Legislative framework of the Russian Federation. Legal basis for organizing and conducting a lottery What is meant by a lottery

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

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

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

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

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

Download the text of the Federal Law

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

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

Changes to Federal Law 138 “On Lotteries”

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

Previously, they avoided concluding contracts for holding lotteries;

Lottery contracts with these organizations were terminated by court decisions;

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

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

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

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

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

Valid Editorial from 18.07.2011

Name of documentFEDERAL LAW of November 11, 2003 N 138-FZ (as amended on July 18, 2011) “ON LOTTERIES”
Document typelaw
Receiving authorityPresident of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation
Document Number138-FZ
Acceptance date01.01.2004
Revision date18.07.2011
Date of registration with the Ministry of Justice01.01.1970
Statusvalid
Publication
  • The document was not published in this form
  • Document in electronic form FAPSI, STC "System"
  • (as amended on November 11, 2003 - "Parliamentary Newspaper", N 212, November 15, 2003
  • "Rossiyskaya Gazeta", N 234, 11/18/2003
  • "Collection of Legislation of the Russian Federation", N 46, 11/17/2003, art. 4434 (Part 1)
  • "Express-Law", N 48, 2003)
NavigatorNotes

FEDERAL LAW of November 11, 2003 N 138-FZ (as amended on July 18, 2011) “ON LOTTERIES”

6) lottery organizer - the Russian Federation, a subject of the Russian Federation, a municipal entity or a legal entity created in accordance with the legislation of the Russian Federation, located in the Russian Federation and received the right to conduct a lottery in accordance with this Federal Law. The lottery organizer conducts the lottery directly or through the lottery operator by concluding an agreement (contract) with him and is responsible to the lottery participants for the fulfillment of their obligations under the agreement (contract);

7) organization of a lottery - implementation of activities related to obtaining the right to conduct a lottery;

8) holding a lottery - carrying out activities including the conclusion of agreements (contracts) with the lottery operator, manufacturer of lottery tickets, manufacturer of lottery equipment, software products and (or) other agreements (contracts) necessary for conducting the lottery, distribution of lottery tickets and conclusion of agreements with lottery participants, drawing the lottery prize fund, examination of winning lottery tickets, payment, transfer or provision of winnings to lottery participants;

9) lottery operator - a legal entity created in accordance with the legislation of the Russian Federation, located in the Russian Federation, which has entered into an agreement (contract) with the lottery organizer to conduct the lottery on his behalf and on his behalf and has the appropriate technical means;

10) distributor of lottery tickets - a person distributing lottery tickets among lottery participants, accepting lottery bets, paying, transferring or providing winnings on the basis of an agreement concluded with the lottery organizer or lottery operator;

11) lottery participant - a person who has the right to participate in the drawing of the lottery prize fund on the basis of an agreement concluded with the lottery organizer;

12) revenue from a lottery - funds received from the distribution of lottery tickets for a specific lottery;

13) targeted deductions from the lottery - part of the proceeds from the lottery, directed to the purposes specified in articles and this Federal Law in the manner established by these articles;

14) lottery equipment - equipment specially manufactured and used for conducting lotteries, or equipment equipped with lottery programs;

15) lottery bet - paid game combination.

16) annual report on the holding of a lottery - information that the organizer of a non-state lottery, the operator of a state lottery, the operator of a municipal lottery are annually obliged to publish in the media and (or) post on the Internet information and telecommunications network. The composition of information included in the annual report on the lottery and the procedure for its publication are determined by the federal executive body authorized by the Government of the Russian Federation.

1. Types of lotteries held on the territory of the Russian Federation are determined depending on the method of its conduct, the method of forming the prize fund of the lottery, the territory where it is held, the organizer of the lottery and the technology of conducting the lottery.

2. Depending on the method of its holding, the lottery is divided into draw, non-draw and combined.

Draw lottery is 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. The operation of such a lottery may include separate drawings representing the distribution of a batch of lottery tickets, the conduct of a drawing of the lottery prize fund and the payment, transfer or provision of winnings.

A non-draw lottery is a lottery in which winning lottery tickets are determined at the stage of their production, that is, before distribution among lottery participants. When conducting a non-draw lottery, a participant in such a lottery can immediately determine, after paying a fee for participation in the lottery and receiving a lottery ticket, whether his lottery ticket is a winning one or not.

Combined lottery - a lottery in which winning lottery tickets are determined both immediately after paying a fee for participation in the lottery and receiving a lottery ticket, and after the drawing of the lottery prize fund.

3. The lottery, depending on the method of forming its prize fund, is divided into:

1) a lottery, the right to participate in which is associated with the payment of a fee, through which the prize fund of the lottery is formed;

2) a lottery, the right to participate in which is not associated with paying a fee and the prize fund of which is formed at the expense of the lottery organizer (stimulating lottery).

4. Depending on the territory where it is held, the lottery is divided into international, all-Russian, regional and municipal.

An international lottery is a lottery that is held in the territories of two or more states, including the territory of the Russian Federation, on the basis of an international treaty of the Russian Federation. The procedure for conducting an international lottery on the territory of the Russian Federation is determined in accordance with the requirements of this Federal Law.

The All-Russian lottery is a lottery that is held throughout the Russian Federation.

Regional lottery is a lottery that is held on the territory of one constituent entity of the Russian Federation.

The organization and conduct of a lottery in the territories of several constituent entities of the Russian Federation is carried out in the manner established by this Federal Law for conducting an all-Russian lottery.

Municipal lottery is a lottery that is held on the territory of one municipality.

5. Depending on the lottery organizer, the lottery is divided into state and non-state.

State lottery is a lottery organized by the Russian Federation or a constituent entity of the Russian Federation. On behalf of the Russian Federation, the organizer of a state lottery held throughout the entire territory of the Russian Federation can only be a federal executive body authorized by the Government of the Russian Federation. On behalf of a subject of the Russian Federation, the organizer of a state lottery held on the territory of one subject of the Russian Federation can only be an authorized executive body of the subject of the Russian Federation.

The organizer of a non-state lottery can be a municipal entity or a legal entity created in accordance with the legislation of the Russian Federation and located in the Russian Federation. On behalf of a municipal entity, the organizer of a non-state lottery held on the territory of one municipal entity can only be an authorized local government body. A federal executive body or an executive body of a constituent entity of the Russian Federation cannot be the organizer of a non-state lottery.

6. A lottery, depending on the technology of its implementation, is divided into a lottery conducted:

1) in real time, if the agreement on participation in the lottery is concluded by the parties by exchanging documents via electronic or other communication using lottery equipment, which is connected by a telecommunications network, allows one to reliably establish that the document comes from the party to the agreement and with the help of which the prize draw is carried out lottery fund in real time, recording and transmitting information about the results of such a drawing. The specified equipment must ensure protection of such information from loss, theft, distortion, forgery, as well as from unauthorized actions for its destruction, modification, copying and other similar actions and unauthorized access to the telecommunication network;

2) in the usual mode, in which the collection, transmission, processing of game information, formation and drawing of the lottery prize fund are carried out in stages.

7. Conducting a lottery in real time using lottery equipment specified in part 6 of this article is carried out only by the federal executive body authorized by the Government of the Russian Federation throughout the entire territory of the Russian Federation.

8. Conducting incentive lotteries using mechanical, electrical, electronic or other technical devices used to determine winnings, prizes and (or) gifts, including in monetary and in-kind terms, is prohibited.

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

1) issuing permits to conduct international and all-Russian lotteries and conduct lotteries in the territories of several constituent entities of the Russian Federation;

2) maintaining a unified state register of lotteries and a state register of all-Russian lotteries;

2.1) maintaining a unified state register of lottery equipment;

3) publication in the prescribed manner of normative legal acts regulating the organization of lotteries and the conduct of lotteries;

4) federal state supervision over the conduct of lotteries, including the targeted use of proceeds from lotteries;

5) establishing forms and deadlines for submitting reports on lotteries;

6) establishment of mandatory lottery standards;

7) establishing the procedure for taxation of lottery organizers and lottery participants;

8) establishing liability for violation of the legislation of the Russian Federation in the field of organizing lotteries and conducting lotteries.

2. State regulation of relations arising in the field of organizing international and all-Russian lotteries and their conduct, in terms of paragraphs 1-5 of part 1 of this article, as well as methodological support for federal executive authorities and executive authorities of constituent entities of the Russian Federation is carried out by the federal executive authority, authorized by the Government of the Russian Federation.

3. State regulation of relations arising in the field of organizing regional lotteries and their implementation includes:

1) issuing permits to conduct regional lotteries;

2) maintaining the state register of regional lotteries;

3) regional state supervision over the conduct of regional lotteries, including the targeted use of proceeds from lotteries.

4. Regulation of relations arising in the field of organizing regional lotteries and their implementation is carried out by the authorized executive body of the constituent entity of the Russian Federation on the territory of which regional lotteries are supposed to be held, in accordance with the requirements of this Federal Law.

5. Regulation of relations arising in the field of organizing municipal lotteries and their implementation includes:

1) issuing permits to conduct municipal lotteries;

2) maintaining a register of municipal lotteries;

3) municipal control over the conduct of municipal lotteries, including the targeted use of proceeds from lotteries.

6. Regulation of relations arising in the field of organizing municipal lotteries and their implementation is carried out on the basis of a decision of the local government body by the authorized local government body of the municipality on the territory of which municipal lotteries are supposed to be held (hereinafter referred to as the authorized local government body), in accordance with the requirements of this Federal Law.

1. The Unified State Register of Lotteries is maintained by the federal executive body authorized by the Government of the Russian Federation. The Unified State Register of Lotteries contains information about all lotteries held on the territory of the Russian Federation.

The state register of all-Russian lotteries is maintained by the federal executive body authorized by the Government of the Russian Federation.

The state register of regional lotteries is maintained by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the regulatory legal act of the constituent entity of the Russian Federation.

The register of municipal lotteries is maintained by the authorized local government body in the manner established by the regulatory legal act of the local government body.

The unified state register of lottery equipment is maintained by the federal executive body authorized by the Government of the Russian Federation in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of organizing and conducting lotteries. This register contains information about lottery equipment registered in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of organizing and conducting lotteries.

2. When a permit is issued to hold an All-Russian lottery by a federal executive body authorized by the Government of the Russian Federation, each such lottery is assigned a state registration number, which is entered into the state register of All-Russian lotteries.

When a permit to hold a regional lottery is issued by the authorized executive body of a constituent entity of the Russian Federation, each such lottery is assigned a state registration number, which is entered into the state register of regional lotteries.

When a permit to hold a municipal lottery is issued by an authorized local government body, each such lottery is assigned a registration number, which is entered into the register of municipal lotteries.

3. The authorized local government body quarterly submits to the authorized executive body of the constituent entity of the Russian Federation information on municipal lotteries permitted on the territory of the municipality.

The authorized executive body of a constituent entity of the Russian Federation quarterly submits to the federal executive body authorized by the Government of the Russian Federation information on regional and municipal lotteries permitted on the territory of a constituent entity of the Russian Federation for inclusion in the unified state register of lotteries.

4. Responsibility for the reliability of information about municipal lotteries transmitted to the authorized executive body of a constituent entity of the Russian Federation lies with the authorized local government body, which maintains the register of municipal lotteries.

Responsibility for the reliability of information about regional lotteries transmitted to the federal executive body authorized by the Government of the Russian Federation lies with the authorized executive body of the constituent entity of the Russian Federation, which maintains the register of regional lotteries.

1. Permission to conduct a lottery is issued to the applicant by a federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body for a period of no more than five years based on an application for the said permit.

Consideration of the issue of issuing the said permit to the applicant is carried out by a federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body within two months from the date of filing the application for granting the said permit.

2. If the applicant does not submit all the documents provided for by this Federal Law, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body within a month from the date the applicant submits an application for permission to the lottery operator is obliged to request from him the missing documents, which must be submitted to him no later than ten days from the date of receipt of such a request.

3. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body no later than two months from the date of filing the application for permission to conduct a lottery is obliged to issue the applicant the appropriate permission or a reasoned refusal to issue such permission. In this case, these bodies are obliged, no later than three days from the date of adoption of the relevant decision, to send the applicant a notice of the issuance of permission to hold a lottery or of the refusal to issue such permission.

4. A federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body has the right to decide to refuse to issue permission to hold a lottery on one of the following grounds:

1) non-compliance of the documents submitted by the applicant to obtain permission to conduct a lottery with the requirements of this Federal Law;

2) the applicant provides false information;

3) the applicant has debts to pay taxes and fees;

4) initiation of insolvency (bankruptcy) proceedings against the applicant by the arbitration court.

5. The applicant has the right to appeal the decision of a federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body in the manner established by the legislation of the Russian Federation.

6. An application for permission to conduct a lottery is drawn up in any form, but must contain an indication of the period for holding such a lottery and the type of lottery. The following documents must be attached to the application for permission to conduct a specific lottery:

1) conditions of the lottery;

2) standards for the distribution of proceeds from the lottery (in percentage);

3) a layout of a lottery ticket (receipt, other document provided for by the terms of the lottery) with a description of the mandatory requirements for it and, if necessary, ways to protect the lottery ticket from counterfeiting, as well as a description of the hidden inscriptions, drawings or signs applied to it;

4) rules for identifying a lottery ticket when paying out, transferring or providing winnings;

5) a feasibility study for the holding of the lottery for the entire period of its implementation, indicating the sources of financing the costs of organizing the lottery, conducting the lottery and calculating the expected revenue from the holding of the lottery;

6) description and technical characteristics of lottery equipment;

7) duly certified copies of the applicant’s constituent documents;

(as amended by Federal Law dated July 1, 2011 N 169-FZ)

8) the procedure for recording distributed and undistributed lottery tickets;

9) the procedure for returning, storing, destroying or using uncirculated lottery tickets in other circulations;

10) the procedure for confiscating undistributed lottery tickets;

11) the procedure for storing unclaimed winnings and the procedure for claiming them after the deadline for receiving winnings has expired.

Zakonbase: The provisions of Part 6 of Article 6 do not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by executive authorities of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information , at the disposal of state bodies of constituent entities of the Russian Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies or local government bodies involved in the provision of state or municipal services (Part 5

6.1. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body requests from the tax authorities at the applicant’s location a certificate confirming the presence or absence of arrears in the payment of taxes and fees and the applicant’s balance sheet as of the latest reporting date preceding the submission of the application for permission to conduct the lottery, if the applicant did not submit the specified documents independently.

Zakonbase: The provisions of Part 6.1 of Article 6 do not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information located at the disposal of state bodies of the constituent entities of the Russian Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies or local government bodies involved in the provision of state or municipal services (Part 5 of Article 74 of the Federal Law of July 1, 2011 N 169-FZ).

7. It is not allowed to demand from the applicant documents not provided for by this Federal Law.

8. The provisions of this article do not apply to:

1) state lotteries;

2) municipal lotteries, organized by an authorized local government body;

During the election campaign, referendum campaign, it is not allowed to hold lotteries in which winning prizes or participating in a prize draw depends on the results of voting, the results of elections, a referendum, or which are otherwise related to elections, a referendum.

1. The right to conduct an incentive lottery arises if a notification about holding an incentive lottery is sent to the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized local government body in the manner prescribed by this article.

2. The notification about holding an incentive lottery must contain an indication of the period, method, territory of its holding and the organizer of such a lottery, as well as the name of the product (service), the sale of which is directly related to the holding of the incentive lottery. The following documents are attached to the notification:

1) conditions of the incentive lottery;

2) a description of the method of informing participants of the incentive lottery about the timing of the incentive lottery and its conditions;

3) a description of the characteristics or properties of a product (service) that make it possible to establish the relationship between such a product (service) and the ongoing incentive lottery;

4) a description of the method for concluding an agreement between the organizer of the incentive lottery and its participant;

5) a description of the method of informing participants of the incentive lottery about the early termination of its holding;

6) notarized copies of the constituent documents of the incentive lottery organizer;

7) the procedure for storing unclaimed winnings and the procedure for claiming them after the deadline for receiving winnings has expired.

8) a certificate issued by the tax authorities confirming the presence or absence of arrears in the payment of taxes and fees.

From October 1, 2011, the provisions of paragraph 8 of part 2 of Article 7 in relation to the provision of public services by federal executive authorities and bodies of state extra-budgetary funds do not apply (Federal Law dated 07/01/2011 N 169-FZ).

2.1. A federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body requests from the tax authorities a certificate indicating that the applicant has or does not have a debt to pay taxes and fees, if the applicant has not submitted the specified document independently.

Zakonbase: The provisions of Part 2.1 of Article 7 do not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information located at the disposal of state bodies of the constituent entities of the Russian Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies or local government bodies involved in the provision of state or municipal services (Part 5 of Article 74 of the Federal Law of July 1, 2011 N 169-FZ).

3. A notification about holding an incentive lottery with documents attached must be sent by the organizer of the incentive lottery to the relevant authorized body specified in Part 1 of this article at least twenty days before the day of the incentive lottery. The said body, within fifteen days from the date of receipt of such notification, has the right to prohibit the holding of an incentive lottery on one of the following grounds:

1) submission of an incomplete set of documents required in accordance with this Federal Law;

2) non-compliance of the submitted documents with the requirements of this Federal Law;

3) presentation of false information;

4) the lottery organizer has arrears in paying taxes and fees.

4. The duration of the incentive lottery cannot exceed twelve months.

5. The territory where the incentive lottery is held in accordance with its terms is the territory in which the relevant goods (services) are sold.

1. The conditions of the lottery are approved by the organizer of the lottery.

2. Lottery conditions include:

1) name of the lottery;

2) an indication of the type of lottery;

3) the purpose of the lottery (indicating the amount of target contributions, as well as specific events and objects);

4) the name of the lottery organizer indicating its legal and postal addresses, bank details, taxpayer identification number and information on opening accounts with a credit institution;

5) an indication of the territory in which the lottery is held;

6) timing of the lottery;

7) description of the concept of the lottery;

8) organizational and technological description of the lottery;

9) rights and obligations of lottery participants;

10) the procedure and timing for receiving winnings, including after the expiration of these deadlines, as well as the timing of the examination of winning lottery tickets;

11) the procedure for informing lottery participants about the rules of participation in the lottery and the results of the lottery prize fund drawing;

12) the procedure for the production and sale of lottery tickets (the procedure for determining and registering lottery rates);

13) prices of lottery tickets (sizes of lottery bets);

14) cash equivalents of winnings in kind;

15) the procedure for forming the lottery prize fund, its size and the planned structure of distribution of the lottery prize fund in accordance with the size of winnings (as a percentage of the lottery proceeds);

16) the procedure for drawing the lottery prize fund, the algorithm for determining winnings.

3. The lottery organizer has the right to supplement the lottery conditions with other information that more fully discloses the technology of the lottery.

If it is necessary to make changes to the conditions of the lottery provided for in paragraphs 1, 3, 4, 7, 12, 13 and 14 of part 2 of this article, the lottery organizer is obliged to coordinate such changes with the federal executive body authorized by the Government that issued permission to hold the lottery of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body.

To make changes to the lottery conditions provided for in paragraphs 2, 5, 6, 8, 9, 10, 11, 15 and 16 of part 2 of this article, the lottery organizer must obtain a new permit to conduct the lottery.

4. The provisions of this article do not apply to incentive lotteries.

1. The conditions of the incentive lottery are approved by the organizer of the incentive lottery.

2. Conditions of the incentive lottery include:

1) the name of the incentive lottery, if available;

2) an indication of the method of conducting the incentive lottery and the territory where it will be held;

3) the name of the organizer of the incentive lottery, indicating its legal and postal addresses, bank details, taxpayer identification number and information about opening accounts with a credit institution;

4) timing of the incentive lottery;

5) rights and obligations of participants in the incentive lottery;

6) the procedure for drawing the prize fund of the incentive lottery, the algorithm for determining winnings;

7) the procedure and terms for receiving winnings;

8) the procedure for informing participants of the incentive lottery about the conditions of this lottery.

3. The terms of the incentive lottery should not include provisions that allow a participant in the incentive lottery to perform actions using mechanical, electrical, electronic or other technical devices to determine and (or) receive winnings, prizes and (or) gifts.

1. Mandatory lottery standards include:

1) the size of the lottery prize fund in relation to the proceeds from the lottery must be at least 50 percent

2) the amount of targeted deductions from the lottery, provided for by the terms of the lottery, must be no less than 10 percent of the proceeds from the lottery. The provisions of this paragraph do not apply to state lotteries.

2. The provisions of this article do not apply to incentive lotteries.

1. The technical characteristics of lottery equipment must ensure the random distribution of winnings when drawing the prize pool of lotteries.

2. Lottery equipment should not provide hidden (undeclared) capabilities, and it should not contain information arrays, components or assemblies that are inaccessible for examination.

3. Lottery equipment should not use procedures that implement algorithms that would make it possible to predetermine the result of the prize fund drawing before the start of such a drawing.

4. Lottery equipment is subject to mandatory registration in accordance with the established procedure.

5. The use of lottery equipment when conducting incentive lotteries is not allowed.

6. Lottery equipment must ensure that the lottery prize fund is drawn no more than once every twelve hours.

7. Lottery equipment must keep track of draws of the draw lottery prize fund, the current indicators of which must be included in the protocols of the draw commissions after each draw of the draw lottery prize fund.

8. Verification of compliance with the requirements for lottery equipment established by this article is carried out by the federal executive body exercising the functions of control and supervision of compliance with legislation on taxes and fees, in the manner established by the Government of the Russian Federation.

9. Lottery equipment is subject to mandatory confirmation of compliance (declaration of conformity or mandatory certification) with the requirements established by the technical regulations for lottery equipment.

10. Technical regulations for lottery equipment are adopted by decree of the Government of the Russian Federation.

1. The All-Russian State Lottery is held on the basis of a decision of the Government of the Russian Federation by the federal executive body authorized by the Government of the Russian Federation to organize the All-Russian State Lottery. The procedure for submitting documents on the basis of which this decision is made is determined by the Government of the Russian Federation.

2. The timing of the all-Russian state lottery is determined by the Government of the Russian Federation. The beginning of the All-Russian State Lottery is considered to be the date of the decision by the Government of the Russian Federation to hold the All-Russian State Lottery.

3. The lottery organizer - the federal executive body - holds an open competition for the preparation of conditions and a feasibility study for an all-Russian state lottery.

The operator of the All-Russian State Lottery is determined based on the results of an open competition in accordance with this Federal Law and other federal laws.

dated July 21, 2005 N 94-FZ

1) the amount of the bank guarantee provided by the operator of the All-Russian state lottery;

5. Targeted deductions from the All-Russian State Lottery constitute the amount of revenue from the lottery, with the exception of the prize fund of the All-Russian State Lottery and the remuneration paid to the operator of the All-Russian State Lottery.

The specified target deductions from the All-Russian State Lottery are credited to the federal budget revenue. The Government of the Russian Federation in the draft federal law on the federal budget for the next financial year provides for allocations for the financing of socially significant events and facilities in accordance with Article 11 of this Federal Law in an amount corresponding to the amount of targeted contributions from the All-Russian State Lottery.

6. The organizer of the All-Russian State Lottery is obliged to annually publish an annual report on the conduct of the All-Russian State Lottery in the media.

1. The regional state lottery is held on the basis of a decision of the highest executive body of state power of a constituent entity of the Russian Federation. The procedure for submitting documents on the basis of which the specified decision is made is determined by the highest executive body of state power of the constituent entity of the Russian Federation.

2. The duration of the regional state lottery should not exceed ten years.

(as amended by Federal Law dated July 27, 2010 N 214-FZ)

3. The operator of the regional state lottery is determined based on the results of an open competition in accordance with the legislation of the Russian Federation.

4. Mandatory conditions for an open competition, in addition to the procedure and conditions established by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs,” are the following mandatory conditions:

(as amended by Federal Law No. 19-FZ dated 02.02.2006)

1) the amount of the bank guarantee provided by the operator of the regional state lottery;

2) calculation of the estimated revenue from the lottery.

5. Targeted deductions from the regional state lottery constitute the amount of revenue from the lottery, with the exception of the prize fund of the regional state lottery and the remuneration paid to the operator of the regional state lottery.

The specified target deductions from the regional state lottery are credited to the budget revenue of the corresponding constituent entity of the Russian Federation. The highest executive body of state power of a constituent entity of the Russian Federation in the draft law of a constituent entity of the Russian Federation on the budget of a constituent entity of the Russian Federation for the next financial year provides for allocations for the financing of socially significant events and facilities in accordance with Article 11 of this Federal Law in an amount corresponding to the amount of targeted contributions from the regional state lotteries.

1. A municipal lottery, organized by an authorized local government body, is held on the basis of a decision of the local government body. The procedure for submitting documents on the basis of which this decision is made is determined by the local government body.

2. The duration of the municipal lottery should not exceed five years.

3. The operator of a municipal lottery, the organizer of which is an authorized local government body, is determined based on the results of an open competition in accordance with the legislation of the Russian Federation.

4. Mandatory conditions of the competition and contract with the operator of a municipal lottery, the organizer of which is an authorized local government body, are the amount of the bank guarantee provided by the operator and the calculation of the expected revenue from such a lottery.

1. The agreement between the organizer and the participant of the incentive lottery is free of charge.

An offer to participate in an incentive lottery must be accompanied by a statement of the terms and conditions of the lottery. Such an offer can either be placed on the packaging of a specific product, or placed in another way that allows, without special knowledge, to establish a connection between a specific product (service) and the ongoing incentive lottery.

The procedure for submitting an application by a participant in the incentive lottery and the procedure for accepting such an application are determined by the organizer of the incentive lottery in the conditions of the incentive lottery.

The organizer of an incentive lottery may condition the conclusion of an agreement for participation in an incentive lottery on the performance by its participant of certain actions provided for by the terms of such lottery.

2. When the incentive lottery is terminated, the organizer of the incentive lottery is obliged to publish a message in the media about the termination of the incentive lottery or otherwise publicly notify about such termination.

The organizer of the incentive lottery is obliged to draw the prize fund of the incentive lottery intended for payment, transfer or provision of winnings, and to pay, transfer or provide winnings to the winning participants of the incentive lottery who entered into agreements to participate in such a lottery before the date of publication of the notice of termination of the incentive lottery or other public notice of such termination.

1. The lottery prize fund is formed either from the proceeds from the lottery, or from the organizer of the incentive lottery.

The lottery prize fund is used solely for the payment, transfer or provision of winnings to winning lottery participants.

2. The lottery organizer is prohibited from encumbering the lottery prize fund with any obligations, with the exception of obligations to lottery participants for the payment, transfer or provision of winnings, as well as using the funds of the lottery prize fund other than for the payment, transfer or provision of winnings.

The lottery prize fund cannot be levied against other obligations of the lottery organizer.

3. For winnings in kind, the cash equivalent provided for by the lottery conditions must be indicated. This requirement does not apply to incentive lotteries.

4. The prize fund of the draw lottery is formed before the draw.

The procedure for recording and storing the lottery prize fund must ensure separate accounting and storage of prize funds for any lotteries, with the exception of incentive lotteries.

1. To draw the prize fund for each draw of a draw lottery, the organizer of the lottery creates a draw commission. The circulation commission performs the following functions:

1) holding a draw for the prize fund of the lottery draw;

2) confirmation of the results of the draw by signing the relevant act and the official table of the results of the draw.

2. The prize fund of a draw lottery must be drawn in full within the limits of the draw to which this prize fund belongs, with the exception of cases where a super prize is drawn from draw to draw, according to the rules established by the terms of the draw lottery. Any other transfer of funds (winnings) of the lottery prize fund from one draw to another draw is not permitted. The terms of the draw lottery may provide for the transfer of part of the draw lottery prize fund (super prize). The super prize must be played at least once during each year of the lottery.

3. In order to control the conduct of a draw lottery, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body, at the expense of the budget of the appropriate level, has the right to send its representatives to work as part of the draw commission, with the exception of drawing commissions for incentive lotteries.

Part 4. - Lost force.

5. The results of the prize fund drawing for each lottery draw must be published in the media and posted on the Internet by the lottery organizer within ten days from the date of the said drawing.

6. In case of termination of the lottery, its prize fund must be drawn in full, including the super prize, in the last draw.

1. The drawing of the prize fund of the non-draw lottery consists of:

1) identifying hidden inscriptions, drawings or signs on a lottery ticket;

2) comparing the information identified by the participant in the non-draw lottery, specified in paragraph 1 of this part, with the conditions of the non-draw lottery.

2. It is prohibited to use procedures and algorithms that make it possible to predetermine the result of the drawing of the prize fund of a non-draw lottery before the start of such a drawing.

1. Suspension or early termination of a lottery does not relieve the lottery organizer from the need to pay, transfer or provide winnings, including conducting an examination of winning lottery tickets and performing other necessary actions.

The lottery organizer is obliged to complete the lottery, including payment, transfer or provision of winnings, and take other necessary actions in relation to those lottery participants with whom he entered into an agreement, or return money for distributed lottery tickets if the lottery prize fund is drawn was not carried out.

2. A lottery participant has the right to demand from the lottery organizer:

1) obtaining information about the lottery in accordance with the conditions of the lottery;

2) payment, transfer or provision of winnings based on a lottery ticket recognized as a winner in accordance with the terms of the lottery;

3) receiving the cash equivalent of the winnings instead of winnings in kind (except for the incentive lottery).

3. The owner of a winning lottery ticket has the right to go to court in case of delay in payment, transfer or provision of the winnings or non-payment, non-transfer or failure to provide the winnings by the lottery organizer.

4. The lottery organizer has the right to disclose personal data of a lottery participant - the owner of a winning lottery ticket only with the permission of such participant.

The lottery organizer does not have the right to provide information about the lottery participant to third parties, except in cases provided for by the legislation of the Russian Federation.

5. In case of suspension of the permission to conduct a lottery or its revocation (except for an incentive lottery), the lottery organizer, within the period established by the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body, is obliged to terminate distribution of lottery tickets, inform lottery participants about this through the media, ensure the return of funds for lottery tickets of the draw lottery sold but did not participate in the draws due to the termination of their holding, and is obliged to pay, transfer or provide winnings participants of the draw lottery based on previously held draws.

6. Payment, transfer or provision of winnings is carried out in accordance with the conditions of the lottery.

In a draw lottery (except for an incentive lottery), payment, transfer or provision of winnings must be carried out no later than thirty days after the relevant draw and continue for at least six months from the date of publication of the results of this draw (lottery prize fund drawing) in the media. . After this period, claims for unclaimed winnings are accepted in the manner prescribed by the terms of the lottery.

7. Winnings not claimed within the period established by the conditions of the lottery (except for the incentive lottery), including cash equivalents of winnings in kind, are deposited in a special account and stored during the general limitation period provided for by the Civil Code of the Russian Federation, after which they are credited to the budget appropriate level.

8. The lottery organizer is obliged to store for five years the protocols of the drawing commissions, documents on the payment, transfer or provision of winnings, the amount of which, in accordance with the terms of the lottery, necessitates an examination of the winning lottery ticket.

9. The organizer of a non-state lottery, the operator of a state lottery, the operator of a municipal lottery are obliged to annually publish an annual report on the conduct of the relevant lottery and the results of the mandatory annual audit in the media distributed in the territory of the relevant lottery, and (or) post it on the information and telecommunications network "Internet" no later than June 1 of the year following the reporting year.

1. State supervision over the conduct of lotteries is carried out by authorized federal executive authorities (federal state supervision over the conduct of all-Russian lotteries) and executive authorities of the constituent entities of the Russian Federation (regional state supervision over the conduct of regional lotteries) (hereinafter referred to as state supervision bodies) in the manner established respectively The Government of the Russian Federation and the highest executive body of state power of the constituent entity of the Russian Federation.

2. Municipal control over the conduct of municipal lotteries is carried out by an authorized local government body (hereinafter referred to as the municipal control body) in the manner established by municipal legal acts.

3. The provisions of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision)” apply to relations related to the implementation of state supervision over the conduct of lotteries, the organization and conduct of inspections of legal entities. and municipal control" taking into account the specifics of organizing and conducting inspections established by parts 4 - 8 of this article.

4. The subject of the inspection is compliance by a legal entity in the process of conducting a lottery with the requirements established by this Federal Law and other regulatory legal acts of the Russian Federation in the field of organizing and conducting lotteries (hereinafter referred to as mandatory requirements).

5. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of one year from the date of:

1) issuing permission to a legal entity to conduct lotteries;

2) completion of the last scheduled inspection.

6. The grounds for conducting an unscheduled inspection are:

1) expiration of the deadline for the legal entity to fulfill an order issued by a state supervisory body or municipal control body to eliminate the identified violation of mandatory requirements;

2) receipt by the state supervisory body or municipal control body of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from government bodies (officials of the state supervision body or municipal control body), local government bodies, and from the media about facts of violations of mandatory requirements;

3) the presence of an order (instruction) from the head (deputy head) of the state supervision body or the head (deputy head) of the municipal control body to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation .

7. An unscheduled on-site inspection on the basis specified in paragraph 2 of part 6 of this article can be carried out by a state supervisory body or municipal control body immediately with notification of the prosecutor's office in the manner established by part 12 of article 10 of Federal Law of December 26, 2008 N 294- Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control."

8. Preliminary notification of a legal entity about an unscheduled on-site inspection on the basis specified in paragraph 2 of part 6 of this article is not allowed.

9. Officials of state supervision bodies and municipal control bodies, in the manner established by the legislation of the Russian Federation, have the right:

1) request and receive, on the basis of motivated written requests, from legal entities information and documents necessary during the inspection;

2) freely, upon presentation of an official ID and a copy of the order (instruction) of the head (deputy head) of the state supervisory body or municipal control body on the appointment of an inspection, visit the places where lotteries are held and conduct inspections of the buildings, premises, structures, technical means and equipment used, as well as conduct necessary studies, tests, examinations, investigations and other control activities;

3) issue orders to legal entities to eliminate identified violations of mandatory requirements;

4) draw up protocols on administrative offenses related to violations of mandatory requirements, consider cases of these administrative offenses and take measures to prevent such violations;

5) send materials related to violations of mandatory requirements to the authorized bodies to resolve issues of initiating criminal cases based on crimes.

1. The lottery organizer or lottery operator has the right to engage credit organizations on a contractual basis for the distribution of lottery tickets, storage of the lottery prize fund and payment of winnings in cash to lottery participants, as well as the return of funds for lottery tickets of a draw lottery that were sold but did not participate in the draws draw lottery due to the termination of their holding.

An agreement on the distribution of lottery tickets and (or) payment of winnings in cash may be concluded with a credit institution, regardless of the presence of bank accounts of the lottery organizer or lottery operator in this credit institution.

In the case of distribution of lottery tickets on the basis of an agreement with the lottery organizer or lottery operator, the credit institution acts as an attorney on behalf and at the expense of the lottery organizer or lottery operator.

2. The lottery organizer or lottery operator is obliged to transfer to the account of the credit organization the funds necessary to pay winnings to the lottery participants, and transfer the necessary documents to the credit organization, including instructions, within the period established by the relevant agreement.

The name of the credit institution that pays winnings to lottery participants and the conditions for receiving winnings from this credit institution are communicated to lottery participants by the lottery organizer or lottery operator in the same manner as the results of the corresponding draw are published.

3. Credit organizations that have received, in accordance with the established procedure, the right to work with funds from budgets of various levels can be involved in participating in state lotteries.

Maintaining accounting and financial (accounting) reporting by the lottery organizer (with the exception of the lottery organizer who acts on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipality) and the lottery operator is subject to mandatory annual audits. The audit is carried out in accordance with the legislation of the Russian Federation on auditing activities.

1. Persons guilty of violating this Federal Law bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation.

2. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body issues an order to the lottery organizer if the lottery organizer violates the following conditions:

1) submission by the lottery organizer to the specified authorized body of incomplete or unreliable information;

2) failure by the lottery organizer to comply with the decision of the specified authorized body on the elimination by the lottery organizer of the identified violation within the prescribed period.

3. Revocation of permission to conduct a lottery issued to the lottery organizer is carried out on the basis of a court decision. A federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation or an authorized local government body has the right to apply to the court to revoke the permit issued to the lottery organizer to conduct a lottery in the event of repeated or gross violation by the lottery organizer of the conditions specified in part 2 of this article, or when the following violations are detected:

1) misuse of funds received from the lottery. Misuse of funds means the direction of targeted deductions from the lottery for purposes not provided for by this Federal Law, as well as non-payment, non-transfer or failure to provide winnings to a lottery participant;

2) violation by the lottery organizer of the requirements of this Federal Law and the conditions of the lottery;

3) failure to comply with the mandatory lottery standards established by this Federal Law.

4. Simultaneously with filing an application to the court, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body has the right to suspend the permission to hold the lottery until the court decision enters into legal force.

Decisions to suspend the validity of a permit to hold a lottery and to send an application to the court to revoke said permit are sent to the lottery organizer in writing with a reasoned justification for such decisions no later than three

"Article 14.27. Violation of legislation on lotteries

1. Conducting a lottery without permission received in the prescribed manner or without sending notification in the prescribed manner -

shall entail the imposition of an administrative fine on citizens in the amount of twenty to twenty-five times the minimum wage; for officials - from forty to two hundred minimum wages; for legal entities - from five hundred to five thousand minimum wages.

2. Untimely transfer of targeted deductions from the lottery, as well as their direction for purposes other than those provided for by the legislation on lotteries -

shall entail the imposition of an administrative fine on officials in the amount of from forty to two hundred times the minimum wage; for legal entities - from one thousand to five thousand minimum wages.

3. Refusal to pay, transfer or provide winnings, as well as violation of the procedure and (or) terms for payment, transfer or provision of winnings provided for by the terms of the lottery -

shall entail a warning or the imposition of an administrative fine on officials in the amount of twenty to fifty times the minimum wage; for legal entities - from five hundred to one thousand minimum wages.";

part 1, after the words “Article 14.25, articles”, add the words “14.27,”;

paragraph three of part 3 after the words “14.21-14.23,” add the words “14.27,”;

4) in part 2 of article 28.3:

paragraph 1 after the words “14.10-14.18,” add the words “part 1 of article 14.27, articles”;

add paragraph 84 with the following content:

"84) officials of bodies regulating relations in the field of organizing and conducting lotteries - on administrative

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.

President of Russian Federation
V. PUTIN

Moscow Kremlin

The Zakonbase website presents the FEDERAL LAW of November 11, 2003 N 138-FZ (as amended on July 18, 2011) “ON LOTTERIES” in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW of November 11, 2003 N 138-FZ (as amended on July 18, 2011) “ON LOTTERIES” in the latest and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.