Illegal Organization and Conduct of Gambling

The objective of the research, which is based on the current legislation, is a complex studying of questions of legal regulation of the illegal organization and carrying out of gambling as most dangerous public act. The main issues of this research are: a) characterizing of gambling as threat of public safety and morality; b) consideration of history of development of the Russian legislation about the responsibility for the illegal organization of gambling; c) analysis of foreign experience of criminal liability for the illegal organization of gambling; d) a research of objective and subjective essential elements of offense, provided by the Art. 171.2 of the Criminal Code of the RF. On the basis of the conducted research were drawn the following conclusions: first, under a crime object in the form of illegal organization and carrying out of gambling in the order established by the law on it. The public relations can be considered as a patrimonial data object of crimes, these relations provide proper functioning of national economy in general, by a specific object – the public relations in various spheres of economic activity concerning production, distribution, exchange and consumption of material benefits and services acts. Secondly, the objective aspect of a crime is, as usual, expressed in the organization and carrying out of gambling outside the territory of gambling zones, in the organization and carrying out of gambling by means of telecommunication, including the Internet network, and also in implementation of a gambling business within gambling zones, but without availability of the corresponding license. Thirdly, inclusion in structure of the p. 2 of Art. 171.2 of the Criminal Code of the Russian Federation of a condition about commission of crime by a group of persons and by previous collusion is not expedient since the aggravating circumstance has to be rather widespread, however cannot accompany the majority of crimes of a certain type.