Muratova A.Zh., Saktaganova I.S. Legal aspects of combating gambling addiction: international approaches to establishing liability

DOI: 10.51634/2307-5201_2025_2_99

УДК 343.3/.7         

ГРНТИ 10.77.51

A.Zh. Muratova, PhD, Head of the Department of Criminal Law Studies, Faculty of Law, L.N. Gumilyov Eurasian National University (Astana, Kazakhstan), e-mail: Адрес электронной почты защищен от спам-ботов. Для просмотра адреса в вашем браузере должен быть включен Javascript.

I.S. Saktaganova, PhD in Law, Associate Professor, Faculty of Law, L.N. Gumilyov Eurasian National University (Astana, Kazakhstan), e-mail: Адрес электронной почты защищен от спам-ботов. Для просмотра адреса в вашем браузере должен быть включен Javascript.

The relevance of this study is driven by the increasing social and legal issue of our time – ludomania, or pathological gambling addiction, which is worsened by the improvement of digital technologies and the availability of online gambling. The aim of this article is to discuss the legal aspects of combating ludomania and the international approaches to establishing liability.

The objective of the present study is to carry out a systematic analysis of the existing international practices and the national legislation aimed at combating ludomania and defining the legal liability for non-observance of  the legal norms in this region. The other objective is to formulate recommendations for improving legal arrangements to decrease the incidence of ludomania and improve the effectiveness of liability measures for violations of the norms  established. 

The scientific significance of the present research is that a systematic analysis of the legal aspects of combating  ludomania has been made, and gaps and contradictions in the current legislation of the Republic of Kazakhstan have been identified and ways to improve it have been suggested based on the international experience. The study reviews all the types of liability for violations in the gambling industry: criminal, administrative and civil. 

This research helps to complete the picture of the relationship between legal regulation, preventive measures, and rehabilitation programs of the fight against ludomania. It also highlights the need for an all-encompassing strategy to address the adverse effects of gambling addiction.

Keywords: ludomania, gambling addiction, games of chance, legal regulation, prevention, responsibility, gambling industry, online gambling, international experience, legislation.

Introduction

Ludomania or pathological gambling is one of the most important social and legal problems of the modern world. Due to technological development and easily accessible online gambling, the rates of people with gambling addiction are still on the rise. Access to gambling, unenforced regulations, and the use of pressure marketing tactics by gambling corporations are the main factors that contribute to the increasing population of users including the vulnerable groups of society.

As stated by the World Health Organization, about 350 million people in the world have gambling disorders once a year. In the past decade, the number of people affected by this addiction has increased by 500% [1]. The situation in Kazakhstan is also a cause for concern. The number of people with gambling disorders in the country is also a cause for concern; the Ministry of Health of the Republic of Kazakhstan has estimated that about 3% of the population or about 440,000 people have the disease [2].

The necessity of legal regulation in the gambling industry is driven by the severe social and economic impacts of gambling dependency. The strict control over the gambling business operations, the advertising limits and the protective policies for the vulnerable persons with respect to gambling addiction are the important areas of state policy in this field.  Experience in other countries and abroad shows that proper legal framework and preventive arrangements are effective in managing the risks of gambling dependency and in limiting the population’s participation in gambling activities. 

Against this backdrop, it is important to consider the legal aspects of the fight against gambling dependency and to review the international experience of legal liability for violations of gambling rules. The research on this issue enables us to reveal the most successful legal arrangements and incorporate them into the local laws, thus contributing to the protection of the public interest and minimizing the detrimental impacts of gambling dependency. 

Nevertheless, there are significant gaps in legal regulation of gambling activities and prevention of gambling addiction. More specifically, current legislation has some gaps which do not provide full coverage of different aspects of illegal gambling operations and thus there are ways for unscrupulous operators to avoid the current regulations. For example, there are still some gambling businesses that work under the cover of internet cafes or lottery clubs which make it harder to identify and prosecute such structures [3, p.100].

Furthermore, the current measures for preventing gambling addiction are not very efficient. The absence of an all-encompassing strategy that entails psychological care, social reconstruction, and educational programs leads to many people who are addicted to gambling not getting the help they need [4, p.12].

The purpose of this study is to explore the legal aspects of combating gambling addiction and the international approaches to establishing liability. The study also focuses on the analysis of the current legislation of the Republic of Kazakhstan, its weaknesses and foreign practice in the regulation of gambling activities and the prevention of gambling dependency. The aim is to design recommendations for the improvement of legal mechanisms oriented at reducing the rate of gambling dependency and improving the effectiveness of liability measures for violation of the rules.

Research on the legal aspects of the fight against gambling addiction is an important domain of study as the efficacy of regulatory frameworks in this area is a key determinant of the rate of gambling addiction in society. In this regard, the first purpose of this study is to carry out a systematic analysis of the international practices and the national legislation regarding the prevention of gambling addiction and the liability for non-observance of the legal norms in this respect.

Materials and Methods

The article employs a comprehensive approach, which includes an analysis of the regulatory and legal framework of gambling in Kazakhstan, covering laws such as "On Gambling Business" and "On Lotteries and Lottery Activities", as well as relevant articles of the Criminal Code and the Code of Administrative Offenses.  Furthermore, analysis of international recommendations and standards was carried out, based on the recommendations of such organizations as the WHO, the European Commission, and the UN. The review of international experience comprised an analysis of regulatory practices in a number of countries, including the United Kingdom, Australia, Germany, France, Sweden and Spain. In addition, the study involved an analysis of academic publications, statistical data and media reports to ensure that the issue has been fully addressed. The comparative analysis of the approaches to the regulation of gambling business allowed to determine the best practices for their adaptation to the national legislation.

Basic Provisions

Gambling addiction, or pathological gambling, is a complex phenomenon which has medical, psychological and legal aspects. The World Health Organization (WHO) has listed gambling addiction as one of impulse control disorders and  the gambling behavior is repeated even when it is damaging to the individual and the society. This condition is called gambling disorder in the 11th revision of the International Classification of Diseases  (ICD-11) and is listed among behavioral addictions.

From a psychological perspective pathological gambling is defined by an irresistible desire to gamble, by the  inability to control gambling behavior and by the disregard for the adverse consequences of gambling, including the loss of  money, relationships, and self-esteem. Studies show that the neuropsychological mechanisms underlying the pathologic gambling are similar to those of substance dependence disorders, including alcoholism and drug abuse.

From a legal point of view, gambling addiction is considered as a factor which the state needs to  regulate in the gambling industry. The governments ensure that there are measures in place to regulate the gambling  industry, set the age limits, establish registers of persons with gambling addiction, and hold the operators responsible for  promoting pathological gambling. In Kazakhstan, the state policy in this area is aimed at minimizing the social adverse  impacts of gambling activities and preventing citizens from being harmed by it. This is reflected in the Law of  the Republic of Kazakhstan No. 149-IV "On Lotteries and Lottery Activities"  [6] and other regulatory acts.

Gambling addiction has a few effects on individuals, families, the economy, and society as  a whole. On an individual level, gambling addiction leads to deteriorating mental health, loss of social status, financial difficulties, and criminal behavior related to attempts to recover gambling losses. Studies indicate that more than 60% of individuals with gambling addiction face debt obligations, while approximately 20% commit offenses involving financial fraud and deception. On a family level, gambling addiction provokes conflicts, the breakdown of family relationships, and an increase in domestic violence cases. According to data presented by Member of Parliament of the Mazhilis of the Republic of Kazakhstan, Elnur Beisenbayev, around 40% of divorces in the country are linked to the gambling addiction of one spouse [7].

With an economic perspective the negative consequences of gambling addiction manifest in decreased work productivity among affected individuals, increased government expenditures on treatment and rehabilitation programs, and a rise in crime associated with financial fraud. Given the widespread negative impact of gambling addiction, the need for legal regulation in this area becomes evident. State policy in combating gambling addiction requires a comprehensive approach, incorporating preventive measures, legislative restrictions, and rehabilitation mechanisms aligned with international standards. 

At the international level, there is no single comprehensive document regulating gambling activities and prevention of gambling addiction. However, various international organizations and institutions develop recommendations and guidelines aimed at mitigating the negative effects of gambling. In particular, the World Health Organization (WHO) coordinates the work of an international group of experts focused on studying the impact of gambling on public health, developing diagnostic criteria, and preparing prevention programs. 

A significant contribution to the fight against gambling addiction has been made through resolutions and recommendations of the European Union. For instance, in 2014, the European Commission developed the Recommendations on Principles for Consumer Protection and Responsible Gambling [8], aimed at regulating online gambling. These recommendations entail that gambling operators are supposed to give players full information on the risks, to exercise self-regulation and to set restrictions, and to protect minors.

International organisations are also involved in the development of the norms that regulate gambling business and the prevention of  gambling dependency. The World Health Organization (WHO) provides medical professionals with diagnostic criteria and methodological  guidelines, and promotes the sharing of good practices across countries. The UN and other international institutions have their specialized  commissions and working groups develop recommendations for regulating the gambling industry with the aim of protecting vulnerable populations and reducing  the socio-economic costs of gambling addiction. 

A analysis of international legal mechanisms reveals that gambling regulation and addiction prevention are based on recommendations developed by leading international organizations as the WHO, the European Commission, and the UN. These documents act as a  reference for national legal systems in designing and implementing measures to regulate gambling activities and to protect the public from their adverse effects. 

The legal control of the gambling industry in the Republic of Kazakhstan is grounded on the 2007 Law of the Republic of Kazakhstan № 174-III "On Gambling Business". This regulatory act is an attempt to outline the main principles, conditions, and forms of the procedure of gambling activities and, at the same time, to avoid negative impacts that can result from gambling dependence. The law has strict measures on gambling operators which includes licensing, control of location of gambling businesses and measures to prevent gambling  addiction.

By the provisions of Article 9 of the same law, gambling activities are regulated, and anyone who wants to engage in gambling must have a license for ten years. Casinos and slot machine halls can only be operated within the gambling zones that have been established. Bookmakers and totalizators are also regulated by the state and are required to meet certain standards. 

The legal system of Kazakhstan pays much attention to the liability for violations in the gambling business. Article 16 of the Law provides for liability for illegal activities; organizing gambling businesses without a license is punishable by the law, according to Article 307 of the Criminal Code of the Republic of Kazakhstan. Online casinos control will be enhanced, and their operations will be restricted further through legislative amendments in 2024. In addition to criminal penalties, bookmakers and totalizators' advertising is fully prohibited.  The use of advertising materials in public spaces, mass media, and online resources to encourage socially vulnerable populations to gamble is also banned.

The national framework of the gambling industry is continuously being enhanced in line with international standards and social challenges. The state policy is focused on minimizing the adverse impacts of gambling, ensuring the safety of citizens and preventing illegal actions in this area.

Results

I. State regulation and control measures in the gambling industry

Fighting gambling disorders needs an all-encompassing strategy that entails regulatory restrictions and prevention, as well as measures. The experience in other countries of the world also shows that the most effective control tools in this area are licensing, taxation, advertising limits, player registration and identification, and self-exclusion  systems. Another important factor is the promotion of recovery programs and activities that seek to avoid problem gambling.

A key regulatory mechanism in the gambling industry is the licensing of operators. In most parts of the  world, it is only possible to operate a gambling business with a valid license, thus giving the government the upper hand to set very high standards on the activities of the operators. For instance the UK’s  Gambling Act 2005 has very strict measures on obtaining a license and some of them include protecting vulnerable groups and fighting money laundering. Noncompliance with these standards has severe consequences, which include revocation of the license and very large fines.

In addition to licensing, governments design tax models to pay for the gambling addiction prevention programs. For instance, in the Australian Capital Territory (ACT), the Gambling Harm Prevention and Mitigation Fund is paid from a 0.75% tax on the gross revenue of gaming machines and also from other gambling operators. This fund helps to encourage and fund projects that are targeted to prevent and decrease gambling related harm [11].

Preventing gambling addiction is another important measure that needs to be treated, and one of the ways to do this is to restrict gambling advertising. The regulation of gambling advertisements is therefore a very important measure that has to be taken in order to prevent gambling addiction among vulnerable groups of people including minors and those  with gambling disorders.  For instance, the European Union has very strict rules regarding the content, timing and viewership of gambling commercials.  For instance, the advertising of online casinos, virtual slot machines and online poker is now regulated as to when they can be advertised in Germany. For instance, such commercials are not allowed to run between 6:00 am and 9:00 pm to avoid  targeting minors. Furthermore, German law prohibits the use of images that are connected to success, prosperity or  even social status in gambling advertisements and marketing campaigns and aims at young people and people who manifest signs  of gambling pathologies.  This paper will also discuss the impact of the various aspects of advertising on public health, with particular reference to gambling. 

In France, the National Gambling Authority, ANJ, regulates gambling advertising. Under French law, all forms of gambling-related advertisements must feature warnings about the dangers of gambling addiction, e.g., «Play responsibly» and contact details of organizations that can help problem gamblers. Furthermore, restrictions have been placed on the use of aggressive marketing tactics like bonus offers that give the false impression that one will certainly win in the game. These measures are designed to prevent the access of new players especially the young ones who are most likely  to develop gambling disorders. In Kazakhstan, measures that prohibit the advertising of betting companies and totalizators are also being implemented: the prohibition of the placement of advertising materials in public places and social networks.

To ensure control over citizens' participation in gambling, many countries have implemented mandatory registration and identification of players. In Sweden, the state-run self-exclusion system Spelpaus allows users to voluntarily block access to all licensed gambling platforms, including online casinos, bookmakers, lotteries, and physical betting outlets. The self-exclusion periods range from one month to an indefinite duration, providing protection for individuals at risk of developing gambling addiction [14].

In Spain, mandatory identification of customers has been introduced on all online gambling platforms, which not only prevents underage participation but also enables monitoring of user activity to ensure compliance with responsible gaming principles. The enforcement of these regulations is overseen by the Directorate General for the Regulation of Gambling (DGOJ) [15]. Additionally, for individuals seeking to limit their involvement in gambling, the General Register of Gambling Access Bans (RGIAJ) [16] is available. Registration in this registry is mandatory for all operators, and removal from the list is only possible upon request after a six-month self-exclusion period.

Measures for identifying and registering players help the state not only enforce age restrictions but also detect individuals showing signs of gambling addiction, thereby limiting their access to gambling activities. Such systems enable authorities to respond promptly to cases of excessive gambling behavior and offer players support measures. 

In addition to state regulation, self-restriction mechanisms play a significant role in preventing gambling addiction by allowing players to control their participation in gambling activities. For instance, Australia has implemented a national register called BetStop [17], which enables citizens to voluntarily exclude themselves from all licensed online betting and telephone gambling services for a period ranging from three months to a lifetime. This self-exclusion is irreversible for the specified duration, though players can extend it if needed. Furthermore, the country’s legislation requires gambling operators to provide clients with self-exclusion options at individual gambling establishments and online platforms, as well as impose limits on bet amounts and playing time. These measures aim to mitigate the risks of gambling addiction and promote responsible gambling behavior.

The development of such tools encourages a more conscious approach to gambling and reduces the likelihood of pathological addiction. In Kazakhstan, similar systems are still in the development stage; however, international experience demonstrates their high effectiveness in reducing cases of gambling addiction.

II. Programs for the prevention and rehabilitation of gambling addiction

In addition to restrictive measures, countries implement specialized rehabilitation programs for individuals suffering from gambling addiction. In some nations, the National Gambling Addiction Service operates, offering free counseling, therapy, and support not only to those affected but also to their families. Additionally, a national gambling addiction hotline provides emergency assistance when needed.

Kazakhstan has been taking significant steps to combat gambling addiction. The Ministry of Health, in collaboration with specialized organizations, is developing a strategy to integrate gambling disorder treatment into the national healthcare system. In October 2023, a clinical protocol for the diagnosis and treatment of pathological gambling was approved, classifying the disorder as a mental illness. The protocol outlines both outpatient and inpatient treatment methods, including psychotherapeutic and psychosocial support, as well as pharmacological assistance for co-occurring disorders such as anxiety and depression [18].

The implementation of these mechanisms across various countries has demonstrated high effectiveness in combating the spread of gambling addiction. A combination of legislative restrictions, tax instruments, and rehabilitation programs helps reduce citizens' involvement in gambling and minimize the socio-economic consequences of gambling addiction.

III. Liability for violations in the gambling industry

The legal regulation of the gambling industry in the Republic of Kazakhstan provides various forms of liability for its participants, including criminal, administrative, and civil liability. The application of each of these forms depends on the nature and severity of the offense committed.

According to Article 307 of the Criminal Code of the Republic of Kazakhstan [19], the illegal establishment or operation of a gambling establishment, as well as organizing gambling activities without the appropriate license, entails criminal liability. Sanctions include a fine of up to 2,000 Monthly Calculation Indicators (MCI), corrective labor, restriction of freedom, or imprisonment for up to two years with confiscation of property.

In 2024 amendments were introduced to strengthen liability for organizing electronic and online casino activities. Now, such violations are subject to fines of up to 2,000 MCI, community service of up to 600 hours, restriction of freedom, or imprisonment for up to two years with confiscation of property [20].

The Code of Administrative Offenses of the Republic of Kazakhstan (CAO RK) [21] in Article 444 establishes liability for participation in illegal gambling. Engaging in gambling in unauthorized locations or accepting bets without special permission results in a fine of 200 MCI for individuals, along with the confiscation of gambling equipment, money, valuables, and other assets.

In cases where the actions of gambling operators result in harm to participants or third parties, civil liability may arise. For instance, if an operator breaches the terms of an agreement with a player or provides false information that leads to financial losses, the affected party has the right to seek compensation through legal proceedings. 

The application of these legal provisions demonstrates real cases of liability enforcement in the gambling industry. For example, in 2023, 14 criminal cases were initiated in Astana regarding illegal gambling operations, of which 7 were completed, and 3 were brought to court. In another instance, an individual was convicted of organizing illegal gambling activities and faced the corresponding criminal sanctions [22]. 

These examples highlight the active efforts of law enforcement agencies in detecting and suppressing illegal gambling operations, as well as the enforcement of legal measures against violators.

IV. Issues of legal regulation and the need for its improvement in Kazakhstan

The legal regulation of the gambling industry in the Republic of Kazakhstan is aimed at ensuring legality and preventing the negative consequences of gambling. However, an analysis of the existing legal norms reveals several shortcomings that reduce the effectiveness of law enforcement in this area.

The current Law of the Republic of Kazakhstan "On Gambling Business" dated January 12, 2007, establishes the legal framework for organizing and conducting gambling activities. Despite the presence of fundamental provisions, practice shows that some regulations do not align with modern realities and require revision. There is in particular insufficient effectiveness in combating illegal online casinos and bookmakers, whose activities are difficult to control within the framework of the existing legislation [23, p.145].

According to K.K. Sabitov [23], one of the key gaps is the lack of a clear definition and regulation of online gambling. The current legislation does not fully cover the specific aspects of online casinos and bookmakers, creating opportunities to bypass established legal norms.

Moreover, although legislation provides for liability for the illegal organization of gambling, in practice, detecting and curbing such violations faces significant challenges. This is due to insufficient coordination between various state authorities and the lack of effective monitoring and control mechanisms. Another issue is the inadequate specification of requirements for the technical equipment and software of gambling establishments. The absence of unified standards leads to inconsistencies and complicates the licensing and oversight process [24, p.227]. 

Finally, the public's low awareness of existing bans and restrictions in the gambling sector, along with the absence of effective programs for gambling addiction prevention, undermines law enforcement efforts and contributes to the spread of gambling addiction. 

Addressing these gaps and inconsistencies, as well as strengthening measures for prevention and public awareness regarding the risks associated with gambling, are essential steps toward improving the effectiveness of gambling industry regulation in Kazakhstan.

Discussion

  Regulation of gambling in various countries demonstrates a diversity of approaches aimed at balancing economic interests with protecting society from the negative consequences of gambling addiction. Comparing the identified results with international practices allows for the determination of common trends and the most effective measures in gambling regulation.

An analysis of international experience highlights several key trends in gambling regulation:

1. Many countries have implemented a strict licensing and oversight system, imposing rigorous requirements on gambling operators. Companies are required to obtain licenses, report regularly, and comply with standards of fairness and transparency. This system enables authorities to monitor operators’ activities and protect consumer interests [25].
2. Several jurisdictions have introduced measures to protect vulnerable groups, including responsible gambling programs, restrictions on gambling advertising – particularly among young people – and awareness campaigns about the risks of gambling addiction. For instance, some states have restricted gambling adverts to avoid exposing minors and other specials groups to gambling [26];
3. Technologies are used to monitor and control the gambling industry. A few countries have put in place measures to track online betting as well as tools for self-exclusion for the gambler who wants to restrict his or her participation in gambling activities [27].

A comparative analysis reveals that the most effective approaches are all-encompassing strategies that include strict government regulation, protections for at-risk populations, and the application of technological innovations. Such steps can be implemented to minimize the adverse impacts of gambling and to strike a reasonable harmony between the economic advantages and the welfare  of the public. 

The development of digital technologies and the development of online gambling has changed the legal environment of gambling in the market. These changes have brought about new issues concerning regulation and supervision. Digitalization has brought about new forms of gambling through the internet which has potentially expanded the market size. In Kazakhstan, online casino services are illegal; however, this can be done, making it hard to control and regulate.  Also, the application of digital technologies in gambling makes it hard to identify the participants and enforce the age limits. This in turn increases the risk of young people being involved in gambling and therefore requires In order to  safeguard vulnerable groups, new mechanisms must be created.

Gambling is online is inherently transboundary which poses a significant challenge to its legal regulation. They  are differences in national legislation which enable operators to select jurisdictions with more lenient regulatory standards and offer services in countries with more stringent regulations. As a result, national authorities are faced with difficulties in enforcing their  regulations on foreign operators [28, p.34]. 

This paper argues that the current absence of a unified international approach to the regulation of online gambling exacerbates the problem. Such attempts to extend the reach of national laws extraterritorially face legal and practical challenges, including those grounded in principles of state sovereignty and varying legal traditions. Moreover, the technical characteristics of the online environment enable operators to swiftly change domain names, servers, and other infrastructure elements, making it difficult to detect and prevent illegal activities.

Conclusion

The present study, as conducted in this article, is dedicated to the pressing socio-legal issue of ludomania, or pathological gambling addiction, which is exacerbated by the development of digital technologies and the expansion of online gambling. The number of individuals suffering from gambling addiction is steadily increasing, and factors such as the accessibility of gambling, the lack of regulatory oversight, and the aggressive marketing strategies employed by gambling companies contribute to the involvement of the population, including socially vulnerable groups. In this regard, the study of legal measures to combat ludomania and the analysis of international practices in establishing liability for violations of gambling regulations are of particular importance.

The analysis has shown that ludomania is a complex phenomenon encompassing medical, psychological, and legal aspects. The World Health Organization (WHO) classifies Ludomania as a disorder associated with impaired impulse control. From a legal perspective, gambling addiction necessitates state regulation of the gambling sector, including the development of control mechanisms, the introduction of age restrictions, and the imposition of liability on operators that facilitate the spread of pathological gambling behavior. Ludomania has a significantly negative impact on individuals, families, the economy, and society, leading to deteriorating mental health, financial difficulties, and increased crime rates.

At the international level, there is no single document governing gambling activities; however, various organizations develop recommendations and guidelines aimed at mitigating the negative consequences of gambling. The European Commission has developed the "Recommendations on Principles for Consumer Protection and Responsible Gambling," which require operators to provide players with information about the risks, implement self-regulation mechanisms, and ensure the protection of minors.

The legal regulation of the gambling industry in the Republic of Kazakhstan is based on the Law "On Gambling Business" of 2007, which establishes the fundamental principles, conditions, and procedures for conducting activities in this field. The legislation imposes strict requirements on operators, including mandatory licensing and control over the location of gambling establishments. In 2024, amendments were introduced to strengthen oversight of online casinos and impose restrictions on the advertising of betting companies and totalizators. 

Research findings indicate that combating gambling addiction requires a comprehensive approach, incorporating regulatory measures, restrictions, and prevention strategies. Effective control tools include licensing, taxation, advertising restrictions, player registration and identification, as well as self-exclusion mechanisms. International experience shows that many countries implement self-exclusion systems, such as Spelpaus in Sweden and BetStop in Australia, allowing users to voluntarily block access to gambling platforms. Additionally, an important area of focus is the development of rehabilitation and prevention programs for gambling addiction, taking international best practices into account. 

An analysis of Kazakhstan’s current legislation has revealed several shortcomings that reduce the effectiveness of law enforcement in the gambling sector. In particular, there is insufficient efficiency in combating illegal online casinos and bookmakers, as well as a lack of clear definitions and regulations for online gambling. Therefore, it is necessary to strengthen control over gambling activities, implement effective prevention and self-exclusion mechanisms, and raise public awareness of gambling-related risks. Further improvement of national legislation is required, considering international experience and modern challenges associated with the expansion of online gambling.

А.Ж. Муратова, PhD докторы, Л.Н. Гумилев Евразия Ұлттық университеті Заң факультетінің Қылмыстық-құқықтық пәндер кафедрасының меңгерушісі (Қазақстан Республикасы, Астана қ.); И.С. Сактаганова, заң ғылымдарының кандидаты, Л.Н. Гумилев Евразия Ұлттық университеті Заң факультетінің Конституциялық және азаматтық құқық кафедрасының қауымдастырылған профессоры (Қазақстан Республикасы, Астана қ.): Лудоманиямен күрестің құқықтық аспектілері: жауапкершілікті белгілеудің халықаралық тәсілдері.

Зерттеудің өзектілігі әлеуметтік-құқықтық мәселе болып табылатын лудомания проблемасымен байланысты, оны цифрлық технологиялар мен онлайн-гемблинг одан әрі ушықтыруда. Мақаланың пәні – лудоманиямен күрестің құқықтық аспектілері және жауапкершілікті белгілеудің халықаралық тәсілдері. Зерттеудің мақсаты – халықаралық тәжірибелер мен ұлттық заңнаманы талдау, лудоманияның таралуын азайтуға бағытталған құқықтық тетіктерді жетілдіру бойынша ұсынымдар әзірлеу. Зерттеудің жаңашылдығы – лудоманиямен күресудің құқықтық аспектілерін кешенді талдау, Қазақстан заңнамасындағы олқылықтарды анықтау және халықаралық тәжірибеге сүйене отырып оны жетілдіру жолдарын ұсыну, сондай-ақ, ойын бизнесіндегі заң бұзушылықтар үшін түрлі жауапкершілік түрлерін зерттеу.

Қысқаша тұжырымдар: 1) Лудомания – тиімді құқықтық реттеуді қажет ететін күрделі мәселе. 2) Лицензиялау, салық салу, жарнаманы шектеу, тіркеу және өзін-өзі шектеуді қамтитын кешенді көзқарас қажет. 3) Халықаралық тәжірибе ойын бизнесін реттеу мен лудоманияның алдын алуда тиімді. 4) Қазақстан заңнамасы онлайн-гемблингті реттеу және заңсыз операторларды бақылау бөлігінде жетілдіруді қажет етеді. 5) Тиімді алдын алу шаралары үшін оңалту бағдарламалары мен тәуекелдер туралы хабардарлықты арттыру қажет.

Кілт сөздер: лудомания, ойынға тәуелділік, құмар ойындар, құқықтық реттеу, алдын алу, жауапкершілік, ойын бизнесі, онлайн-гемблинг, халықаралық тәжірибе, заңнама.

А.Ж. Муратова, доктор PhD, заведующая кафедрой уголовно-правовых дисциплин юридического факультета Евразийского национального университета имени Л.Н. Гумилева (Республика Казахстан, г. Астана);  И.С. Сактаганова, кандидат юридических наук, ассоциированный профессор кафедры конституционного и гражданского права юридического факультета Евразийского национального университета имени Л.Н. Гумилева (Республика Казахстан, г. Астана): Правовые аспекты борьбы с лудоманией: международные подходы к установлению ответственности.

Актуальность исследования заключается в социально-правовой проблеме лудомании, усугубляемой цифровыми технологиями и онлайн-гемблингом. Предметом исследования являются правовые аспекты борьбы с лудоманией и международные подходы к ответственности. Цель работы – анализ международных практик и национального законодательства, разработка рекомендаций по совершенствованию правовых механизмов для снижения распространения лудомании. Новизна исследования состоит в комплексном анализе правовых аспектов борьбы с лудоманией, выявлении пробелов в законодательстве Казахстана и предложении путей его совершенствования на основе международного опыта, а также в исследовании различных форм ответственности за нарушения в игорном бизнесе.

Краткие выводы: 1) Лудомания – серьезная проблема, требующая эффективного правового регулирования. 2) Необходим комплексный подход, включающий лицензирование, налогообложение, ограничение рекламы, регистрацию и самоограничение. 3) Международный опыт эффективен в регулировании игорного бизнеса и профилактике лудомании. 4) Законодательство Казахстана нуждается в совершенствовании в части регулирования онлайн-гемблинга и контроля нелегальных операторов. 5) Эффективная профилактика требует программ реабилитации и информирования о рисках.

Ключевые слова: лудомания, игровая зависимость, азартные игры, правовое регулирование, профилактика, ответственность, игорный бизнес, онлайн-гемблинг, международный опыт, законодательство.

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