home-Suits-Legislative framework of the Russian Federation. Federal law of the Russian Federation Bypassing the law on lotteries

Legislative framework of the Russian Federation. Federal law of the Russian Federation Bypassing the law on lotteries

Good afternoon.

Conducting Internet lotteries, as well as other organization of online gambling, is illegal.

So, by virtue of Art. 6.1 Federal Law of November 11, 2003 N 138-FZ “On Lotteries”

4. It is not allowed to conduct lotteries using the Internet and other means of communication, as well as lottery terminals, with the exception of lotteries specified in Part 4 of Article 3 of this Federal Law.

Art. 5 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”

3. Activities related to the organization and conduct of gambling using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, are prohibited, except for the cases provided for by this Federal Law.

Failure to comply with these restrictions entails the risk of liability.

According to Art. 14.1.1 Code of Administrative Offenses of the Russian Federation

1. Illegal organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, or without receiving in accordance with the established procedure, permission to carry out activities related to the organization and conduct of gambling in a gambling zone - entails the imposition of an administrative fine on legal entities in the amount of seven hundred thousand to one million rubles with confiscation of gaming equipment.
2. Carrying out activities to organize and conduct gambling in bookmakers and betting shops without a license - entails the imposition of an administrative fine on citizens in the amount of two thousand to four thousand rubles with confiscation of gaming equipment; for officials - from thirty thousand to fifty thousand rubles with confiscation of gaming equipment; for legal entities - from five hundred thousand to one million rubles with confiscation of gaming equipment.
3. Carrying out activities for organizing and conducting gambling in a gambling zone in violation of the conditions provided for by the permit for carrying out activities for organizing and conducting gambling in a gambling zone, or carrying out activities for organizing and conducting gambling in bookmakers and sweepstakes in violation of the conditions, provided for by the license - entails the imposition of an administrative fine on legal entities in the amount of three hundred thousand to five hundred thousand rubles.
4. Carrying out activities related to the organization and conduct of gambling in bookmakers and sweepstakes in gross violation of the conditions stipulated by the license - entails the imposition of an administrative fine on legal entities in the amount of five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.

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

Description of 138 Federal Law

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

Summary of the Federal Law:

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

Last changes

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

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

Below are the main articles of the Federal Law:

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

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

  • circulation;
  • Uncirculated.

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

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

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

Article 6.1

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

Article 10 describes lottery regulations.

The standards include:

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

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

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

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

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

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

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

Download the current version of the law on lotteries

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

In almost all European countries, only state lotteries operate. Although operators can be private companies operating under a license.

Global practice has proven: there are no losers in state lotteries. All sides win. State: the country's budget regularly receives funds from the sale of lottery tickets. Participants: lottery money goes to socially important projects - medicine, education, culture, sports. And finally, there are lottery winners who are guaranteed to receive a prize.

July 1, 2014 was a historic day for domestic lotteries. From this date, all non-state lotteries ceased to exist. Now lottery draws in Russia take place only under the auspices of the state. This guarantees each participant timely payment of winnings and protection from unscrupulous entrepreneurs and scammers.

Basic provisions of Law No. 138-FZ “On Lotteries”

Types of lotteries in Russia

International
A lottery that is held on the territory of two or more states, including the territory of the Russian Federation, on the basis of an international treaty. Currently, there are no existing agreements on holding an international lottery on the territory of the Russian Federation.

All-Russian State Lottery
A lottery that is held throughout the Russian Federation. The organizer of the All-Russian state lottery can only be a federal executive body authorized by the Government of the Russian Federation.

Draw lottery
A lottery in which the drawing of the lottery prize fund between all lottery participants is carried out at the same time after the distribution of lottery tickets, electronic lottery tickets, lottery receipts. Conducting such a lottery may include separate draws. To determine the winning lottery combination during the drawing of the lottery prize pool, it is not allowed to use more than one piece of lottery equipment at a time.

No-draw lottery
A lottery in which information allowing to determine winnings is included in lottery tickets, electronic lottery tickets at the stage of their production. When conducting a non-draw lottery, the lottery participant immediately after paying the fee, receiving a lottery ticket, electronic lottery ticket and identifying hidden inscriptions, drawings, numbers or symbols on the lottery ticket learns about the presence and size of the winnings or about its absence.

Organization and holding of lotteries

The holding of a lottery means:
. provision of services for the implementation of activities, including the distribution (sale, accounting) of lottery tickets, electronic lottery tickets and accounting of lottery receipts;
. concluding agreements with manufacturers of lottery tickets, manufacturers of lottery equipment and lottery terminals, distributors and (or) other agreements necessary for conducting the lottery;
. concluding agreements with lottery participants, including accepting and recording lottery bets;
. lottery prize fund drawing;
. examination of winning lottery tickets, electronic lottery tickets and lottery receipts;
. payment, transfer or provision of winnings to lottery participants.

Organizer of the All-Russian State Lottery

The organization of a lottery means the implementation of the following activities:
. holding a competition to select a lottery operator;
. concluding a contract with the lottery operator;
. approval of lottery conditions.

The organizers of lotteries based on the decision of the Government of the Russian Federation are only:
. federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of physical culture and sports ( Ministry of Sports of the Russian Federation);
. federal executive body that carries out the functions of developing state policy and legal regulation in the field of budgetary activities ( Ministry of Finance of the Russian Federation).

The lottery organizer conducts the lottery through the lottery operator by concluding a contract with him. The contract is concluded based on the results of an open competition held by the organizer in accordance with the requirements of the Law “On Lotteries”.

Operator of the All-Russian State Lottery
A lottery operator is a legal entity registered in accordance with the legislation of the Russian Federation and which has entered into a contract with the lottery organizer to conduct a lottery in accordance with the Law “On Lotteries”.

Distributor of the All-Russian State Lottery
Distributor - a person who has entered into an agreement for the distribution (sale, issue) of lottery tickets, lottery receipts, electronic lottery tickets, acceptance of lottery bets among lottery participants, payment, transfer or provision of winnings to lottery participants.

Distributors can freely involve other persons in the distribution of lottery tickets, who will also be recognized as distributors.

Lottery standards

. prize fund size lottery must be at least 50% of the proceeds from its holding.
. amount of target contributions is 10% of the difference between the operator’s revenue from lotteries for the reporting quarter and the amount of winnings paid by him for the reporting quarter. Transfer of target contributions is carried out quarterly;
. operator's obligations to pay target royalties from holding the lottery in the amount stipulated by the contract are secured by an irrevocable bank guarantee.

Additional requirements for the lottery are:

Carrying out the drawing of the prize pool of the lottery no more than once every 15 minutes;
. in a non-draw lottery, payment, transfer or provision of winnings in the amount of up to 1000 rubles inclusive must be carried out at the time the winning lottery ticket is determined and presented to the distributor. Winnings worth more than the specified amount are paid by the lottery operator to the participant no later than 30 days after presentation of the winning lottery ticket.
. The lottery period is 15 years with the possibility of its extension by the Government of the Russian Federation. The start of the lottery is the date of the decision by the Government of the Russian Federation to hold the lottery.

Agreement for participation in the lottery

The agreement for participation in the lottery is concluded between the operator (formerly the organizer) and the participant and is formalized by issuing (providing):
. lottery ticket;
. lottery receipt;
. electronic lottery ticket.

At the same time, the legislator determined that Only a person who has reached the age of 18 can enter into an agreement with the operator to participate in the lottery.

Lottery ticket
A lottery ticket is a document certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant.
The lottery ticket must contain the lottery combination applied (introduced) at the stage of its production (creation) and (or) by the lottery participant.

According to the law, printed products protected from counterfeiting are only lottery tickets used in non-draw lotteries.

Lottery receipt
Lottery receipt is a fiscal document issued by a lottery terminal, certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant.
The lottery receipt must also contain the lottery combination applied (entered) at the stage of its production (creation).
The fundamental difference between a lottery receipt from a lottery ticket is that a lottery receipt issued by the lottery terminal.
At the same time, the legislator gives a precise definition of the concept of “lottery terminal” and sets out the requirements that it must meet.

Lottery terminal
Lottery terminal is a technical device designed for accepting lottery bets (entering or selecting lottery combinations), issuing lottery receipts and used in conducting draw lotteries.
The lottery terminal can be used to issue receipts exclusively draw lotteries.
Lottery terminals should not contain hidden (undeclared) capabilities, information arrays, components or assemblies that are inaccessible for verification.
Lottery terminals must ensure the protection of information from loss, theft, distortion, forgery, unauthorized actions for its destruction, modification, copying and similar actions, as well as from unauthorized access to the Internet.

Electronic lottery ticket
Electronic lottery ticket - an electronic document certifying the right to participate in the lottery, confirming the conclusion of an agreement between the operator and the participant, containing protected information about the registered lottery bet (lottery bets), located in the lottery information processing center and allowing identification of the participant who paid the lottery bet (lottery bets). rates) in the manner established by the conditions of the lottery, taking into account the requirements of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”. The electronic lottery ticket must also contain the lottery combination applied (entered) at the stage of its production (creation) and (or) by the lottery participant.

Article 1. Subject of regulation of this Federal Law

This Federal Law defines the legal basis for state regulation of relations arising in the field of organization and conduct of lotteries, including the types and purposes of lotteries, the procedure for their organization and conduct on the territory of the Russian Federation, establishes mandatory standards for lotteries, the procedure for monitoring their organization and conduct , as well as the responsibility of persons involved in the organization and conduct of lotteries.

Article 2. Basic concepts

This Federal Law uses the following basic concepts:

1) lottery - a game that is held in accordance with the agreement and in which one party (the lottery operator) draws the lottery prize fund, and the second party (the lottery participant) receives the right to win if it is recognized as a winner in accordance with the terms of the lottery. The agreement between the lottery operator and the lottery participant is concluded on a voluntary basis and is formalized by issuing a lottery ticket, lottery receipt or electronic lottery ticket. The lottery ticket, lottery receipt, electronic lottery ticket must contain the lottery combination applied (entered) at the stage of production (creation) of the corresponding document and (or) by the lottery participant;

2) winnings - part of the lottery prize fund, determined in accordance with the conditions of the lottery, paid in cash to the lottery participant, transferred (in kind) into ownership or provided to the lottery participant recognized as a winner in accordance with the conditions of the lottery;

3) lottery prize fund - a set of funds, other property or services intended for payment, transfer or provision of winnings in accordance with the terms of the lottery;

4) drawing the prize fund of a lottery lottery - a procedure that is carried out by a lottery operator using lottery equipment and is based on the principle of randomly determining winnings to be paid, transferred or provided to the winning lottery participants in accordance with the conditions of the lottery;

5) lottery ticket - a document certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant;

5.1) lottery receipt - a fiscal document issued by a lottery terminal, certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant;

5.2) electronic lottery ticket - an electronic document certifying the right to participate in the lottery, confirming the conclusion of an agreement between the lottery operator and the lottery participant, containing protected information about the registered lottery bet (lottery bets), located in the lottery information processing center and allowing identification of the lottery participant, who paid the lottery bet (lottery bets) in the manner established by the terms of the lottery, taking into account the requirements of the Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection”;

6) lottery organizer - a federal executive body authorized by the Government of the Russian Federation in the prescribed manner to conduct a lottery. The lottery organizer conducts the lottery through the lottery operator by concluding a contract with him;

7) organization of a lottery - implementation of activities, including holding a competition to select a lottery operator, concluding a contract with the lottery operator, approving the conditions of the lottery;

8) conducting a lottery - the provision of services for the implementation of activities, including the distribution (sale, accounting) of lottery tickets, electronic lottery tickets, accounting of lottery receipts, concluding agreements with the manufacturer of lottery tickets, the manufacturer of lottery equipment, lottery terminals, distributors and (or) other agreements necessary for conducting the lottery, concluding agreements with lottery participants, including the acceptance and accounting of lottery bets, drawing the lottery prize fund, examination of winning lottery tickets, lottery receipts, electronic lottery tickets, payment, transfer or provision of winnings to lottery participants;

9) lottery operator - a legal entity registered in accordance with the legislation of the Russian Federation and which has entered into a contract with the lottery organizer to conduct the lottery in accordance with this Federal Law;

10) distributor - a person who has entered into an agreement for the distribution (sale, issue) of lottery tickets, lottery receipts, electronic lottery tickets, acceptance of lottery bets among lottery participants, payment, transfer or provision of winnings to lottery participants;

11) lottery participant - a person who has reached the age of eighteen years and has the right to participate in the drawing of the lottery prize fund on the basis of an agreement concluded with the lottery operator;

12) revenue from a lottery - funds received from the sale of lottery tickets, acceptance of lottery bets for a specific lottery;

13) targeted deductions from the lottery - part of the proceeds from the lottery allocated for the purposes specified by this Federal Law;

14) lottery equipment - a device (random number generator, mechanical, electrical, electronic or other technical device) used to determine the winning lottery combination (winning lottery combinations) of a draw lottery;

15) lottery bet - the price of one paid lottery combination. Acceptance of a lottery bet (lottery bets) is confirmed by issuing a lottery ticket, a lottery receipt to the lottery participant, sending an information message to the lottery participant about the acceptance of the lottery bet (lottery bets) and registration of an electronic lottery ticket;

6. 416-FZ

7. Lost force in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ

8. Lost force in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ

Article 4. Goals and methods of regulating relations arising in the field of organizing lotteries and conducting lotteries

1. The state regulation of relations arising in the field of organizing lotteries and conducting lotteries carried out by the Russian Federation includes:

1) adoption by the Government of the Russian Federation of decisions on holding lotteries;

2) lost force in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ

Federal Law of the Russian Federation of November 11, 2003 No. 138-FZ
"About lotteries"

About the document

Publishing a document

Collection of Legislation of the Russian Federation, November 17, 2003, No. 46 (Part I), Art. 4434.

Federal Law of November 11, 2003 N 138-FZ (as amended on July 26, 2019) On lotteries

State Duma

Federation Council

2. Regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that were in force on the territory of the Russian Federation before the entry into force of this Federal Law are applied to the extent that does not contradict this Federal Law. The specified regulatory legal acts are subject to being brought into compliance with this Federal Law within three months from the date of its official publication.

Permissions to organize and conduct lotteries issued by a federal executive body authorized by the Government of the Russian Federation, government bodies of constituent entities of the Russian Federation or local government bodies before the entry into force of this Federal Law shall become invalid after their expiration.

Resolution of December 24, 2018 in case No. A32-10036/2018

Arbitration Court of the North Caucasus District (FAS North Caucasus)

Resolution of December 13, 2018 in case No. A15-1273/2018

Sixteenth Arbitration Court of Appeal (16 AAC)

Decision of November 28, 2018 in case No. 2-1732/2018

Dzerzhinsky District Court of Nizhny Tagil (Sverdlovsk Region) - Civil and administrative



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