Аңдатпа
This article examines the legal nature of the “club draw lottery” in the Republic of Kazakhstan. It analyzes the differences between a club draw lottery and a traditional draw lottery. The main purpose of the study is to identify the specific characteristics of a club draw lottery and to determine the causes of legal uncertainty associated with its application. This will help reduce the possibility of conflating these concepts.The primary research tool employed is the comparative legal method, which made it possible to identify the key legal characteristics of a draw lottery and compare them with those of a club draw lottery. In addition, formal legal and legal-logical research methods were used. The study also includes an analysis of international experience in the regulation of lottery activities.The research establishes that a club draw lottery, when considered a type of draw lottery, does not correspond to the fundamental characteristics of a traditional draw lottery. The authors note that participation in a club draw lottery is restricted to a specific group of individuals, making this model similar in certain respects to casino operations, while the mechanism for forming the prize fund raises questions from the perspective of existing legislation. An analysis of international practice demonstrates that in countries with well-developed lottery industries, such as the United States, the United Kingdom, and China, an independent category of club lotteries as a separate type of lottery is not provided for in the regulatory frameworks governing lottery activities. The article also examines examples from law enforcement and judicial practice where the activities of lottery clubs created difficulties during pre-trial investigations. The authors conclude that a club draw lottery does not possess independent and clearly established legal characteristics that would allow it to be unequivocally distinguished from a traditional draw lottery. This complicates the uniform interpretation and application of relevant legislative provisions. Such legal uncertainty may be exploited to circumvent existing lottery regulations. In this regard, the authors conclude that there is a need for a clear legislative distinction between these types of lotteries and propose establishing an exhaustive list of lottery types in the Law of the Republic of Kazakhstan No. 495-V dated 9 April 2016 “On Lotteries and Lottery Activities.”