Dissolution of KRAIL: A Legislative Move

On April 24, 2024, the Ukrainian parliament, known as the Verkhovna Rada, cast a pivotal vote to dissolve the Commission for the Regulation of Gambling and Lotteries (KRAIL). This decision is expected to fundamentally alter the governance and regulation of gambling within the country. Draft law no. 9256d, which led to the vote, specifically aims to address and restructure the regulatory framework of Ukraine’s gambling industry.

Public Outcry and Political Response

The push towards this legislative change was catalyzed by public concerns about gambling’s impact, particularly during wartime. A significant turning point was a petition initiated by Pavlo Petrychenko, a soldier from the 59th brigade. Garnered in late March, the petition swiftly collected over 26,000 signatures, thereby mandating a presidential review. The petitioner highlighted the detrimental effects of gambling on both the Ukrainian society and military, stating it was imperative to address “the harm that the gambling business causes.”

In response, Ukrainian President took to a national address on April 2, declaring the need for stricter controls over online gambling to safeguard societal interests. This directive was a precursor to the legislative actions that followed.

Ongoing Challenges and Regulatory Gaps

For over a year, KRAIL’s efficacy had been under scrutiny. Problems like delays in issuing gambling licenses were exacerbated when some commission members were drafted into military service due to the ongoing conflict with Russia. Mykhailo Fedorov, the Deputy Prime Minister, cited these issues when he initially proposed the reformation of KRAIL in May 2023.

Legislative Developments and Future Regulations

The bill to dissolve KRAIL received substantial support, with 272 lawmakers voting in favor. It now awaits a second reading and presidential approval. Alongside the dissolution, the bill introduces measures to further restrict gambling, including advertising bans and enhanced protections for vulnerable populations.

Despite the official prohibition of online gambling since 2009 and its re-regulation in 2020, the sector has been a significant tax contributor, with the gambling industry paying substantial amounts in taxes in recent years. The government continues to tackle illegal gambling activities, as demonstrated by the Economic Security Bureau’s recent actions against tax evasion by leading operators.

Prospects and Predictions

Looking ahead, the regulation of gambling is set to undergo more changes. Alina Plyushch, a partner at Kyiv-based law firm Sayenko Kharenko, sheds light on the complexities of regulating online casinos, especially during the war. She points out the challenges of banning online gambling and emphasizes the need for a thorough approach to prevent evasion.

With KRAIL’s responsibilities likely transitioning to the Ministry of Digital Transformation, there is anticipation for a new regulatory body under this ministry’s oversight. Plyushch anticipates that the immediate actions will include the disbandment of KRAIL and the temporary transfer of its duties to the ministry, pending decisions on a permanent regulatory framework.

The ongoing situation presents a critical juncture for Ukraine as it balances the imperatives of military protection and economic stability amidst the backdrop of war and social reform.

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