Lottery restrictions. Who in Russia has the right to organize a lottery? What are the dangers of an illegal organization? Legislative framework of the Russian Federation Legal regulation of sports lotteries

On July 1, 2014, non-state lotteries ceased to exist on the territory of the Russian Federation. The amendment to the law guarantees all citizens of the country timely paid winnings and protection from scammers. In a drawing organized by the state, there are always winners. The state replenishes the country's budget, participants' money goes to social projects, and the winners receive prizes. Let's take a closer look at what Law No. 138 regulates and what changes it was subject to in the latest edition.

On November 11, 2003, Federal Law No. 138 “On Lotteries” came into force. The bill was adopted by the State Duma on October 17, 2003, and approval by the Federal Council occurred on the 29th of the same month and year. The law regulates lottery activities, establishes the procedure and requirements for its implementation, and also defines the basis for state regulation in this area.

The law consists of 27 articles, of which 6, 7, 9, 14-16, 22, 25-26 lost their legal force after the publication of previous editions:

Art. 1- scope of regulation of this law;
Art. 2— terminology;
Art. 3- types of lotteries;
Art. 4— goals and methods of coordinating relations in this area;
Art. 5— a unified register of lottery terminals;
Art. 6.1— restrictions on the implementation of drawings;
Art. 8 - conditions carrying out;
Art. 10— integral lottery standards;
Art. eleven— events financed from money received from lotteries;
Art. 12— requirements for paper and electronic lottery tickets, for providing information about the event;
Art. 12.1— given requirements for equipment or terminals used in lottery activities;
Art. 12.2— requirements for places of sale of tickets and installation of terminals;
Art. 13— procedure for organizing and implementing the draw;
Art. 13.1— requirements to which the lottery operator must comply;
Art. 17— prize fund;
Art. 18— requirements for the drawing;
Art. 19— requirements for a non-draw lottery;
Art. 20— protection of the rights of participants;
Art. 21— federal state supervision of the implementation of prize draws;
Art. 23— audit supervision of the operator;
Art. 24— punishment for violating the current law;
Art. 24.1— competition for the right to sign an agreement for the implementation of the lottery;
Art. 24.2- commission at the competition;
Art. 24.3— participants in placing an order;
Art. 24.4— requirements for the above participants;
Art. 24.5— the circumstances under which participation in the competition is allowed;
Art. 24.6— notification of the event;
Art. 24.7— information contained in the documentation for the competition;
Art. 24.8— in what order the package of documents is provided;
Art. 24.9— explanation of the provisions of the documentation and their changes;
Art. 24.10— procedure for submitting an application for participation in the competition;
Art. 24.11, 24.12— consideration of applications in envelopes and in electronic form;
Art. 24.13— evaluation and comparison of applications;
Art. 24.14— signing an agreement based on the results of the competition;
Art. 24.15— increasing the duration of the contract, changing it and canceling it;
Art. 24.16— reasons for declaring the competition invalid;
Art. 24.17— the result of the competition being declared invalid;
Art. 27— the procedure for the entry into force of the current law.

The latest revision dates back to March 28, 2017. The edition came into force on April 1 of the same year.

Download the text of the Federal Law

The current content of the law will be interesting to read for persons wishing to participate in sweepstakes, operators who conduct them, etc. You can download the text of the Federal Law “On Lotteries” in the latest edition with all amendments and additions at.

The procedure for conducting lotteries is regulated by law by order of the President and the Government, which allows the Ministry of Finance to carry out their implementation. After the state acquired a monopoly right to conduct it, there were fewer frauds with winnings.

Changes to Federal Law 138 “On Lotteries”

The edition, published on March 28, 2017, came into force on April 1 of the same year. Adjustments have been made to article 11 current law. The article tells what the money collected from lotteries is used for. Part 1 states that funds collected through the lottery go to significant objects and events of social life, as well as the formation and development of physical culture, sports, elite sports and the preparation of a sports reserve.

By law, the lottery operator must provide quarterly financing in the following amount - 10% of the difference between the money received by the operator for the reporting quarter and the amount of winnings given away for the same period.

Lottery is an entertaining game in which a one-sided contract is concluded. One of the parties (the operator) draws money or other property, which acts as winnings. The contract is concluded voluntarily and is formalized by handing over a lottery ticket. The lottery combination must be present on the lottery ticket. It is applied during the production of such a document. The organization and conduct of the lottery is regulated by Federal Law No. 138 “On Lotteries”.

Description of 138 Federal Law

Federal Law No. 138 “On Lotteries” defines the legal basis for state regulation. The procedure and type of organization is also controlled by Federal Law. In case of violation of the law, administrative or criminal liability may be imposed on certain persons. The federal law was adopted by the State Duma on October 17, 2003, and approved by the Federation Council on December 29, 2003.

Summary of the Federal Law:

Description of the subject of legislation regulation;
Descriptions of the main terms used in Federal Law 138;
Description of the conditions of the lottery and restrictions on its implementation;
Description of the types of deductions from the drawing to the state;
Formation of the prize fund;
Conditions for holding such an event and ensuring the security of the rights of lottery participants;
Information about the competition;
Conclusion of a contract after the results of the competition.

Last changes

The latest changes to the Federal Law were made on November 27, 2017. They relate to Article 20 of Part 6. Part 6 has been supplemented.

The winner receives a sum of money as a prize fund or other property. The payment is made by the operator of this event or another participant who is authorized to conduct such a thing. In order for another participant to give out the winnings, you will need to provide the relevant documents.

Below are the main articles of the Federal Law:

Article 3 describes the types of lottery. The types of such events on the territory of the Russian Federation are determined by the method of holding and the territory of holding.

Based on this criterion, how the lottery is conducted can be divided into:

circulation;
Uncirculated.

Draw lottery- a game of chance in which a prize is drawn between participants at the same time. In this type, it is prohibited to use more than one lottery equipment, which will also contain tickets.

Under non-draw lottery refers to a game in which data on the possibility of winning has already been entered at the stage of production of such tickets. A participant who has purchased a lottery ticket of this type has the right to erase hidden inscriptions and verify the presence of a winning or its absence.

Also, the types of draws are divided depending on the location. It can be territorial or international. Territorial (all-Russian) is carried out on the territory of the Russian Federation, and international - on the territories of several states, the list of which also includes the Russian Federation on the basis of international documents.

Article 6.1

Article 6.1 describes the prohibitions that may be identified when organizing the game. It is prohibited to hold lotteries during election campaigns. That is, the winnings cannot depend on the results of the vote or other elections related directly to the referendum. It is also prohibited to organize gambling games that are hidden under the lottery. Gaming equipment, including slot machines, is prohibited.

Article 10 describes lottery regulations.

The standards include:

Prize fund size;
The number of deductions provided for by the requirements of the event;
A list of the obligations of the operator, who must release the received prize fund depending on the terms of the contract;
The period of validity of the irrevocable bank guarantee, which is provided for in paragraph 3 of this article.

Article 13 describes the procedure for organizing and holding the event.

To begin, the organizers must obtain permission from the Government of the Russian Federation.

This is the federal executive body that implements state policy. The executive power is determined by the Government of the Russian Federation. The lottery period can be up to 15 years. It is possible to extend this period if the organizer so wishes.

The federal body determines which executive body the lottery belongs to. He is authorized by the Government of the Russian Federation to organize a draw, as stated in an open competition.

Article 17 describes the lottery prize fund. The prize fund of the drawing is formed on the basis of the proceeds from its holding. The prize fund is required solely for the purpose of transferring the winnings to the participants who have won. The operator is prohibited from using the winnings for his own purposes. Prize money can only be paid out, awarded or transferred.

It should be noted that in a draw lottery the prize fund is formed before the draw takes place.

Download the current version of the law on lotteries

Federal Law No. 138 is designed to regulate the relations that arise between lottery participants and the operator. Based on this Federal Law, you can challenge any mistakes made by the operator or organizers. To familiarize yourself with the changes and additions to the Federal Law “On Lotteries,” you should download it from.

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As a rule, every person has taken part in a lottery at least once in their life. The possibility of winning, especially with a large prize fund, always attracts the attention of a large number of people. And, of course, big money attracts various kinds of scammers. Therefore, legislative regulation of the organization of lotteries is quite relevant.

In Russia, such a legislative act is the Federal Law of November 11, 2003 No. 138-FZ “On Lotteries”.

The organizer of the lottery by virtue of clause 6 of Art. 2 of Law No. 138-FZ is a federal executive body authorized by the Government of the Russian Federation in the prescribed manner to conduct a lottery. Moreover, all lotteries in the Russian Federation can be held only by decision of the Government of the Russian Federation.

According to the concept that is enshrined in this law, a lottery is a game that is held in accordance with an agreement, and in which one party (the lottery operator) draws the lottery prize fund, and the second party (the lottery participant) receives the right to win if it is recognized winning in accordance with the conditions of the lottery. The agreement between the lottery operator and the lottery participant is concluded on a voluntary basis and is formalized by issuing a lottery ticket, lottery receipt or electronic lottery ticket.

The lottery operator can only be a Russian legal entity that has entered into a contract with the lottery organizer to conduct the lottery. The lottery operator is determined based on the results of an open competition.

The legislator has established restrictions for lottery operators. Thus, a lottery operator cannot be a legal entity whose manager, members of the collegial executive body or chief accountant are persons with convictions for crimes in the economic sphere.

The lottery operator also cannot be a legal entity, director, founders, whose participants could influence the holding of the lottery, during which the obligations were not fulfilled or were fulfilled in violation of the transfer of target deductions and other payments provided for in the contract.

Federal state supervision of lotteries is carried out by the Federal Tax Service. Violation of the rules for organizing and conducting a lottery is subject to administrative liability.

In accordance with Part 1 of Article 14.27 of the Code of Administrative Offenses of the Russian Federation, holding a lottery without a decision of the Government of the Russian Federation on its holding, or without concluding a contract with the lottery organizer for holding the lottery, or after the expiration of the established period for holding the lottery, or distribution (sale, issuance) of lottery tickets, lottery receipts or electronic lottery tickets or acceptance of lottery bets among lottery participants without concluding an agreement in accordance with the legislation on lotteries shall entail the imposition of an administrative fine on citizens in the amount of three thousand to four thousand rubles with confiscation of the instruments of committing an administrative offense, including lottery equipment, lottery terminals; for officials - from fifteen thousand to twenty thousand rubles with confiscation of instruments for committing an administrative offense, including lottery equipment, lottery terminals; for legal entities - from two hundred and fifty thousand to three hundred and fifty thousand rubles with confiscation of instruments for committing an administrative offense, including lottery equipment, lottery terminals.

Article 1

Introduce into the Federal Law of November 11, 2003 N 138-FZ “On Lotteries” (Collection of Legislation of the Russian Federation, 2003, N 46, Art. 4434; 2005, N 30, Art. 3104; 2006, N 6, Art. 636; 2008, N 30, article 3616; 2010, N 27, article 3414; N 31, article 4183; 2011, N 27, article 3880; N 30, article 4590; 2013, N 19, article 2326; N 52, Art. 6981; 2017, N 14, Art. 2003) the following changes:

1) add Article 6 2 with the following content:

"Article 6 2. Restriction of transfers and acceptance of payments in favor of Russian legal entities, individual entrepreneurs, as well as foreign citizens and stateless persons engaged in business activities, foreign legal entities, foreign organizations that are not legal entities under foreign law, in respect of which there is information about their activities related to organizing and conducting lotteries in violation of the legislation of the Russian Federation

1. A credit organization servicing the payer is obliged to refuse to carry out a transaction for the transfer of funds, including electronic funds, a transaction for the cross-border transfer of funds on behalf of an individual in favor of Russian legal entities, individual entrepreneurs, as well as foreign citizens and persons stateless persons carrying out entrepreneurial activities, foreign legal entities, foreign organizations that are not legal entities under foreign law (hereinafter referred to as foreign persons), information about which is included in the list of Russian legal entities, individual entrepreneurs, foreign persons (hereinafter referred to as the list of persons), in respect of which there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation.

In case of cross-border transfer of funds using a payment card, the provisions of Part 2 of this article apply.

The payment agent does not have the right to accept payments from individuals in favor of Russian legal entities, individual entrepreneurs, or foreign persons if information about them is included in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation.

2. A credit organization issuing a payment card is obliged to refuse a client - an individual to carry out a transaction for cross-border transfer of funds using a payment card in favor of a recipient of funds located outside the territory of the Russian Federation, if they have at their disposal (message) assigned within the framework of the payment card system, foreign payment system code or other transaction identifier indicating that the recipient of the transferred funds is engaged in organizing and conducting lotteries, or if the available information about the recipient of the funds allows the credit institution to determine that information about him is included in the list of persons, in respect of which there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation.

3. The procedure for maintaining the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation, and the list of lottery operators and distributors carrying out activities in conducting lotteries in accordance with this Federal Law, is established by the Government of the Russian Federation .

The composition of information included in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation, and the procedure for bringing it to the attention of credit institutions are established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation. The procedure for bringing such information to the attention of payment agents is established by the Government of the Russian Federation.

In this case, information about persons included in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation is subject to posting on the Internet information and telecommunications network on the official website of the federal body authorized by the Government of the Russian Federation executive power exercising federal state supervision over the conduct of lotteries, and publication in official periodicals determined by the Government of the Russian Federation. Credit organizations and payment agents are considered notified of the inclusion of a person in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation, after five working days from the moment the information included in the specified list is communicated to them in in the manner established in accordance with paragraph two of this part.

4. The basis for including a Russian legal entity, individual entrepreneur or foreign person in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation is a decision of the federal executive body authorized by the Government of the Russian Federation that carries out Federal state supervision of lotteries.

5. The federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, in the manner established by the Government of the Russian Federation, makes a reasoned decision to include a Russian legal entity, individual entrepreneur or foreign person in the list of persons in respect of whom information is available about their activities related to organizing and conducting lotteries in violation of the legislation of the Russian Federation, in relation to:

1) persons in whose favor, on behalf of individuals, transfers of funds, including electronic funds, cross-border transfers of funds are carried out (carried out or the possibility of implementation was provided) in order to pay for the participation of such individuals in lotteries using domain names and (or ) indexes of pages of sites on the Internet, network addresses included in accordance with Federal Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection" in the Unified Register of Domain Names, indexes of pages of websites on the Internet "Internet" and network addresses that allow you to identify sites on the Internet containing information the distribution of which is prohibited in the Russian Federation. A decision on the specified basis is made no later than five working days from the date of receipt by the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, information about the person (persons) in whose favor the specified transfers are made (were made or the possibility of making was ensured). funds, including electronic funds, cross-border money transfers;

2) persons in respect of whom the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, has received information about the implementation of activities by them in organizing and conducting lotteries without a decision of the Government of the Russian Federation on their conduct and on implementation in their favor according to instructions from individuals for transfers of funds, including electronic funds, cross-border transfers of funds and (or) acceptance of payments from individuals in order to pay for the participation of such individuals in lotteries. A decision on this basis is made no later than five working days from the date of receipt of such information by the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries.

6. The federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, informs the person included in the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation, about the decision made within five working days from the date of its acceptance if there is information about the location of the specified person, his postal address or email address.

The decision of the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, can be appealed in court.

7. A person included in the list of persons in respect of whom there is information about their activities related to the organization and conduct of lotteries in violation of the legislation of the Russian Federation, has the right to send to the federal executive body authorized by the Government of the Russian Federation, which carries out federal state supervision over the conduct of lotteries, in a written reasoned statement to exclude him from the specified list, including in connection with his termination of activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation.

The form and procedure for sending such an application are established by the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries.

8. The federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, within ten working days from the day following the day of receipt of the application specified in part 7 of this article, considers it and makes one of the following reasoned decisions:

1) on the exclusion of a person from the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation;

9. If it is necessary to send a request to other government bodies in order to confirm the presence or absence of grounds for excluding a person from the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation, the deadline for making a decision by the authorized Government of the Russian Federation by the federal executive body exercising federal state supervision over the conduct of lotteries may be extended, but not more than twenty working days.

The federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, informs the applicant about the decision made within five working days from the date of its adoption.

The decision of the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, can be appealed by the applicant in court.

10. The basis for excluding a Russian legal entity, individual entrepreneur or foreign person from the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation is:

1) the decision of the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, to exclude a Russian legal entity, individual entrepreneur or foreign person from the list of persons in respect of whom there is information about their activities in organizing and conducting lotteries with violation of the legislation of the Russian Federation, adopted based on the results of consideration of a reasoned application sent in accordance with Part 7 of this article;

2) a court decision that has entered into legal force to cancel the decision of the federal executive body authorized by the Government of the Russian Federation, exercising federal state supervision over the conduct of lotteries, to include a Russian legal entity, individual entrepreneur or foreign person in the list of persons in respect of whom there is information about the implementation of their activities in organizing and conducting lotteries in violation of the legislation of the Russian Federation.";

2) Part 6 of Article 20 shall be supplemented with the following paragraph:

"Winnings are paid by the lottery operator or distributor to the lottery participant upon presentation by the lottery participant of a document proving his identity, or the use of another method of identification of the lottery participant, provided for by the Federal Law of August 7, 2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime." by, and financing of terrorism" and ensuring the establishment of the age of such a lottery participant."

Article 2

Amend Federal Law No. 244-FZ of December 29, 2006 “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation” (Collected Legislation of the Russian Federation, 2007, No. 1, Art. 7; 2009, N 30, article 3737; 2010, N 17, article 1987; 2011, N 24, article 3358; N 30, article 4590; N 48, article 6728; 2012, N 43, article 5781; 2013, N 30, Art. 4031; 2014, N 30, Art. 4223, 4279; 2017, N 14, Art. 2003) the following changes:

1) in article 4:

a) paragraph 9, after the words “location of the processing center of the bookmaker’s office or betting shop”, add the words “or the processing center of interactive bets of the bookmaker’s office or betting shop”;

b) paragraph 25 should be stated as follows:

"25) processing center of a bookmaker's office - a part of a gambling establishment in which the organizer of gambling records and processes bets accepted from participants in this type of gambling, records the results of gambling, calculates the amounts of winnings to be paid, provides information on accepted bets and calculated winnings at the bookmaker's betting points;";

c) add paragraph 25 1 with the following content:

"25 1) processing center for interactive bets of a bookmaker's office - a part of a gambling establishment in which the organizer of gambling records and processes bets accepted from participants in this type of gambling, makes bets with participants in this type of gambling when accepting interactive bets and records and processing of accepted interactive bets based on information received from the bookmaker's interactive bet transfer center, records the results of gambling, calculates the amounts of winnings to be paid, provides information on accepted bets, interactive bets and calculated winnings to the bookmaker's bet acceptance points and to center for accounting for transfers of interactive bets from bookmakers;";

d) paragraph 26 should be stated as follows:

"26) betting processing center - a part of a gambling establishment in which the gambling organizer records and processes bets accepted from participants in this type of gambling, records the results of gambling, calculates the amounts of winnings to be paid, provides information on accepted bets and calculated winnings at betting points;";

e) add paragraph 26 1 with the following content:

"26 1) processing center for interactive totalizator bets - a part of a gambling establishment in which the gambling organizer records and processes bets accepted from participants in this type of gambling, organizes betting between participants in this type of gambling when accepting interactive bets and carries out accounting and processing accepted interactive bets based on information received from the accounting center for transfers of interactive betting bets, records the results of gambling, calculates the amounts of winnings to be paid, provides information on accepted bets, interactive bets and calculated winnings to the betting points of the totalizator and to the accounting center transfers of interactive betting bets;";

f) paragraph 27 should be supplemented with the words “or the processing center for interactive bets of the bookmaker’s office”;

g) clause 28 should be supplemented with the words “or the processing center of interactive betting betting”;

2) add Article 5 1 with the following content:

"Article 5 1. Restriction of transfers and acceptance of payments in favor of Russian legal entities, individual entrepreneurs, as well as foreign citizens and stateless persons engaged in business activities, foreign legal entities, foreign organizations that are not legal entities under foreign law, in respect of which there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation

1. A credit organization servicing the payer is obliged to refuse to carry out a transaction for the transfer of funds, including electronic funds, a transaction for the cross-border transfer of funds on behalf of an individual in favor of Russian legal entities, individual entrepreneurs, as well as foreign citizens and persons stateless persons carrying out entrepreneurial activities, foreign legal entities, foreign organizations that are not legal entities under foreign law (hereinafter referred to as foreign persons), information about which is included in the list of Russian legal entities, individual entrepreneurs, foreign persons (hereinafter referred to as the list of persons), in respect of which there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation. In case of cross-border transfer of funds using a payment card, the provisions of Part 3 of this article apply.

2. The payment agent does not have the right to accept payments from individuals in favor of Russian legal entities, individual entrepreneurs, foreign persons if information about them is included in the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the law Russian Federation.

3. A credit organization issuing a payment card is obliged to refuse a client - an individual to carry out a transaction for cross-border transfer of funds using a payment card in favor of a recipient of funds located outside the territory of the Russian Federation, if they have at their disposal (message) assigned within the framework of the payment card system, foreign payment system code or other transaction identifier indicating that the recipient of the transferred funds is engaged in organizing and conducting gambling, or if the available information about the recipient of the funds allows the credit institution to determine that information about him is included in the list of persons , in relation to which there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation.

4. The procedure for maintaining a list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation, and the list of gambling organizers who have permission to carry out activities in organizing and conducting gambling in the gambling zone or a license for the implementation of activities related to the organization and conduct of gambling in bookmakers and betting shops, including those accepting interactive bets in accordance with this Federal Law, is established by the Government of the Russian Federation.

5. The composition of information included in the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation, and the procedure for bringing it to the attention of credit institutions are established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation . The procedure for bringing such information to the attention of payment agents is established by the Government of the Russian Federation. In this case, information about persons included in the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation is subject to posting on the Internet information and telecommunications network on the official website of the federal government authorized by the Government of the Russian Federation. executive body exercising state supervision in the field of organization and conduct of gambling, and publication in official periodicals determined by the Government of the Russian Federation.

6. Credit organizations and paying agents are considered to be notified of the inclusion of a person in the list of persons in respect of whom there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation, after five working days from the moment the inclusion in the specified list was communicated to them list of information in the manner established in accordance with Part 5 of this article.

7. The basis for including a Russian legal entity, individual entrepreneur or foreign person in the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation is a decision of the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling.

8. The federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, in the manner established by the Government of the Russian Federation, makes a reasoned decision to include a Russian legal entity, individual entrepreneur or foreign person in the list of persons in relation to which there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation, in relation to:

1) persons in whose favor, on behalf of individuals, transfers of funds, including electronic funds, cross-border transfers of funds in order to pay for the participation of such individuals in gambling using domain names and ( or) indexes of pages of sites on the Internet, network addresses included in accordance with Federal Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection" in the Unified Register of Domain Names, indexes of website pages in the Internet and network addresses that allow you to identify sites on the Internet containing information the distribution of which is prohibited in the Russian Federation. A decision on this basis is made no later than five working days from the date of receipt by the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, information about the person (persons) in whose favor the transactions are (were carried out or the possibility of implementation was ensured). ) specified money transfers, including electronic money, cross-border money transfers;

2) persons in respect of whom the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, has received information about their activities related to the organization and conduct of gambling without obtaining permission to carry out organization activities in accordance with the established procedure and the conduct of gambling in a gambling zone or a license to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes and on the implementation in their favor, on behalf of individuals, of transfers of funds, including electronic funds, cross-border transfers of funds and ( or) accepting payments from individuals to pay for the participation of such individuals in gambling. A decision on this basis is made no later than five working days from the date of receipt of such information by the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling.

9. The federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling, informs the person included in the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation , about the decision made within five working days from the date of its adoption, if there is information about the location of the specified person, his postal address or email address. The decision of the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling, can be appealed in court.

10. A person included in the list of persons in respect of whom there is information about their activities related to the organization and conduct of gambling in violation of the legislation of the Russian Federation, has the right to send to the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct gambling, in writing a reasoned statement about his exclusion from the specified list, including in connection with the termination of his activities in organizing and conducting gambling in violation of the legislation of the Russian Federation.

11. The form and procedure for sending the application specified in part 10 of this article are established by the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling.

12. The federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, within ten working days from the day following the day of receipt of the application specified in part 10 of this article, considers it and accepts one of the following motivated solutions:

1) on the exclusion of a person from the list of persons in respect of whom there is information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation;

2) refusal to satisfy the said application.

13. If it is necessary to send a request to other government bodies in order to confirm the presence or absence of grounds for excluding a person from the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation, the deadline for making a decision by the authorized person The Government of the Russian Federation, the federal executive body exercising state supervision in the field of organizing and conducting gambling, may extend it, but not more than twenty working days.

14. The federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, informs the applicant about the decision made within five working days from the date of its adoption. The decision of the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling, can be appealed by the applicant in court.

15. The basis for excluding a Russian legal entity, individual entrepreneur or foreign person from the list of persons in respect of whom there is information about their activities in organizing and conducting gambling in violation of the legislation of the Russian Federation is:

1) the decision of the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, to exclude a Russian legal entity, individual entrepreneur or foreign person from the list of persons in respect of whom there is information about their activities in organizing and conducting conduct of gambling in violation of the legislation of the Russian Federation, adopted in connection with the receipt by the organizer of gambling of a permit to carry out activities for the organization and conduct of gambling in the gambling zone or a license to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes, as well as adopted based on the results of consideration of a reasoned application sent in accordance with Part 10 of this article;

2) a court decision that has entered into legal force to cancel the decision of the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling, to include a Russian legal entity, individual entrepreneur or foreign person in the list of persons in respect of whom there are information about their activities related to organizing and conducting gambling in violation of the legislation of the Russian Federation.";

3) Part 14 1 of Article 6, after the words “in the processing centers of bookmakers”, add the words “or processing centers of interactive bets of bookmakers”; after the words “processing centers of sweepstakes”, add the words “or processing centers of interactive bets of sweepstakes”;

4) in paragraph 1 of part 1 of Article 6 1, the words “the amounts of which exceed the amount of income not subject to taxation in accordance with part two of the Tax Code of the Russian Federation” shall be deleted;

5) in part 8 of article 8, the words “the amounts of which exceed the amount of income not subject to taxation in accordance with part two of the Tax Code of the Russian Federation” shall be deleted;

6) Article 14 is supplemented with parts 8 and 9 as follows:

"8. The self-regulatory organization of organizers of gambling in bookmakers and the self-regulatory organization of organizers of gambling in betting shops shall notify the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling, about the conclusion or termination of an agreement with a credit organization on the implementation functions of a center for accounting for transfers of interactive bets from bookmakers or sweepstakes within five working days from the date of conclusion or termination of such an agreement.

9. The organizer of gambling in a bookmaker's office or totalizator notifies the federal executive body authorized by the Government of the Russian Federation, which exercises state supervision in the field of organization and conduct of gambling, as well as the self-regulatory organization of organizers of gambling in bookmaker's offices and (or) the self-regulatory organization of organizers of gambling in sweepstakes on the opening or closing of the corresponding bank accounts in the center for recording transfers of interactive bets of bookmakers or sweepstakes and the beginning or termination of accepting interactive bets within five working days from the date of completion of these actions.";

7) part 17 of article 14 1 shall be stated as follows:

"17. No later than within five working days from the date of receipt from the self-regulatory organization of gambling organizers of the relevant type of application specified in part 16 of this article, the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organization and conduct of gambling , decides to include in the Unified Register of domain names, indexes of pages of sites on the Internet and network addresses that allow identifying sites on the Internet containing information the distribution of which is prohibited in the Russian Federation, domain names, indexes of pages of sites on the Internet "Internet" and network addresses that allow identification of sites on the Internet containing information with signs of violation of the provisions of this Federal Law on the prohibition of activities related to the organization and conduct of gambling using information and telecommunication networks, including the Internet, or formalizes the refusal to make such a decision, indicating the reasons for the refusal, and sends a notice of the decision made or the refusal to make such a decision to the self-regulatory organization of gambling organizers of the relevant type within five working days.";

8) in article 15:

a) Part 3 2 should be stated as follows:

"3 2. The organizer of gambling in a bookmaker's office, using special equipment installed in the processing center of the bookmaker's office or the processing center of interactive bets of the bookmaker's office, is obliged to ensure accounting, processing of bets or bets and interactive bets, respectively, recording the results of gambling and calculating the amounts of winnings to be paid.";

b) part 3 6 should be stated as follows:

"3 6. The organizer of gambling in a totalizator, using special equipment installed in the processing center of the totalizator or the processing center of interactive bets of the totalizator, is obliged to ensure accounting, processing of bets or bets and interactive bets, respectively, recording the results of gambling and calculating the amounts of winnings to be paid ";

c) part 3 9 shall be supplemented with the words “or the processing center for interactive bets of the bookmaker’s office”;

d) part 3 10 shall be supplemented with the words “or the processing center of interactive totalizator bets”;

e) part 3 12 should be stated as follows:

"3 12. The processing center of the bookmaker's office and the processing center of the totalizator must contain technical means of communication intended for receiving information from the betting points of the bookmaker's office or the betting points of the totalizator about accepted bets, paid and unpaid winnings, transmitting information about calculated winnings, the development and outcome of the event on which the result of the bet depends, to the betting points of the bookmaker's office or the betting points of the totalizator.In the processing center of interactive bets of the bookmaker's office and the processing center of interactive bets of the totalizator, technical means of communication should be located, intended for exchange with the transfer accounting center interactive bets of a bookmaker's office or totalizator, information on accepted interactive bets, on the amounts of winnings to be paid calculated on them, on paid and unpaid winnings, and in the case of accepting bets, technical means of communication intended for receiving information from the betting points of the bookmaker's office or betting points totalizer about accepted bets, paid and unpaid winnings, transfer of information about calculated winnings, the development and outcome of the event on which the bet result depends, to the betting points of the bookmaker's office or the betting points of the totalizator.";

f) part 3 13 should be stated as follows:

"3 13. At the betting points of the bookmaker's office and the betting points of the totalizator, there must be located technical means of communication designed to receive information from the processing center of the bookmaker's office, the processing center of the totalizator or from the processing center of interactive bets of the bookmaker's office, the processing center of interactive bets of the totalizator about calculated winnings, about the development and outcome of the event on which the result of the bet depends, the transfer of information to the processing center of the bookmaker's office, the processing center of the totalizator or to the processing center of interactive bets of the bookmaker, the processing center of interactive bets of the totalizator about accepted bets, paid and unpaid winnings." .

Article 3

1. This Federal Law comes into force on January 1, 2018, with the exception of provisions for which this article establishes a different date for their entry into force.

2. Clause 1 of Article 1 and clauses 2, 6 and 7 of Article 2 of this Federal Law come into force one hundred and eighty days after the day of official publication of this Federal Law.

President of Russian Federation

On January 30, 2014, Federal Law No. 416-FZ of December 28, 2013 “On Amendments to the Federal Law “On Lotteries” and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 416) will come into force. This document radically changes the procedure for organizing and conducting lotteries in Russia. Only a federal executive body authorized by the Government of the Russian Federation can organize lotteries. Russian private companies are deprived of this right. The competition to determine the lottery operator will be held according to the rules established by Law No. 416.

1. In Russia, a ban will be introduced on all lotteries, except for state all-Russian and international ones

From July 1, 2014, it is prohibited to conduct any incentive lotteries - i.e. those in which no participation fee is paid and the prize fund is formed at the expense of the organizer, as well as non-state, regional state and municipal lotteries. Thus, exclusively all-Russian state and international lotteries will be preserved. In addition, from this date the payment of winnings due to lottery participants will stop. The wording of the law does not exclude a situation where a person who wins a lottery will not be able to receive his winnings. As of December 30, 2013 (since the publication of Law No. 416), the issuance of permits for holding lotteries ceased.

The rejection of incentive lotteries is associated with the desire of the legislator to eliminate the possibility of gambling under the guise of incentive lotteries. Today, this practice is widespread (see, for example, Resolutions of the Federal Antimonopoly Service of the West Siberian District dated November 26, 2010 in case No. A70-1491/2010, FAS Volga-Vyatka District dated October 2, 2009 in case No. A79-3288/2009, FAS Moscow District dated October 15, 2010 N KA-A40/11057-10 in case N A40-66987/10-17-381).

It is stipulated that when conducting draw lotteries, new technical devices will be used - lottery terminals. They are designed for accepting lottery bets (entering or selecting a lottery combination or lottery combinations) and issuing lottery receipts during draw lotteries. Note that in practice such devices have already been used (for example, in accordance with Order of the Ministry of Finance of Russia dated December 29, 2010 N 195n “On approval of the Conditions for holding 2 all-Russian state lotteries in real time and 10 non-draw all-Russian state lotteries in the usual mode in support of the organization and holding the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi").

It will be possible to conduct lotteries only in two ways: drawing and non-draw. The combined method is excluded, when lottery tickets simultaneously have a protective coating under which the possible winnings are hidden and a number that allows this ticket to participate in the lottery.

Only the Ministry of Sports of Russia and the Ministry of Finance of Russia can become organizers of lotteries based on a decision of the Government of the Russian Federation (Part 1 of Article 13 of the Law on Lotteries as amended by Law No. 416). They will hold an open competition to determine the lottery operator - the person who will conduct it and who will enter into contracts and interact with lottery participants. Corresponding amendments have also been made to Art. 1063 of the Civil Code of the Russian Federation.

The agreement between the lottery operator and its participant is formalized by issuing a lottery ticket, lottery receipt or electronic lottery ticket. This change is also made to Art. 1063 of the Civil Code of the Russian Federation. Previously, the conclusion of the said agreement could be confirmed by the issuance of any document, however, in judicial practice, the issuance of an electronic lottery ticket was not recognized as a proper execution of the agreement.

In accordance with the current version of the Law on Lotteries, competitions for all-Russian state lotteries must be held in accordance with the Law on Placement of Orders N 94-FZ. From January 1, 2014, it lost force due to the adoption of the Law on Public Procurement No. 44-FZ. Consequently, from January 1 to January 29, 2014, such competitions are held in accordance with the Law on Public Procurement N 44-FZ (for more information about it, see the Guide to the contract system in the field of public procurement). From January 30, 2014, competitions to determine lottery operators will be held in accordance with a special procedure provided for by Law N 416-FZ. Its content is more similar to the rules for conducting an open competition of the Law on Placement of Orders N 94-FZ.

Any Russian legal entity, regardless of its organizational and legal form, will still be able to submit an application to participate in the lottery competition. The lottery organizer may establish a requirement to deposit funds as security for an application for participation in the competition (no more than 5 percent of the initial (maximum) contract price). These conditions repeat the provisions contained in the Law on Placement of Orders N 94-FZ. According to the Law on Public Procurement No. 44-FZ, securing an application is mandatory (Part 1, Article 44). Also, as a general rule, this Law establishes not only the maximum amount of security for an application (5 percent of the initial (maximum) contract price), but also the minimum amount of security, which should be 0.5 percent of the initial (maximum) contract price (Part 14, Article 44 Law on public procurement N 44-FZ).

The register of unscrupulous suppliers, provided for by both the Law on Placement of Orders N 94-FZ and Law N 44-FZ, is not mentioned in the tender procedure contained in Law N 416-FZ. There is also no reference to it. However, it is established that those organizations that meet, in particular, the following requirements cannot participate in the competition:

The governing bodies include persons with criminal records for crimes in the economic sphere;

Managers, founders, participants could influence the holding of a lottery, during which they did not fulfill or were fulfilled in violation of the obligation to transfer targeted contributions and (or) other payments provided for in the contract concluded with the lottery organizer;

Previously, they avoided concluding contracts for holding lotteries;

Lottery contracts with these organizations were terminated by court decisions;

Significantly violated the terms of the contract, as a result of which the organizer unilaterally refused to fulfill the contract.

In addition to the listed requirements, a condition is established according to which the participant in placing an order must have exclusive rights to lottery programs (including under licensing agreements). Lottery programs are computer programs developed and used to collect data on distributed lottery tickets and accepted lottery bets, their accounting and registration or management of lottery equipment during the drawing of the prize fund of a lottery lottery.

A condition has been introduced on the mandatory submission of an agreement with the bank on the intention to provide an irrevocable bank guarantee. Such a bank must be included in the list (http://www.minfin.ru/ru/tax_relations/policy/bankwarranty/index.php?id4=19700) established by Art. 74.1 Tax Code of the Russian Federation. The previous version of the Law on Lotteries provided for a different condition - an addition to the competition procedure: the participant in placing an order had to indicate in the application for participation in the competition the amount of the bank guarantee provided by the operator of the All-Russian State Lottery.

A notice of a competition to determine a lottery operator is posted by the lottery organizer on its official website at least 30 days before the day of opening envelopes with applications or opening access to applications submitted in the form of electronic documents (hereinafter referred to as the procedure for opening (opening) applications). The organizer can refuse the competition no later than 15 days before the deadline for submitting applications for participation in the competition; the notice of the competition can be changed no later than five days before the start of this procedure. These conditions are identical to the conditions contained in Art. 21 of the Law on placing orders N 94-FZ. However, the current Law on Public Procurement No. 44-FZ stipulates (Article 49) that the notice is posted no less than 20 days before the day of opening (opening) applications and not on the website of the competition organizer, but in the unified information system. This Law also provides for a shorter period for refusing to hold a tender: after the notice of an open tender is posted in the unified information system, the customer can cancel the determination of the supplier by holding an open tender no later than five days before the deadline for submission competitive bids (Part 1, Article 36 of the Law on Public Procurement No. 44-FZ).