Public health and public morality as an object of criminal law protection from illegal organisation and conduct of gambling in Russia

Nowadays the Russian legislator seeks to protect the society from dangerous effects of gambling. On December 29, 2006, the President of the Russian Federation signed Federal Law No. 244-FZ “On State Regulation of Activities on Organisation and Conducting of Gambling and on Amending Certain Legislative Acts of the Russian Federation”, which introduced strict requirements to the organisation of gambling as well as to the organisers and visitors of gambling establishments. The unlimited number of illegal gambling establishments entailed the introduction of the Federal Law of July 20, 2011, that provided for criminal liability for the organisation and conduct of gambling. It was enshrined in the Criminal Code in Article 171.2 of the Criminal Code of the Russian Federation “Illegal Organisation and Conduct of Gambling”. Amendments to the legislation after adoption of this law did not affect all areas of legal protection of the population from the negative consequences of gambling. Nowadays, a very important problem in this perspective is to determine the object of crime. The paper discusses legislative definition of the object of crime in question and the shortcomings of the current norm. The author analyses the reasons for the legal prohibition and concludes that the legislator has correctly formulated the object of crime. It is suggested to consider the additional criminal liability for illegal organisation and conduct of gambling as of a crime that entails socially dangerous consequences of a pathological disorder connected with mental disorders. As far as it is possible to open legal gambling establishments, the author also proposes to introduce more stringent requirements for gamplers in legal institutions located in gambling zones. Having analysed the legislation of foreign countries, the author concludes that it is necessary to establish an age limit of 21 years and an entry qualification with the entry will be allowed upon depositing the return sum of 15,000 rubles. This innovation will exclude the complete loss of all funds, as for the remaining money the gambler will be able to leave the institution and go home without negative consequences. The author also suggests to establish liability for encouraging players to gamble in institutions located outside the gambling zone or in institutions within the gambling zone without obtaining permission in accordance with the established procedure to conduct activities for organising and conduct gambling in order to profit from these establishments. Only taken together, these changes can reduce the crime rate.

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