Gambling and Islam. Are lotteries gambling? Gambling definition in law

Historically referred to gambling. Is this true? Gambling has been an attractive and sinful activity for thousands of people for hundreds of years. Gambling became a mania and led to ruin. Therefore the attitude public opinion to gambling, negative. But to what extent is poker a game of chance, and what does it depend on?

What game can be considered gambling?

Gambling Dictionaries define it as depending mainly on chance. As opposed to commercial games that rely on skill.

But chance is present in any game and any competition. Even in completely deterministic games, such as chess, it is impossible to accurately predict the winner. Because randomness is inherent in man himself. Today he is focused and plays well, but tomorrow he is distracted and makes mistakes. Or he just has a toothache. And now a first-class chess player beats a chess grandmaster - this happens. Therefore, the basis of any reasonable ratings is always the probability of victory, and no one ever guarantees that a higher-rated participant will definitely defeat a lower one.

But let's get back to gambling. Roulette is a classic game of chance, everything depends only on chance (we do not consider the possibility of fraud on the part of the casino or the player; in reputable establishments this is unlikely, and the results depend only on chance). Now comes the key question: is roulette a casino game of chance? And we must admit that it is not. Casinos receive stable good income. Why? Because the game that is random in each episode is not at all random at a distance. Expected value(average winnings) for the casino is positive; on average, it has its own couple of percent of all bets. Although the outcome of each game is random, multiple games result in a stable income for the casino. And casinos are taking extra measures to reduce randomness. For example, they limit rates. Some roulette propagandists claim that this is done out of fear that people will win with their systems. Nonsense. The mathematical expectation of winning at roulette is known and unchanged; it is positive for the casino and negative for the player. And no game system can change this. But the casino is more profitable if you bet a hundred times a dollar, rather than one hundred dollars. Because in the first case, casino income is more predictable and less subject to random changes.

From here we can draw the main conclusion: the definition of “gambling” should refer not only (and even not so much) to the game itself, but to the way of playing it. If you bet your entire grandfather’s inheritance on one of your chess games, even if you have a 90% chance of winning, then chess in this situation is a game of chance. If you come to play roulette once, it is definitely a game of chance. But if you spend several hours every day at roulette for a year, then roulette is not a game of chance. You simply consistently lose your money to the casino (no matter for what reasons and with what emotions, maybe you consider such a fee reasonable for your adrenaline, but the game itself is no longer gambling, its result is completely predictable).

Poker as a gambling and non-gambling game

What about poker? All of the above applies to it. The outcome of a single game is largely random. And even after an hour or two of play, a beginner can beat the pros. But the longer you play, the less randomness there is. And with a long game, the result is determined only by skill. Unlike any games against the casino, it depends on you (and, naturally, on the strength of your opponents). But in order for the game to be long, you need not to lose yours in the short term, so the bets in one game should be small compared to your bankroll (the capital allocated for the game). If this is observed, then poker is not a game of chance. Note that this does not depend on your playing ability. If you play well, you will win; if you play poorly, you will inevitably lose if you play for a long time, and no amount of luck in certain hands will help you.

This conclusion is confirmed by the very fact that there are many poker professionals whose incomes are consistently high. Which would be impossible if the results depended on chance.

Sports (tournament) poker differs from a cash game in that the players' chips are not backed by real money. But the winners share the prize fund, made up of tournament fees from participants and/or sponsorship funds. And here, therefore, what is important is not the number of chips won/lost, but the place that the player managed to occupy.

In terms of the degree of randomness of the results of a single tournament, it is significantly higher than, for example, the result of a daily cash game for a month. As a rule, strong players win prizes, but there are more strong players in tournaments than prizes. And even a great master can be eliminated at an early stage if the circumstances are unfortunate. Therefore, for the sports assessment of a player’s results, it is not the results of a single tournament that are important, but the average assessment over many tournaments in which the player took part, that is, a rating system taking into account fairly deep places in tournaments (at least all hits in prizes). Within this framework, the influence of randomness becomes negligible, and therefore it reflects the objective level of the player's skill.

Development trend of sports games

If we analyze changes in the rules of sports championships over the past few decades, we will find general trend. Representatives of the older generation remember that once upon a time most competitions were held in a round-robin or similar system, and the results were determined by points. Now almost any championship in the majority sports games includes a preliminary selection of leaders, but ends with the playoff stage - a knockout game. Obviously, such a system is far from perfect in terms of ranking who is stronger and who is weaker. The results are largely determined by chance. A moment of absent-mindedness, a lump of ice that helped or hindered the scoring of the winning puck, and the objectively strongest player may be left without any prizes at all. Why is such a system used? Yes, simply because it is the element of unpredictability, that very randomness, that makes competitions especially interesting. And this unpredictability is deliberately introduced, even to the detriment of purely sporting goals of identifying the objectively strongest. Organizers introduce elements of gambling into football, hockey, basketball, volleyball and most other sports. (By the way, the cash prizes for the results of these games are not small at all).

But in poker, the element of chance is organically integrated into the game itself. And it’s not for nothing that television broadcasts of poker tournaments attract audiences that are not much inferior to football finals. Because poker perfectly combines the need for great skill to reach the final table with the very unpredictability that makes watching the action so interesting and unforgettable. Especially when we already know the players’ cards, we can partially restore their train of thought, and still a card comes out on the river that changes everything.

Thus, poker fits well into the general trend in the development of sports games. Let us predict that over the coming years the number of countries recognizing the sporting nature of poker tournaments will grow. Including, despite recent events with the abolition of recognition of poker as a sport in Russia, tournament poker will develop successfully in our country.

Gambling

The term currently has the following economic definition: betting money or something of material value on an event with an uncertain outcome with the main intention of making a profit or material value. Gambling depends on to a greater extent from chance rather than from the skill of the players, and the size of the bets is set arbitrarily and can be changed by the players, and main interest is aimed not at the process of the game, but at its outcome.

Theoretical features

Although the outcome of gambling depends on chance, on a large scale it is also subject to certain laws. The owners of roulettes and other gambling houses always win when playing for a long time, even if the game is not accompanied by any deception. This is determined by the very conditions of the game. Establishing conditions under which the game is “fair” or “harmless”, that is, giving both parties exactly the same chance of winning, as well as conditions that ensure that the game is produced on a large scale (that is, with very large number its repetitions) a certain gain to one side is the subject of mathematical research related to the field of probability theory.

Story

Slot machine hall in a casino

In ancient India, as well as throughout the world, the game of dice was known. The collection of Vedic hymns “Rig Veda” contains the poem “Gambler’s Complaints,” which warns against gambling: “Do not play dice, but plow your furrow! Find pleasure in your property and value it highly! Look after your cattle and your wife, you despicable player! In the book "Bhavishya Purana" there is a story related to gambling: a certain prince lost everything, including his own wife, playing dice. The epic "Mahabharata" calls the game of dice gambling, which it nevertheless describes in sufficient detail.

There is evidence of a passion for gambling with dice among the ancient Greeks, especially the Corinthians. Only in Sparta was gambling completely banished. Gambling is also mentioned in the mythology of Ancient Greece. According to Greek legend, Palamedeus proposed a game of dice to entertain Greek soldiers who were bored while waiting at the Siege of Troy. The Greek biographer Plutarch mentions the Persian queen Parysatis [ specify], a passionate fan of the game of dice.

Gambling was extremely popular among the Germans. The ancient German lost not only his property, but also his freedom: those who lost and no longer had anything to pay with were sold into slavery. Although already in the 13th century legislative restrictions began to appear, and in the 14th century in Germany, as elsewhere, gambling houses began to be prohibited (which first arose in the 12th century in Italy); but until modern times, in small German states, gambling houses in the form of roulettes and other dens were not only tolerated, but also encouraged by governments, since they paid significant taxes to poor treasuries. With the rise of Prussia and the unification of Germany, the police force brought significant reforms in this area - gambling houses disappeared in the German lands. Before the law of July 1, 1868 on the closure of gambling houses and the subsequent unification of the German Empire under common law, Germany was notorious for its gambling houses in Baden-Baden, Bad Doberan, Bad Ems, Wiesbaden, Hamburg, etc.

From ancient times, gambling, as far as can be judged from sources, was practiced only in the form of betting and throwing dice. With the invention of the art of engraving on wood and copper around 1423, cards began to be made by artists in Spain and Germany, which initially served for fortune telling, and then became a tool for games based on fortune telling, that is, gambling. Initially card game, which was a specialty of the dark elements, served as a skillful form of deception, and already in 1494 a treatise was published "Liber vagatorum", exposing the deceptive techniques of card sharpers. The game was played in brothels and taverns, and in 1541 the first law was issued in England to persecute the owners of gambling dens. Until now, under English common law, the owners of gambling houses are prosecuted as organizers of “generally harmful activities”. common nuisance), creating the temptation of idleness and gathering together a significant number of dissolute people.”

But, gradually, gambling became widespread both at court and among the nobility. The heyday of these games was the time of Louis XIII and XIV in France, and simultaneously with these games, cheating spread, in which the most notable persons of high society were repeatedly caught. The fashion for gambling from the court of Louis spreads to other courts in Europe (to this day, most gambling games retain their French names), and gambling becomes a favorite pastime of the nobility. Bourgeoisie late XVIII century, strengthening its influence in society, it also hurried to adopt the “noble fashion”, but the spread of gambling among the bourgeoisie took on noticeable proportions only in the 30-40s. XIX century(in Germany and Russia even later). The leveling of different classes in gambling occurred only with the establishment of large gambling houses, the doors of which were open to everyone. Previously, gambling was only considered reprehensible if it was played outside one’s class circle.

The gambling “clubs” that arose in Russia since the 19th century had a sharp class-class character (“English” - for the nobility, “Merchant”, “Clerk”, etc.).

Addiction

The habit of gambling can form a psychological addiction in a person - gambling addiction. This addiction can pose both a social and medical problem to society. One of the risk factors is personal characteristics: emotional instability, reduced self-control.

Dependent behavior is accompanied by depressive disorders. Researchers note signs of altered consciousness, in particular, absorption in the game, concentration on the game with simultaneous detachment from the surrounding reality.

During an examination in Moscow of 96 people who sought help due to a pathological addiction to playing slot machines, suicidal thoughts were identified in 15 cases, and asthenic disorders in 36 cases.

Attitude towards gambling

The fight against side effects associated with excessive gambling has long been one of the tasks of administrative and criminal policy in almost all countries of the world. The socially harmful aspects boil down to the development in the population of the pursuit of easy unearned income, which sometimes promises quick enrichment, but often leads to dependence and impoverishment; to the temptation to take risks at the expense of others, as a result of which the amount of embezzlement and misappropriation increases; to the development of gambling fraud, an increase in the number of people living at the expense of others.

In Russia

In Russia, many games of chance have long been known, of which the game of cards and grain was pursued by both the clergy and the government, which instructed the governors to monitor this. From the voivodeship orders of the 17th century it is clear that those who played cards and grain were punished with a whip, and the cards and grain themselves were ordered to be taken away and burned.

Especially at the beginning of the reign of Emperor Alexander I, the government vigorously pursued gambling. By decrees, the military governor-general of St. Petersburg in 1801 and the Moscow governor-general in 1806 were ordered to have constant supervision to ensure that there was no gambling, to send those guilty to trial and to report their names to the emperor himself (No. 19938, 22107). The provisions carried out under Emperor Alexander I and the decrees from Catherine’s “Charter of Deanery” were transferred almost without changes to the “Charter on the Prevention and Suppression of Crimes” (Articles 444-449, Vol. XIV), which existed in Russian Empire until 1917. The law distinguished between commercial games, which were permitted, and gambling games, which were prohibited. Ensuring that such gambling does not take place anywhere, as well as the responsibility to find gambling houses and initiate prosecution of their founders and participants, rests with the executive police. Prescribing to the police what they must discover during the investigation (the type and instrument of the game, the time, place of it, the participants, the purpose of the game and the circumstances explaining the intention of the game), the law instructed the police to act with caution so as not to cause unnecessary slander, insults and worries." In Moscow, betting was prohibited in 1889 by order of the Moscow Governor-General.

In Soviet law in the period preceding the New Economic Policy, all kinds of gambling were severely persecuted as a form of speculative enrichment. On November 24, 1917, a decree was issued by the Petrograd Military Revolutionary Committee to close all gambling clubs and dens. However, the Bolsheviks did not wage a serious fight against the gambling business and it continued to exist illegally. The Council of Commissioners of the Petrograd Labor Commune in the spring of 1918 considered and rejected M.I. Kalinin’s proposal to legalize and tax (10-30% of income) gambling establishments in Petrograd.

In 1988, it was allowed to install about 200 slot machines in Intourist hotels for the entertainment of foreigners. In the spring of 1989, the first casino opened in Tallinn, and in August a casino opened in the Savoy Hotel in Moscow.

Since 1990, with the collapse of the USSR, casinos and slot machine halls began to appear in Russia with virtually no restrictions. Since July 1, 2009, gambling in Russia has been officially prohibited, except for four “gambling zones” located away from largest cities countries. Nevertheless, some gambling establishments continue to operate illegally under the guise of “electronic lotteries,” Internet cafes and computer clubs.

According to modern legislation Russian Federation, gambling is “a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of the gambling game according to the rules established by the organizer of the gambling game.”

In accordance with the legislation of the Russian Federation, the activities of gambling establishments (casinos) are subject to licensing. There is a general regulation that requires that the odds of winning on slot machines must be fair (that is, the winnings must be statistically random) in order to prevent the manufacturer from making large profits from slot machines with an artificially low chance of winning.

Since insurance obligations have much in common with betting, from a legal point of view Insurance Company enters into an agreement in which either party has a percentage of the outcome of an insured event outside of certain financial terms. For example, insuring a house against fire is an insurance contract because each party has an independent interest in the safety of the house.

The laws of some countries do not recognize a bet as a full-fledged contract and consider any consequences material losses as a debt of honor that has no legal force. Therefore, criminal organizations often take on the responsibility of repaying large debts, sometimes using force.

Economy

Play areas

In classical literature

Several works of Russian classics were devoted to gambling and its influence on the fate of a person who became interested in it. For Alexander Sergeevich Pushkin, the plot of his story “The Queen of Spades” is based on gambling. Comedy play Nikolai Vasilyevich Gogol's "Players" raises the image of swindlers. Also, the theme of gambling was used by Mikhail Yuryevich Lermontov as a plot point in “Masquerade”, “Shtoss” and “Tambov Treasurer”. Fyodor Mikhailovich Dostoevsky dedicated the novel “The Gambler” to the gambler, which tells the story of the spiritual blindness of a man whose meaning of life has become gambling. Osip Emilievich Mandelstam in the poem “Casino” figuratively describes his state when he finds himself surrounded by gambling machines. In the story “The Genius Gambler,” Alexander Stepanovich Green introduces into the plot the idea of ​​win-win cards, which kills the idea of ​​the game itself; The story “System” by Alexander Ivanovich Kuprin tells the story of an invincible gambler from Monte Carlo, who, because of his abilities, was denied access to their establishments by the casino owners.

see also

Notes

1. P. I. Lyublinsky“Gambling” // Great Soviet Encyclopedia, 1st edition, - M.: Soviet encyclopedia, 1926, T. 1, pp. 635-638
2. // Encyclopedic Dictionary of Brockhaus and Efron: In 86 volumes (82 volumes and 4 additional ones). - St. Petersburg. , 1890-1907.
3. Malygin V. L., Khvostikov G. S., Malygin Ya. V. Features of the characterological properties of pathological gamblers and psychopathological phenomena accompanying gambling // Applied information aspects of medicine. - Voronezh State Medical Academy named after. N. N. Burdenko, 2007. - V. 10. - P. 135-141. - ISSN 2070-9277.

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law defines the legal basis for state regulation of activities related to the organization and conduct of gambling on the territory of the Russian Federation and establishes restrictions on the implementation of this activity in order to protect the morals, rights and legitimate interests of citizens.

2. This Federal Law does not apply to the activities of organizing and conducting lotteries, as well as to the activities of exchanges.

Article 2. Legislation on state regulation of activities related to the organization and conduct of gambling

Legal regulation of activities related to the organization and conduct of gambling is carried out in accordance with the Civil Code of the Russian Federation, this Federal Law, other federal laws, laws of the constituent entities of the Russian Federation, and may also be carried out by other regulatory legal acts adopted in accordance with this Federal Law.

Article 3. State regulation of activities related to the organization and conduct of gambling

1. State regulation of activities related to the organization and conduct of gambling is carried out by:

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

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

3) issuing permits to carry out activities related to organizing and conducting gambling in gambling zones;

4) issuing licenses to carry out activities related to organizing and conducting gambling in bookmakers and sweepstakes;

5) identifying, prohibiting and suppressing the activities of persons engaged in organizing and conducting gambling in violation of the legislation on state regulation of activities in organizing and conducting gambling.

2. State regulation of activities related to the organization and conduct of gambling in accordance with this Federal Law is carried out by the Government of the Russian Federation, federal body executive power, authorized by the Government of the Russian Federation to carry out functions on legal regulation in the field of organizing and conducting gambling, other federal executive bodies of the Russian Federation within their competence, bodies state power subjects of the Russian Federation authorized to perform functions for managing gambling zones.

3. Inspection of the technical condition of gaming equipment is carried out by the federal executive body authorized by the Government of the Russian Federation, which exercises the functions of control and supervision of compliance with legislation on taxes and fees.

Article 4. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) gambling - a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of the gambling game according to the rules established by the organizer of the gambling game;

2) betting - a game of chance in which the outcome of a risk-based agreement on winnings, concluded by two or more bettors among themselves or with the organizer of this type of gambling, depends on an event for which it is unknown whether it will occur or not;

3) bet - funds transferred by a participant in a gambling game to the organizer of a gambling game or another participant in a gambling game and serving as a condition for participation in a gambling game in accordance with the rules established by the organizer of a gambling game;

4) winnings - funds or other property, including property rights, subject to payment or transfer to a participant in a gambling game upon the outcome of the gambling game, provided for by the rules established by the organizer of the gambling game;

5) gambling organizer - a legal entity engaged in organizing and conducting gambling;

6) activities for organizing and conducting gambling - activities aimed at concluding risk-based agreements on winnings with gambling participants and (or) organizing the conclusion of such agreements between two or more gambling participants;

7) gambling zone - part of the territory of the Russian Federation, which is intended for carrying out activities related to the organization and conduct of gambling and the boundaries of which are established in accordance with this Federal Law;

8) permission to carry out activities for organizing and conducting gambling in a gambling zone - a document issued in accordance with this Federal Law that grants the organizer of gambling the right to carry out activities for organizing and conducting gambling in one gambling zone without limiting the number and type of gambling establishments;

9) license to carry out activities for organizing and conducting gambling in bookmakers' offices and sweepstakes - a document issued in accordance with this Federal Law and granting the organizer of gambling the right to carry out activities in organizing and conducting gambling in bookmakers' offices and sweepstakes outside gambling zones, with a mandatory indication in the annex to it of the number and location of branches or other places of activity for organizing and conducting gambling in bookmakers and sweepstakes;

10) participant in a gambling game - individual taking part in a game of chance and entering into a risk-based agreement to win with the organizer of the game of chance or another participant in the game of chance;

11) gambling establishment - a building, structure, structure (a single isolated part of a building, structure, structure), in which exclusively the activities of organizing and conducting gambling and providing services related to gambling are carried out (including a branch or other place of carrying out activities for the organization and conducting gambling and providing gambling-related services);

12) casino - a gambling establishment in which the activities of organizing and conducting gambling are carried out using gaming tables or gaming tables and other gaming equipment provided for by this Federal Law;

13) slot machine hall - a gambling establishment in which the activities of organizing and conducting gambling are carried out using slot machines or slot machines and other gaming equipment provided for by this Federal Law, with the exception of gaming tables;

14) bookmaker's office - a gambling establishment or part of a gambling establishment in which the organizer of gambling makes bets with participants in this type of gambling;

15) totalizator - a gambling establishment or part of a gambling establishment in which the organizer of gambling organizes betting between participants in this type of gambling;

16) gaming equipment - devices or devices used for gambling;

17) gaming table - gaming equipment, which is a place with one or more playing fields and through which the gambling organizer conducts gambling between participants or acts as a participant through its employees;

18) gaming machine - gaming equipment (mechanical, electrical, electronic or other technical equipment) used for gambling with material winnings, which are determined randomly by a device located inside the body of such gaming equipment, without the participation of the gambling organizer or his employees;

19) cash desk of a bookmaker's office - a part of a gambling establishment in which the organizer of gambling makes bets with participants in this type of gambling and in which there is special equipment that allows taking into account bets, determining the result of gambling and paying out cash winnings;

20) betting cash desk - a part of a gambling establishment in which the gambling organizer organizes betting between participants in this type of gambling and in which there is special equipment that allows taking into account bets, determining the result of gambling and paying out cash winnings;

21) cash desk of a gambling establishment - the part of the gambling establishment in which the gambling organizer carries out transactions with funds and in which there is special equipment that allows carrying out these operations;

22) service area for gambling participants - a part of the gambling establishment in which gaming equipment, cash desks of the gambling establishment, totalizator, bookmaker's office, as well as other equipment used by gambling participants are installed;

23) service area of ​​a gambling establishment - a separate part of the gambling establishment, which is intended for employees of the gambling organizer and into which gambling participants are not allowed;

24) services related to gambling - hotel services, catering services, services in the field of entertainment events.

Article 5. Restrictions on the activities of organizing and conducting gambling

1. Activities related to the organization and conduct of gambling may be carried out exclusively by the organizers of gambling, subject to compliance with the requirements provided for by this Federal Law, other federal laws, laws of constituent entities of the Russian Federation and other regulatory legal acts.

2. Activities related to the organization and conduct of gambling can be carried out exclusively in gambling establishments that meet the requirements provided for by this Federal Law, other federal laws, laws of constituent entities of the Russian Federation, and other regulatory legal acts of the Russian Federation.

3. Activities for organizing and conducting gambling using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, are prohibited.

4. Gambling establishments (with the exception of bookmakers and sweepstakes) may be opened exclusively in gambling zones in the manner established by this Federal Law.

5. Gambling zones cannot be created on settlement lands.

Article 6. Requirements for gambling organizers

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

2. Legal entities whose founders (participants) are the Russian Federation, constituent entities of the Russian Federation or local government bodies cannot act as organizers of gambling.

3. The organizer of gambling is obliged to provide information necessary to monitor compliance with the requirements of legislation on state regulation of activities related to the organization and conduct of gambling. The composition and procedure for providing such information are established by the Government of the Russian Federation.

4. The gambling organizer is obliged to ensure the personal safety of gambling participants, other visitors to the gambling establishment, and employees of the gambling organizer while they are in the gambling establishment.

5. The organizer of gambling is obliged to comply with the rules established by the Government of the Russian Federation in accordance with this Federal Law for transactions with funds when organizing and conducting gambling.

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

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

2) 100 million rubles - for organizers of gambling in bookmakers and sweepstakes.

7. For the purposes of this Federal Law, the procedure for calculating the value of the net assets of gambling organizers is established by the federal executive body authorized by the Government of the Russian Federation.

8. The Government of the Russian Federation may establish additional requirements for gambling organizers.

Article 7. Requirements for visitors to a gambling establishment

1. Visitors to a gambling establishment are participants in gambling located in the gambling establishment, as well as other persons whose access to gambling establishments is not prohibited in accordance with this Federal Law.

2. Visitors to a gambling establishment cannot be persons under the age of eighteen.

3. The organizer of gambling has the right to independently establish rules for visiting a gambling establishment that do not contradict this Federal Law.

4. At the request of the employees of the gambling organizer, a visitor to a gambling establishment who violates the rules for visiting a gambling establishment established in accordance with this Federal Law must immediately leave the gambling establishment.

Article 8. General requirements to a gambling establishment

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

2. In a place accessible to visitors to the gambling establishment, the text of this Federal Law, the rules of gambling established by the gambling organizer and the rules for visiting the gambling establishment, a permit to carry out activities for the organization and conduct of gambling in the gambling zone or a license to carry out activities for the organization must be posted. and conducting gambling in bookmakers and sweepstakes.

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

4. The gambling equipment used in a gambling establishment must comply with the requirements of the legislation of the Russian Federation on technical regulation, technical regulations, standards, as well as other mandatory requirements and be owned by the gambling organizer. Documents confirming the compliance of gambling equipment with the specified requirements must always be on the premises of the gambling establishment.

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

Chapter 2. Gambling zones

Article 9. Creation and liquidation of gambling zones

1. Four gambling zones are being created on the territory of the Russian Federation. No more than one gambling zone can be created on the territory of one subject of the Russian Federation. If a gambling zone includes parts of the territories of several constituent entities of the Russian Federation, other gambling zones cannot be created on the territories of the corresponding constituent entities of the Russian Federation.

2. Gambling zones are created in the territories of the following constituent entities of the Russian Federation:

Altai region;

Primorsky Krai;

Kaliningrad region;

Krasnodar Territory and Rostov Region (this gambling zone includes part of the territory of each of these constituent entities of the Russian Federation).

3. The procedure for the creation and liquidation of gambling zones, as well as their names, boundaries, and other parameters of gambling zones are determined by the Government of the Russian Federation.

4. Decisions on the creation and liquidation of gambling zones are made by the Government of the Russian Federation in agreement with the state authorities of the constituent entities of the Russian Federation. At the same time, the boundaries of gambling zones are determined on the basis of proposals from government bodies of the constituent entities of the Russian Federation submitted to the Government of the Russian Federation.

5. Proposals on the boundaries of gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, are submitted to the Government of the Russian Federation on the basis of an agreement concluded between the state authorities of the relevant constituent entities of the Russian Federation.

6. The procedure for managing gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, the procedure for exercising in such gambling zones the rights granted to the constituent entities of the Russian Federation by the legislation of the Russian Federation on taxes and fees, the procedure for distributing funds from taxes and fees between the budgets of the relevant constituent entities of the Russian Federation fees to be credited to the budgets of the constituent entities of the Russian Federation are determined on the basis of an agreement concluded between the government bodies of the relevant constituent entities of the Russian Federation.

7. The validity period of gambling zones cannot be limited. The decision to liquidate a gambling zone cannot be made by the Government of the Russian Federation until ten years have passed from the date of its creation.

8. The decision to create a gambling zone may establish additional requirements for certain types of gambling establishments and other restrictions.

Article 10. Management of gambling zones

1. Gambling zones are managed by authorized government bodies of a constituent entity of the Russian Federation (hereinafter referred to as gambling zone management bodies). The governing bodies of gambling zones, which include parts of the territories of several constituent entities of the Russian Federation, are determined on the basis of an agreement between the state authorities of the relevant constituent entities of the Russian Federation.

2. Gambling zone management bodies:

1) carry out functions for organizing the interaction of state authorities, local governments, gambling organizers, as well as other persons in connection with the implementation of state regulation of activities related to the organization and conduct of gambling;

2) in the manner established by the legislation of a constituent entity of the Russian Federation (an agreement between government authorities of the relevant constituent entities of the Russian Federation), transfer land plots located in gambling zones to the organizers of gambling, as well as to other persons for ownership or lease;

3) carry out the functions of issuing, re-issuing and canceling permits to carry out activities for organizing and conducting gambling in the gambling zone;

4) exercise control over compliance by gambling organizers, as well as other persons, with the provisions of the legislation on state regulation of activities related to the organization and conduct of gambling.

3. Organizers of gambling in gambling zones have the right to create non-profit organizations, whose task is to organize interaction between gambling organizers and management bodies of one gambling zone, as well as other state authorities and local governments (hereinafter referred to as associations of gambling organizers).

4. Part of the functions of gambling zone management bodies may be transferred to an association of gambling organizers on the basis of an agreement, the procedure for concluding which is established by the legislation of the constituent entity of the Russian Federation (an agreement between the state authorities of the relevant constituent entities of the Russian Federation).

5. In order to monitor compliance by gambling organizers with the requirements of this Federal Law and other regulatory legal acts of the Russian Federation, gambling zone management bodies are required to provide reporting, the content and procedure for the submission of which are established by the federal executive body authorized by the Government of the Russian Federation.

Article 11. Criteria for selecting land plots for creating gambling zones

1. At the time of creation of the gambling zone, the land plots forming it should not be in the possession and (or) use of citizens or legal entities, with the exception of land plots that are provided for the placement and use of engineering infrastructure facilities and on which such facilities are located.

2. At the time of creation of the gambling zone on land plots, forming it, only objects that are in state ownership, in municipal ownership and not in the possession and (or) use of citizens and legal entities, with the exception of engineering and transport infrastructure facilities, can be located.

Article 12. Use of land plots in gambling zones

1. Land plots of gambling zones and (or) facilities located on them (with the exception of engineering and transport infrastructure facilities, as well as land plots on which such facilities are located) are transferred into ownership or lease to gambling organizers or other persons.

2. The transfer of ownership or lease of land plots located in gambling zones to gambling organizers or other persons is carried out by gambling zone management bodies in the manner determined by the legislation of the constituent entity of the Russian Federation (an agreement between government authorities of the relevant constituent entities of the Russian Federation).

Article 13. Permission to carry out activities related to organizing and conducting gambling in the gambling zone

1. A permit to carry out activities for organizing and conducting gambling in a gambling zone gives the organizer of gambling the right to carry out activities for organizing and conducting gambling in a gambling zone, subject to the requirements and restrictions established by the decision on the creation of the corresponding gaming zone.

2. Permission to carry out activities related to the organization and conduct of gambling in a gambling zone is issued by the gambling zone management body in accordance with the legislation of the constituent entity of the Russian Federation (an agreement between government authorities of the relevant constituent entities of the Russian Federation), including through an auction or competition.

3. A permit to carry out activities related to the organization and conduct of gambling in a gambling zone is issued without limitation of validity and is valid until the liquidation of the corresponding gambling zone. The permit to carry out activities related to organizing and conducting gambling in a gambling zone must indicate the date from which the gambling organizer has the right to begin carrying out the relevant activity, as well as the name of the gambling zone in which such activity can be carried out.

4. A permit to carry out activities related to organizing and conducting gambling in a gambling zone may be canceled by the gambling zone management body in the following cases:

1) liquidation in accordance with the established procedure of a legal entity that is an organizer of gambling;

2) non-compliance of the gambling establishment with the requirements established by this Federal Law;

3) violation by the organizer of gambling of the procedure established by this Federal Law for carrying out activities for organizing and conducting gambling, including in the case of carrying out activities for organizing and conducting gambling outside the gambling zone;

4) repeated violation the organizer of gambling has established the procedure for providing information provided for by this Federal Law, or identifying facts of unreliability of such information;

5) statement from the gambling organizer.

5. If, within three years from the date of receipt of permission to carry out activities for organizing and conducting gambling in a gambling zone, the gambling organizer has not started carrying out activities for organizing and conducting gambling in the corresponding gambling zone, this permit is canceled.

6. The decision to refuse to issue, re-issue or cancel a permit to carry out activities for organizing and conducting gambling in a gambling zone can be appealed in the prescribed manner to the court.

Chapter 3. Organization and conduct of gambling in bookmakers and sweepstakes outside gambling zones

Article 14. Procedure for opening bookmakers and sweepstakes

1. Activities related to the organization and conduct of gambling in bookmakers and sweepstakes may be organized outside gambling zones in the manner established by this chapter.

2. Bookmakers and sweepstakes (except for those opened in gambling zones) can be opened solely on the basis of licenses for carrying out activities for organizing and conducting gambling in bookmakers and sweepstakes, the procedure for issuing which is determined by the Government of the Russian Federation.

3. In bookmakers and betting shops located outside gambling zones, activities related to organizing and conducting gambling using slot machines and gaming tables cannot be carried out.

Article 15. Requirements for bookmakers and sweepstakes

1. Bookmakers and betting shops can only be located in buildings, structures, structures that are objects of capital construction.

2. Bookmakers and sweepstakes cannot be located:

1) in housing facilities, unfinished construction projects, in temporary buildings, in kiosks, under canopies and in other similar buildings;

2) in buildings, structures, structures in which children's, educational, medical, sanatorium and resort institutions are located;

3) in buildings, structures, structures of bus stations, railway stations, river stations, river ports, airports, stations and stops of all types public transport(public transport) urban and suburban communications;

4) in premises in which activities are carried out that are not related to the organization and conduct of gambling or the provision of services related to gambling;

5) in buildings, structures, structures that are state or municipal property and in which federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, state or municipal institutions and unitary enterprises are located;

6) in buildings, structures, structures in which religious and religious organizations are located.

3. Bookmakers and betting shops also cannot be located on land plots on which the objects specified in Part 2 of this article are located. Additional requirements for bookmakers and sweepstakes may be established by the Government of the Russian Federation.

Article 16. Final provisions

1. Gambling establishments that have the appropriate licenses, subject to their compliance with the requirements established by Part 6 of Article 6, Parts 1, 3-5 of Article 8, Parts 2 and 3 of Article 15 of this Federal Law, Part 2 of this Article, have the right to continue their activities until June 30 2009 without obtaining the permission provided for by this Federal Law to carry out activities related to organizing and conducting gambling in the gambling zone. In this case, the requirements established by Part 2 of Article 15 of this Federal Law apply to all gambling establishments, regardless of their type.

2. Gambling establishments must meet the following requirements:

1) gambling establishments can only be located in buildings, structures, structures that are objects of capital construction, occupy these facilities completely or be located in a single separate part of them;

2) a gambling establishment cannot be located in buildings, structures, structures of physical education, health and sports institutions (with the exception of bookmakers' offices and sweepstakes);

3) the area of ​​the service area for gambling participants in a casino cannot be less than eight hundred square meters, and it must contain a cash desk of the gambling establishment, a wardrobe, rest areas for visitors to the gambling establishment, and a toilet. The text of this Federal Law, the gambling rules established by the gambling organizer and the rules for visiting the gambling establishment, a license to organize and maintain sweepstakes and gambling establishments must be posted in a place accessible to visitors to the gambling establishment;

4) in the service area for gambling participants in a casino, at least ten gaming tables must be installed, and slot machines, betting and (or) bookmaker office cash desks can also be installed. Gaming tables and slot machines installed in a casino must be the exclusive property of the gambling organizer;

5) in the service area of ​​the gambling establishment there must be a room for rest of the employees of the gambling organizer, a specially equipped room for receiving, issuing and temporary storage of funds, a room for organizing the security service of the gambling establishment;

6) in the case of installation of slot machines in the service area for gambling participants in a casino, this gambling establishment is subject to the requirements established by paragraphs 8, 10 of this part;

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

8) in the service area for gambling participants, at least fifty slot machines must be installed in the slot machine hall, and there may also be cash desks for a betting shop and (or) a bookmaker’s office;

9) in the service area of ​​the slot machine hall there must be a specially equipped room or equipment must be installed for receiving, issuing and temporary storage of funds;

10) slot machines installed in the slot machine hall must be exclusively owned by the gambling organizer. Technologically based average percentage cash winnings each slot machine must be no lower than ninety percent;

11) in the service area for gambling participants in the bookmaker’s office there must be a bookmaker’s office cash desk, and there may also be a betting cash desk;

12) the organizer of gambling in a bookmaker’s office, using special equipment, is obliged to ensure acceptance, unified accounting, processing of bets and payment of winnings;

13) the organizer of gambling in a bookmaker’s office has the right to independently determine the event on which the outcome of the bet depends, except for cases established by federal laws;

14) the provisions of paragraphs 11-13 of this part also apply to the cash desks of bookmakers located in casinos and slot machine halls;

15) in the service area for gambling participants in the betting shop there must be a betting cash desk;

16) the organizer of gambling in a totalizator, using special equipment, is obliged to ensure acceptance, unified accounting, processing of bets and payment of winnings;

17) the organizer of gambling in a totalizator is obliged to provide gambling participants with the opportunity to observe the development and outcome of the event on which the result of the bet depends, including with the help of special equipment;

18) the provisions of paragraphs 15-17 of this part also apply to betting cash desks located in casinos, slot machine halls and bookmakers.

3. Control over compliance by gambling organizers with the requirements established by parts 1 and 2 of this article is carried out by the federal executive body authorized by the Government of the Russian Federation, which exercises the functions of control and supervision of compliance with legislation on taxes and fees.

4. For the relevant licensees, the validity period of licenses issued before the entry into force of this Federal Law and valid on the day of entry into force of this Federal Law for the organization and maintenance of betting shops and gambling establishments is extended until June 30, 2009, regardless of the period specified in the existing such licensees licenses.

5. From the date of entry into force of this Federal Law, the issuance of new licenses to carry out activities for organizing and conducting gambling and (or) betting is terminated, with the exception of licenses issued in accordance with this Federal Law for carrying out activities for organizing and conducting gambling in bookmakers offices and betting shops.

6. The activities of gambling establishments that do not meet the requirements established by parts 1 and 2 of this article must be terminated before July 1, 2007.

7. State authorities of the constituent entities of the Russian Federation have the right to make, before July 1, 2007, a decision to prohibit, starting from July 1, 2007, on the territory of the constituent entity of the Russian Federation (except for gambling zones) activities related to the organization and conduct of gambling (including in relation to individual species gambling establishments).

8. Decisions taken by state authorities of the constituent entities of the Russian Federation before the entry into force of this Federal Law on the prohibition of activities related to the organization and conduct of gambling (including in relation to certain types of gambling establishments), on the establishment of restrictions on this activity on the territory of the constituent entity of the Russian Federation ( with the exception of gambling zones) remain in effect.

9. The gambling zones provided for by this Federal Law must be created before July 1, 2007. The activities of gambling establishments that do not have the permission provided for by this Federal Law to carry out activities for organizing and conducting gambling in the gambling zone must be terminated before July 1, 2009, with the exception of bookmakers and sweepstakes that meet the requirements of this Federal Law.

10. Before the expiration of six months from the date of entry into force of this Federal Law, the Government of the Russian Federation and state authorities of the constituent entities of the Russian Federation must adopt regulatory legal acts necessary to implement the provisions of this Federal Law.

Article 17. On amendments to the Federal Law "On licensing of certain types of activities"

Introduce into paragraph 1 of Article 17 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3430; 2002, N 11, Art. 1020; N 50 ,

Art. 4925; 2003, N 2, art. 169; N 11, art. 956; N 13, Art. 1178; 2005, N 13, art. 1078; N 27, art. 2719; 2006, N 50, art. 5279) the following changes:

1) subparagraphs 76 and 77 are declared invalid;

2) add subparagraph 104 with the following content:

"104) activities related to the organization and conduct of gambling in bookmakers' offices and sweepstakes."

Article 18. On amendments to part two of the Tax Code of the Russian Federation

Introduce into paragraph 1 of Article 33333 of Part Two of the Tax Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2000, No. 32,

Art. 3340; 2004, N 45, art. 4377; 2005, N 30, art. 3117; N 52, Art. 5581; 2006, N 1, art. 12; N 27, art. 2881; N 43, art. 4412) the following changes:

1) subparagraph 72 is declared invalid;

2) add subparagraph 85 with the following content:

"85) for the following actions of authorized bodies related to the issuance of licenses to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes:

consideration of an application for a license - 300 rubles;

issuance of a license - 3000 rubles;

re-issuance of a license - 1000 rubles."

Article 19. On the recognition as invalid of certain provisions of legislative acts of the Russian Federation

Declare invalid:

1) paragraphs four hundred and thirty - four hundred and thirty-three of paragraph 5 of Article 2 of the Federal Law of November 2, 2004 N 127-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and some others legislative acts of the Russian Federation, as well as on the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation" (Collected Legislation of the Russian Federation, 2004, No. 45, Art. 4377);

2) paragraphs seventy-eighth and seventy-nine of subparagraph “a” of paragraph 9 of Article 1 of the Federal Law of July 2, 2005 N 80-FZ “On Amendments to the Federal Law “On Licensing of Certain Types of Activities”, Federal Law “On the Protection of the Rights of Legal Entities” And individual entrepreneurs during state control (supervision)" and the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2005, N27, Art. 2719).

Article 20. Entry into force of this Federal Law

1. This Federal Law comes into force on January 1, 2007, with the exception of paragraph 1 of Article 17, Articles 18 and 19 of this Federal Law.

2. Clause 1 of Article 17, clause 1 of Article 18 and Article 19 of this Federal Law come into force on June 30, 2009.

3. Paragraph 2 of Article 18 of this Federal Law comes into force after one month from the date of its official publication.

President of Russian Federation

Good afternoon

When it comes to gambling, the risk aspect is important. Therefore, in a chess situation, when everything depends on the skill of the players, there will definitely be no gambling.

Question: The organization is holding a chess tournament. According to the terms of the tournament, each participant is required to pay a certain amount of money as an entry fee, and the winner receives a prize, the value of which is several times higher than the price of the entry fee.
Is it legal to recognize this tournament as a game of chance for the purposes of applying Federal Law No. 244-FZ of December 29, 2006 “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation”?
Answer: If an organization holds a chess tournament, under the terms of which each participant is required to pay a certain amount of money as an entry fee, and the winner receives a prize, the value of which is several times higher than the price of the entry fee, the chess tournament is unlawfully recognized as a game of chance for the purposes of applying the Federal Law of December 29, 2006 N 244-FZ “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation.”
Justification: Based on paragraph 1 of Art. 1063 of the Civil Code of the Russian Federation, relations between the organizers of lotteries, sweepstakes (mutual betting) and other risk-based games - the Russian Federation, the constituent entities of the Russian Federation, municipalities, persons, and for lotteries - legal entities who have received from an authorized state or municipal body the right to conduct such games in the manner prescribed by law, and the participants in the games are based on an agreement.
In accordance with paragraph 1 of Art. 4 of Federal Law N 244-FZ gambling is a risk-based agreement to win, concluded by two or more participants in such an agreement among themselves or with the organizer of the gambling game according to the rules established by the organizer of the gambling game.
Thus, since during a chess tournament there is no agreement on winning, chess, in accordance with the All-Russian Register of Sports (approved by Order of the State Sports Committee of Russia dated January 15, 2004 N 22), is recognized as a sport; a chess tournament is not a game of chance.
E.V.Sosnov
Ministry of Finance of Russia
05.12.2011

Another opinion of the Ministry of Finance, more detailed, and here it says that even playing chess may be subject to gambling regulation:

Taking into account the provisions of Federal Law No. 244-FZ of December 29, 2006, if the holding of competitions (tournaments) in poker, chess, checkers is based on an appropriate winning agreement, this activity is recognized as gambling and, therefore, can be carried out exclusively in gambling zones.
In addition, the above-mentioned activities are subject to taxation in accordance with Chapter. 29 of the Tax Code of the Russian Federation.
Meanwhile, if the organization and conduct of competitions (tournaments) in poker, chess, checkers does not provide for a risk-based agreement on winnings, concluded by two or more participants in such an agreement between themselves or with the tournament organizer according to the rules established by this organizer, the holding Such competitions cannot be recognized as gambling and, therefore, can be carried out outside gambling zones.
Letter of the Ministry of Finance of Russia dated August 13, 2013 N 03-05-05-05/32720

Regarding tic-tac-toe and naval combat, everything is very ambiguous. It should be said that the game "tic-tac-toe", if the players are even slightly experienced in it, will always lead to a draw, there will be no winner. Sea battle based more on chance than on skill, a very borderline situation.