The media write that the Cabinet of Ministers is introducing restrictions on the operation of online casinos, including advertising of gambling and brands under which gambling activities are carried out, in particular using electronic communications and symbols of the Ukrainian Armed Forces.
As indicated, in pursuance of the decision of the National Security and Defense Council of April 20, 2024.
It seems that the promise made by the President of Ukraine in response to the petition initiated by our Warrior, who died not so long ago, has been fulfilled.
Hooray?
Not really.
Despite the unconditional positivity of the decision itself, the form raises questions.
The fact is that entrepreneurial activity, disposal of one’s property, dissemination of information, etc. – these are rights guaranteed by the Constitution of Ukraine.
And it is they, among other things, who are subject to the specified Government restrictions.
And such restrictions, in accordance with the requirements of the current legislation, which includes the practice of the ECHR, are possible in exceptional cases and solely on the basis of the LAW.
The Government Decree is NOT a law, but a subordinate act.
And, since the established requirements for the form of restrictions are not met, this is, in fact, the opening of Pandora’s box - for appeal and cancellation through the courts.
In this regard, only one question arises - why all this?
Why not solve at least one issue on which the government has already done a fair amount of PR, and many in power have made money, as required by the LAW?
Having adopted the corresponding changes to a whole bunch of LAWS.
From the disciplinary statutes of the Armed Forces of Ukraine to laws on communications and advertising.
