Man and the point of distribution of state lotteries in every village with a population of over 5 thousand., but not less than 5000 points spread more.
There are no restrictions on what operators should be owned by the state or the state must belong to at least part of the law does not. That is actually undercover state monopoly on the market are businessmen who earn this fortune.
The basic requirement for operators of state lotteries, which blocks out the new entities to the market, there is a need to have 10 years of experience nfm and issue of state lotteries in Ukraine at the time of application for the authorization (Part 6 of Article 6 of the Law).
It should be noted that until 02.06.2005 and 06.10.2012 (date of entry into force of the law "On state lotteries in Ukraine") operated a moratorium on licensing nfm in the business of issuing and lotteries that, contrary to legislation that limited competition in the proceedings of this kind of business. Thus, theo-retychno qualify for state lottery operator license can now only persons who have received the appropriate license to June 2005 According to Part 4 of Article 14 of the Law "On licensing certain types of activities" license for a certain type economic activity is given indefinitely. However, the Cabinet of Ministers on the proposal specifically authorized body on licensing may limit the term of the license for a certain type of economic activity, but this period can not be less than 5 years. Resolution of the Cabinet determined that the term of the license to operate the production and lotteries is 12 years.
According to the information placed on the official website of the Ministry of Finance, currently licensed to issue and lotteries nfm are four entities - a company with 100% -we foreign investments "Ukrainian National Lottery", LLC (!) "MS L. ", JSC" Patriot ", JSC" State Savings Bank of Ukraine ". Thus Savings nfm Bank does not issue lotteries, so the market is actually 3 players.
The validity of the licenses of all these entities expires in February - March 2013, and that caused the need for the adoption of the law on state lotteries, and actually continued monopoly existing operators. This lottery services consumers misled nfm legislators as they buying state lottery, believe that it is the State produces, while in reality it is a private business limited number of people who blocked the way everyone else deal with the same activity. This offset provisions of the Constitution, which guarantees the protection of the state of competition in business, prohibits nfm illegal restriction nfm of competition and the right of everyone to an enterprise view not prohibited.
The law states that the amount of prize money the state lottery, which is subject nfm to playing the game between the parties to determine the winner must be at least 50% of the amount of proceeds from betting. So the other 50% for vyrahuva
No comments:
Post a Comment