Legislation Report: Marko Tomic
Gaming Legislation Gaming Legislation Report: South East Europe. By: Marko Tomic, Partner, Law Firm Anđelović, Siketić & Tomić d.o.o. Zagreb
1. Ukraine
In the course of 2019 Ukrainian government made concrete steps towards the lifting of an existing gambling ban that was established in 2009 and which basically “outlawed” any kind of gambling activity in the territory of Ukraine (both land based and online). Such ban opened door for illegal operators in one of the largest European markets (total population of approx. 43 million out of which 35 million aged over 18). On 16 January 2020, first reading of a draft Act on the Regulation of the Gambling Industry (“Act”) was
adopted by the Ukrainian parliament with the intention to adopt the final version of the Act in the course of first half on 2020. Bearing in mind the global pandemic of COVID-19 as well as the ongoing political changes in Ukraine, adoption of the Act was postponed and the second reading of the draft Act has been scheduled for 18 June 2020. In respect of the draft Act itself, the same regulates land based as well as online gambling activities from lotteries and casinos to poker and sports betting. Notwithstanding the above, it is to be expected that significant changes to the initially approved draft occurred, bearing in mind that more than 1500 amendments to the same were proposed. When talking about slot machine halls in Ukraine, the draft Act envisages that the same can be operated only in prescribed gaming zones in 3, 4 and 5 star hotels in Ukraine (no fewer than 50 rooms and at least 300sqm hall area in Kyiv and no fewer than 25 rooms and at least 150sqm hall area in other cities). Limitation of 26
a total number of slot machines in the whole country was set at 40,000 units (not including slot machines in casinos). Further to the above, licenses are distributed on the following territorial key: (i) Kyiv, Odessa and Kharkiv regions (for cities of Kyiv, Odessa and Kharkiv 60% of licenses and 40% of licenses for each of these three regions) and (ii) other regions of Ukraine (for regional centers 40% of licenses and 60% of licenses for each region). Total number of licenses is limited to 1,600 i.e. one license is issued for 25 slot machines whereby a single operator can obtain maximum of 35% of all licenses for slot machines in a certain administrative unit in Ukraine and no more than 35% of all licenses in Ukraine. The Act prescribes that it is forbidden to place slot machine halls: 1) directly in the premises where state authorities, other state bodies, local self-government bodies are located;
2) closer than 500 meters to preschool educational institutions, general secondary education institutions, out-of-school, specialized, professional (vocationaltechnical) and professional higher education; 3) directly in the premises of cultural institutions (including libraries, museums, theatres, exhibition galleries); 4) directly on the premises of medical institutions; 5) closer than 500 meters to the premises of specialized children’s entertainment centers; 6) directly in the premises of religious buildings and structures, as well as in premises belonging to religious organizations; 7) in premises belonging to the housing stock or residential buildings; 8) in objects of unfinished construction, kiosks, canopies and mobile small architectural forms. Slot machines located in the slot machine hall must not be visible from the outside of the building. www.casinolifemagazine.com
