fbpx Lawyer's comment. The legality of the procedure for appointing the Head of the Commission is in question | Gamingpost.net
captainslot.consulting

Lawyer's comment. The legality of the procedure for appointing the Head of the Commission is in question


Anna Buyagi, Managing Partner of VigoLex Law Firm, gave several comments on the legality of the appointment of the Head and Members of the Gambling and Lotteries Regulatory Commission.
  • Gambling legalization
  • 2020-11-02 10:28:34
  • 1133
Lawyer's comment. The legality of the procedure for appointing the Head of the Commission is in question

The law on gambling came into force on August 13, 2020, which meant the need to create a Commission for the supervision of the gambling market within the next 2 months. The regulation of gambling has become one of the most pressing issues. The work of the Cabinet was not long in coming: on September 23, an official statement on the creation of such a Commission was issued.

However, another "but" came - a collision, which was formed in one of the articles of the law. In one part, it is indicated that the competition for the selection of members of the Commission should be conducted by the Cabinet of Ministers with the involvement of candidates from the relevant committee. In another part, it is said that this should be a commission from the highest corps of the civil service according to the general procedure for the selection of civil servants.

Anna Buyadzhi, Managing Partner of VigoLex Law Firm, comments:

"However, even this miscalculation of the legislator is not the biggest problem now, since the government decided to act with lightning speed and according to the" third "procedure, which is not at all provided in the law on gambling. So, on October 5, 2020, the Cabinet of Ministers accepted an order "On the need to appoint the Chairman of the Commission for the Regulation of Gambling and Lotteries." It is clear from the text of the document that the National Agency for Civil Service should consider the documents of those who wishing to take part in the selection and then submit them to the Minister of the Cabinet of Ministers for interviewing the candidates."

On October 6 of this year, the corresponding vacancies appeared on the Single Portal of Civil Service Vacancies, and the deadline for submitting documents was set for October 12.

“Having considerable experience in preparing, filling out and submitting documents for various high government positions, I will say that it is almost impossible to collect a full set of documents in such a short time. At the same time, candidates still need to fill out an electronic declaration of their property status, which is also not an easy task. I suppose that such short deadlines for submission of documents may indicate that the persons holding the positions of the chairman and members of the commission were already known in advance, and they already had the necessary package of documents. "

These are just assumptions, but there are other questions as well. Where is the open and transparent competition? Why candidates did not pass tests for knowledge of legislation and for abstract thinking, as defined by the Law of Ukraine "On Civil Service"? Parliamentarians say that the appointment procedure has been changed because of the established quarantine measures. So, for the period of quarantine and 30 days after its end, the procedure for temporary selection for civil service positions will be in force by concluding a fixed-term contract.

"From the analysis of the order on the appointment of the Chairman of the Commission, we can assume that the procedure for appointment by concluding a contract is applied, although this order does not contain a direct reference to the specified procedure. Thus, the selection of commission members should take place according to some original procedure, not provided for by the current legislation, by "conducting an interview" by the Minister of the Cabinet of Ministers. And this does not seem to be a violation. At the same time, I have reasonable doubts about the legality of such actions.

The Law on the State Budget temporarily suspended the norms of the Law of Ukraine “On Civil Service” and the Law “On Central Executive Bodies”, but by no means the Law on Gambling, which defines a special procedure for the election and appointment of commission members. So, in my opinion, the order on the appointment of the chairman of the commission, where the special procedure is applied, is at least contested, and at the most - frankly illegal, since it was accepted contrary to the mandatory provisions of the law on gambling. "

Source: LoginCasino.

Let us remind: the legality of the gambling business in Ukraine was established with the acceptance of the relevant bill in the second reading at a meeting of the Verkhovna Rada of Ukraine on July 14, 2020.

Legalization of gambling in Ukraine: The gambling business in Ukraine is ready to financially support the spheres of sports, culture and medicine.

Gambling business news in Ukraine: Anti-corruption expertise of the Law of Ukraine "On Amendments to the Tax Code of Ukraine regarding taxation of income from activities related to the organization and conduct of gambling and lotteries"

All the latest news from the gambling industry can be viewed on the gamingpost.net news portal about the gambling business.

YOU MUST PAY ATTENTION
B2B Licensees: What Are the Expectations for Companies Providing Services to the Gambling Market? Gambling legalization

B2B Licensees: What Are the Expectations for Companies Providing Services to the Gambling Market?

11 Ukrainian companies received licenses to provide services in the field of gambling. Do they have a lot of clients and did their work meet expectations? Read the exclusive report on Gamingpost.net.

  • 2021-07-29 11:42:24
  • 14
A year for the gambling business of Ukraine. How does the market work? Gambling legalization

A year for the gambling business of Ukraine. How does the market work?

On July 14, 2020, the Verkhovna Rada of Ukraine adopted the law "On state regulation of activities for the organization and conduct of gambling." Gamingpost.net remembered what happened this year. And what changes are still waiting for the legal Ukrainian gambling market?

  • 2021-07-22 11:03:40
  • 42
The fight against the black market, the roster of gambling addicts and taxes: a round table of experts Gambling legalization

The fight against the black market, the roster of gambling addicts and taxes: a round table of experts

Experts of the Ukrainian gambling market traditionally gathered at a round table. The main topic of discussion is the fight against the black market. How can legal operators help in the fight against illegal immigrants? And how many people asked KRAIL to protect themselves from gambling? Watch this exclusive Gamingpost.net report.

  • 2021-07-09 11:28:00
  • 53
What taxes does the gambling business of Ukraine need? Press conference of experts Gambling legalization

What taxes does the gambling business of Ukraine need? Press conference of experts

The Association and operators of the Ukrainian gambling market held a press conference. It told what kind of amendments the market wants to see in the law on changes in taxation. Details are in a special report from Gamingpost.net.

  • 2021-06-25 12:35:30
  • 90
Exhibition "Gaming Industry": feedback from participants Gambling legalization

Exhibition "Gaming Industry": feedback from participants

The first exhibition of Ukrainian gambling, Gaming Industry, was held from June 9 to 11 in Kyiv. Fifty participants from 11 countries of the world presented their best equipment, and market experts and representatives of KRAIL answered questions at conferences. Reviews of the large-scale gambling holiday were exclusively collected by Gamingpost.net.

  • 2021-06-14 14:05:50
  • 173
Ukraine hotels with casinos: full list Gambling legalization

Ukraine hotels with casinos: full list

38 Ukrainian hotels received permission from KRAIL to open a gambling establishment. Gamingpost.net has calculated which cities will have the most casinos and gambling halls. And where else will soon be possible to place a bet or play roulette.

  • 2021-06-07 12:24:41
  • 158
More contents