Problems of application and interpretation of provisions on lottery obligations in private law
- Authors: Baukin V.G.1, Svarchevsky K.G.1
-
Affiliations:
- North-West Branch of the Russian State University of Justice named after V.M. Lebedev
- Issue: Vol 9, No 3 (2025)
- Pages: 410-419
- Section: Issues of Private and Public Law
- URL: https://journals.rcsi.science/2587-9340/article/view/315183
- ID: 315183
Cite item
Full Text
Abstract
Improving civil legislation, developing and applying special contractual rules is impossible without understanding the socio-economic nature of the regulated relationships. Assessing the characteristics and analyzing the ideal model for conducting lotteries allows us to identify problems in the doctrinal understanding of the subject composition, form, and content of the lottery obligation, as well as to establish the specifics of interpretation and enforcement. The overall goal of the research is achieved by solving a series of consecutive tasks. The starting point is the definition of the lottery's place in the gambling system, its evaluation from the perspectives of morality, economic utility, and social justification. Identifying and eliminating terminological uncertainty will allow for a clear distinction between non-legal and legal relations. Recognizing the contractual nature of the lottery sets the task of clarifying the nature and essential terms of the contract; participation in lotteries by individuals requires assessing the applicability of consumer protection legislation. The applied task should be to identify gaps in the legal regulation of lottery obligations. To solve the tasks set, along with the application of general legal methodology, the tools of comparative law were used. The assessment of the identified formal shortcomings in special legislation is given taking into account the requirements for legal terminology, the structure of normative legal acts, and legislative style. The study confirmed the thesis about shortcomings in understanding lottery obligations and the need to amend civil law. The essential part should address the most pressing issues, including the establishment of essential terms; the applicability of consumer protection legislation; and the optimization of the rules governing the execution of the lottery contract.
About the authors
Vyacheslav G. Baukin
North-West Branch of the Russian State University of Justice named after V.M. Lebedev
Author for correspondence.
Email: baukinvg@mail.ru
ORCID iD: 0000-0002-0918-4075
Cand. Sci. (Sociology), Associate Professor, Associate Professor of the Civil Law Department
Russian Federation, 5 Alexandrovsky Park, Saint Petersburg, 197046, Russian FederationKonstantin G. Svarchevsky
North-West Branch of the Russian State University of Justice named after V.M. Lebedev
Email: svarchewsky@yandex.ru
ORCID iD: 0000-0003-0376-9096
Cand. Sci. (Law), Associate Professor, Head of the Civil Law Department
Russian Federation, 5 Alexandrovsky Park, Saint Petersburg, 197046, Russian FederationReferences
- Shevtsov V.V. (2005). Card Games in Russia (Late 16th – Early 20th Century): The History of the Game and the History of Society. Tomsk: National Research Tomsk State University Publ., 244 р. (In Russ.)
- Solodina S.A. (2024). Historical experience of regulating responsibility for gambling in foreign countries. Obshchestvo, pravo, gosudarstvennost’: retrospektiva i perspektiva = Society, Law, Statehood: Retrospective and Perspective, no. 3 (19), pp. 77-85. (In Russ.) https://elibrary.ru/mbnywo
- Gongalo B.M. (2017). Civil Law: in 2 vols. Moscow, Statut Publ., vol. 2, 543 p. (In Russ.)
- Lymar A.S. (2025). The specifics of the qualification of illegal organization and conduct of gambling in betting shops. Pravo i gosudarstvo: teoriya i praktika = Law and State: Theory and Practice, no. 3, pp. 552-554. (In Russ.) https://doi.org/10.47643/1815-1337_2025_3_552, https://elibrary.ru/osccfi
- Novikova T.Yu., Evsikova E.V., Shchelkogonova E.V. (2021). Some questions of the theory and practice of criminal prosecution for illegal organization and conduct of gambling. Uchenye zapiski Krymskogo federal’nogo universiteta imeni V.I. Vernadskogo. Yuridicheskie nauki = Scientific Notes of the V. I. Vernadsky Crimean Federal University. Legal Sciences, vol. 7 (73), no. 2, pp. 126-140. (In Russ.) https://doi.org/10.37279/2413-1733-2021-7-2-126-140, https://elibrary.ru/lgodqc
- Belov V.A. (1999). Games and Betting as Institutions of Civil Law. Zakonodatel’stvo = Legislation, no. 9, pp. 13-22. (In Russ.)
- Tomtosov A.A. (2012). Civil law characteristics of a lottery contract. Khozyaistvo i pravo = Economy and Law, no. 1 (420), pp. 109-117. (In Russ.) https://elibrary.ru/ulhifx
- Braginskii M.I., Vitryanskii V.V. (2011). Contract Law. Bk. 5, vol. 2, Bank deposit agreements, bank account agreements; banking transactions. Contests, game contracts, and wagers. Moscow, Statut Publ., 623 p. (In Russ.)
- Iering R. (2008). Legal Technique. Moscow, Statut Publ., 229 p. (In Russ.)
- Tomtosov A.A. (2012). Lottery prize: theory and practice. Zakony Rossii: opyt, analiz, praktika = Laws of Russia: Experience, Analysis, Practice, no. 3, pp. 89-92. (In Russ.) https://elibrary.ru/owfknz
- Moiseeva O.V. (2025). Concept of legal practice in the legal implementation mechanism. Aktual’nye problemy gosudarstva i prava = Current Issues of the State and Law, vol. 9, no. 1, pp. 35-43. (In Russ.) https://doi.org/10.20310/2587-9340-2025-9-1-35-43, https://elibrary.ru/fkncvm
Supplementary files
