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Criminal legal description of corruption crimes against morality






On the basis of paragraph 29 of article 3 of the Criminal Code corruption offenses against public health and morality of the act applies, under Article 307 (paragraph 3), the third part) of the Criminal Code, entitled " Organization of illegal gambling business."

By gambling commonly understood business activities related to the recovery of a gambling institution to participate in gambling and betting income in the form of winnings and payment for their conduct.

Gambling establishment - a company in which the license to carry out business activities in the field of gambling conducted gambling and (or) accepted bets on the betting casino, betting, bookmaker, video arcade and other gambling houses (places) *.

Gambling - games with a random advance

 

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* См.: Большой юридический словарь. – М.: ИНФРА-М, 2002. – здесь и далее определения заимствованы из данного источника.

 

unpredictable results, the achievement of which does

not depend on the actions of any of the parties involved in the game. The result is determined by the money gambling, or other property equivalent.

 

Playground equipment - a device or devices used for gambling, including the game table, slot machine.

 

The gaming machine - a special equip- ment (mechanical, electrical, electronic and other technical equipment) installed in gaming establishments and used for gambling with winnings without participating in these games, the representatives of the gambling establishment.

Casino - gambling establishment in which using a roulette table games (card games, dice), as well as other gaming equipment carried Gaming announced a cash prize or other property.

Tote - a game in which the participant makes a bet (wager) on the option game, sports or other socially significant situations where winning depends on the partial coincidence of a forecast of a Happy facts.

 

Gaming Zone - part of the territory of the Republic of Kazakhstan, which is specifically designed to carry out activities for the organization and conduct of gambling, which will establish the boundaries of law.

Bookmaker - person taking money bets in the game of betting on horse races, races and sporting events.

The significance of these and their derivatives

 

definitions can properly qualify the act and to appoint a legal fair punishment.

 

Illegal gambling business - it opening or maintenance of a gambling establishment, illegal organization of activities in the gambling business, as well as providing facilities for illegal gambling or the organization and conduct of gambling sites is established by the legislation of the Republic of Kazakhstan on gambling business or activity in the area of ​ ​ gambling business without a license.

 

Illegal gambling business is determined by the fact of absence permit to operate on the organization and conduct of gambling in the gaming zone.

 

Under the resolution on the implementation of gambling refers to a standard form document issued by the organizer of gambling with granting him the right to carry out the relevant activities without any restriction, cheniya amount and type of gambling establishments operating in certain areas of the gambling legislation.

 

As permits for the implementation of acts of gambling license.

The lack of licenses is the basis for the legal otvetstvnnosti for illegal gambling.

 

The act in question, under Article 307 of the Criminal Code, located in Chapter 11 entitled " Criminal offenses against public health and morality." In view of the fact that illegal gambling has a negative impact on morality, not directly affecting the health of the population, we are from the methodological considerations apply it to the

 

class acts against morality.

 

According to the Financial Action to Combat Money Laundering (FATF), the market casinos and slot machines in Kazakhstan is about 1 billion dollars a year. According to the audit team Pricewaterhouse Coopers (PwC) total profit of casinos in the world in 2012 amounted to 150 billion dollars by the end of 2015 it is assumed that this figure will reach 200 billion dollars.

 

Minimum turnover operating in Kazakhstan bookmakers is 30 bln. A year. Net income amounts to 10-15%. Worldwide turnover bookmaker is 650 billion dollars per year, including in the US - 240 billion dollars, Russia - 500 million dollars.

 

 

Dynamics of committing crimes in the sphere of gambling tends to steady growth. For example, in Kazakhstan revealed criminal offenses in this field: in 2010 - 34 cases; in 2011 - 51; 2012 - 483; in 2013 - more than 500.

 

On the revealed crimes and administrative violations confiscated more than 7, 000 slot machines, 266 gaming tables, cash amounting to more than 29 million tenge. Total for 2012-2013 identified and suppressed the activity of 78 208 illegal casinos and slot machine halls.

 

Relations in the gambling business, regulated by the Law of the Republic of Kazakhstan " On gambling business", adopted on 12 January 2007, as amended, adopted May 29, 2015.

 

 

It is now established that the gambling disguised as lottery business (e-lottery, lottery clubs) are converted into computer clubs casino (online casino, online casino, UNIT CESH), etc.

 

At the same time, in accordance with the legislation of Kazakhstan, the casino and slot machine halls are subject to placement in designated areas: Almaty region on the shores of the reservoir and Kapshagai Shchuchyn district of Akmola region. Advertising is not permitted Internet casinos are generally prohibited from online casinos in any real-time (single-user, multi-user).


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