Game rules and betting plan. Concept and types of games and betting

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Introduction

1.2 Concept of games and betting

1.3 Types of games and bets

Conclusion

Bibliography

Introduction

Play is an ancient social relationship in which humanity has always shown increased interest.

The basis for conducting games and betting is the well-known civil category of risk. Ever since Ancient Rome Transactions based on risk are usually called aleatory (from the Latin alea - dice, chance, lot). Currently individual issues civil legal regulation conducting games and betting, are enshrined in Chapter. 58 of the Civil Code of the Russian Federation and in one of the main normative acts Federal Law dated December 29, 2006 N 244-FZ (as amended on July 22, 2014) “On state regulation of activities for organizing and conducting gambling and on amendments to certain legislative acts of the Russian Federation."

IN modern society Economic relations have developed in which the organization of gambling is one of the types of entrepreneurial activity, which is rapidly developing and brings in considerable income. Therefore it seems necessary in-depth study the factual basis and legal regulation of this phenomenon. The topic itself touched upon by the research is so large-scale, complex and multifaceted that it undoubtedly requires a lot of attention and significant scientific efforts, in addition to civil law, from a number of branches of knowledge, such as: philosophy, sociology, economics, psychology, criminology, administrative law , municipal law, criminal law.

However, to date, at the theoretical level, there has not been a clear and unambiguous interpretation of all the essential aspects of the relations that arise when conducting games and bets, starting from an understanding of their legal nature and ending with the validity of depriving legal protection of the claims of citizens and legal entities related to the organization of games and bets or participation in them. As a consequence of this state of affairs, a number of difficulties arise in law enforcement practice, manifested, for example, in the presence of judicial practice, which actually deals with the interpretation of civil law norms to determine the essence of such an institution of civil law as games and betting.

The history of games goes back a little less time than humanity exists. However, the legal regulation of relations in this area almost always remained quite laconic. This is most likely due to their unusual nature. It is possible to determine the legal fate of the winnings, the rights and obligations of the parties, their responsibilities, the form and terms of the agreement on the conduct of games, but it is impossible to regulate the process of the game itself, the rules according to which the winner is determined - in to a greater extent due to the extreme variety of options.

In modern society, economic relations have developed in which the organization of gambling is one of the types of entrepreneurial activity, which is rapidly developing and brings in considerable income. The gambling business is a dynamically developing entertainment and recreation industry. But in the legislation of many countries around the world there is a negative attitude towards games and betting. Our legislation also expresses a negative attitude towards games and betting, following public morality. Numerous violations have been observed in this area. It is very difficult to control the real income and expenses of bookmakers, casino owners, and slot machines. This problem is typical not only for Russia, but also for the whole world. The low transparency of the gambling business has led to restrictions on its operation being introduced in many countries.

And yet the phrase “our life is a game” has long become an axiom that no one disputes. Today, the gambling business is so large-scale and dynamic that it requires special attention from the legislative bodies. All over the world there are special laws on gambling that regulate their activities - game rules, the number of gambling establishments, the procedure for their opening and location.

The object of the work is social relations that develop in connection with the organization and conduct of public competitions, games and bets.

The subject of the work is the current legislation that regulates the obligations arising from the holding of public competitions, games and steam, educational and scientific literature.

The purpose of this course work is to reveal the features and procedure for conducting games and betting.

1. consider the history of the gaming business;

2. define the concept of games and betting;

3. study the features of games and betting;

4. consider types of gambling.

5. reveal current problems associated with conducting games and betting.

The topic of the course work “Conducting games and betting” is quite interesting, extensive and multifaceted, which undoubtedly requires a lot of attention and a detailed study of all aspects of conducting games and betting.

Chapter 1. History of the development of the gaming business in Russia, general characteristics of games and betting

1.1 Gaming business in Russia. History of development

Gambling has appeared in Russia since ancient times. So, on one of the miniatures of the Koeningsber Chronicle of 983. it tells how Prince Vladimir casts lots using dice. Many scientists believe that games were brought to us from Scandinavian countries. IN ancient Rus' glass checkers also appeared only in the 10th century, and not earlier than its second half, i.e. simultaneously with bone checkers of the same shape and accompanied by a large number of other things Scandinavian origin. The fact that the game of checkers was brought to us from the north is also evidenced by the topography of finds in Rus'. They were found either along the route of the great water route “from the Varangians to the Greeks,” or in necropolises near large cities, where Russian mercenary princely squads were concentrated.

Gambling took root well on Russian soil and quickly began to spread to all levels of society. Further attitude towards the games was determined by the attitude of the first government official towards them. In 1801 Emperor Alexander 1 banned all card gambling by decree. Some provisions of the decree were included in the Charter of Prevention for the Suppression of Crimes, published in 1842. The Code on Criminal and Correctional Punishments (1845 with amendments in 1857) provides for liability for opening gambling houses and for taking part in a prohibited game. Nicholas 1 in 1832 also drew attention to the need to combat “the pernicious passion for the forbidden game” that was now widespread.

In the 19th century In Russia, the passion for maps grew on an incredible scale and penetrated all layers of society. We find a reflection of that time in the works of A.S. Pushkina, M.Yu. Lermontov, F.M. Dostoevsky, many of his works are even entirely devoted to gambling. There were no special civil regulations regarding games as such. Code of Civil Laws (vol. X, part I), which was in force until October revolution, did not contain special rules regulating relations directly arising from games and bets. Games were mentioned only in two articles of the Code, which directly affected the relationship between one party to such an agreement and a third party arising in connection with a loan provided by the latter in direct connection with games and bets.

Betting on racetracks and card games were very popular in Tsarist Russia. The great princes bet their estates and palaces, the beggars - their last pennies. " Council Code 1649 provided for responsibility and “strong” punishment for playing cards and grains” Subanova, N.V. Legal regulation in the field of organizing and conducting gambling: history and modernity // Journal “Legality”, 2011. No. 12. P. 47-49. .

On November 7, 1917, power changes in Petrograd, and a new era begins in the history of the country. From the Bolshevik point of view, gambling had no place in the life of the new society. Already on November 24, 1917, the Petrograd Military Revolutionary Committee issued a decree to close all gambling clubs and dens. But all the establishments mentioned in this resolution simply went illegal.

Gambling was rehabilitated during the NEP years - on November 9, 1921, the Council of Labor and Defense of the RSFSR officially authorized the sale of playing cards. Casinos and gambling clubs began to open everywhere.

The gambling business existed legally for only two years. Already at the end of 1923, a sociological study of the life of Petrograd workers was carried out. The conclusions were disappointing - card games became the main form of leisure for the proletariat. Proletarians were actually not interested in music, dancing, sports and various kinds of “cultural leisure”. Only traditional drinking could rival gambling in popularity. This situation was unacceptable for the new government. A special commission was immediately created to combat moonshine, cocaine and gambling. At first, gambling houses and casinos were closed in working-class areas, and in May 1928, the Council of People's Commissars issued a decree on the widespread closure of gambling establishments.

The gambling business became an underground, criminal business for many years. Sports betting and gambling were finally legalized only after the collapse of Soviet Union. By the way, in “places of deprivation of liberty” card games were a favorite form of leisure for both thieves in law and ordinary prisoners. In the criminal world, gambling was taken very seriously - the card debt had to be repaid in any case, at any cost.

But they also left several outlets for gambling law-abiding citizens. One of them was betting at racetracks. Nobody even thought of banning them - why give up such a source of stable and large income. GU KON (Main Directorate of Horse Breeding and Breeding) organized the first horse races at the Moscow Hippodrome already in 1921. In the early twenties, hippodromes began to open everywhere.

Another type of legal gambling was all kinds of lotteries. First All-Russian lottery was held in the same 1921 - famine was raging in the south of the country at that time and the proceeds went to purchase food. And then public organizations and individual enterprises began to hold lotteries. It was not only money that could be won, but also various kinds of deficits. In 1976, the most popular Soviet lottery, Sportloto, was launched. All income from this popular lottery went to finance sports.

The bridge was another outlet for gambling enthusiasts. It was classified as an intellectual sport and was not banned. In 1940, the Baltic republics, where bridge was very popular, became part of the Soviet Union. But, in 1973, the Sports Committee adopted a resolution stating that such a “bourgeois perversion” as bridge is incompatible with “ Moral Code Builder of Communism." Bridge was only recognized as a sport again in 1990.

“The first slot machines appeared in hotels in Moscow and the Northern capital at the height of perestroika. Then, in the Moscow Savoy Hotel, by order of a Finnish company called Casino Amherst, it opens a casino and installs slot machines for free. The profitability of the “one-armed bandits” exceeded all expectations, and they soon filled the cities of Russia. Until the end of 1990, the gambling business was based on casinos, which were expensive “elite” establishments in the country’s markets. Then quickly formed full set gambling establishments: gaming houses (casinos), gaming clubs by interests, online casinos, slot machine pavilions and bookmakers" On-line magazine "Bulletin of the Gambling Business" 2013. // URL: http://vib.adib92.ru/.

Since 1998, the gambling business has been developing more and more intensively. For its objective assessment, the State Tax Service of Russia, after the entry into force of Law No. 142-FZ “On the Tax on Gambling Business”, organized work on monthly monitoring of the total number of registered objects of taxation in the tax authorities by their types. By mid-1998, there were more than 800 gambling establishments operating in the country.

“The real explosion in the gambling industry occurred in the 2000s.” At the end of 2000, more than 2,700 gambling establishments operated on the territory of the Russian Federation, which housed: 2,581 gaming tables, 34,294 slot machines, 127 bookmakers and 48 betting offices. Levitsky, L. Russian roulette: the stakes are rising // Russian Federation Today Magazine, 2012. No. 2. P. 39

Currently, according to the Federal Law of Russia 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”, from July 1, 2009, gambling establishments (for with the exception of bookmakers, sweepstakes, and their betting points) in Russia it is allowed to operate only in four specially designated places (the so-called gambling zones ah): “Primorye” - in the resort area of the Ussuri Bay (Primorsky Territory); "Siberian coin" - in the Altai region Altai Territory; “Yantarnaya” - in the vicinity of the village of Yantarny, Kaliningrad region; “Azov City” - on the territory of the Shcherbinovsky district of the Krasnodar Territory and the Azov district of the Rostov region. Thus, the legislator applied a half-measure, trying to take into account the interests of both citizens and businesses. It seems that he banned casinos, but at the same time, he gave a chance to develop this type of business activity, but only in precisely defined areas.

1.2 Concept and types of games and bets

Chapter 58 of the Civil Code, although devoted to games and betting, does not contain a definition of either one or the other. The noted distinguishes this chapter from other chapters of the Code that highlight any of the types of contracts.

Play is an activity that is voluntary, enjoyable, and has no apparent purpose other than pleasure. This concept is enshrined in the Great Explanatory Dictionary of Sociology by David D., Jerry J. This is one of the fundamental concepts of modern philosophy and sociology. In the context of these sciences, play is understood as an activity, the meaning and value of which lies in itself, in the very process of play.

The legal definition of the concept of “gambling” is contained in the federal law of December 29, 2006 N 244-FZ “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation,” where gambling is understood as “based on at risk, an agreement on winnings concluded by two or more participants in such an agreement between themselves or with the organizer of a gambling game according to the rules established by the organizer of a gambling game.

A bet is a game of chance in which the outcome of a risk-based agreement to win, concluded by two or more bettors among themselves or with the organizer of this type of gambling, depends on an event for which it is unknown whether it will occur or not”1 Federal Law dated 29.12 .2006 N 244-FZ (as amended on October 16, 2012) “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation” [ConsultantPlus].

A bet in the form of a conflict of forecasts is actually a dispute not between the caller and those who responded, but only between the latter. The caller accepts bets, forecast options and sums up the results.

Games (betting) are almost always carried out (with the exception of the so-called charity lotteries) is a commercial activity for the caller, whose profit consists of the difference between the amount of risk contributions of those who responded and the amount that constitutes the prize fund and the costs of organizing and running the game.

Basic distinctive feature games and betting in civil law is their risky, or aleatory nature, which is expressed in the fact that the parties are aware of the possibility of both favorable and unfavorable consequences occurring equally or with a certain probability ratio, in other words, winning or losing. In addition, their important feature is the property nature of winnings, as well as losses.

The concepts of gaming and betting are very close in nature. Traditionally, the distinction between them is based on the ability of participants to influence the outcome. Thus, a game is defined as an agreement by virtue of which the participants in the game are promised (to one or more of them) a certain win, depending on the degree of dexterity of the participants, their combination abilities, or to one degree or another on chance, i.e. usually the participants in the game have a significant influence on the result. With a bet, this possibility is absent, since one side claims and the other denies the existence of a certain circumstance that occurs independently of them. When betting, the participation of the parties in the occurrence of these circumstances is excluded or minimized and only verification of the facts is assumed. In essence, betting is a type of game.

The significance of this special attention paid to this type of game probably lies in the fact that betting has more specificity than other types of games, as well as in its wide distribution. Belov V.A. Games and betting as institutions of civil law. /V.A. Belov. - Games and betting. - M., 2012. - 5-8 p.

1.3 Types of games and bets

The number of existing games is huge and continues to constantly increase.

Let’s say a casino may offer you to play a variety of gambling games. There is special equipment for each game in the casino. Equipment means the croupier’s working equipment: chips, gambling table, dice, cards, and so on.

“All casino games are based on the process of the player confronting the bank, on whose behalf the gambling house acts. We can list some of the games that are traditionally played in Western and now Russian casinos, of course, unless they are deliberately excluded from the list of entertainment offered.

So, in a casino you may be offered to play the following games:

1) roulette - European, American, French;

2) bones - Sic Bo;

3) card games - blackjack and its varieties, poker and its varieties, drill, craps, baccarat and its varieties, stos, “casino war”, “red dog”;

4) dominoes - pai gow;

5) wheel of fortune;

6) slot machines" On-line magazine "Bulletin of the Gambling Business" 2013. // URL: http://vib.adib92.ru/.

Roulette - (roulette translated from French means “small wheel”). The croupier launches the roulette wheel and the ball in opposite directions, which must fall into one of the numbered cells, making at least three full turns around the wheel. Cells numbered from 1 to 36 are colored black and red. The numbers are not in order, although the colors of the cells strictly alternate, starting with 1 - red. The cell labeled 0 is colored green and is called zero.

There are two main types of roulette: American roulette and European roulette. The main difference is the number of “0s” on the wheel. American roulette wheel has two “0s” - zero and double-zero, which increases the gambling house’s profit to 5.3%. The European variety has only one "0", which yields 2.7%.

Roulette is called the “Ferris Wheel” because the sum of all the numbers on the roulette wheel is 666.

Sometimes they also talk about French roulette - usually this is a variation European roulette, where the "jail" rule is used. According to this rule, in the event of a zero, the bets placed on the odds are lost in half, and the other half remains on the table until the next game. In online casinos, in this case, they often give the player half of the bets placed on the odds. In French roulette, betting on the odds reduces the house edge to 1.35%.

Bones - Sic Bo. This game originates in ancient China. It was once a favorite pastime and even a source permanent income for many gamblers in the Middle Kingdom. Trade routes that connected many countries also passed through this exotic country. From there they brought silk, tea, opium and other goods for which the countries of Southeast Asia were famous. The traders liked the game; it entertained them in their free hours. Thus, along the caravan routes, Sic Bo migrated to European countries far from China.

In each game, three dice are rolled. Players placing their chips on numerous sectors of the playing field first place bets on the numbers of the sides that appear in this game. Each sector corresponds to different types of bets. The dealer throws the dice using a small device called a popper. The bones, lying on a round membrane, covered with a special dome, are thrown upward by electrical impulses. The bones, hitting the dome, make characteristic pops. After the bets are placed, the dealer announces the end of accepting bets, turns off the device, removes the dome and shows the players the drawn numbers and announces these numbers out loud. Sic Bo is played by several players at once, the number of which is determined by the space around the gaming table. Each player places bets independently of the others. The game Sic Bo uses six-sided dice of a regular cubic shape, on which dots corresponding to numbers (1, 2, 3, 4, 5, 6) are marked. The sum of the points on opposite faces is always seven: 6-1, 5-2, 4-3.

Card games. Among the card games in casinos, the most popular are baccarat, poker and blackjack, in different variations.

Poker. A card game in which the goal is to win bets by making the highest possible poker hand using 4 (old classic version), or 5 cards, or forcing all opponents to stop playing the game. The game is played with cards completely or partially hidden. Specific rules may vary depending on the variety of poker. The common elements of all types of poker are combinations and the presence of trading during the game. Poker is played with different decks - 32, 36 or 54 cards, but most often a standard deck of 52 sheets with equal suits is used. Several participants play (2 or more, usually up to 10 at one table).

Blackjack (twenty-one, point) is one of the most exciting and popular card games. The birthplace of blackjack is called France, Italy, and the USA. Be that as it may, the game gained the greatest popularity in America, where the scientific theory of this game was also developed. When playing blackjack, the theory of probability works not for the bank, but for the player, which is why this game is so popular in many countries around the world, including in Russia. It is believed that the predecessor of this game was the card game "vingt-et-un" ("twenty-one"), which appeared in French gambling establishments around the 19th century. In Russia, for example, blackjack is often called twenty-one to this day.

Blackjack is usually played with one to eight decks. Many casinos use shuffle machines. In a game with one or two decks of cards, the dealer usually holds the decks. If there are more decks in the game than two, then a shoe is placed on the table (from the English word Shoe, which means shoe). A special device into which the deck is inserted and from where the cards are then dealt. In a 1 or 2 deck game with a dealer, the cards are dealt face down and players are allowed to touch the cards. When playing with a shoe, cards are dealt face up and players are not allowed to touch the cards. Other fundamentals of the game remain unchanged. The goal of playing blackjack is simple - beat the dealer. If your card combination is higher than the dealer's and you don't go over 21, then you win. You should not always strive to score 21; if you score more, you lose. If both you and the dealer go over 21, you lose. If the dealer goes over and you don't, you win.

If both you and the dealer have equal points, then everyone remains with their bets. This situation in blackjack is called “Exactly”. But in some casinos, in the “Rovno” situation, the casino wins, so it’s worth checking the rules of the gambling establishment in advance. Varieties of blackjack include blackjack switch, European blackjack, Spanish twenty-one, pontoon, and oasis.

Baccarat. The origins of baccarat are still unclear. Presumably, the roots of this game should be sought in France, in the city where high-quality crystal is produced, which has the same name. However, the name of the game comes from the Italian “baccara”, which means “zero”. Be that as it may, in the 19th century. Baccarat came to Russia and quickly gained popularity among aristocrats. Currently, this game is very popular in Europe and Asia, but in Russia and the USA it is not played so often, as they consider it not profitable enough.

The good thing about baccarat is that it can be played by an unlimited number of people. In this case, two large decks of 52 cards are used. The score goes by points. The goal of the baccarat game is to collect a combination of cards with a score close to or equal to 9. Players are only required to place a bet, so the game acquires a characteristic intensity that does not torment players with expectations, everything happens automatically, according to established rules. The main task for all players is to guess who the dealer or player will win, or you can bet on a draw.

Dominoes - Pai Gow. Pai Gow is probably one of the most difficult casino games to explain. Once you understand the rules of the game, you can find many advantages over other gambling games. It is funny, the casino winning percentage is not high, it is unique because it is played on dominoes. The Chinese, who are credited with the origin, have been playing Pai Gow for centuries.

Pai Gow is played with a set of 32 dominoes. Moreover, some dominoes appear once, and some twice. The goal of the game is to beat the banker. But, unlike most casino games, in Pai Gow the player can become a banker himself, then the goal is to beat everyone involved. The game begins with all players making bets. The dealer shuffles the dominoes and places them into 8 equal stacks of 4 dominoes each. Players cast lots to see who will take the first stack. As a rule, the draw takes place using dice. The hardest part is remembering the value of all the dominoes. There is no easy way do it. There are 992 possible options, if you think about it mathematically. But due to the double tiles and the fact that the order doesn't matter, the actual number is much smaller.

Wheel of Fortune.

It's a game of luck. No special explanation is required for this game. If you have watched “Field of Miracles” at least once in your life (and every resident of our country has sinned), no problems should arise - the principle is identical. The Wheel of Fortune is widespread not only in live casinos, but also online. Naturally, there is no dealer there, so the game is simplified.

The wheel is about 2 meters in diameter and stands vertically. It is divided into fifty-four cells where the wheel can potentially stop. There are seven symbols that occupy different cells. These symbols are usually 1$ (24 slots), 2$ (15 slots), 5$ (7 slots), 10$ (4 slots), 20$ (2 slots), Joker (1 slot) and gambling house logo (1 cell). Nearby there is a specially marked table with the same symbols as on the wheel. The idea is to guess the symbol that the wheel will land on on the next spin and place a bet on that symbol on the table accordingly.

Slot machines.

Slot machines began their history in America around 1887, although exact date is not completely known, since some sources point to 1899.

Charles Fay, the father of the first mechanical machine, called it the “Liberty Bell,” its name also symbolized the independence of the United States. It consisted of three reels with 10 symbols each: hearts, spades, diamonds, horseshoes and, of course, the liberty bell itself. The mechanism of play and payment has also not changed much since then.

Slot machines are a relatively new trend in the field of gambling, which appeared about 120 years ago. Once upon a time, candy and trinkets were offered as winnings.

Currently, it is customary to distinguish several types of gaming machines (slot machines):

Mechanical (wheeled) types of slot machines;

Video slots;

Video poker;

Multi-terminal.

Slot machines differ in the number of reels, the number of pay lines, they have buttons whose value is constant, but exceptions may occur. The inscription on the button corresponds to the action that will be performed after pressing it. The inscriptions are usually produced in English.

Chapter 2. Features of games and betting

2.1 Requirements for gambling organizers

Requirements for organizers are regulated by law. They are contained in the Federal Law dated December 29, 2006 N 244-FZ (as amended on July 22, 2014) “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation.” In addition to this Federal Law, various Rules also apply, namely: Resolution of the Government of the Russian Federation dated August 23, 2007 N 540 (as amended on April 10, 2013) “On the composition and procedure for the submission by the organizer of gambling of information necessary to monitor compliance with the requirements of the legislation on state regulation of activities related to the organization and conduct of gambling", Decree of the Government of the Russian Federation dated July 13, 2011 N 567 "On approval of the Rules for confirming the sources of origin of funds contributed to pay for the authorized capital of the organizer of gambling in a bookmaker's office or totalizator", Decree of the Government of the Russian Federation dated 10.07 .2007 N 441 “On approval of the Rules for performing transactions with funds when organizing and conducting gambling.”

As for the requirements listed in the Federal Law “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation”, they are contained in Art. 6:

"1. Organizers of gambling can only be legal entities registered in accordance with the established procedure on the territory of the Russian Federation.

2. Legal entities whose founders (participants) are the Russian Federation, constituent entities of the Russian Federation or bodies cannot act as organizers of gambling local government, as well as persons who have an unexpunged or outstanding conviction for crimes in the economic sphere or for intentional crimes of moderate gravity, serious crimes, especially serious crimes.

3. The organizer of gambling is obliged to provide information necessary for the implementation of state supervision over compliance with the requirements of legislation on state regulation of activities related to 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 gambling organizer is obliged to ensure the personal safety of gambling participants, other visitors to the gambling establishment, and employees of the gambling organizer while they are 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 transactions with funds when organizing and conducting gambling.

6. The value of the net assets of the gambling organizer during the entire period of activity for organizing and conducting gambling cannot be less than:

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

Clause 2 of Part 6 of Article 6 does not apply to organizers of gambling in bookmakers' offices or sweepstakes that received licenses to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes before the date of entry into force of the Federal Law of April 22, 2010 N 64-FZ , before the expiration of such licenses.

2) 1 billion rubles - for 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 gambling organizers is established by the federal executive body authorized by the Government of the Russian Federation.

8. Lost power.

Part 9 of Article 6 does not apply to organizers of gambling in bookmakers' offices or sweepstakes that received licenses to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes before the date of entry into force of the Federal Law of April 22, 2010 N 64-FZ, until expiration of such licenses.

9. The minimum amount of the authorized capital of the organizer of gambling in a bookmaker's office or totalizator is established in the amount of 100 million rubles. Only cash can be contributed to pay for such authorized capital. Borrowed funds cannot be used to form such authorized capital. The procedure for confirming the sources of origin of funds contributed to pay for such authorized capital is established by the Government of the Russian Federation.

Part 10 of Article 6 does not apply to organizers of gambling in bookmakers' offices or sweepstakes that received licenses to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes before the date of entry into force of the Federal Law of April 22, 2010 N 64-FZ, until expiration of such licenses. gaming betting zone gambling

10. In order to protect the rights and legitimate interests of gambling participants, activities related to organizing and conducting gambling in a bookmaker’s office or totalizator are permitted only if the organizer of gambling in the bookmaker’s office or totalizator has a bank guarantee of fulfillment of obligations to gambling participants. The guarantor that provided the bank guarantee can only be a bank. The validity period of the bank guarantee cannot be less than five years. The bank guarantee is extended or re-issued during the entire validity period of the license for carrying out the specified activity available to the organizer of gambling in a bookmaker's office or totalizator and cannot be revoked; in these cases, a bank guarantee for the corresponding period of its validity must be received by the organizer of gambling in a bookmaker's office or betting on the day following the expiration of the agreement on the provision of a bank guarantee. The size of the bank guarantee is determined in the relevant agreement and cannot be less than 500 million rubles.

11. The gambling organizer is obliged to provide annually to the federal executive body authorized by the Government of the Russian Federation information about persons who have voting shares or a stake in the authorized capital of this gambling organizer in the amount of at least 10 percent and, accordingly, directly and (or) indirectly can have a significant impact influence on the resolution of issues within the competence of the general meeting of founders (participants) of this gambling organizer, as well as documents confirming the specified information. The composition and procedure for providing the specified information and documents are established by the Government of the Russian Federation.

12. The accounting (financial) statements of the gambling organizer are subject to mandatory annual audit.

13. Information and documents specified in part 11 of this article, auditor’s conclusion based on the results of the annual audit are mandatory annexes to the accounting (financial) statements of the gambling organizer.

14. The verification of the reliability of information, the provision of which is provided for in parts 3, 9 and 11 of this article, is carried out by a federal executive body authorized by the Government of the Russian Federation. The gambling organizer is responsible for the completeness and accuracy of the specified information in accordance with the legislation of the Russian Federation.

15. The Government of the Russian Federation may establish additional requirements for gambling organizers, as well as for the reporting of gambling organizers, its composition and the procedure for presentation" Federal Law dated December 29, 2006 N 244-FZ (as amended on July 22, 2014) "On state regulation activities related to the organization and conduct of gambling and amendments to certain legislative acts of the Russian Federation" [ConsultantPlus].

As for visitors to gambling establishments, they can be persons over 18 years of age. Also, the organizer can independently establish rules for visiting a gambling establishment that do not contradict the law. A person who has repeatedly violated the rules of a gambling establishment established by Federal Law is obliged to immediately leave this establishment at the request of the employees of the gambling organizer.

As for the requirements for a gambling establishment and the requirements for casinos and slot machine halls, they are defined in Article 8 and Art. 8.1 Federal Law “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation”:

"Article 8. General requirements to a gambling establishment

1. A gambling establishment must be divided into a service area for gambling participants and a service area of the gambling establishment.

2. In a place accessible to visitors to the gambling establishment, the text of this Federal Law, the rules of gambling established by the gambling organizer and the rules for visiting the gambling establishment, a permit to carry out activities for organizing and conducting gambling in the gambling zone, or a license to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes or a copy thereof. (as amended by Federal Law dated June 13, 2011 N 133-FZ)

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

4. Gaming 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 gambling organizer. Documents confirming the compliance of gaming equipment with the specified requirements must always be on the premises of the gambling establishment. (as amended by Federal Law dated October 16, 2012 N 168-FZ)

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

6. In the service area of a gambling establishment (with the exception of bet acceptance points of a bookmaker's office and totalizator) there must be a rest room for employees of the gambling organizer, a specially equipped room for receiving, issuing and temporary storage of funds, and a room for organizing the security service of the gambling establishment. (Part 6 introduced by Federal Law dated October 16, 2012 N 168-FZ)

7. A gambling establishment cannot be located in a building, structure, structure in which physical education, health and sports facilities are located (with the exception of bookmakers, sweepstakes, and their betting points). (Part 7 introduced by Federal Law dated October 16, 2012 N 168-FZ)

Article 8.1. Requirements for casinos and slot machine halls

1. A casino and slot machine hall can only be located in a building, structure, structure that is an object of capital construction, occupy the specified object entirely or be located in a single separate part of it.

2. The area of the gambling establishment's service area in a casino cannot be less than eight hundred square meters, and it must contain a gambling establishment's cash desk, a wardrobe, rest areas for gambling establishment visitors and a toilet.

3. In the service area for gambling participants in a casino, at least ten gaming tables must be installed, and slot machines may also be installed and there may be points for accepting bets from a betting shop and (or) a bookmaker’s office.

4. If slot machines are installed in the service area for gambling participants in a casino, this gambling establishment is subject to the requirements established by part 6 of this article.

5. The area of the service area for gambling participants in the slot machine hall cannot be less than one hundred square meters, and it must contain a gambling establishment cash desk and a toilet.

6. In the service area for gambling participants, at least fifty slot machines must be installed in the slot machine hall, and there may also be points for accepting bets from a totalizator and (or) a bookmaker’s office.

7. In the service area of the slot machine hall there must be a specially equipped room or equipment must be installed for receiving, issuing and temporary storage of funds" Federal Law dated December 29, 2006 N 244-FZ (as amended on July 22, 2014) "On state regulation of activities on the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation" [ConsultantPlus].

2.2 Gambling zones, their readiness for use

In December 2006, the Russian government adopted a bill “On state regulation of activities related to the organization and conduct of gambling.” According to the draft new law, from July 1, 2009, all Russian gambling establishments were to be concentrated in special zones. These include the Kaliningrad region, Altai and Primorsky territories, as well as the territory located between the Rostov region and the Krasnodar region:

“Primorye” - in the resort area of the Ussuri Bay (Primorsky Territory);

“Siberian coin” - in the Altai region of the Altai Territory;

“Yantarnaya” - in the vicinity of the village of Yantarny (Kaliningrad region);

"Azov City" - on the territory of the Shcherbinovsky district of the Krasnodar Territory and the Azov district of the Rostov region.

The Azov City zone almost became a pioneer of the “civilized” gambling business. The law on its creation was signed in December 2007, that is, earlier than other zones. Azov City started operating at the very beginning of 2010. And at the end of January of the same year, the first casino, “Oracle,” opened. More than 300 million rubles were invested in it. Then the second casino, Shambhala, opened its doors. The investors for these projects were different.

But after a few months it became obvious that the casino’s income was minimal, and the attractiveness of the projects left much to be desired. Therefore, the leadership of the Krasnodar region began actively lobbying for the relocation of the gambling zone closer to the Black Sea, very close to Anapa. “Golden Sands” is a new sonorous name for this zone.

At the same time, it was decided to exclude the Rostov region from the gambling zone. The conflict arose due to the fact that Azov City is located on the border of two regions, and the Rostov region was clearly lagging behind in development.

In the fall of 2010, the region was officially removed from the list.

At the moment, Azov City is the largest of the four gambling zones: as of January 2014, there are three casinos operating here and a five-star hotel is being built. The Siberian Coin is located on the territory of the Altai Territory. On February 9, 2008, a government decree was signed on the creation of this gambling zone. According to it, it will be located in the Altai Territory, 250 km from Barnaul, near the village of Aya. Territory " Siberian coin"will be adjacent to the territory of the created tourist and recreational zone "Turquoise Katun". It is expected that the cost of the project will be more than 30,000,000,000 rubles. The first casino opened on November 1, 2014. At this point, only the ground floor with VIP rooms was ready. Altai Palace will be fully launched in April 2015. On the ground floor there will be a cloakroom for 500 people, a cafeteria and a weapons storage room. There will also be two ATMs and two representative offices of banks - one of them is Sberbank, the second has not yet been selected. You can play on the ground floor in a large gaming room with “budget” bets starting from 1 ruble. The second floor will be used for a pawnshop, a restaurant with 70 seats, an administrative complex and a medical office. The third will be entirely occupied by a hotel.

Primorye (the first casino is being built). Located in the Primorsky Territory. For the construction of the gambling zone infrastructure, 620 hectares of land are allocated in the resort area of the Ussuri Bay on the shore of Muravyinaya Bay at Cape Turtle, 50 km from the capital of Primorye - the city of Vladivostok and 15 km from the nearest airport. The construction of hotels, trade exhibition and cultural and entertainment complexes, a yacht club and other facilities is planned on the territory of the zone. Initially, the opening of the first casino was scheduled for November 2011. Due to the low population density in the region and the distance from large cities, the Primorye gambling zone, at least in initial stage, will focus primarily (70-80%) on clients from neighboring countries of Southeast Asia (China, Japan). The opening of the gambling zone is expected in March-April 2015.

Yantarnaya (development plans are being discussed). Located in the Kaliningrad region. For a long time, despite attempts to invest funds in the project, no noticeable shifts in the development and construction of the gambling zone occurred. Despite the noticeable futility of Yantannaya, in April 2014 its territory was increased by almost 1 km². Certain shifts in the implementation of the gambling zone are evidenced by the discussion of its concept proposed by the Governor of the Kaliningrad Region Nikolai Tsukanov. In his opinion, “Yantarnaya” could develop as a “special” tourist and recreational zone without a pronounced emphasis on the gambling business, following the example of the popular German resort town of Baden-Baden.

Under consideration

Gambling zone in the Republic of Crimea. On April 21, 2014, a number of media reported that Russian President Vladimir Putin introduced a bill on the creation of its own gambling zone on the territory of the Crimea Peninsula, which is de facto part of the Russian Federation. At the moment, as reported, the search for the optimal location for its placement is underway (the most likely choice is the territory on the southern coast of Crimea). Proposals to open a gambling zone in Crimea were received during the period of control of the peninsula by Ukraine, and after the controversial annexation of the peninsula to Russia, a similar proposal was submitted for consideration in March 2014, as part of the creation of a special economic zone in the new region of our country. Then this initiative was seriously criticized by the Public Chamber of the Russian Federation and Russian Prime Minister Dmitry Medvedev, but it was also supported. O. Prime Minister of the Republic of Crimea Sergei Aksyonov. According to Deputy Prime Minister of the Russian Federation Dmitry Kozak, the “gambling” zone on the territory of Crimea can be implemented exclusively within the framework of current legislation (in some uninhabited area, without spreading throughout the region). The possible opening of the Crimean gambling zone, as expected, met with an extremely negative reaction from the Ukrainian media and Crimean Tatars.

Proposed

Golden Sands. The project is a suburb of Anapa, which is a large integrated resort facility, including a gambling zone. It was assumed that Golden Sands would replace the less promising Azov City.

Gambling zone in the city of Sochi. A number of media outlets published a proposal by Prime Minister Dmitry Medvedev to allegedly begin the construction of another gambling zone in the resort city of Sochi after the Winter Olympics are held there. Soon this information was denied by Medvedev's press secretary. The Russian Prime Minister himself and a number of other experts and officials criticized this idea. Russian President Vladimir Putin also noted that Sochi has the image of a family resort, and the creation of a gambling zone in it is inappropriate. According to various publications, if such a project is implemented, it will certainly not be in the near future. http://wikipedia.org

Gambling zone in the Republic of Buryatia. A number of members of the local Public Chamber proposed creating another gambling zone on the territory of Buryatia. Discussion of the initiative is scheduled to take place in May 2014. A similar idea was put forward back in 2008 and even then met criticism from various activists, especially from members of the Communist Party of the Russian Federation.

2.3 Actual problems related to games and betting

1. Public promise of reward.

This Federal Draft Law “On the activities of organizing and conducting games and betting on the territory of the Russian Federation”, as well as the Federal Law of the Russian Federation of December 29, 2006 N 244-FZ “On state regulation of activities for organizing and conducting gambling and on introducing amendments into some legislative acts of the Russian Federation", the Civil Code of the Russian Federation, other federal laws, laws of the constituent entities of the Russian Federation, and may also be carried out by other normative laws adopted in accordance with this Federal Law legal acts, determine state regulation of activities related to the organization and conduct of games and betting on the territory of the Russian Federation, establish mandatory standards and the procedure for state control of organizers of games and betting. State regulation of activities related to the organization and conduct of gambling is carried out by:

1) establishing the procedure for carrying out activities for organizing and conducting gambling and the corresponding restrictions, mandatory requirements for organizers of gambling, gambling establishments, visitors to gambling establishments, gambling zones;

2) allocation of territories intended for carrying out activities related to organizing and conducting gambling - gambling zones;

Issuing permits to carry out activities related to organizing and conducting gambling in gambling zones;

Issuing licenses to carry out activities related to organizing and conducting gambling in bookmakers and sweepstakes;

Identification, prohibition and suppression of the activities of persons engaged in organizing and conducting gambling in violation of the legislation on state regulation of activities in organizing and conducting gambling.

According to the current legislation, a person who publicly announced the payment of a monetary reward or the issuance of another reward (payment of a reward) to someone who performs the lawful action specified in the announcement within the period specified in it, is obliged to pay the promised reward to anyone who performed the corresponding action, in particular, found the lost thing or provided the person who announced the award with the necessary information.

Chapter 52. Conducting games and betting § 1. General provisions

Concept of games and betting. The word game in Russian has several meanings, which can vary depending on the context and the specific life situation. In the institution of civil law under consideration, a game is understood as a phenomenon that is traditionally designated by the phrase gambling (from the French hazard - chance, chance, risk). Based on the legal definition of gambling contained in Art. 4 of the Federal Law 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” (hereinafter referred to as the Gambling Law) *(973) , a game in civil law is understood as a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of a gambling game according to pre-established rules. An integral feature of a game in civil law is its risky nature, which requires the parties to consciously various options changes in their property, the occurrence of which may depend on their own actions as players, on the actions of third parties or on the forces of nature.

A bet is a type of gambling in which the outcome of a risk-based winning agreement concluded by two or more bettors among themselves or with the organizer of this type of gambling depends on an event for which it is unknown whether it will occur or not (Article 4 of the Law about gambling). As can be seen from this definition, the occurrence of changes in the property sphere of bettors is in no way connected with their own behavior, but depends solely on the actions of third parties or the forces of nature.

Current legislation pays significant attention only to a narrow range of gambling games, including lotteries, games held in casinos, slot machine halls, bookmakers and betting shops. The lack of detailed regulation of other games, in particular various card games that have become widespread outside casinos, does not mean that they are outside the scope of civil law. Relations arising between participants in such games are regulated by general rules on games and betting, as well as general rules of civil law.

Sources of legal regulation. The rules governing the conduct of games and bets and participation in them are dispersed among several regulations. The most general provisions are enshrined in Chapter. 58 of the Civil Code, consisting of two articles - 1062 and 1063. They define: the grounds for the emergence of obligations from the conduct of games and bets; the range of subjects of the obligations under consideration; general requirements for the content of agreements on gaming and betting; rules for the protection of rights arising from the obligations in question.

One of the main sources of regulation in this area is the Gambling Law, which contains legal definitions of such key concepts for the legal institution under consideration as gambling, betting, betting, winnings, gambling establishment; the rules for organizing and participating in games held in casinos, slot machine halls, betting shops and bookmakers have been established, including defining the subjects, objects and features of the content of the obligations from the conduct of the relevant games. The conceptual innovation of the Gambling Law is the establishment of territorial boundaries for the occurrence and fulfillment of obligations to conduct games in casinos and slot machine halls. According to Art. 9, 16 of the Law on Gambling, from July 1, 2009, the occurrence and fulfillment of these obligations will become possible not throughout the entire territory of the Russian Federation, but only in its certain parts, called gambling zones. Gambling zones will be located in certain areas of the Altai Territory, Primorsky Territory, Kaliningrad Region, Krasnodar Territory and Rostov Region. Outside the gambling zones, transactions aimed at the emergence and fulfillment of the obligations in question will be considered invalid from July 1, 2009 on the basis of Art. 168 Civil Code.

Another source of legal regulation in this area is the Federal Law of November 11, 2003 “On Lotteries” (as amended and supplemented) *(974) (hereinafter referred to as the Law on Lotteries). The Law on Lotteries contains legal definitions of the concepts of lottery, winnings, lottery ticket, defines the subject composition of the obligations of conducting lotteries, the objects of the obligations in question, the features of their content, types of lotteries, requirements for lottery tickets.

In order to implement certain provisions of the Law on Lotteries, in particular, the norms on all-Russian and regional lotteries, on maintaining a register of lotteries, the executive authorities of the Russian Federation and the legislative and executive authorities of the constituent entities of the Federation have adopted relevant laws and by-laws. Thus, the Government of the Russian Federation adopted Resolution No. 338 of July 5, 2004 “On measures to implement the Federal Law “On Lotteries” *(975) (hereinafter referred to as the resolution on lotteries). As for regional regulations, for example, in St. Petersburg the Law of St. Petersburg of 2005 “On state register regional lotteries of St. Petersburg" *(976) , as well as Decree of the Government of St. Petersburg dated October 1, 2004 N 1637 “On measures to implement the Federal Law of November 11, 2003 N 138-FZ “On Lotteries” *(977) (hereinafter referred to as the St. Petersburg resolution on lotteries). It should be noted that these regulations do not contain civil law norms, but regulate exclusively the relations of persons applying for the organization of regional lotteries with the authorities of the Russian Federation and its constituent entities.

The basis for the emergence of obligations from the conduct of games and bets.

The basis for obligations arising from the conduct of games and bets is an agreement concluded between the organizer of the game and the participant or directly between the participants.

Depending on the type of game and its subject composition, the contract in question can be either consensual or real. For example, an agreement between two citizens concluded on the outcome of a football match, based on the general rule of paragraph 1 of Art. 433 of the Civil Code and in the absence of any special rules will be consensual. On the contrary, an agreement concluded between the organizer of casino games and visitors, on the basis of clause 2 of Art. 433 of the Civil Code will be real, since according to paragraph 3 of Art. 4 of the Gambling Law, making a bet is prerequisite participation in the game. Reaching an agreement between the participant and the organizer in this case is not enough; The moment the contract is concluded is the moment the participant places a bet.

The agreement to conduct games and bets is compensated, since the material provision in the form of a bet made by one party is opposed by the likelihood of receiving material provision in the form of a win from the other party in the event of a positive result of the game. Due to the fact that the bet is not opposed to the winnings themselves, but only the probability of receiving them, this agreement is usually referred to as the so-called risk (aleatory) contracts.

Depending on the type of game and the subjective composition of the participants, the agreement on conducting games and betting can be either bilaterally binding or unilateral.

The contract in question is a conditional transaction, since the emergence of the rights and obligations of the parties depends not only on the fact of concluding the contract and its terms, but also on whether the result of the game turns out to be positive for at least one of the parties.

The agreement on holding games and betting concluded between the organizer and the participant is, as a rule, an agreement of adhesion. However, despite the fact that a commercial organization usually acts on the side of the game organizer, the contract in question is not public, since the entrepreneurial activity of the game organizer cannot be reduced to the sale of goods, performance of work or provision of services, which is necessary by virtue of Art. 426 Civil Code.

The essential terms of the agreement on holding games and bets concluded between the organizer and the participant, in addition to the condition on the subject, are the conditions on the period of the game and the procedure for determining the winnings (clause 3 of Article 1063 of the Civil Code). The only essential condition of the agreement on holding games, the parties to which are exclusively the participants, is the condition on its subject.

The price is not considered by law to be an essential term of the contract for conducting games and betting. However, in the vast majority of cases, price acts as an essential condition of the contracts in question, since the need to agree on it arises at the will of the parties.

The form of the agreement on conducting games and betting is subject to the general rules of the Civil Code. Norm clause 2 art. 1063 of the Civil Code, according to which, in cases provided for by the rules for organizing games, an agreement between the organizer and a participant in the games is formalized by issuing a lottery ticket, receipt or other document, as well as in another way, in essence, it does not establish any special requirements for the form of the agreement in question. This norm contains only an approximate list of documents that can act as written form agreement, if, firstly, this is provided for by the rules for organizing games and, secondly, they include all the essential terms of the agreement. Taking into account Art. 12 of the Law on Lotteries, which contains mandatory requirements for the content of lottery tickets, it can be concluded that from the moment this Law comes into force, a lottery ticket represents a written form of an agreement on participation in the lottery. As for receipts and other documents issued during other gambling, since they are usually not detailed enough, they should be regarded mainly as possible evidence of the conclusion of an agreement in the event of a dispute.

Questions about the subject and parties of the agreement, the rights and obligations of the parties will be discussed in the next paragraph in relation to obligations from the conduct of games and bets.

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OBLIGATION TO CONDUCT GAMES AND BETTERS

A game is an obligation by virtue of which the organizer conducts a drawing of a prize fund between persons from whose risk contributions the specified fund is formed. This is one of the fundamental concepts of modern philosophy and sociology. In the context of these sciences, play is understood as an activity, the meaning and value of which lies in itself, in the very process of play. Any labor effort is always aimed at obtaining some result: tangible or intangible. In contrast, the game-activity is unproductive: it does not produce results that would have direct value for persons not participating in it. Game is one of the most important phenomena of human existence. It is in it, according to many philosophers, that one can find the source of culture and history of mankind.

The law has traditionally perceived games and betting in a more narrow, utilitarian way: as a source of enrichment for some and a cause of ruin for others. The inherent excitement of games, sometimes turning into passion, brought the economic consequences of this hobby to catastrophic proportions. Thus, in medieval England, playing dice far surpassed all other types of entertainment in popularity, even traditional archery. As a result, thousands of English artisans who produced bows and arrows found themselves without work, and it almost ended in a riot.

The state could not remain indifferent to this and since ancient times has actively fought against games and players. The repressive nature of the legal regulation of games and betting in the Middle Ages was adopted by the legislation of all European countries. The history of legal regulation of games is the history of their bans. Thus, in France, decrees of the king prohibited playing dice in 1291, 1319 and 1369. Finally, in 1396, another decree was passed prohibiting playing with fake dice. A similar story, but in relation to cards, was repeated four centuries later in Russia. Apparently, it’s not in vain that A.S. Pushkin called the passion for the game the strongest of human passions.

However, a total ban on all games has never been effective. TO end of the XVIII V. the legislator began to distinguish between the owners of gambling establishments and the players themselves, persecuting the former (if they did not have the appropriate license) and not paying attention to the latter. This is the approach to regulating games and betting that prevails in the world today.

The number of existing games is huge and continues to constantly increase. However, not all of them fall within the scope of legal regulation. Some games classified as gambling are regulated by the norms of a special legal sub-institute, Chapter 58 of the Civil Code “Games and Betting”. Other games (with property winnings, but not gambling in the strict sense of the word) fall under the provisions of Chapter 57 of the Civil Code. All other gaming activities of a person are legally indifferent.

Domestic legislation, unfortunately, does not contain a detailed concept of gambling, so its content must be established through interpretation. Law is only interested in those games that involve the possibility of winning or losing. The game itself, as a process of pastime, which is not followed by summing up or announcing the result, has no legal significance. But not every win (loss) moves the game into the realm of legal regulation. Thus, awarding a medal to the winner of a sports competition does not provide grounds for qualifying the corresponding game as gambling under Art. 1062 Civil Code. In this case, only a gain of a property nature (monetary or clothing) has legal significance, while a medal (even a gold one) is only a symbol of victory, but not its monetary equivalent. Along with the chance to win in the game, there must also be a risk of loss (also of a property nature). For this reason, a tennis tournament with a prize fund is not classified as gambling. After all, the loser in it loses nothing but prestige. Finally, the most important feature of gambling is the unpredictability of the result, its random nature. The outcome of a game of chess or checkers depends entirely on the skill of the players. Due to the fact that all the initial game data (the arrangement of the pieces) is known to the participants, the role of chance is minimized here.

The degree of influence of chance on the outcome of the game allows us to classify all games into three types: prestigious, commercial and gambling. In prestigious games, which usually include sports competitions, the result mainly depends on the skills, abilities and other personal qualities of the players. The rules of commercial games, such as preference or bridge, already introduce a significant element of chance into the game (card layout). But an equally important role here is given to the skills of the players themselves: combinatorial abilities, memory, etc. And only in gambling is the influence of chance so great that the personal qualities of the players are practically unable to influence the result.

Thus, from a legal point of view, gambling is an agreement, the only basis of which is the possibility of one of the participants acquiring property benefits (winnings) at the expense of another upon the occurrence of random conditions determined by the rules.

Gambling games are usually classified depending on whether players participate in the process of determining the winner, i.e. whether the winning procedure is being carried out or not. On this basis, gambling is divided into betting and gambling itself (in the narrow sense of the word). A bet is a type of game in which the occurrence of random winning circumstances is predicted by those who took part in the bet. Once the betting agreement is concluded, the winning party is determined automatically, depending on whether the disputed event occurred or not. If, to determine the winner, an additional procedure is required - drawing, i.e. a sequence of actions determined by the rules (for example, card moves) of participants, then we have before us not a bet, but a game of chance in the narrow sense of the word.

In turn, bets are divided into two types - totalizator and bookmaker bets - depending on the method of determining the amount of winnings. In a bookmaker's bet (for example, roulette or a cash lottery), the amount of winnings is absolutely fixed and does not depend on the number of players, the amount of bets made or the number of winners. On the contrary, winnings in a betting game (for example, on horse racing) will be greater the larger the prize fund, the higher the amount of the winning bet and the lower the probability of winning.

The legal nature of the agreement to conduct games or bets has not been well studied. In most cases it is formulated as real, i.e. is considered concluded from the moment when the players made their bets and formed the prize fund (otherwise - the “bank”). This design is convenient for the game organizer, since if he wins, he does not need to force the loser to pay the debt. However, nothing prevents the conclusion of a consensual agreement on the conduct of games or bets, if the rules of the relevant game allow it.

The compensation of the contract for holding games is due to the fact that the property provision of one party (the player’s bet) corresponds to a counter provision of chances of winning from the organizer of the games. Of course, the probability of winning does not always translate into reality. But it also has a certain value, equal to the mathematical expectation of winning, can be calculated in monetary terms and, therefore, also has a property nature.

An agreement on holding games or bets, depending on the content, can be either unilaterally or bilaterally binding. Bets are formalized by unilateral agreements, in which the obligation (to pay the winnings) lies with only one party - the organizer of the bet (bookmaker or betting operator). Gambling itself presupposes the presence of reciprocal obligations on all parties to the agreement.

The risky, or aleatory (from the Latin alea - case) nature of games and bets is beyond doubt, because the randomness of the result is their main qualifying feature. What is fundamentally important here is that it is impossible for one party to have a chance of winning or winning a lottery without corresponding and opposing odds for the other party. The contract cannot be risky from the point of view of one of the parties. It follows that agreements in which one of the parties (the organizer) does not directly participate in the game and, therefore, does not risk its property, are not agreements on gambling or betting. In such cases, we may be talking about a service agreement (for organizing a game), a rental agreement (for gaming equipment or space) or another transaction. Then on what basis do we classify betting as gambling? After all, its organizer does not risk his own funds and, on the contrary, always has a guaranteed income from organizing a bet. The reason probably lies in the peculiarities of the betting system as a system for organizing multilateral mutual bets. The betting operator acts only as an intermediary when players make bets. At the same time, he acts as a commission agent, representing the interests of each of the players in relation to all other participants in the bet (each and every one). Thus, the relationship between the player and the betting organizer is regulated simultaneously by two various agreements. The first of them is a commission agreement that binds the betting organizer and the player. Under this agreement, the organizer-commission agent, acting on own name, but on behalf of and at the expense of the committing player, is obliged in the future to conclude betting agreements with all other participants in his interests. The second is the betting agreement itself, which is also concluded between the player and the organizer of the betting. Here the organizer acts not only in the interests of a given player, but also represents all the other players before him, speaking on his own behalf, but on behalf of and at the expense of other participants (this can be seen as an analogy to commercial representation). According to this last agreement, the betting organizer bears the risk of losing bets entrusted to him by other participants. Thus, the risky nature of the agreement on organizing a sweepstakes for the organizer himself is due to the possibility of losing the funds entrusted to him by the participants.

An agreement to conduct games or bets does not in itself give rise to any obligatory relations between the parties. The gambling agreement, of course, imposes certain obligations on the parties, for example, to participate in the drawing of the prize fund (pot). But the corresponding legal relationship, being relative, is still not an obligation in the strict sense of the word. An obligation is a legal relationship that mediates the commodity movement of material goods from one person to another. And immediately after the conclusion of the contract, there can be no talk of any transfer of material goods. Moreover, it is not even known which of the participants will acquire property under the agreement and which will lose. Since an agreement to conduct games or bets is always a conditional transaction, it is the occurrence of the condition provided for in the agreement that gives rise to the corresponding obligation. Consequently, the obligation to pay the winnings arises on the basis of a complex legal structure, which includes two legal facts: the contract itself and the condition that has occurred. In games, this condition (the victory of one of the players) is realized by performing a sequence of unilateral actions of the players (for example, moves in card games). This probably explains why games and betting are traditionally studied among the obligations of unilateral actions.

From the contents of Art. 426.1063 of the Civil Code, it can be concluded that the contract for conducting games or betting is not public. The opposite opinion expressed by a number of lawyers is based on an incorrect interpretation of games and bets as agreements for the provision of services for organizing games. Meanwhile, the agreement in question is an independent type of civil contract and is governed not by the rules on the provision of paid services, but by Art. 1062 and 1063 Civil Code. At the same time, this agreement in most cases is an agreement of adhesion (Article 428 of the Civil Code).

Obligations from contracts for games or bets in most cases are of a natural nature. In general, the division of obligations into natural and civil (i.e., provided with legal protection) formed the basis for the classification of obligations in Roman law. Subsequently, European civil law focused its attention on the development of civil obligations, and natural obligations faded into the background. This is explained by the fact that the scope of their application in civil circulation is relatively narrow.

So, natural obligations are those that are deprived of enforceable protection, i.e. those in which the rights of the creditor are protected not by their own claim, but by refusal to satisfy the debtor’s claim. These are, for example, expired obligations limitation period(if the debtor declared the application of the limitation period and the court did not restore the missed period). After the expiration of the limitation period, the creditor can no longer demand the forced exercise of his right through legal proceedings. But this does not mean that subjective civil law has ceased to exist and cannot be protected at all. Only the methods of legal protection have changed. And if the former debtor, after the expiration of the limitation period, voluntarily fulfills such a natural obligation (regardless of the motives for the action), then subsequently he will no longer be able to demand the return transfer of the property given to the creditor. After all, fulfillment of a natural obligation is not considered fulfillment of an undue obligation and can be withheld by the creditor.

In obligations related to the conduct of games or bets, the winning party, as a general rule, cannot demand payment of the winnings through the court. Art. speaks about this. 1062 of the Civil Code, which deprives claims based on games or bets from judicial protection. But if the debtor voluntarily pays his debt and subsequently demands the return of what was paid, his claim will also be denied (based on Article 1062 of the Civil Code). Consequently, the creditor will be recognized as having the right to retain the winnings. But the law in regulating natural obligations is limited to this only.

Full-fledged, legally significant (i.e., enforceable) obligations arise from agreements on games or bets only in cases expressly provided for by law. These include obligations involving persons who took part in games or bets under the influence of deception, violence, threat or malicious agreement of their representative with the organizer of games or bets (Article 1062 of the Civil Code), as well as obligations arising from state-sanctioned (licensed) gambling games or bets (Article 1063 of the Civil Code). In all other cases, contracts on games or bets give rise only to natural obligations, deprived of judicial protection.

The aleatory nature of contracts for games or bets makes it easy to distinguish them from other civil contracts that are not risky. Thus, a public promise of a reward or an announcement of a competition is either not at all associated with the occurrence of a random condition, or does not imply the possibility of losses in the participant’s property. Games and bets can be distinguished from other risky transactions (insurance, annuities, futures exchange transactions) based on the content of the corresponding obligations. In an insurance contract, this is an obligation to compensate for losses caused by the occurrence of insured event. Exchange transactions, despite their speculative nature, are based on the obligation to transfer property (securities or exchange commodities) or rights to it.

Elements of a gaming or betting agreement. The parties to the agreement to conduct a game or bet are the organizer and the participant (player). Strictly speaking, every agreement to conduct a game or bet always involves two players, regardless of how many persons take part in the game process itself. So, when playing roulette, there are usually several (sometimes up to a dozen) people at the gaming table. But each of them is bound by an agreement only with the croupier who organizes the game. Gambling rules usually do not provide for any mutual obligations of players (except for the obligations of the game organizer) to each other. That is why an agreement to conduct games or bets is always concluded with the participation of a special kind of player - the organizer of the game (Clause 1 of Article 1063 of the Civil Code).

In accordance with paragraph 1 of Art. 1063 of the Civil Code, the organizer of gambling or betting can be the Russian Federation, its constituent entities, municipalities, as well as entrepreneurs (individual or collective) who have received an appropriate license from an authorized state or municipal body. A player (bet participant) can be any legally capable individual.

In most cases, the organizer participates in the game or bet on equal terms with other players, i.e. just like them, he risks losing. The term “organizer of a game or bet” does not speak about the special position of this person in the obligation of the contract, but about the specifics of his entrepreneurial activity. Unlike an ordinary player, the organizer has the right to maintain a gambling establishment (casino, betting shop, bookmaker's office, slot machine hall, etc.) and engage in gambling business. Any activity of organizing games or betting carried out by private individuals is subject to mandatory licensing.

The subject of the contract for conducting games or betting is winning, or more precisely, the possibility (chances) of receiving it. As in all other civil law contracts, the subject - the size and procedure for determining the winnings - is an essential condition of the contract.

The amount a player risks to win, i.e. pays for the opportunity to win, is the price of this contract and is most often called a bet. It is not one of the essential terms of the contract and, therefore, can be determined according to the rules of paragraph 3 of Art. 424 Civil Code.

In contrast, the term of the gaming or betting agreement is always of significant importance. If it is not agreed upon by the parties, the contract is considered not concluded. However, only the duration of the game or bet is significant, but not the payment of winnings. The latter may not be agreed upon by the parties, and in this case it is equal to 10 days from the moment of summing up the results of the games (clause 4 of Article 1063 of the Civil Code). In most cases, the timing of a particular game or bet is determined by its nature. Thus, having agreed to play roulette, the parties automatically agree that the game will begin immediately after the end of the bets and end when the roulette wheel stops. Thus, by agreeing on the subject of the contract, the parties often predetermine its duration.

The form of an agreement to conduct games or bets is subject to the general rules of civil law on the form of transactions. At the same time, the Civil Code proceeds from the fact that issuing a lottery ticket, receipt or other document to a player in cases where this is provided for by the rules for organizing games or betting is the appropriate way to formalize the agreement (clause 2 of Article 1063 of the Civil Code). Of course lottery ticket or a similar document are not identical to the written form of the transaction. But in this case, failure to comply with the mandatory written form of the contract is not considered legal significance.

The main responsibilities of the organizer of the bet are to determine the winner of the dispute, count the winnings due to him and pay the latter. If the organizer’s prediction comes true, he has the right to take over the bet made by the losing player. Since the betting agreement is real and unilateral, the player does not bear any obligations to the organizer. In case of victory, the player has the right to demand payment of his winnings in the amount and form (cash or in kind) that were provided for by the betting rules.

To determine the winner of a gambling game (in the narrow sense of the word), it is necessary to draw the prize fund with the participation of the player. Accordingly, the obligation of both parties to the contract is to perform the actual actions necessary for this. In this case, both parties are obliged to play according to the agreed rules. Otherwise, it should be considered that the violator of the rules of the game, through his actions, unfairly contributed to (or, conversely, prevented) the occurrence of the condition of the transaction (the condition for determining the winner). The one who breaks the rules loses the game, and his opponent gets all the winnings. If a participant, and not the organizer, wins the game, the latter becomes obligated to pay him the winnings, similar to the obligation from a bet. Conversely, if a participant loses, the game organizer purchases his bet.

Responsibility of the parties for violation of agreements on gaming or betting. Liability in this case is based on the standard model of contractual civil liability (Chapter 25 of the Civil Code).

The organizer of a game or bet who has not paid the winnings due to the participant is obliged to compensate him for the losses caused by this in full (i.e., including lost profits). In addition, the participant retains the right to demand payment of the winnings themselves (clause 5 of Article 1063 of the Civil Code). Of course, the player cannot recover the winnings due to him twice: the first time - in the form of lost profits, and the second - as the actual winnings. Obviously, this rule makes sense in cases where the winnings must be given out in kind (material) form.

Violation of the terms of the gambling agreement is possible even before the corresponding obligation arises. Thus, the organizer can simply refuse to hold the game within the period established by the contract (cancel the game or postpone it to a later time). In this case, para. 2 p. 3 art. 1063 of the Civil Code obliges the organizer to compensate only the actual damage caused to the player. The motivation for such a legislative decision is obvious. Without holding a prize fund drawing, as a rule, it is impossible to determine the amount of winnings (lost profits). In addition, it would be clearly unfair to impose on the organizer of games the obligation to compensate for the player’s lost profits when the organizer obviously had no chance of winning (since the game was not played).

Section I Introduction to Civil Law
Concept of civil law
- Concept, subject and methods of civil law
- Principles of civil law
- Sources of civil law. Effect of normative legal acts in time, space and circle of persons
- Civil law system
- Civil law as a science and academic discipline
Section II civil legal relations
Concept, content and types civil legal relations
- Concept and signs of civil legal relations
- Contents of civil legal relations
- Types of civil legal relations
Subjects of civil legal relations
- Citizens (individuals) as subjects of civil legal relations
  - Civil legal capacity and legal personality
  - Civil capacity. Subjective right and legal obligation
  - Guardianship and guardianship. Patronage
  - Citizen's name and place of residence
  - Recognition of a citizen as missing. Declaring a citizen dead
  - Civil status acts
- Legal entities as subjects of civil legal relations
  - Formation, reorganization and termination of activities of a legal entity
  - Bankruptcy (insolvency) of a legal entity
  - Types of legal entities
  - Russian Federation, constituent entities of the Russian Federation, municipalities as subjects of civil law
Objects of civil rights
- The concept of the object of civil rights. Classification of things
- Money and securities
  - results creative activity. Information. Results of work and services. Intangible benefits
Grounds for the emergence, change and termination of civil legal relations
- Concept of legal facts
- Types and classification of legal facts
- Concept, types and form of transactions
- Conditions for the validity of transactions. Concept and types of invalid transactions
Exercise and protection of civil rights
- Exercise of civil rights and fulfillment of duties
- Civil rights protection
Representation
- Concept and types of representation
- Power of attorney. Types of powers of attorney
Deadlines in civil law. Limitation of actions
- Concept and types of deadlines
- Expiration of limitation periods
Section III Ownership and other real rights
Property law and property rights
- The concept of property rights
- General provisions on property rights. Forms of ownership and forms of ownership
- Contents of property rights
- Acquisition and termination of ownership
- Features of the content of property rights of various subjects of civil rights
  - Ownership of legal entities
  - The right of state and municipal property
- Common property right
- Property rights of persons who are not owners. The right of economic management and the right of operational management. Easements
- Protection of property rights and other proprietary rights
- Ownership and other real rights to land
- Ownership and other proprietary rights to residential premises
Section IV Intellectual Property Rights
The right to the results of intellectual activity and means of individualization
- General provisions on intellectual rights and intellectual property
  - Exclusive rights to the results of intellectual activity
  - Civil legal methods of protecting intellectual rights
  - Copyright
  - The concept and content of rights related to copyright (related rights)
  - Patent Law
  - Right to selection achievement
  - Right to integrated circuit topologies
  - The right to a production secret (know-how)
  - The right to means of individualization of legal entities, goods, works, services and enterprises
  - The right to use the results of intellectual activity as part of a unified technology
Section V Law of Obligations. General provisions
Concept and types of obligations. Execution of obligations
- Concept and grounds for the emergence of obligations
- Parties to the obligation
- Types of obligations
- Concept and principles of fulfillment of obligations
- Proper fulfillment of obligations
Ensuring the fulfillment of obligations
- The concept and system of ways to ensure the fulfillment of obligations
- Penalty
- Pledge
- Hold
- Surety
- Bank guarantee
- Deposit
Change of persons in an obligation
- Transfer of creditor's rights to another person
- Debt transfer
Liability for breach of obligations
- Concept, forms and types of civil liability
- Conditions of civil liability for violation of obligations
- Grounds for exemption from civil liability
- Amount of civil liability
Termination of obligations
- Concept and grounds for termination of obligations
- Methods for terminating obligations
General provisions of the contract
- The concept and meaning of the contract
- Contents and form of the agreement
- Classification of contracts
- Conclusion of an agreement
- Change and termination of the contract
Certain types of obligations
Purchase and sale. Mena
- General provisions on the purchase and sale agreement
- Rights and obligations of the parties
- Execution of the purchase and sale agreement and liability of the parties for its non-fulfillment
- Retail purchase and sale
- Goods supply
- Supply of goods for government and municipal needs
- Contracting
- Energy supply
- Property For Sale
- Sale of the enterprise
- Mena
Donation
Annuity and life support with dependents
- General provisions on annuity
- Types of annuity
Transfer of property for temporary use
- General rental provisions
- Certain types of rentals and rentals individual species property
- Renting residential premises
- Free use
Contract
- General provisions on contracts
- Types of contract
Carrying out research, development and technological work
Paid provision of services
Transportation and transport expedition
- Concept and types of transport
- Forms of organization and types of contract for the carriage of goods
Loan and credit
- The concept of credit and settlement legal relations
- Loan
- Credit. Commodity and commercial loans
- Financing agreement for assignment of monetary claim
Treaties bank deposit and bank account
- Bank deposit agreement
- Bank account agreement
Settlement obligations
- General provisions on calculations
- Settlements by payment orders
- Settlements under a letter of credit
- Payments for collection
- Payments by checks. Bill of exchange
- Storage in a warehouse
- Special types of storage
Insurance
- General provisions on insurance
- Insurance contract
- Types and forms of insurance
Assignment. Acting in someone else's interest
- Order
- Acting in someone else's interest without instructions
Commission. Agency
- Commission agreement
- Agency contract
Trust property management
Commercial concession
Simple partnership
Public promise of reward. Public competition. Games and betting
- Public promise of reward
- Public competition
- Games and betting
Liabilities arising from causing harm
- General provisions on compensation for harm. Certain types of liability
- Compensation for harm caused to the life and health of a citizen, or due to defects in goods, works or services. Compensation for moral damage
Liabilities due to unjust enrichment
Section VII Inheritance Law
Inheritance law
- General provisions on inheritance
- Inheritance by will
- Inheritance by law
- Acquiring an inheritance
- Inheritance of certain types of property
Section VIII Private International Law
International private law
- Concept, sources and norms of private international law
- Legal status of individuals in private international law
- Legal status of legal entities in private international law
- General principles of application of law
- Ownership
- Foreign economic transactions
- Consideration of disputes in arbitration

Games and betting

In recent years in the Russian Federation there has been a noticeable increase in the number of games, bets and especially gaming establishments (casinos, gaming bars, computer gaming halls, etc.), where games and bets are often of a gambling nature and act as a source of enrichment for others and a cause of ruin and impoverishment others. The state cannot be indifferent to these phenomena. It is no coincidence that casinos, gaming halls, etc. are now moved outside the capital and large cities and special zones are allocated for them... However, the number of gambling and betting has not decreased because of this, they operate illegally in large cities, under other signs. Unfortunately, not all of them now fall within the scope of legal regulation, although some of them, classified as gambling, are regulated by Chapter. 58 Civil Code of the Russian Federation.

“Conducting games and betting”, others, with property winnings, but not gambling in the strict sense of the word, actions are regulated by Ch. 57 Civil Code of the Russian Federation. All other gaming activities of a person are legally indifferent.

Russian legislation, unfortunately, does not contain a detailed concept of gambling, so its content must be established through interpretation. Law is only interested in those games that involve the possibility of winning or losing. The game itself, as a process of pastime, which is not followed by summing up or announcing the result, has no legal purpose. But not every win (loss) moves the game into the realm of legal regulation. Thus, awarding a medal to the winner of a sports competition does not provide grounds for qualifying the corresponding game as gambling under Art. 1062 of the Civil Code of the Russian Federation. In this case, only a gain of a property nature (monetary or clothing) has legal significance, while a medal is only a symbol of victory, but not its monetary equivalent. Along with the chance to win in the game, there must be a risk of loss (and of a property nature). Finally, the most important feature of gambling is the unpredictability of the result, its random nature. The outcome of a game of chess or checkers depends entirely on the skill of the players. Due to the fact that all the initial game data (arrangement of pieces) is known to the participants, the role of chance here is minimized, so even playing chess for money is not gambling within the meaning of Art. 1062 of the Civil Code of the Russian Federation.

From the point of view of the level of influence of chance on the outcome of the game, all games are classified into prestigious, commercial and gambling. Prestige games are those that are usually sports competitions, the result mainly depends on the skills, abilities and other personal qualities of the players. The rules of commercial games, for example, preference or bridge, already introduce a significant element of chance into the game (card layout). But an equally important role is given to the skills of the players themselves: combinatorial abilities, memory, etc. Only in gambling is the influence of chance great, and here the personal qualities of the players are practically unable to influence the result.

Gambling is an agreement, the only basis of which is the possibility of one of the participants acquiring property benefits (winnings) at the expense of another participant upon the occurrence of random conditions determined by the rules.

Depending on whether players participate in the process of determining the winner, that is, whether the winning procedure is carried out or not, gambling is divided into betting and gambling itself (in the narrow sense of the word). A bet is an event on the basis of which one of the participants claims the existence (in the past or future) of a certain circumstance, and the other denies it, while the winner is the one of the disputants whose prediction turns out to be correct. Once the betting agreement is concluded, the winning party is determined automatically, depending on whether the disputed event occurred or not. If, to determine the winner, an additional procedure is required - drawing, i.e. a sequence of actions determined by the rules (for example, card moves) of participants, then this is not a bet, but a game of chance in the narrow sense of the word.

In addition, bets are classified into two types - betting and bookmaker bets - depending on the method of determining the amount of winnings. In a bookmaker's bet (for example, roulette or a cash lottery), the winning amount is fixed and does not depend on the number of players, the amount of bets made or the number of winners. The larger the prize pool, the higher the winning bet amount, and the lower the probability of winning, the greater the winnings in betting (for example, at horse races or races).

An agreement to conduct games or bets is usually interpreted as real, i.e. it is considered concluded from the moment when the players made their bets and formed the prize fund (“bank”). This scheme is convenient for the organizer of the games, because if he wins, he does not need to force the loser to pay the debt. However, nothing prevents the conclusion of a consensual agreement on the conduct of games or bets, if the rules of the game allow it.

The agreement to conduct a game is also considered compensated, since the property provision of one party (the player’s bet) corresponds to a counter provision of chances of winning from the game organizer. It is clear that the probability of winning is not always translated into reality, and it can be calculated in monetary terms and is also of a property nature.

Games and bets are risky. These are agreements in which one of the parties (the organizer) does not directly participate in the game and, therefore, does not risk their property; they are not agreements on gambling or betting. In such cases, we may be talking about a service agreement (for organizing a game), a rental agreement (for gaming equipment or space) or another transaction.

An agreement to conduct games or bets does not in itself give rise to obligatory relations between the parties. After all, an obligation is a legal relationship that mediates the commodity movement of material goods from one person to another. And immediately after the conclusion of an agreement, there is no question of transferring material goods; it is unknown which of the participants will acquire property under the agreement and who will lose. Due to the fact that this agreement is always a conditional transaction, it is the occurrence of the condition provided for by the agreement that gives rise to the corresponding obligation. Hence, the obligation to pay the winnings arises on the basis of a complex legal structure, which includes two legal facts: the contract itself and the condition that has occurred. In games, this condition (the victory of one of the players) is realized by performing a sequence of unilateral actions of the players (for example, moves in card games). This probably explains why games and betting are traditionally studied among the obligations of unilateral actions.

According to Art. 426, 1063 Civil Code of the Russian Federation and Art. 2 of the Federal Law of July 31, 1998 No. 142 “On the Tax on Gambling Business,” it can be concluded that the agreement on conducting games or betting is not public. Meanwhile, the agreement in question is an independent type of civil contract and is governed not by the rules on the provision of paid services, but by Art. 1062 and 1063 of the Civil Code of the Russian Federation. At the same time, this agreement in most cases is an agreement of adhesion (Article 428 of the Civil Code of the Russian Federation).

Typically, obligations from contracts for games or bets are in kind. In this regard, obligations that are deprived of enforceable protection will be called natural, i.e. those in which the rights of the creditor are protected not by their own claim, but by refusal to satisfy the debtor. These are, for example, obligations with an expired statute of limitations (if the debtor declared the application of the statute of limitations and the court did not restore the missed period). After the expiration of the limitation period, the creditor can no longer demand the forced exercise of his right through legal proceedings. But if the former debtor, after the expiration of the limitation period, voluntarily fulfills such a natural obligation (regardless of the motives for the action), then subsequently he will no longer be able to demand the return transfer of the property given to the creditor. After all, fulfillment of a natural obligation is not considered fulfillment of an undue obligation and can be withheld by the creditor.

In the obligations under consideration, the winning party, as a general rule, cannot demand payment of the winnings through the court, as stated in Art. 1062 of the Civil Code of the Russian Federation, which deprives claims based on games or bets from judicial protection. However, if the debtor voluntarily pays his debt and then demands the return of what was paid, he also, on the basis of Art. 1062 of the Civil Code of the Russian Federation, the claims will be denied. The creditor will be recognized with the right to retain the winnings. But the law in regulating natural obligations is limited to this only.

Legally significant obligations arise from the contracts in question only in cases expressly provided for by law. These include obligations involving persons who took part in games or bets under the influence of deception, violence, threat or malicious agreement of their representative with the organizer of games or bets (Article 1062 of the Civil Code of the Russian Federation), and obligations that arise from state-authorized (licensed) ) gambling or betting (Article 1063 of the Civil Code of the Russian Federation). In all other cases, gaming or betting agreements give rise only to natural obligations, and they are deprived of judicial protection.

The parties to the agreement to conduct a game or bet are the organizer and the participant (player). According to paragraph 1 of Art. 1062 of the Civil Code of the Russian Federation, the organizer of gambling or betting can be the Russian Federation, its constituent entities, municipalities, as well as entrepreneurs (individual or collective) who have received an appropriate license from an authorized state or municipal body. A player (bet participant) can be any legally capable individual.

As in all other civil law contracts, the subject - the size and procedure for determining the winnings - is an essential condition of the contract.

The amount that the player risks to win is the price of this contract and is most often called the bet. However, it is not one of the essential terms of the contract (clause 3 of Article 424 of the Civil Code of the Russian Federation).

The term of the gaming or betting agreement is always of significant importance. If it is not agreed upon by the parties, the contract is considered not concluded. But only the duration of the game or bet is significant, but not the payment of winnings. The latter may not be agreed upon by the parties, in which case it is equal to 10 days from the moment of summing up the results of the games (clause 4 of Article 1063 of the Civil Code of the Russian Federation). Typically, the timing of a particular game or bet is determined by its nature. Thus, having agreed to play roulette, the parties agree that the game will begin immediately after the end of the bets and will end when the roulette wheel stops. When agreeing on the subject of the contract, the parties often predetermine its duration.

The form of the contract in question is subject to the general rules of civil law on the form of transactions. The Civil Code of the Russian Federation proceeds from the fact that issuing a lottery ticket, receipt or other document to a player in cases where this is provided for by the rules for organizing games or betting is a way of formalizing an agreement (clause 2 of Article 1063 of the Civil Code of the Russian Federation). Of course, a lottery ticket or similar document is not the same as a written transaction. In this case, non-compliance with the mandatory written form of the contract is not given legal significance.

The main responsibilities of the betting organizer are to determine the winner of the dispute, calculate the winnings due to him and pay the latter. If the organizer’s prediction comes true, then he can take over the bet made by the losing player, due to the fact that the player does not bear any obligations to the organizer. In case of victory, the player has the right to demand payment of his winnings in the amount and form (cash or in kind) that were provided for by the betting rules.

To determine the winner of a gambling game, it is necessary to draw the prize fund with the participation of the player. The obligation of both parties to the contract is to perform the actual actions necessary for this. Both parties are obliged to play according to the agreed rules, otherwise it should be considered that the violator of the rules of the game, through his actions, unfairly contributed to (or, conversely, prevented) the occurrence of the terms of the deal (the conditions for determining the winner). The one who breaks the rules loses the game, and his opponent gets all the winnings. If a participant, and not the organizer, wins the game, the latter becomes obligated to pay him the winnings, similar to the obligation from a bet. Conversely, if a participant loses, the game organizer purchases his bet.

According to ch. 25 of the Civil Code of the Russian Federation, liability in this case is based on the standard scheme of civil liability.

The organizer of a game or bet who has not paid the winnings due to the participant is obliged to compensate him for the losses caused by this in full. In addition, the participant retains the right to demand payment of the winnings themselves (clause 5 of Article 1063 of the Civil Code of the Russian Federation). The player cannot recover the winnings due to him twice: the first time - in the form of lost profits, and the second - as the actual winnings. And this rule makes sense in cases where the winnings must be given out in kind (material) form.

Violation of the terms of the gambling agreement is possible even before the corresponding obligation arises. If the organizer can refuse to hold a game within the period established by the contract (cancel the game, postpone, etc.), in this case the law (Article 1063 of the Civil Code of the Russian Federation) obliges him to compensate only for the actual damage caused to the player. It is impossible to impose on the organizer of games the obligation to compensate for the loss of profit by the player when the organizer obviously had no chance of winning (if the game was not played).

Game rules and betting plan. Concept and types of games and betting

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