Law on state regulation of gambling - Rossiyskaya Gazeta.  Orthodox parish of the Church of the Assumption of the Mother of God in Kamyshin, Volgograd diocese of the Russian Orthodox Church - Gambling

Chapter 1. General Provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law defines the legal basis for the state regulation of the organization and conduct of gambling on the territory of the Russian Federation and establishes restrictions on the implementation of this activity in order to protect the morality, rights and legitimate interests of citizens.

2. This Federal Law does not apply to the activities of organizing and conducting lotteries, as well as to the activities of stock exchanges.

Article 2. Legislation on the state regulation of the organization and conduct of gambling

Legal regulation of the activities of organizing and conducting gambling is carried out in accordance with the Civil Code of the Russian Federation, this Federal Law, other federal laws, the laws of the constituent entities of the Russian Federation, and may also be carried out by other regulatory legal acts adopted in accordance with this Federal Law.

Article 3. State regulation of activities for the organization and conduct of gambling

1. State regulation of activities for the organization and conduct of gambling is carried out by:

1) establishing the procedure for carrying out activities for the organization and conduct of gambling and relevant restrictions, mandatory requirements for the organizers of gambling, gambling establishments, visitors to gambling establishments, gambling zones;

2) the allocation of territories intended for the implementation of activities for the organization and conduct of gambling - gambling zones;

3) issuance of permits for the implementation of activities for the organization and conduct of gambling in gambling zones;

4) issuance of licenses for carrying out activities for the organization and conduct of gambling in bookmakers and betting shops;

5) detection, prohibition and suppression of the activities of persons engaged in the organization and conduct of gambling in violation of the legislation on state regulation of the organization and conduct of gambling.

2. State regulation of the organization and conduct of gambling in accordance with this Federal Law is carried out by the Government of the Russian Federation, the federal executive body authorized by the Government of the Russian Federation to exercise the functions of legal regulation in the field of organizing and conducting gambling, other federal bodies executive authorities of the Russian Federation within their competence, state authorities of the constituent entities of the Russian Federation authorized to exercise the functions of managing gambling zones.

3. Checking the technical condition of gaming equipment is carried out by the federal executive body authorized by the Government of the Russian Federation, which exercises the functions of monitoring and supervising compliance with the legislation on taxes and fees.

Article 4. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) gambling - a risk-based winning agreement concluded by two or more participants in such an agreement between themselves or with the organizer of gambling in accordance with the rules established by the organizer of gambling;

2) bet - gambling, in which the outcome of a risk-based agreement on winning, concluded by two or more participants in a bet between themselves or with the organizer of this type of gambling, depends on an event, regarding which it is not known whether it will occur or not;

3) bet - funds transferred by a participant of a game of chance to the organizer of the game of chance or another participant of the game of chance and serving as a condition for participation in the game of chance in accordance with the rules established by the organizer of the game of chance;

4) winnings - money or other property, including property rights, subject to payment or transfer to a gambling participant upon the occurrence of a result of gambling, provided for by the rules established by the organizer of gambling;

5) the organizer of gambling - a legal entity carrying out activities for the organization and conduct of gambling;

6) activities for organizing and conducting gambling - activities aimed at concluding risk-based agreements on winning with participants in gambling and (or) organizing the conclusion of such agreements between two or more participants in gambling;

7) gambling zone - a part of the territory of the Russian Federation, which is intended for carrying out activities for the organization and conduct of gambling and the boundaries of which are established in accordance with this Federal Law;

8) permission to carry out activities for the organization and conduct of gambling in a gambling zone - a document issued in accordance with this Federal Law that gives the organizer of gambling the right to carry out activities for the organization and conduct of gambling in one gambling zone without limiting the number and type of gambling establishments;

9) a license to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes - a document issued in accordance with this Federal Law and granting the organizer of gambling the right to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes outside gambling zones, with the obligatory indication in the appendix to it of the number and location of branches or other places of carrying out activities for the organization and conduct of gambling in bookmakers and sweepstakes;

10) gambler - a natural person who participates in a gamble and enters into a risk-based winning agreement with an organizer of a gamble or another gambler;

11) gambling establishment - a building, structure, structure (single separate part of a building, structure, structure) in which activities are carried out exclusively for the organization and conduct of gambling and the provision of services related to gambling (including a branch or other place of carrying out activities for organizing and conducting gambling and providing services related to gambling);

12) casino - a gambling establishment in which activities are carried out for the organization and conduct of gambling using gaming tables or gaming tables and other gaming equipment provided for by this Federal Law;

13) slot machine hall - a gambling establishment in which activities are carried out to organize and conduct gambling using slot machines or slot machines and other gaming equipment provided for by this Federal Law, with the exception of gaming tables;

14) bookmaker's office - a gambling establishment or a part of a gambling establishment in which the organizer of gambling makes bets with participants in this type of gambling;

15) tote - a gambling establishment or a part of a gambling establishment in which the organizer of gambling organizes betting between participants in this type of gambling;

16) gaming equipment - devices or devices used for gambling;

17) gaming table - gaming equipment, which is a place with one or more playing fields and with the help of which the organizer of gambling conducts gambling between its participants or acts as a participant through its employees;

18) slot machine - gaming equipment (mechanical, electrical, electronic or other technical equipment) used for gambling with a material prize, which is determined randomly by a device located inside the case of such gaming equipment, without the participation of the organizer of gambling or its employees;

19) cash desk of a bookmaker's office - a part of a gambling establishment in which the organizer of gambling makes bets with participants in this type of gambling and in which there is special equipment that allows you to take into account bets, determine the result of gambling and pay out the winnings;

20) totalizator cash desk - a part of a gambling establishment in which the organizer of gambling organizes betting between participants in this type of gambling and in which there is special equipment that allows bets to be counted, the result of gambling to be determined and the winnings to be paid out;

21) cash desk of a gambling establishment - a part of a gambling establishment in which the organizer of gambling carries out transactions with monetary funds and in which special equipment is located that allows such operations to be carried out;

22) service area for gamblers - a part of a gambling establishment in which gaming equipment, cash desks of a gambling establishment, betting shop, bookmaker's office, as well as other equipment used by gamblers are installed;

23) official zone of a gambling establishment - a separate part of a gambling establishment, which is intended for employees of the organizer of gambling and in which participants of gambling are not allowed;

24) services related to gambling - hotel services, catering services, services in the field of entertainment and entertainment events.

Article 5. Restrictions on the implementation of activities for the organization and conduct of gambling

1. Activities related to the organization and conduct of gambling may be carried out exclusively by the organizers of gambling, subject to the requirements provided for by this Federal Law, other federal laws, laws of the constituent entities of the Russian Federation and other regulatory legal acts.

2. Activities related to the organization and conduct of gambling may be carried out exclusively in gambling establishments that meet the requirements provided for by this Federal Law, other federal laws, laws of the constituent entities of the Russian Federation, and other regulatory legal acts of the Russian Federation.

3. Activities for the organization and conduct of gambling using information and telecommunication networks, including the Internet, as well as means of communication, including mobile communications, are prohibited.

4. Gambling establishments (with the exception of betting shops and sweepstakes) may be opened exclusively in gambling zones in accordance with the procedure established by this Federal Law.

5. Gambling zones cannot be created on the lands of settlements.

Article 6. Requirements for organizers of gambling

1. Only legal entities registered in accordance with the established procedure on the territory of the Russian Federation can act as organizers of gambling.

2. Legal entities whose founders (participants) are the Russian Federation, subjects of the Russian Federation or local governments cannot act as organizers of gambling.

3. The organizer of gambling is obliged to provide the information necessary to monitor compliance with the requirements of the legislation on state regulation of the organization and conduct of gambling. The composition and procedure for providing such information are established by the Government of the Russian Federation.

4. The organizer of gambling is obliged to ensure the personal safety of participants in gambling, other visitors to the gambling establishment, employees of the organizer of gambling during their stay in the gambling establishment.

5. The organizer of gambling is obliged to comply with the rules established by the Government of the Russian Federation in accordance with this Federal Law for making transactions with funds when organizing and conducting gambling.

6. The value of the net assets of the organizer of gambling during the entire period of the organization and conduct of gambling cannot be less than:

1) 600 million rubles - for organizers of gambling in casinos and slot machine halls;

2) 100 million rubles - for the organizers of gambling in bookmakers and sweepstakes.

7. For the purposes of this Federal Law, the procedure for calculating the value of the net assets of organizers of gambling is established by the federal executive body authorized by the Government of the Russian Federation.

8. The Government of the Russian Federation may establish additional requirements for organizers of gambling.

Article 7. Requirements for visitors to a gambling establishment

1. Visitors to a gambling establishment are gamblers who are in a gambling establishment, as well as other persons whose access to gambling establishments is not prohibited in accordance with this Federal Law.

2. Visitors to a gambling establishment may not be persons under the age of eighteen.

3. The organizer of gambling has the right to independently establish the rules for visiting a gambling establishment that do not contradict this Federal Law.

4. At the request of the employees of the organizer of gambling, a visitor to a gambling establishment who violates the rules for visiting a gambling establishment established in accordance with this Federal Law must immediately leave the gambling establishment.

Article 8. General requirements for a gambling establishment

1. A gambling establishment must be divided into a service area for gamblers and a service area of ​​a gambling establishment.

2. In a place accessible to visitors to a gambling establishment, the text of this Federal Law, the rules of gambling established by the organizer of gambling and the rules for visiting a gambling establishment, a permit to carry out activities for the organization and conduct of gambling in a gambling zone or a license to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes.

3. The organization and conduct of gambling can be carried out exclusively by employees of the organizer of gambling. Persons under the age of eighteen cannot be employees of the organizer of gambling.

4. Gambling equipment used in a gambling establishment must comply with the requirements of the legislation of the Russian Federation on technical regulation, technical regulations, standards, as well as other mandatory requirements and be owned by the organizer of gambling. The premises of the gambling establishment must always have documents confirming the compliance of the gambling equipment with the specified requirements.

5. Technically, the average winning percentage of each slot machine cannot be less than ninety percent.

Chapter 2. Gambling zones

Article 9. Creation and liquidation of gambling zones

1. Four gambling zones are being created on the territory of the Russian Federation. No more than one gambling zone can be created on the territory of one subject of the Russian Federation. If the gambling zone includes parts of the territories of several constituent entities of the Russian Federation, other gambling zones cannot be created on the territories of the respective constituent entities of the Russian Federation.

2. Gambling zones are created on the territories of the following subjects of the Russian Federation:

Altai region;

Primorsky Krai;

Kaliningrad region;

Krasnodar Territory and Rostov Region (this gambling zone includes part of the territory of each of the indicated constituent entities of the Russian Federation).

3. The procedure for the creation and liquidation of gambling zones, as well as their names, boundaries, and other parameters of gambling zones are determined by the Government of the Russian Federation.

4. Decisions on the creation and liquidation of gambling zones are made by the Government of the Russian Federation in agreement with the state authorities of the constituent entities of the Russian Federation. At the same time, the boundaries of gambling zones are determined on the basis of proposals from state authorities of the constituent entities of the Russian Federation, submitted to the Government of the Russian Federation.

5. Proposals on the boundaries of gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, are submitted to the Government of the Russian Federation on the basis of an agreement concluded between the state authorities of the relevant constituent entities of the Russian Federation.

6. The procedure for managing gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, the procedure for exercising in such gambling zones the rights granted to the constituent entities of the Russian Federation by the legislation of the Russian Federation on taxes and fees, the procedure for distributing between the budgets of the relevant constituent entities of the Russian Federation funds from taxes and fees to be credited to the budgets of the constituent entities of the Russian Federation are determined on the basis of an agreement concluded between the state authorities of the relevant constituent entities of the Russian Federation.

7. The duration of gambling zones cannot be limited. The decision to liquidate the gambling zone cannot be made by the Government of the Russian Federation before the expiration of ten years from the date of its creation.

8. The decision to create a gambling zone may establish additional requirements for certain types of gambling establishments and other restrictions.

Article 10. Management of gambling zones

1. Gambling zones are managed by authorized state authorities of a subject of the Russian Federation (hereinafter referred to as gambling zone management bodies). The governing bodies of gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, are determined on the basis of an agreement between the state authorities of the relevant constituent entities of the Russian Federation.

2. Governing bodies of gambling zones:

1) carry out the functions of organizing the interaction of state authorities, local governments, organizers of gambling, as well as other persons in connection with the implementation of state regulation of the organization and conduct of gambling;

2) in accordance with the procedure established by the legislation of the constituent entity of the Russian Federation (an agreement between the state authorities of the relevant constituent entities of the Russian Federation), they transfer to the organizers of gambling, as well as to other persons, the ownership or lease of land plots located in gambling zones;

3) carry out the functions of issuing, reissuing and canceling permits for carrying out activities for organizing and conducting gambling in the gambling zone;

4) exercise control over the observance by the organizers of gambling, as well as other persons, of the provisions of the legislation on state regulation of activities for the organization and conduct of gambling.

3. Organizers of gambling in gambling zones have the right to create non-profit organizations whose task is to organize interaction between the organizers of gambling and the governing bodies of one gambling zone, as well as other state authorities and local governments (hereinafter referred to as associations of organizers of gambling).

4. Part of the functions of the governing bodies of gambling zones may be transferred to an association of organizers of gambling on the basis of an agreement, the procedure for concluding which is established by the legislation of a constituent entity of the Russian Federation (an agreement between state authorities of the relevant constituent entities of the Russian Federation).

5. For the purpose of exercising control over compliance by the organizers of gambling with the requirements of this Federal Law and other regulatory legal acts of the Russian Federation, the gambling zone management bodies are obliged to provide reports, the content and procedure for the provision of which are established by the federal executive body authorized by the Government of the Russian Federation.

Article 11. Criteria for the selection of land plots for the creation of gambling zones

1. At the time of the creation of a gambling zone, the land plots forming it should not be in the possession and (or) use of citizens, legal entities, with the exception of land plots that are provided for the placement and use of engineering infrastructure facilities and on which such facilities are located.

2. At the time of the creation of a gambling zone, only objects that are state-owned, municipally owned and not owned and (or) used by citizens, legal entities, with the exception of engineering and transport facilities, can be located on the land plots that form it. infrastructures.

Article 12. Use of land plots of gambling zones

1. Land plots of gambling zones and (or) objects located on them (with the exception of objects of engineering and transport infrastructure, as well as land plots on which such objects are located) are transferred to the ownership or lease to the organizers of gambling or other persons.

2. The transfer to the organizers of gambling or other persons of the ownership or lease of land located in gambling zones is carried out by the governing bodies of gambling zones in the manner determined by the legislation of the constituent entity of the Russian Federation (an agreement between the state authorities of the relevant constituent entities of the Russian Federation).

Article 13

1. Permission to carry out activities for the organization and conduct of gambling in the gambling zone gives the organizer of gambling the right to carry out activities for the organization and conduct of gambling in the gambling zone, subject to the requirements and restrictions established by the decision to establish the relevant gambling zone.

2. Permission to carry out activities for the organization and conduct of gambling in the gambling zone is issued by the gambling zone management body in accordance with the legislation of the constituent entity of the Russian Federation (an agreement between the state authorities of the relevant constituent entities of the Russian Federation), including by holding an auction or competition.

3. Permission to carry out activities for the organization and conduct of gambling in the gambling zone is issued without limitation of validity and is valid until the liquidation of the relevant gambling zone. The permit for organizing and conducting gambling activities in the gambling zone must indicate the date from which the organizer of gambling has the right to start carrying out the relevant activities, as well as the name of the gambling zone in which such activities can be carried out.

4. Permission to carry out activities for the organization and conduct of gambling in the gambling zone may be canceled by the gambling zone management body in the following cases:

1) liquidation in accordance with the established procedure of a legal entity that is an organizer of gambling;

2) non-compliance of the gambling establishment with the requirements established by this Federal Law;

3) violation by the organizer of gambling of the procedure established by this Federal Law for organizing and conducting gambling, including in the case of carrying out activities for organizing and conducting gambling outside the gambling zone;

4) repeated violation by the organizer of gambling of the established procedure for providing information provided for by this Federal Law, or revealing facts of unreliability of such information;

5) application of the organizer of gambling.

5. If, within three years from the date of obtaining a permit to carry out activities for organizing and conducting gambling in the gambling zone, the organizer of gambling has not started carrying out activities for organizing and conducting gambling in the relevant gambling zone, this permit is cancelled.

6. The decision to refuse to issue, reissue or cancel a permit to carry out activities for the organization and conduct of gambling in a gambling zone may be appealed in accordance with the established procedure in court.

Chapter 3

Article 14

1. Activities related to the organization and conduct of gambling in betting shops and sweepstakes may be organized outside the gambling zones in the manner prescribed by this chapter.

2. Betting shops and sweepstakes (with the exception of those opened in gambling zones) can be opened solely on the basis of licenses for organizing and conducting gambling in bookmakers and sweepstakes, the procedure for issuing which is determined by the Government of the Russian Federation.

3. In betting shops and sweepstakes located outside the gambling zones, activities related to the organization and conduct of gambling using slot machines and gaming tables cannot be carried out.

Article 15

1. Bookmaker's offices and sweepstakes can be located only in buildings, structures, structures that are capital construction projects.

2. Bookmakers and betting shops cannot be located:

1) in housing facilities, construction in progress, in temporary buildings, in kiosks, under sheds and in other similar buildings;

2) in buildings, structures, structures in which children's, educational, medical, sanatorium and resort institutions are located;

3) in buildings, structures, structures of bus stations, railway stations, river stations, river ports, airports, stations and stops of all types of public transport (public transport) of urban and suburban traffic;

4) in premises where activities are carried out that are not related to the organization and conduct of gambling or the provision of services related to gambling;

5) in buildings, structures, structures that are in state or municipal ownership and in which federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments, state or municipal institutions and unitary enterprises are located;

6) in buildings, structures, structures in which cult and religious organizations are located.

3. Bookmaker's offices and betting shops also cannot be located on the land plots on which the objects specified in part 2 of this article are located. Additional requirements for betting shops and sweepstakes may be established by the Government of the Russian Federation.

Article 16. Final provisions

1. Gambling establishments that have the appropriate licenses, subject to their compliance with the requirements established by Part 6 of Article 6, Parts 1, 3-5 of Article 8, Parts 2 and 3 of Article 15 of this Federal Law, Part 2 of this Article, have the right to continue their activities until June 30 2009 without obtaining the permission provided for by this Federal Law to carry out activities for the organization and conduct of gambling in the gambling zone. At the same time, the requirements established by Part 2 of Article 15 of this Federal Law apply to all gambling establishments, regardless of their type.

2. Gambling establishments must meet the following requirements:

1) gambling establishments can be located only in buildings, structures, structures that are objects of capital construction, occupy these objects completely or be located in a single isolated part of them;

2) a gambling establishment cannot be located in buildings, structures, structures of sports and recreation and sports institutions (with the exception of bookmakers and totalizators);

3) the area of ​​the service area for gamblers in a casino cannot be less than eight hundred square meters, and it must contain a cash desk of a gambling establishment, a cloakroom, places for recreation for visitors to a gambling establishment, and a toilet. In a place accessible to visitors to a gambling establishment, the text of this Federal Law, the rules of gambling established by the organizer of gambling and the rules for visiting a gambling establishment, a license to organize and maintain sweepstakes and gambling establishments must be posted;

4) at least ten gaming tables must be installed in the service area of ​​gamblers in the casino, and slot machines, totalizator cash desks and (or) bookmaker's office can also be installed. Gaming tables and slot machines installed in the casino must be exclusively owned by the organizer of gambling;

5) in the official area of ​​the gambling establishment there must be a rest room for the employees of the organizer of gambling, a specially equipped room for receiving, issuing and temporarily storing funds, a room for organizing the security service of the gambling establishment;

6) in the case of installation of slot machines in the service area of ​​gamblers in a casino, this gambling establishment is subject to the requirements established by paragraphs 8, 10 of this part;

7) the area of ​​the service area for gamblers in the slot machine hall cannot be less than one hundred square meters, and there must be a cash desk of the gambling establishment and a toilet in it;

8) at least fifty slot machines must be installed in the service area for gamblers in the slot machine hall, and there may also be cash registers of a totalizator and (or) a bookmaker's office;

9) in the service area of ​​the slot machine hall there should be a specially equipped room or equipment should be installed for receiving, issuing and temporary storage of funds;

10) slot machines installed in the slot machine hall must be exclusively owned by the organizer of gambling. Technologically, the average percentage of cash winnings for each slot machine must be no less than ninety percent;

11) in the service area of ​​gamblers in the bookmaker's office there must be a bookmaker's cash desk, and there may also be a totalizator cash desk;

12) the organizer of gambling in a bookmaker's office, using special equipment, is obliged to ensure the reception, unified accounting, processing of bets and payment of winnings;

13) the organizer of gambling in a bookmaker's office has the right to independently determine the event on which the outcome of a bet depends, except for cases established by federal laws;

14) the provisions of paragraphs 11-13 of this part shall also apply to the cash desks of betting offices located in casinos, slot machine halls;

15) in the service area of ​​participants of gambling in the totalizator there must be a cash desk of the totalizator;

16) the organizer of gambling in a totalizator, using special equipment, is obliged to ensure the acceptance, unified accounting, processing of bets and payment of winnings;

17) the organizer of gambling in the totalizator is obliged to provide the participants of gambling with the opportunity to observe the development and outcome of the event, on which the result of the bet depends, including with the help of special equipment;

18) the provisions of paragraphs 15-17 of this part shall also apply to totalizator cash desks located in casinos, slot machine halls and betting shops.

3. Control over the compliance by the organizers of gambling with the requirements established by parts 1 and 2 of this article is carried out by the federal executive body authorized by the Government of the Russian Federation, which exercises the functions of monitoring and supervising compliance with the legislation on taxes and fees.

4. For the relevant licensees, the validity period of licenses issued before the date of entry into force of this Federal Law and valid on the day of entry into force of this Federal Law of licenses for the organization and maintenance of sweepstakes and gambling establishments is extended until June 30, 2009, regardless of the period specified in the available such licensees licensees.

5. From the date of entry into force of this Federal Law, the issuance of new licenses for organizing and conducting gambling and (or) betting shall be terminated, with the exception of licenses issued in accordance with this Federal Law for organizing and conducting gambling in betting shops. offices and sweepstakes.

6. The activities of gambling establishments that do not meet the requirements established by parts 1 and 2 of this article must be terminated before July 1, 2007.

7. State authorities of the constituent entities of the Russian Federation shall have the right to take a decision before July 1, 2007 to prohibit, starting from July 1, 2007, on the territory of the constituent entity of the Russian Federation (with the exception of gambling zones) the organization and conduct of gambling (including in relation to certain types gambling establishments).

8. Decisions taken by the state authorities of the constituent entities of the Russian Federation before the date of entry into force of this Federal Law on the prohibition of activities for the organization and conduct of gambling (including in relation to certain types of gambling establishments), on the establishment of restrictions on this activity on the territory of the constituent entity of the Russian Federation ( with the exception of gambling zones) remain valid.

9. The gambling zones provided for by this Federal Law must be created before July 1, 2007. The activities of gambling establishments that do not have a permit provided for by this Federal Law to carry out activities for the organization and conduct of gambling in a gambling zone must be terminated before July 1, 2009, with the exception of bookmakers and sweepstakes that meet the requirements of this Federal Law.

10. Before the expiration of six months from the date of entry into force of this Federal Law, the Government of the Russian Federation and state authorities of the constituent entities of the Russian Federation must adopt regulatory legal acts necessary to implement the provisions of this Federal Law.

Article 17

Include in paragraph 1 of Article 17 of Federal Law No. 128-FZ of August 8, 2001 "On Licensing Certain Types of Activities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, Art. 3430; 2002, No. 11, Art. 1020; No. 50 ,

Art. 4925; 2003, N 2, art. 169; No. 11, art. 956; No. 13, Art. 1178; 2005, N 13, art. 1078; No. 27, art. 2719; 2006, N 50, art. 5279) the following changes:

1) subparagraphs 76 and 77 shall be declared invalid;

2) supplement with subparagraph 104 of the following content:

"104) activities related to the organization and conduct of gambling in betting shops and sweepstakes.".

Article 18

Include in paragraph 1 of article 33333 of the second part of the Tax Code of the Russian Federation (Sobranie zakonodatelstva Rossiyskoy Federatsii, 2000, No. 32,

Art. 3340; 2004, N 45, art. 4377; 2005, N 30, art. 3117; No. 52, art. 5581; 2006, N 1, art. 12; No. 27, art. 2881; No. 43, Art. 4412) the following changes:

1) subparagraph 72 shall be declared invalid;

2) supplement with subparagraph 85 of the following content:

"85) for the following actions of authorized bodies related to the issuance of licenses to carry out activities for the organization and conduct of gambling in bookmakers and betting shops:

consideration of an application for a license - 300 rubles;

issuance of a license - 3000 rubles;

renewal of the license - 1000 rubles.".

Article 19

Recognize invalid:

1) paragraphs four hundred and thirty - four hundred and thirty three of paragraph 5 of Article 2 of the Federal Law of November 2, 2004 N 127-FZ "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation, as well as on Recognition as Lost the force of individual legislative acts (provisions of legislative acts) of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 45, Art. 4377);

2) paragraphs seventy-eight and seventy-ninth of subparagraph "a" of paragraph 9 of Article 1 of the Federal Law of July 2, 2005 N 80-FZ "On Amendments to the Federal Law" On Licensing Certain Types of Activities", the Federal Law "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the course of state control (supervision)" and the Code of the Russian Federation on Administrative Offenses" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 27, Article 2719).

Article 20. Entry into force of this Federal Law

1. This Federal Law shall enter into force on January 1, 2007, with the exception of paragraph 1 of Article 17, Articles 18 and 19 of this Federal Law.

2. Clause 1 of Article 17, Clause 1 of Article 18 and Article 19 of this Federal Law shall enter into force on June 30, 2009.

3. Clause 2 of Article 18 of this Federal Law shall enter into force one month after its official publication.

President of Russian Federation

Gambling

The term currently has the following economic definition: betting on money or any material value on an event with a dubious outcome with the main intention of making a profit or material values. Gambling depends more on chance than on the skill of the players, and the size of the bets is assigned arbitrarily and can be changed by the players, and the main interest is directed not to the process of the game, but to its outcome.

Theoretical Features

Although the outcome of gambling depends on chance, on a large scale it is also subject to certain laws. Owners of roulettes and other gambling houses with a long game always win even if the game is not accompanied by any deception. This is determined by the very conditions of the game. Establishing conditions under which the game is "fair" or "harmless", that is, gives both parties exactly the same chance of winning, as well as conditions that ensure, when the game is produced on a large scale (that is, with a very large number of iterations), a certain gain for one side, is the subject of mathematical research related to the field of probability theory.

Story

Slot machine room in the casino

In ancient India, as well as throughout the world, the game of dice was known. The collection of Vedic hymns "Rig Veda" contains the poem "Complaints of the Player", which warns against gambling: "Do not play dice, but plow your furrow! Find pleasure in your property and value it highly! Look after your cattle and your wife, despicable player! In the book " Bhavishya Purana"There is a story related to gambling: a certain prince lost everything, including his own wife, playing dice. The epic "Mahabharata" calls gambling a game of chance, which nevertheless describes in sufficient detail.

There is evidence of a passion for gambling with dice among the ancient Greeks, especially the Corinthians. Only in Sparta was gambling completely banished. Gambling is also mentioned in ancient Greek mythology. According to Greek legend, Palamedeus suggested a game of dice to entertain Greek soldiers who were bored waiting at the siege of Troy. The Greek biographer Plutarch mentions the Persian queen Parisatis [ specify], an avid fan of dice.

Gambling was unusually popular among the Germans. The ancient German lost not only his property, but also his freedom: the one who lost and no longer had anything to pay was sold into slavery. Although already in the 13th century legal restrictions began to appear, and in the 14th century in Germany, as elsewhere, they began to prohibit gambling houses (first appeared in the 12th century in Italy); but until recently, in the small German states, gambling houses in the form of roulettes and other nativity scenes were not only tolerated, but also encouraged by governments, since they paid significant taxes to the poor treasuries. With the rise of Prussia and the unification of Germany, a prominent reform of the police was given in this area - gambling houses in the German lands disappeared. Until the law of July 1, 1868 on the closure of gambling houses and the subsequent unification of the German Empire under general law, Germany was notorious for its gambling houses in Baden-Baden, Bad Doberan, Bad Ems, Wiesbaden, Hamburg, etc.

Gambling from antiquity, as can be judged on the basis of sources, was practiced only in the form of betting and throwing dice. With the invention of the art of engraving on wood and copper around 1423, cards began to be made by artists in Spain and Germany, which initially served for fortune-telling, and then became an instrument of games based on fortune-telling, that is, gambling. Initially, the card game, which was a specialty of the dark elements, served as a skillful form of deception, and already in 1494 a treatise was published "Liber vagatorum", exposing the deceitful tricks of card cheats. The game was played in dens, pubs, and in 1541 in England the first law on the persecution of the owners of gambling dens was issued. Until now, under English common law, the owners of gambling houses are prosecuted as the organizers of "commonly harmful deeds (eng. common nuisance), creating a temptation to idleness and gathering together a significant number of dissolute people.

But, gradually, gambling is spreading both at the court and among the nobility. The heyday of these games is the time of Louis XIII and XIV in France, and simultaneously with these games, cheating is also spreading, in which the most noble persons of high society have repeatedly been convicted. The fashion for gambling from the court of Louis passes to other courts of Europe (to this day, most gambling games retain their French names), and gambling becomes a favorite pastime of the nobility. The bourgeoisie of the end of the 18th century, strengthening its influence in society, also hurried to adopt the "noble fashion", but the spread of gambling among the bourgeoisie takes on noticeable dimensions only from 30-40 years. XIX century (in Germany and Russia even later). The leveling of various classes in the game of chance occurred only with the construction of large gambling houses, the doors of which were open to everyone. Prior to that, gambling was considered reprehensible only if it was played outside its class circle.

The gambling "clubs" that arose in Russia since the 19th century had a sharp class character ("English" - for the nobility, "Merchant", "Kazchichiy", etc.).

Addiction

The habit of gambling can form a psychological addiction in a person - gambling addiction. This addiction can represent both a social and a medical problem for society. One of the risk factors are personality traits: emotional instability, reduced self-control.

Dependent behavior is accompanied by depressive disorders. Researchers note signs of altered consciousness, in particular, preoccupation with the game, concentration of attention on the game with simultaneous detachment from the surrounding reality.

During a survey in Moscow of 96 people who applied for help in connection with a pathological dependence on playing slot machines, suicidal thoughts were detected in 15 cases, and asthenic disorders in 36 cases.

Attitude towards gambling

The fight against side effects associated with excessive gambling has long been one of the tasks of administrative and criminal policy in almost all countries of the world. Socially harmful aspects are reduced to the development in the population of the pursuit of easy unearned income, sometimes promising quick enrichment, but often leading to dependence and impoverishment; to the temptation to take risks at someone else's expense, as a result of which the amount of waste and appropriation increases; to the development of gambling deceptions, an increase in the number of people living at the expense of others.

In Russia

In Russia, many games of chance have long been known, of which the game of cards and grain was pursued by both the clergy and the government, which instructed the governors to monitor this. From the voivodship orders of the 17th century, it can be seen that those who played cards and grain were punished with a whip, and the cards themselves and grain were ordered to be taken away and burned.

Especially at the beginning of the reign of Emperor Alexander I, the government energetically pursued gambling. By decrees, the St. Petersburg military governor-general of 1801 and Moscow, 1806, were ordered to have unremitting supervision so that there would be no gambling, refer the guilty to court and report their names to the emperor himself (No. 19938, 22107). The provisions carried out under Emperor Alexander I and the decrees from Catherine's "Charter of Deanery" were transferred almost unchanged to the "Charter on the Prevention and Suppression of Crimes" (Articles 444-449, vol. XIV), which existed in the Russian Empire until 1917. The law distinguished between commercial games, permitted from gambling, prohibited. Monitoring that such gambling is not conducted anywhere, as well as the duty to find gambling houses and initiate legal prosecution of their founders and participants, is entrusted to the executive police. Prescribing to the police what they should discover during the investigation (the type and instrument of the game, time, place of it, participants, the purpose of the game and the circumstances explaining what intention they played), the law instructed the police to act with caution so as not to cause unnecessary slander, insults and in Moscow sweepstakes were banned in 1889 by order of the Moscow governor-general.

In Soviet law, in the period preceding the New Economic Policy, all kinds of gambling were severely prosecuted as a form of speculative enrichment. November 24, 1917 issued a decree of the Petrograd Military Revolutionary Committee on the closure of all gambling clubs and brothels. However, the Bolsheviks did not wage a serious fight against the gambling business, and it continued to exist in an illegal position. The Council of Commissars of the Petrograd Labor Commune in the spring of 1918 considered and rejected the proposal of M. I. Kalinin on the legalization and taxation (10-30% of income) of gambling establishments in Petrograd.

In 1988, about 200 slot machines were allowed to be installed in Intourist hotels for the entertainment of foreigners. In the spring of 1989, the first casino opened in Tallinn, and in August a casino appeared in the Savoy Hotel in Moscow.

Since 1990, with the collapse of the USSR, casinos and slot machine halls began to appear in Russia with virtually no restrictions. Since July 1, 2009, gambling has been officially banned in Russia, except for four "gambling zones" located far from the country's largest cities. Nevertheless, some gambling establishments continue to operate illegally under the guise of "electronic lotteries", Internet cafes and computer clubs.

According to the current legislation of the Russian Federation, gambling is “a risk-based winning agreement concluded by two or more participants in such an agreement between themselves or with the organizer of the gambling according to the rules established by the organizer of the gambling”.

In accordance with the legislation of the Russian Federation, the activities of gambling establishments (casinos) are subject to licensing. There is a general rule that requires that the chance of winning in slot machines is fair (i.e., winning is statistically random) in order to prevent the manufacturer from making large profits from slot machines with an artificially low probability of winning.

Since insurance obligations have much in common with a bet, from the point of view of the law, the insurance company carries out an agreement in which either party has a percentage of the outcome of the insured event outside certain financial terms. For example, home fire insurance is an insurance contract because each party has an independent interest in the safety of the home.

The laws of some countries do not recognize a bet as a full contract and consider any consequences of material loss as a debt of honor that has no legal force. Therefore, criminal organizations often take on the obligation to repay large debts, sometimes using forceful methods.

Economy

Play areas

In classical literature

Several works of Russian classics were devoted to gambling and their influence on the fate of a person who was carried away by them. Alexander Sergeevich Pushkin is tied to gambling in the plot of his story The Queen of Spades. The comedy play by Nikolai Vasilievich Gogol "Gamblers" raises the image of scammers. Also, the theme of gambling was used by Mikhail Yuryevich Lermontov in Masquerade, Shtoss and Tambov Treasurer as a plot twist. Fyodor Mikhailovich Dostoevsky dedicated the novel The Gambler to a gambler, which tells about the spiritual blinding of a person whose meaning of life has become gambling. Osip Emilievich Mandelstam in the poem "Casino" figuratively describes his condition when he is surrounded by gambling machines. In the story "The Brilliant Player" Alexander Stepanovich Green introduces the idea of ​​win-win cards into the plot, which kills the idea of ​​the game itself; in the story "The System" by Alexander Ivanovich Kuprin, the story is about an invincible player from Monte Carlo, who, because of his abilities, was denied access to their establishments by casino owners.

see also

Notes

1. P. I. Lyublinsky"Gambling" // Great Soviet Encyclopedia, 1st edition, - M .: Soviet Encyclopedia, 1926, Vol. 1, S. 635-638
2. // Encyclopedic Dictionary of Brockhaus and Efron: In 86 volumes (82 volumes and 4 additional). - St. Petersburg. , 1890-1907.
3. Malygin V. L., Khvostikov G. S., Malygin Ya. V. Features of the characterological properties of pathological gamblers and psychopathological phenomena accompanying gambling // Applied Information Aspects of Medicine. - Voronezh State Medical Academy. N. N. Burdenko, 2007. - V. 10. - S. 135-141. - ISSN 2070-9277.

The Final Revelation of the Almighty says:

They ask you about wine and gambling. Say: "There is great sin in them, but there is also benefit for people, although there is more sin in them than good" (2:219)

When considering the problem of gambling from the point of view of Islam, the question arises which of them are considered gambling and which are not.

The main criterion for determining gambling, according to some theologians, is the possibility of a random win or, conversely, a loss. For example, in games where the winner is determined depending on which card hits the player or what number will fall out when throwing dice, and so on. In addition, such games cause a kind of psychological addiction in people, called excitement. If money is put on the line, then the person who is in the red seeks to win back everything that he had, and therefore continues the game. The one who is in the black, on the contrary, expects to earn even more and supports the desire of his opponent, which ultimately in most cases leads to the fact that one person loses all his savings.

The sinfulness of gambling is precisely due, first of all, to the fact that the money won by one of the players was earned by him in an unlawful way, which means that for every ruble that a person earned in this way, he will answer on Judgment Day. As for those who lose their earnings, this is regarded as an inexpedient expenditure of funds, also called israf (squandering), since the Almighty gave him this money so that he would feed himself and his family, put on shoes and clothes, help those in need, and not just "lost" in gambling.

In addition, the very process of such games is nothing more than an empty pastime, because this activity does not bring any benefit to a person. In addition, often, in gambling, many are guided by the principle “the end justifies the means” and resort to bluffing, cheating, card substitution, etc., which are also sinful, since a person thereby deceives his opponents. Also, do not forget that gambling is often between people, since a draw is impossible here, and as a result, one remains in a winning position, and the other - with nothing. The losing side, for obvious reasons, begins to harbor anger at its opponents, which, in turn, is fraught with negative consequences in the relationship.

Consider some types of games popular in society and the attitude towards them in Islam.

1. Backgammon

One of the popular games during the time of the Messenger of Allah Almighty (pbuh) was backgammon, which he banned: “The hand of a person playing backgammon is like a hand defiled by pork” (Muslim, Ibn Maja).

Based on this hadeeth, some scholars forbade playing backgammon completely, regardless of whether for money or for interest. Other theologians, however, expressed the opinion that this hadith prohibits only gambling in backgammon, that is, for money, and playing it for fun is permissible.

2. Cards

Cards are among the popular games in the world. Today there are many types of such games. It is believed that if people play cards for money, then such a game is forbidden, and if not, then it is permissible.

3. Chess

This occupation causes a lot of controversy among Muslim scholars to this day. It is known that people, as a rule, do not play chess for money and do not fall into psychological dependence on them, which means that it is difficult to unequivocally call this game of chance. And among Muslim theologians there were three opinions. Some scholars, for example, the Hanbalis, consider chess a game of chance, and therefore forbidden. Others classify them as mubah, that is, this game does not bring any harm and benefit. Still others believe that chess is a condemned action (makruh).

4. Lotteries

Another gambling game that has become widespread is the lottery. A large number of people take part in it and the one who has the winning ticket wins. There is a sign of an accidental win, the monetary nature of the game, as well as a high probability that the player will fall into psychological dependence. Therefore, the lottery is unequivocally classified by Islamic theologians as gambling, that is, it is forbidden.

5. Sports betting

A variety of lotteries are sports bets, when people try to guess the results of certain sports competitions and if they succeed, they get a win that depends on the amount and odds of the bet. This activity is also haram, as it undoubtedly bears all the signs of gambling.

6. Roulette

Roulette is also a gambling game, in which the one who guesses the right number wins. Of course, such a game is also forbidden from the Islamic point of view.

7. Slot machines

Slot machines are also historically popular around the world, many of which, due to the ban in certain countries and regions, also migrated to the Internet. All of them, of course, are related to gambling, which means they are prohibited for Muslims.

Thus, when believers intend to enter into any game, they, first of all, need to beware of falling into serious sin. In addition, you should remember about other rules when starting to play a game, for example, a computer game:

- Do not spend too much time playing games, as this leads to an empty pastime called time, which is also undesirable. Sitting up for a long time at games, a person begins to devote less time to his family, relatives and friends.

- Games should not interfere with the religious practice of the believer: a person should always remember his duties to the Almighty, in connection with which no occupation should become a barrier to complying with His instructions.

- Do not play games that are contrary to the values ​​of Islam and capable of leading a person to commit a sin, for example, strip cards.

- Follow the rules of the game: if a person nevertheless decides to play something (in no case for money), then he should follow all the rules of this game and not deceive his opponents with all sorts of tricks.

Some games are called gambling. Such games, although they involve two or more players, ultimately come down to the confrontation of players with random events.

The term "gambling" is of French origin, meaning "game of chance" in literal translation. In pre-revolutionary Russia, a modified form of the phrase “gamble” (from the French jeu de hasard) was more often used.

The main interest of gambling lies in their outcome. The process of the game and the skill of the players here go by the wayside (in ordinary games, the opposite is true).

As a rule, winning in a game of chance is associated with the payment of material rewards. It is this circumstance that attracts the attention of players to them.

Gambling can be games using playing cards (poker, baccarat and others), dice, slot machines, their electronic emulators and other devices.

Theoretical Foundations of Gambling

The outcome - loss or victory - in gambling is entirely subject to the laws of random variables.

The analysis of these results at "long" distances allows us to derive patterns that allow the organizers of gambling to always remain "in the black".

Photo 1. Many people associate gambling with playing cards

At the same time, as such, there is no deceit on their part.

It’s just that some events (combinations of cards or dice, hitting a ball in a particular cell, a combination of symbols in slot machines, and so on) occur more often than others, and the approximate frequency of such events can be calculated mathematically.

Photo 3. Gambling can be a serious problem for a person suffering from addiction to them

Such people are called gamers, and the dependence itself gambling addiction(or - gambling addiction).

People who are psychologically addicted to gambling experience the following symptoms:

• reduced self-control
• emotional instability,
• over-indulgence in the game
• complete indifference to others
• depressive state.

Particularly severe forms of gambling addiction can lead to trips to settle scores with, affect the physical condition of the human, leading to asthenia and neurasthenia.

Attitude towards gambling

The legislation of most countries provides for measures aimed at curbing the spread of gambling, establishing various forms of control and types for this area, up to criminal.

As a general rule, minors are prohibited from participating in such games.

Photo 4. In most states, only persons who have reached the age of majority are allowed to gamble

Criminological studies reveal a clear relationship between the widespread use of gambling in the economy and the growing number of crimes in the economic sphere (tax evasion, legalization of criminal proceeds, maintenance of brothels, theft by embezzlement or appropriation, and others).

At the same time, the courts of a number of countries make very controversial decisions regarding the status of gambling, elevating some of them to the category of sports.

An example is the decision of the Federal Court of New York regarding poker, in which, according to the court, chance plays a secondary role, and the outcome of the game depends more on the skill of the players.

In January 2017, the London Court of Appeal denied the parties concerned the recognition of bridge as a sport.

Previously, the International Olympic Committee (IOC) attempted to include sports bridge as an independent sport in the program of individual world-class competitions held under the auspices of the IOC (Beijing, 2008).