Review

In 2020, with the legalization of the gambling business in Ukraine, Article 203–2 of the Criminal Code of Ukraine was also changed, which now provides for criminal liability only for illegal organization or conduct of gambling, that is, the objective aspect of this crime has been significantly narrowed. Statistics indicate the effective work of the defense, as less than 10 % of criminal proceedings from the pre-trial investigation stage move to the trial stage. Therefore, it is very important to provide lawyers with knowledge and recommendations on the organization and tactics of defense in this category of criminal proceedings. is to study the issues of the peculiarities of the organization and tactics of defense in criminal proceedings regarding the illegal organization or conduct of gambling, to study and analyze materials from the practice of organizing defense and to formulate scientifically based proposals for improving defense tactics in this category of criminal proceedings. The author recognizes that defense tactics are a separate subdivision of forensic tactics, and the ability to subsequently return one’s property, defend other rights and interests not only of the defendant, but also of other persons who are not directly participants in criminal proceedings, but whose interests are affected by these proceedings, depends on the lawyer’s skill. The author concludes that defense tactics in criminal proceedings under Art. 203–2 of the Criminal Code of Ukraine should include not only the collection of evidentiary information, but also a clear and correct formation of the legal position and line of defense and the defense of the chosen line of defense during the pre-trial investigation and trial. As practice materials show, it was the correctly chosen defense tactics and competently organized defense with a clear defense of the chosen line of defense that made it possible to prove the innocence of the accused in committing this serious crime. Therefore, it is very important to involve a lawyer in criminal proceedings as soon as possible and to involve him in all ІSA or other procedural actions, because he can timely indicate violations of the law during their conduct, which will facilitate the defense at the stage of trial. Therefore, further in-depth scientific research on the issues of lawyer participation in ІSA and other procedural actions during the pre-trial investigation of criminal proceedings regarding the illegal organization or conduct of gambling will be very important and promising.