International treaties of the Russian Federation on the holding of lotteries. Legislative framework of the Russian Federation

Legal regulation of the organization and conduct of lotteries is provided for by the following regulations:

Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) part II chapter 58 “Games and betting”;
Federal Law of November 11, 2003 No. 138-FZ “On Lotteries”.

In accordance with Article 1063 of Chapter 58 of the Civil Code of the Russian Federation, relations between organizers of lotteries, sweepstakes (mutual betting) and other risk-based games in the Russian Federation, constituent entities of the Russian Federation, municipalities, persons who have received the right to conduct such games from an authorized state or municipal body in the manner prescribed by law, and by the participants of the games, are based on an agreement.

In cases provided for by the rules of organizing games, the agreement between the organizer and the participant of the games is formalized by issuing a lottery ticket, receipt or other document, as well as in another way.

The proposal to conclude an agreement must include conditions on the duration of the games and the procedure for determining the winnings and its amount.

If the organizer of the games refuses to hold them on time, the participants of the games have the right to demand from their organizer compensation for real damage incurred due to the cancellation of the games or the postponement of their dates.

Persons who, in accordance with the conditions of a lottery, sweepstakes or other games, are recognized as winners must be paid by the organizer of the games the winnings in the amount, form (cash or in kind) and period stipulated by the conditions of the games, and if the period is not specified in these conditions, not later than ten days from the date of determining the results of the games or within another period established by law.

If the game organizer fails to fulfill his obligations, a participant who wins a lottery, sweepstakes or other games has the right to demand payment of winnings from the game organizer, as well as compensation for losses caused by violation of the contract by the organizer.

Since January 1, 2004, the Federal Law of November 11, 2003 No. 138-FZ “On Lotteries” (hereinafter referred to as the Federal Law “On Lotteries”) has been in force. This 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.

BASIC CONCEPTS

The Federal Law “On Lotteries” defines the following basic concepts:
lottery- a game that is held in accordance with the agreement and in which one party (the lottery organizer) draws the lottery prize fund, and the second party (the lottery participant) receives the right to win if it is declared the winner in accordance with the terms of the lottery. The agreement between the lottery organizer and the lottery participant is concluded on a voluntary basis and is formalized by issuing a lottery ticket, receipt, other document or in any other way provided for by the terms of the lottery;
winnings- part of the lottery prize fund, determined in accordance with the terms 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 terms of the lottery;
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;
lottery prize draw- a procedure carried out by the lottery organizer or on his behalf by the lottery operator using lottery equipment, which is based on the principle of random determination of winnings and with the help of which winning lottery participants are determined and winnings are to be paid, transferred or provided to these participants;
lottery ticket- a document certifying, in accordance with this Federal Law, the right to participate in the lottery and serving to formalize the contractual relationship between the lottery organizer and the lottery participant. A lottery ticket is a counterfeit-proof printed product;
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 in accordance with this Federal Law the right to conduct a lottery. 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);
lottery organization- implementation of activities related to obtaining the right to hold a lottery;
holding a lottery- implementation of 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 the conduct of 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;
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;
lottery ticket distributor- 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; 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;
proceeds from the lottery- funds received from the distribution of lottery tickets for a specific lottery;
target royalties from the lottery- part of the proceeds from the lottery, directed to the purposes specified in Articles 11, 13 and 14 of the Federal Law “On Lotteries” in the manner established by these articles;
lottery equipment- equipment specially manufactured and used for holding lotteries, or equipment equipped with lottery programs; lottery bet - paid game combination.

PROCEDURE FOR GRANTING PERMISSION TO HOLD A LOTTERY

All lotteries held on the territory of the Russian Federation, regardless of their type, type and territorial status, are subject to state registration.

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 on the basis of an application for the provision of the said permit.

The issue of issuing permission to the applicant to conduct a lottery must be considered by the relevant authorities within two months from the date of submission of the application. No later than three days from the date of adoption of the relevant decision, the applicant is sent a notice of the issuance of permission to conduct a lottery or of the refusal to issue such permission.

An application for permission to hold a lottery is drawn up in any form, and the application must indicate the duration of the lottery and the type of lottery. The following documents must be attached to the application for permission to conduct a specific lottery:

lottery conditions;
standards for distribution of revenue from the lottery (in percentage);
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;
rules for identifying a lottery ticket when paying out, transferring or providing winnings;
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 estimated revenue from the holding of the lottery;
description and technical characteristics of lottery equipment;
notarized copies of the applicant’s constituent documents;
the applicant’s balance sheet as of the last reporting date preceding the submission of the application for permission to conduct the lottery;
a certificate issued by the tax authorities confirming the presence or absence of arrears in the payment of taxes and fees;
the procedure for recording distributed and non-distributed lottery tickets;
the procedure for returning, storing, destroying or using uncirculated lottery tickets in other circulations;
procedure for confiscation of undistributed lottery tickets;

It is not allowed to require additional documents from the applicant that are not listed in the above list. 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:

inconsistency of the documents submitted by the applicant to obtain permission to conduct a lottery with the requirements of the Federal Law “On Lotteries”;
the applicant provides false information;
the applicant has arrears in paying taxes and fees;
initiation of insolvency (bankruptcy) proceedings against the applicant by the arbitration court.

CONDITIONS OF THE LOTTERY

The lottery conditions are approved by the lottery organizer.
Lottery conditions include:

name of the lottery;
indication of the type of lottery;
the purposes of the lottery (indicating the amount of target contributions, as well as specific events and objects);
the name of the lottery organizer indicating its legal and postal addresses, bank details, taxpayer identification number and information about opening accounts with a credit institution;
an indication of the territory in which the lottery is held;
timing of the lottery;
description of the lottery concept;
organizational and technological description of the lottery;
rights and obligations of lottery participants;
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;
the procedure for informing lottery participants about the rules of participation in the lottery and the results of the lottery prize fund drawing;
the procedure for the production and sale of lottery tickets (the procedure for determining and registering lottery rates);
prices of lottery tickets (sizes of lottery bets);
cash equivalents of winnings in kind;
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);
procedure for drawing the lottery prize fund, algorithm for determining winnings. 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, 14, the lottery organizer is obliged to coordinate such changes with the federal executive body that issued permission to hold the lottery, authorized by the Government of the Russian Federation, or the authorized executive body of the subject Russian Federation or an authorized local government body.

However, if the conditions of the lottery, as provided for in paragraphs 2, 5, 6, 8, 9, 10, 11, 15, 16, change, then the lottery organizer is required to obtain a new permit to conduct the lottery.

MANDATORY LOTTERY REGULATIONS

Mandatory lottery standards include:

the size of the lottery prize fund in relation to the proceeds from the lottery must be no less than 50 percent, but not more than 80 percent;
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.

TARGET DEDUCTIONS FROM THE LOTTERY

Targeted deductions from the lottery are used to finance socially significant objects and events (including events aimed at the development of physical culture and sports, education, healthcare, civic-patriotic education, science, culture, art, including the creativity of the peoples of the Russian Federation, tourism, environmental development of the Russian Federation), as well as the implementation of charitable activities.

The lottery organizer is obliged to make quarterly targeted deductions from the lottery in the amount of no less than 10 percent of the proceeds from the lottery. Let us remind you that the amount of target deductions from the lottery is determined by the conditions of the lottery.

LOTTERY PRIZE POOL

The lottery prize fund is formed either from the proceeds from the lottery, or from the organizer of the incentive lottery. An incentive lottery is a lottery, the right to participate in which is not related to the payment of a fee (subclause 2 of clause 3 of Article 3 of the Federal Law “On Lotteries”).

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

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 recovered for other obligations of the lottery organizer.

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

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.

The prize fund of a draw lottery must be played out 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 prize fund of the draw lottery (super prize), but no more than twenty times in a row.

Winnings not claimed within the period established by the lottery conditions (except for the incentive lottery), including cash equivalents of winnings in kind, are deposited in a special account and stored for three years, after which they are credited to the budget of the appropriate level.

PARTICIPATION OF CREDIT INSTITUTIONS IN LOTTERIES

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 sold but not participating in the lottery draws. due to their termination.

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.

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 to 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.

NOTICE ABOUT THE INCENTIVE LOTTERY

Organizations that conduct incentive lotteries (lotteries in which the right to participate is not associated with payment of a fee and the prize fund of which is formed at the expense of the lottery organizer) must pay attention to the fact that, in accordance with the requirements of Article 7 of the Federal Law "On Lotteries", the right to such a lottery occurs if a notification about holding an incentive lottery is sent to the relevant authorized body.

The notification about holding an incentive lottery must indicate 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 implementation of the incentive lottery. The following documents are attached to the notification:

conditions of the incentive lottery;
a description of the method of informing participants of the incentive lottery about the timing of the incentive lottery and its conditions;
a description of the features or properties of a product (service) that allows us to establish the relationship between such a product (service) and the ongoing incentive lottery;
a description of the method for concluding an agreement between the organizer of the incentive lottery and its participant;
a description of the method of informing participants of the incentive lottery about its early termination;
notarized copies of the constituent documents of the incentive lottery organizer;
the procedure for storing unclaimed winnings and the procedure for claiming them after the deadline for receiving winnings has expired.

Notification of the holding of an incentive lottery must be sent by the organizer of the incentive lottery to 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 least twenty days before the day of the incentive lottery. The relevant authorized 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:

submission of an incomplete set of documents required in accordance with the Federal Law “On Lotteries”;
non-compliance of the submitted documents with the requirements of the Federal Law “On Lotteries”;
submission of false information;
the lottery organizer has arrears in paying taxes and fees.

The duration of the incentive lottery cannot exceed twelve months. CONDITIONS OF THE INCENTIVE LOTTERY

The conditions of the incentive lottery are approved by the organizer of the incentive lottery.
Incentive lottery conditions include:

name of the incentive lottery, if available;
an indication of the method of conducting the incentive lottery and the territory where it will be held;
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;
timing of the incentive lottery;
rights and obligations of incentive lottery participants;
the procedure for drawing the prize fund of the incentive lottery, the algorithm for determining winnings;
procedure and terms for receiving winnings;
the procedure for informing participants of the incentive lottery about the conditions of this lottery.

AGREEMENT BETWEEN THE ORGANIZER AND THE PARTICIPANT OF THE INCENTIVE LOTTERY

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

An offer to participate in an incentive lottery is accompanied by a statement of the conditions of the lottery, which is placed on the packaging of a specific product, or 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.

In the event of termination of the incentive lottery, 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.

PROTECTING THE RIGHTS OF LOTTERY PARTICIPANTS

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.

The lottery participant has the right to demand from the lottery organizer:

obtaining information about the lottery in accordance with the conditions of the lottery;
payment, transfer or provision of winnings based on a lottery ticket recognized as a winner in accordance with the terms of the lottery;
receiving the cash equivalent of winnings instead of winnings in kind (except for incentive lotteries).

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

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.

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 stop distributing lottery tickets 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 to the participants of the draw lotteries based on previously held draws.

Payment, transfer or provision of winnings is carried out in accordance with the terms and 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.

Winnings that are 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 of the appropriate level.

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

AUDIT OF THE LOTTERY ORGANIZER AND LOTTERY OPERATOR

In accordance with the requirements of Article 23 of the Federal Law "On Lotteries", the maintenance of accounting and financial (accounting) statements by the lottery organizer and lottery operator are subject to mandatory annual audits, which must be carried out in accordance with the legislation of the Russian Federation on auditing activities.

This requirement does not apply to the lottery organizer who acts on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity.

RESPONSIBILITY FOR VIOLATION OF THE FEDERAL LAW "ON LOTTERIES"

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

In accordance with the requirements of Article 14.27 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Administrative Offenses Code of the Russian Federation), holding a lottery without permission obtained in the prescribed manner or without sending a notification in the prescribed manner shall entail the imposition of an administrative fine on citizens in the amount of from 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.

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, entails 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.

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

At the same time, a resolution in a case of an administrative offense for violation of the legislation of the Russian Federation on lotteries cannot be made after one year from the date of commission of the administrative offense (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

Revocation of permission to conduct a lottery issued to the lottery organizer is carried out on the basis of a court decision. The relevant authorized body that issued permission to conduct a lottery has the right to apply to the court to revoke the permission issued to the lottery organizer to conduct a lottery in the following cases:

submission by the lottery organizer to the specified authorized body of incomplete or unreliable information;
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;
misuse of funds received from the lottery. Misuse of funds means the direction of targeted deductions from the lottery for purposes not provided for in Article 11 of the Federal Law "On Lotteries", as well as non-payment, non-transfer or non-provision of winnings to a lottery participant;
violation by the lottery organizer of the requirements of the Federal Law “On Lotteries” and the conditions of the lottery;
failure to comply with mandatory lottery standards established by Article 10 of the Federal Law “On Lotteries”.

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 permission to hold a lottery and to send an application to the court to revoke the said permission are sent to the lottery organizer in writing with a reasoned justification for such decisions no later than three days from the date of their adoption.

LICENSING ACTIVITIES FOR ORGANIZATIONS THAT ARE ENGAGED IN THE ORGANIZATION AND CONDUCT OF LOTTERIES

Currently, to organize and conduct a lottery, as well as to sell lottery tickets, no special license is required, since these types of activities are not listed in the list of activities that require a license. Let us recall that the list of types of activities for which a license is required is established by Article 17 of Federal Law No. 128-FZ of August 8, 2001 “On licensing of certain types of activities.”

REGISTRATION WITH THE RUSSIAN FEDERATION COMMITTEE FOR FINANCIAL MONITORING

Decree of the Government of the Russian Federation of January 18, 2003 No. 28 “On approval of the regulations on registration with the Russian Federation Committee for Financial Monitoring of organizations carrying out transactions with funds or other property, in the scope of which there are no supervisory authorities” (hereinafter referred to as Regulation No. 28 ).

In accordance with this document, the following organizations are subject to registration: a) leasing companies;
b) pawnshops;
c) organizations that operate sweepstakes and bookmakers, as well as conducting lotteries and other games in which the organizer raffles off a prize fund between participants, including in electronic form;
d) organizations engaged in the purchase, purchase and sale of precious metals and precious stones, products made from them and scrap of such products.

An organization is registered within 30 days from the date of its state registration.

To register, the organization submits the following documents to the Committee of the Russian Federation for Financial Monitoring:

application for registration (in any form), signed by the head and certified by the seal of the organization;
registration card in the form approved by the Committee of the Russian Federation for Financial Monitoring (hereinafter referred to as the RF CFM).

Order of the FMC of the Russian Federation dated January 31, 2003 No. 9 “On approval of the form of the card for registration with the FMC of Russia of organizations carrying out transactions with funds and other property, in the field of activity of which there are no supervisory authorities” approved the form of the card for registration with the FMC of the Russian Federation of organizations carrying out transactions with cash and other property, in the scope of which there are no supervisory authorities.

The above documents can be submitted to the CPM of the Russian Federation by a representative of the organization or sent by registered mail with acknowledgment of delivery. At the request of the representative of the organization, a mark indicating the acceptance of the documents and the date of their submission is placed on the copy of the application.

The FMC of the Russian Federation may refuse to register an organization if documents are submitted improperly.

The FMC of the Russian Federation makes a decision to register or refuse to register an organization within a period not exceeding 10 days from the date of submission of the documents specified in paragraph 4 of Regulation No. 28.

Notification of the adoption of the relevant decision is handed over to a representative of the organization against signature or sent by registered mail with return receipt requested.

The organization, after eliminating the reasons why it was denied registration, within 5 days after receiving the notification of refusal, again submits the documents to the CFM of the Russian Federation.

In the event of liquidation of an organization or a change in the profile of its activities, the organization sends to the CFM of the Russian Federation an application (in any form) to deregister it, signed by the head and certified by the seal of the organization.

In case of changes in the information contained in the registration card, the organization reports them to the FMC of the Russian Federation within 5 days.

The head of the organization is responsible in accordance with the legislation of the Russian Federation for failure to comply with Regulation No. 28.

Employees of the Russian Federation Committee for Financial Monitoring ensure the safety of information constituting official, banking, tax or commercial secrets that became known to them when registering an organization, and bear responsibility for the disclosure of this information established by the legislation of the Russian Federation.

DEVELOPMENT AND APPROVAL OF INTERNAL CONTROL RULES

Order No. 15 of the FMC of the Russian Federation of February 7, 2003 approved the Regulations on the harmonization of the rules of internal control of organizations carrying out transactions with funds or other property, in the scope of which there are no supervisory authorities."

The rules of internal control of organizations that conduct lotteries in which the organizer raffles off a prize fund between participants are subject to submission for approval to the FMC of Russia.

The organization's internal control rules are developed taking into account the Recommendations approved by the Order of the Government of the Russian Federation of July 17, 2002 No. 983-r "On approval of recommendations for the development of internal control rules by organizations performing transactions with funds or other property in order to combat legalization (laundering) proceeds from crime and the financing of terrorism." These rules are provided to the FMC of the Russian Federation in two copies, each of which must be numbered page by page, bound, approved by the head and sealed by the organization, within 5 days from the date of their approval with a statement of approval (in any form), signed by the head and certified by the seal organization (indicating the TIN of the organization).

The FMC of the Russian Federation reviews the rules of internal control of the organization, establishes their compliance with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism and makes a decision on approval or non-approval (refusal to approve) the rules of internal control of the organization within a period not exceeding 15 days from the date of receipt.

Notification of approval of internal control rules is sent to the organization by registered mail with return receipt requested. Attached to the notification is one copy of the organization’s internal control rules with an approval mark certified by the seal of the FMC of the Russian Federation.

In case of non-approval (refusal to approve) the rules of internal control by the FMC of the Russian Federation, a notification with a reasoned refusal is sent to the organization.

Notifications of approval or non-approval (refusal of approval) are issued on the official letterhead of the FMC of the Russian Federation and signed by the Chairman of the FMC of the Russian Federation or his deputies.

After eliminating the reasons for non-approval (refusal to approve) the internal control rules specified in the notification of the FMC of the Russian Federation, the internal control rules are again submitted for approval to the FMC of the Russian Federation.

In case of amendments and (or) additions to the Recommendations on the development of internal control rules by organizations carrying out transactions with funds or other property in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by the Government of the Russian Federation, the rules internal control of the organization, after making appropriate changes and (or) additions to them and approval by the head of the organization, are submitted for approval to the FMC of the Russian Federation in the manner prescribed by these Regulations.

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 conducting 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.

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 organizer) draws the lottery prize fund, and the second party (the lottery participant) receives the right to win if it is declared a winner in accordance with the terms of the lottery. The agreement between the lottery organizer and the lottery participant is concluded on a voluntary basis and is formalized by issuing a lottery ticket, receipt, other document or in any other way provided for by the terms of the lottery;

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) lottery prize fund drawing - a procedure that is carried out by the lottery organizer or on his behalf by the lottery operator using lottery equipment, which is based on the principle of random determination of winnings and with the help of which winning lottery participants are determined and winnings are to be paid, transferred or provided to these participants;

5) lottery ticket - a document certifying, in accordance with this Federal Law, the right to participate in the lottery and serving to formalize the contractual relationship of the lottery organizer with the lottery participant. A lottery ticket is a counterfeit-proof printed product;

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 allocations from the lottery - part of the proceeds from the lottery, directed to the purposes specified in Articles 11, 13 and 14 of 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.

Article 3. Types of lottery

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 draw. 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.

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) 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;

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

4) control over the conduct of lotteries, including the intended 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 implementation, 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) control 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) 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.

Article 5. Maintaining lottery registers

1. The Unified State Register of Lotteries is maintained by the federal executive body authorized by the Government of the Russian Federation in the manner established 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 in the manner established 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.

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.

Article 6. Permission to conduct a lottery

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) notarized copies of the applicant’s constituent documents;

8) the applicant’s balance sheet as of the last reporting date preceding the submission of the application for permission to conduct the lottery;

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

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

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

12) the procedure for confiscating undistributed lottery tickets;

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

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;

3) incentive lotteries.

Article 7. Notice of incentive lottery

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.

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.

Article 8. Lottery conditions

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.

Article 9. Conditions of the incentive lottery

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.

Article 10. Mandatory lottery standards

1. Mandatory lottery standards include:

1) the size of the lottery prize fund in relation to the proceeds from the lottery must be no less than 50 percent, but not more than 80 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.

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

Article 11. Targeted royalties from the lottery

1. Targeted contributions from the lottery are used to finance socially significant objects and events (including events aimed at the development of physical culture and sports, education, healthcare, civic and patriotic education, science, culture, art, including creativity of the peoples of the Russian Federation, tourism , environmental development of the Russian Federation), as well as the implementation of charitable activities.

2. The lottery organizer is obliged to make quarterly targeted deductions from the lottery in the amount calculated on the basis of the mandatory standards established by Article 10 of this Federal Law.

Article 12. Requirements for lottery tickets

1. Lottery tickets must contain the following mandatory details:

1) number and date of issue of permission to conduct the lottery;

2) the name of 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 that issued permission to conduct the lottery, the state registration number of the All-Russian lottery or regional lottery or the registration number of the municipal lottery;

3) name of the lottery;

4) lottery ticket number;

5) the name of the lottery organizer and his contact telephone number;

6) excerpts from the conditions of the lottery, sufficient to provide the lottery participant with an adequate understanding of the lottery, the algorithm for determining the winnings, the amount of the winnings and the procedure for receiving them;

7) the size of the lottery prize fund (as a percentage of the proceeds from the lottery), with the exception of lottery tickets for the incentive lottery;

8) fixed price of a lottery ticket or fixed price of a single bet (cost of the minimum game combination), with the exception of lottery tickets of the incentive lottery;

9) the date and place of the drawing of the lottery prize fund, as well as the timing and sources of publication of the official results of the drawing (for circulation and incentive lotteries);

10) information about the place and timing of receiving winnings.

2. Inscriptions on lottery tickets must be made in Russian, at the discretion of the lottery organizers, additionally in the state languages of the republics that are part of the Russian Federation, and at the discretion of the international lottery organizers, additionally in foreign languages. This requirement does not apply to registered trademarks, game symbols, or lottery ticket markings.

3. The price of a lottery ticket, the size of winnings and the value of winnings in kind are determined in the currency of the Russian Federation.

Article 13. All-Russian State Lottery

1. The All-Russian State Lottery is held on the basis of a decision of the Government of the Russian Federation by a federal executive body authorized by the Government of the Russian Federation. 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 duration of the All-Russian state lottery, with the exception of the All-Russian state lottery conducted in real time, should not exceed five years.

The duration of the All-Russian state lottery in real time is seven years.

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.

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 Part 1 of 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.

Article 14. Regional state lottery

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 five years.

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 of an open competition in addition to the procedure and conditions established by the Federal Law of May 6, 1999

N 97-FZ "On tenders for placing orders for the supply of goods, performance of work, provision of services for state needs", the following mandatory conditions are:

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 financing socially significant events and facilities in accordance with Part 1 of Article 11 of this Federal Law in an amount corresponding to the amount of targeted contributions from regional state lottery.

Article 15. Municipal lottery, organized by an authorized local government body

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 the specified 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.

Article 16. Agreement between the organizer and the participant of the incentive 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.

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.

Article 17. Lottery prize fund

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 recovered for 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.

Article 18. Requirements for the drawing of the lottery prize fund

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 prize fund of the draw lottery (super prize), but no more than twenty times in a row.

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.

4. Lottery equipment should not contain hidden algorithms (including source codes of computer programs), information arrays, components or assemblies that are inaccessible for inspection and testing by the authorities monitoring the conduct of lotteries.

It is prohibited to use procedures and algorithms that allow you to predetermine the result of the drawing of the prize fund of a lottery lottery before the start of such a drawing.

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

Article 19. Requirements for the drawing of the prize fund of a non-draw lottery

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.

Article 20. Ensuring the protection of the rights of lottery participants

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.

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.

Article 21. Control over lotteries

1. Control over the conduct of lotteries 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 in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

2. At the request 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 that issued a permit to conduct a lottery or received notification of an incentive lottery, the lottery organizer and lottery operator are obliged to provide information about the holding lotteries. The list of such information is approved accordingly by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, and a local government body.

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 is obliged to annually verify the compliance of lotteries with their conditions and the legislation of the Russian Federation.

Representatives 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 have the right to exercise control over the conduct of lotteries.

Article 22. Participation of credit institutions in lotteries

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.

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.

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.

Article 23. Audit of the lottery organizer and lottery operator

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.

Article 24. Responsibility for violation of this Federal Law

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 in Article 11 of this Federal Law, as well as non-payment, non-transfer or non-provision of 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 Article 10 of 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.

5. Actions (inaction) and decisions 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 may be appealed to a court.

Article 25. Amendments to the Code of the Russian Federation on Administrative Offenses

Introduce into the Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, N 1, Art. 1; N 30, Art. 3029; N 44, Art. 4295; 2003, N 27, Art. 2700, 2708, 2717) the following changes:

1) paragraph two of part 3 of article 3.5 and part 1 of article 4.5 after the words “about advertising,” add the words “about lotteries,”;

2) Chapter 14 should be supplemented with Article 14.27 as follows: - “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.";

3) in article 23.1:

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 - about administrative offenses provided for in Article 14.27, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code."

Article 26. Amendments to Part Two of the Civil Code of the Russian Federation

Make the following changes to Article 1063 of Part Two of the Civil Code of the Russian Federation (Collection of Legislation of the Russian Federation, 1996, No. 5, Art. 410; 2003, No. 2, Art. 167):

in paragraph 1, after the word “persons,” add the words “and for lotteries - legal entities,” the word “permissions” is replaced with the words “the right to conduct such games in the manner prescribed by law”;

paragraph 2 should be supplemented with the words “as well as in other ways”;

paragraph 4 should be supplemented with the words “or within another period established by law.”

Article 27. The procedure for the entry into force of this Federal Law

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.

The president
Russian Federation
V. Putin

3593

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

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

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

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

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

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

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

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

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

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).