What games are considered gambling by law? Is my activity related to gambling? Are lotteries classified as gambling?

When conducting research on such complex and multifaceted phenomena as gambling and betting, it is necessary, first of all, to make an attempt to define these concepts, identify and show them features.

The study of civil law norms regulating relations arising during the organization and conduct of games and bets is significantly complicated due to the lack of definitions of these concepts in the current legislation. The absence of a legal definition of the concepts of “game” and “betting” in Chapter 58 of the Civil Code of the Russian Federation distinguishes this chapter from other chapters of the Code devoted to regulation various types contractual structures, which already in the first article of each chapter contain a definition of the concept of the corresponding contract. An explanation for this approach was given, in particular, in the Commentary to the draft Civil Code, where it was stated that such concepts as game and bet are well known and do not need a special definition. However, this argument does not seem convincing enough, since law enforcement practice shows that questions about the scope of each of the treaties under consideration quite often arise in different situations.

The absence in the Civil Code of the Russian Federation of a legal definition of the concepts of “game” and “betting” necessitates turning to the analysis of legal norms, as well as theoretical research civil scientists.

For example, A.Yu. Kabalkin points out: “The term “game” has several meanings and therefore it is hardly possible to express its universal concept in relation to these relationships. In the literature, a game is recognized as an obligation by virtue of which the organizer must give a reward to the winning person, and victory in the game depends simultaneously on chance and on the abilities, dexterity and other qualities of the participant. As a result, the property of the game is that participants can influence its outcome. A bet also represents an obligation, but unlike a game, its participants express diametrically opposed positions regarding the existence of a certain circumstance. The latter may occur regardless of the will of the bet participants or has already occurred, but the participants do not know the essence of the circumstance or do not assume that it has already arisen” Kabalkin A.Yu., Comments on the Civil Code Russian Federation, part two (item by article) / Ed. HE. Sadikova, M., 2014. P.783-784.

Sharing this position, O.V. Sgibneva noted that “a game is an agreement by virtue of which its participants promise one of them a certain gain, which depends on the degree of dexterity of the participants, their combinational abilities, or to one degree or another on chance. Thus, a feature of the game is the ability of the participant to influence its outcome during the game. When betting, this possibility is excluded, since it is assumed that one of the parties who entered into an agreement asserts, and the other denies, the existence of a certain result that occurs independently of them. Consequently, when betting, the participation of the parties in the occurrence of these circumstances is excluded and only verification of the facts is assumed.”

In turn, M.Yu. Nerush defines games and bets as follows: “games and bets are contracts concluded for the purpose of enriching or satisfying the personal non-property needs of their participants and do not lead to the emergence of economic, entrepreneurial or commercial risks made under a suspensive condition.”

According to Yu.V. Bagno, gambling is an agreement based on a property interest, concluded between one or more participants (individuals or legal entities) and an organizer who has a license and (or) an agreement between themselves, the terms of which are known to the participants in advance, and the result depends on both the actions of the participants, and from the influence of chance; bet - an agreement based on risk and concluded between two or more participants (individuals or legal entities) among themselves or with the organizer for winning, the result of which depends on a circumstance for which it is unknown whether it will occur or not Bagno Yu.V. Civil regulation of relations arising from games and bets. Diss. Ph.D. legal Sci. Krasnodar, 2015 P. 34;.

Having considered the most interesting civil law views on the definition of the concepts of “game” and “betting”, it is necessary to turn to the analysis of normative sources regulating the relations developing in the sphere of organizing and conducting gambling and betting.

As already noted, in Chapter 58 of the Civil Code of the Russian Federation there are no definitions of the concepts of “game” and “betting”, which is partly compensated by their inclusion in tax legislation. Thus, in part two of the Tax Code of the Russian Federation, Chapter 29 “Tax on the gambling business” contains Article 364, which sets out the definitions of the basic concepts most often used in the gambling business. Tax Code of the Russian Federation of 05.08.2000 No. 117-FZ, Part two // Collection of legislation of the Russian Federation. 2000. No. 32. Art. 3340. (as amended on April 13, 2016).

Having abandoned the concept of “game”, the Tax Code of the Russian Federation operates with the terms “gambling” and “betting”, formulating its own definition for each of them. Thus, in accordance with Article 364 of the Tax Code, gambling is “a risk-based agreement on winnings concluded by two or more participants among themselves or with the organizer of a gambling establishment (totalizator organizer) according to the rules established by the organizer of a gambling establishment (totalizator organizer)” . From the meaning of the above norm it follows that the legislator excludes the situation when an agreement on winnings is concluded by one participant with the organizer of a gambling establishment, since he introduces the condition that the agreement must be concluded by at least two participants, therefore, the concept of gambling does not apply to business activities in the field of operation of slot machines, since a participant playing a slot machine essentially enters into an agreement to win with the organizer of a gambling establishment in one person. The word “gamble” comes from the French “hazard”, which means “case”, “risk”. Russian language dictionaries understand the word “excitement” as greasy passion, enthusiasm. See about this: Ozhegov S.I. Dictionary of the Russian language / Ed. N.Yu. Shvedova. M., 1988. P.20; Dal V.I. Interpretive dictionary of the living Great Russian language. In 4 vols. T.1. St. Petersburg, 1996. P. 6,. Consequently, Chapter 29 of the Tax Code of the Russian Federation does not apply to the relationship between the participant and the gambling establishment carrying out business activities in the field of operating slot machines.

The noted legislative shortcomings and the absence of a single regulatory act, including not only a list of basic concepts in the field of organizing gambling, but also regulating in detail public relations, emerging in this area, determined the objective need to develop a single regulatory act aimed at eliminating the existing legal vacuum in the area under consideration, the adoption of which was various reasons has been delayed for several years. New Federal Law of the Russian Federation No. 244-FZ of December 29, 2006 “On state regulation of activities related to the organization and conduct of gambling and betting and on amendments to some legislative acts Russian Federation" (hereinafter referred to as the Law “On the Regulation of Games and Betting”), which came into force on January 1, 2007, included a whole set of rules regulating the gambling industry, as amended by No. 121-FZ dated May 1, 2016.

Thus, Article 4 of the Law, along with other concepts, defines “gambling” and “betting”. The Law recognizes as a game of chance a risk-based agreement between the parties to win, concluded between two or more participants in such an agreement among themselves or with the organizer of the game of chance according to the rules established by the organizer of the game of chance (Clause 1, Article 4).

A bet, in turn, is defined by the legislator as a game of chance in which the outcome of a risk-based agreement on winning, concluded by two or more bettors among themselves or with the organizer of this type of gambling, depends on an event regarding which it is unknown whether it will occur or not (Clause 2, Article 4).

In this case, the relationship between the concepts of “gambling” and “betting” as generic and specific, where betting is a type of gambling, is clearly visible. At the same time, the legislator again excludes the possibility of a situation in which an agreement on winnings is concluded with the organizer of gambling activities by only one participant. It should be noted that, while revealing the content of the concept of “gambling,” the legislator does not indicate the dependence of a risk-based agreement on winnings on circumstances, the occurrence of which the parties have the opportunity to influence by their actions. And finally, the presence of an element of chance in gambling - main feature such a game in the field of civil law.

Social relations arising in the field of gambling and gambling give rise to various rights and obligations among participants, the protection and protection of which requires correct qualification of the content of such legal relations. Such qualification will be impossible without establishing the characteristics characteristic of gambling and betting and making it possible to distinguish the institutions in question from the mass of others.

Home distinctive feature categories under study is unpredictability of the result, its random nature, the occurrence of which, as already indicated, the parties either can or cannot have a certain influence on by their actions.

Due to the fact that the unpredictability of the result is the main qualifying feature of gambling and betting, their risky, or aleatory (from Latin alea - case) character is beyond doubt. As noted in the literature, “it is impossible for there to be chances of winning or losing without corresponding or opposite chances for the other party.” On approval of the regulations on licensing activities for organizing and conducting gambling in bookmakers and sweepstakes: Resolution of the Government of the Russian Federation of July 17, 2007 . No. 451 // Collection of legislation of the Russian Federation, 07.23.2007, No. 30, art. 3941,.

Despite the fact that those games that involve the possibility of winning or losing have legal significance, not every win (loss) transfers the game to the level of legal regulation. Only winnings of a property nature have legal significance, therefore awarding a winner’s medal sports competitions does not provide grounds for qualifying the corresponding game as gambling under Article 1062 of the Civil Code of the Russian Federation, since a medal, even if it is gold, is just a symbol of victory, but not its monetary equivalent. Along with winning, in all gambling games there must be a risk of loss, which is also of a property nature. For this reason, a tennis tournament with a prize fund will not be classified as gambling. On approval of the rules for conducting transactions with funds when organizing and conducting gambling: Resolution of the Government of the Russian Federation of July 10, 2007 No. 441, adopted in pursuance Federal Law“On state regulation of activities related to the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation // SZ RF, 07.16.2007. No. 29. P.3716. , since the loser in it loses nothing but prestige. This conclusion is not negated by the fact that for players participation in some sports competitions is paid. Such a fee is charged to cover the overhead costs of the competition organizers and does not in any way correlate with the size of the possible cash prize, i.e. is not a bet in the game. The above allows us to attribute it to one of the signs of aleatory transactions their property nature.

Since the activities of organizing and conducting gambling and betting can be carried out exclusively by the organizer, which can be a legal entity registered in the prescribed manner and obligated to conclude an appropriate agreement with everyone who applies to it, we can talk about the public nature of aleatory transactions. At the same time, in those agreements that are concluded between two or more participants in the game and bet without the participation of a professional organizer, the sign of publicity may be absent. In this case we're talking about about the so-called natural obligations “obligatio naturales”, known to Roman law, which, although recognized by law, nevertheless do not enjoy its protection. Roman jurists established two main features of natural obligations, which have not lost their relevance today: Firstly,“the creditor is deprived of the right to demand, the debtor, despite this having fulfilled the obligation, cannot demand back what was fulfilled”; Secondly,“under the name of natural obligations - in the technical sense of this expression, we mean relations that are devoid of enforceable protection, but capable of causing other consequences inherent in the law of obligations” Belov V.A. Game and betting as institutions of civil law / Belov V.A. // Legislation. 2015 No. 9,.

The unpredictability of the result, the proprietary nature and publicity, which are characteristic features of gambling and betting, are also inherent in some other civil contracts, for example, an insurance contract. Consequently, there is a need to distinguish them from other aleatory transactions - with property insurance and contribution to the authorized capital of a business company. All of the listed risk transactions are aimed at determining the rights and obligations of subjects to distribute the benefits and burdens of property, however, the reasons that prompted the participants to conclude these agreements differ from each other, therefore, as a criterion for differentiating aleatory transactions, it is proposed to consider the motive that predetermines the nature of the actions of the participants-acceptors .

Thus, in a property insurance contract, the motivation is to transfer the risk of accidental loss of this property to the insurer while retaining, however, the benefit of the property for the insured. The motive for contributing property to authorized capital business society is the transfer of the burden of productive use of property by the consumer to a professional entrepreneur in exchange for the benefit of income from this property. The party relinquishing the burden of maintaining and productive use of the property incurs certain costs in connection with this, in particular, pays insurance premiums or even alienates property to another person. Chance is the factor that forces the second party to enter into the expenses of such a relationship, making the relationship mutual and forcing the second participant to productively use the contributions received or other property in order to create a source for covering these expenses. Thus, the risk transactions mentioned above are transactions based on economic (entrepreneurial or commercial) risk, that is, the risk arising in connection with the implementation of business activities. By providing for the protection of the rights of participants in transactions aimed at redistributing economic (entrepreneurial, commercial) risk, civil law thereby helps ensure maximum efficiency of economic activity.

Agreements on gambling and betting do not give rise to any obligations between the parties. The winning party receives a profit without incurring any obligations towards the counterparty. As is known, an obligation is a legal relationship that mediates the commodity movement of material goods from one person to another, but immediately after the conclusion of an agreement on gambling and betting, there can still be no talk of any movement of material goods. Moreover, it is not even known which of the participants will acquire property and which will lose. In games and betting, the risk is never associated with the occurrence of an event that negatively affects economic activity their participants. At the same time, although a loss affects the player’s property status very negatively, it (the loss) is a consequence of participation in the game, and not entrepreneurial activity Nerush M.Yu. Games and betting: civil and forensic aspects. Diss. ...cand. legal Sci. M., 2015, pp. 45.

Another important feature of gaming and betting agreements is their conditional nature, since “the emergence of rights and obligations here is made dependent on a circumstance for which it is unknown whether it will occur.”

Since the contract for gambling and betting is a conditional transaction, it is the occurrence of the condition provided for by the contract that gives rise to the corresponding obligation in relation to the opposite party, while “the losing party only has the obligation to satisfy the winning party without acquiring the corresponding right” . In this case, the emergence of rights and obligations is made dependent on a suspensive condition. This opinion is based on the provisions of Art. 157 of the Civil Code of the Russian Federation, according to which a transaction is considered completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on circumstances regarding which it is unknown whether it will occur or not M.I. Braginsky, V.V. Vitryansky. Contract law. Book one. General provisions. M., 2001, p. 391.

Risk in games and bets is never associated with the occurrence of an event that negatively affects the economic (entrepreneurial, commercial) activities of their participants. The loss itself, of course, affects the player’s property status, often quite negatively, but the loss is a consequence of participation in the game, and not of entrepreneurial activity.

In other aleatory transactions, on the contrary, chance awaits their participants regardless of whether they conclude this transaction or not. In other words, “the motive in risky transactions is either fear of reality or hope for chance. The first type of calculation takes place in all types of insurance contracts. In the second case, the parties create artificial interest for themselves, giving random, sometimes very insignificant or insignificant events a special, by convention, meaning; These are the agreements on games, bets, and lotteries.”

Summarizing what has been said, we can highlight the following main distinctive features of gambling and betting:

• 1. The unpredictability and random nature of the result, the occurrence of which the parties either can or cannot have a certain influence on;
• 2. Risky (aleatory) nature;
• 3. The property nature of the winnings and the risk of losing;
• 4. Public in nature, except for cases when agreements are concluded between two or more participants in a game or bet without the participation of a professional organizer;
• 5. Conditional nature of concluded agreements;
• 6. The basis for participation in a game or bet is the assignment of the same own risk unfavorable outcome of the game (bet resolution) on the counterparty;
• 7. The motive for participation in a game or bet is either enrichment or satisfaction of personal non-property needs (for example, recognition, confirmation of leader status);
• 8. Participation in a game or bet does not lead to optimization of the distribution of economic, entrepreneurial and commercial risks of their participants.

It is worth noting that I.V. Mironov, offering his qualifications for gambling, calls “competition” the main feature that allows one to distinguish games from bets. According to this criterion, the game in all cases is a competition between participants, while in betting there is no open competition, since it is not the players themselves who compete, but the objects about which they argue I.V. Mironov. Problems of aleatory legal relations in Russian law. Diss. ...cand. legal Sci. M. 2013, pp. 136, .

Of great interest is the question of the criteria by which gambling and betting differ from each other.

IN modern literature The distinction between games and bets is almost unanimously accepted to be based on the ability of participants to influence the occurrence of winning or losing conditions. In the event that there is a possibility of such influence, we are talking about a game; in the absence of this possibility, the presence of a bet should be stated.

In support of the position under consideration, one can cite the statement of N.P. Vasilevskaya: “In the game, participants have the opportunity to influence its results. The situation is different with betting. A bet is an obligation in which one party asserts and the other denies the existence of a certain circumstance. The circumstance itself occurs independently of them.”

Along with identifying the signs inherent gambling and betting, by establishing criteria that allow us to distinguish these concepts from each other and distinguish them from the total mass of aleatory transactions, it is also advisable to determine the legal nature of these categories.

This question has not found an unambiguous solution in science. This is explained by the fact that in most cases the contract for gambling or betting is formulated as real, i.e. is considered concluded from the moment when the players made their bets and formed the prize fund (otherwise the “bank”). This design is convenient for the organizer of the games, since after the winnings are drawn, he will not need to force the loser to pay the debt, however, as rightly noted in the literature, nothing prevents the conclusion of a consensual agreement to conduct games or bets, if the rules of the relevant game allow it Civil law. Volume 2. Textbook. Third edition, revised and expanded / Ed. A.P. Sergeeva, Yu.K. Tolstoy. - M., 2001. P. 708.

The question of what types of transactions gambling and betting should be classified as: those that involve consideration (compensated) or those that do not need such representation (gratuitous). On the one hand, if a participant in a gambling game or bet loses, then he loses his bet, that is, he transfers the money free of charge to the winner without receiving anything in return. On the other hand, if the winning bidder receives an amount (property) several times greater than his own contribution (stake), he thus not only regains his own property, but also, in fact, receives money for free, while how remuneration involves reciprocal and comparable provision. It seems that it would be more correct to define the transactions in question as compensated. We should agree with the opinion of Yu.K. Tolstoy and A.P. Sergeev that “the compensation of the contract for holding games is due to the fact that the property provision of one party (the player’s bet) corresponds to a counter provision of chances of winning from the organizer of the games. Of course, the probability of winning does not always translate into reality. But it also has a certain value, equal to mathematical expectation winnings, which can be calculated in monetary terms and, therefore, also have a property nature” Civil law of Russia: Course of lectures. Part 2. Rep. ed. Sadikov O.N. P. 625.

In modern literature there is another position, according to which games and bets are one-sided transactions. So, for example, T.V. Soifer notes that “The basis for the emergence of a corresponding obligation is the unilateral action of the organizer of games or bets - the announcement of a specific game (bet) and its conditions. Such a one-sided transaction gives rise to certain obligations for the organizer of the game and rights for its potential participants. However, the obligations of the game organizer can be realized if one of the persons exercises his right and takes part in the game, that is, also makes a unilateral transaction” Civil Law. Textbook. Part 2. Under. ed. Zelenovsky V.V. M. 2014. P. 603.

V.A. holds a different point of view. Belov, who believes that relations between the organizers and participants of games and bets are not one-sided transactions: “The qualification of relations between the organizer and participants of games (bet) as relations of one-sided transactions directly contradicts the law, and common sense too. The announcement by the organizer of a game or bet is not a unilateral transaction, but a legal act.” The above statement also applies to offers to participate in a game (bet) made not by the organizer, but by one potential participant to another. In the case when the organizer himself takes part in the game (games with a dealer, games on slot machines, etc.), he bears all the responsibilities of both the organizer and the participant, and, of course, enjoys the rights of a participant Belov V.A. "Legislation". M. 2014. P. 14,.

However, the position of Yu.K. Tolstoy and A.P. seems to be the most correct. Sergeev, who note that “an agreement on conducting games and betting, depending on the content, can be either unilaterally or bilaterally binding. Bets are formalized by unilaterally binding contracts, in which the obligation (to pay the winnings) lies only on one party - the organizer of the bet (bookmaker or betting organizer). Gambling itself presupposes the presence of reciprocal obligations on all parties to the agreement, i.e. mediated by synagmatic agreements” Ioffe O.S. Law of obligations. M.: Gosyurizdat.2013.P.26.

Having examined the concepts of “gambling” and “betting”, establishing their most important distinctive features, and determining the legal nature of these phenomena, it is advisable to consider the question of the types of gambling and betting.

For example, A.P. Sergeev and Yu.K. Tolstoy propose to classify all gambling according to two criteria. The first of these is the degree of influence of chance on the outcome of the game, according to which gambling is divided into three types: prestigious, commercial and gambling. TO prestigious nitrogen The authors attribute games to sports, the result of which mainly depends on the skills, abilities and other personal qualities of the player. As for commercial games, for example, bridge or preference, their rules already introduce an element of chance into the game (card layout), but an equally important role in this case is also given to the skills of the players: combinatorial abilities, memory, etc. In gambling, the influence of chance is so great that the personal qualities of the players are practically unable to influence their outcome.

As another criterion for classifying gambling, the authors propose to consider the ability of players to participate in the process of determining the winner, that is, depending on whether the winning procedure is carried out or not. According to this criterion, A.P. Sergeev and Yu.K. Tolstoy divides gambling into betting and gambling itself (in the narrow sense of the word). It is noted that after the betting agreement is concluded, the winning party is determined automatically: depending on whether the disputed event occurred or not. In the same case, if to determine the winner it is necessary to carry out an additional procedure - drawing, i.e. The sequence of actions (for example, card moves) of participants determined by the rules does not take place as a bet, but as a game of chance in the narrow sense of the word.

Unlike gambling, there are no criteria for classifying bets. A.P. Sergeev and Yu.K. Tolstoy divides betting into two types - betting and bookmaker betting - depending on the method of determining the amount of winnings. In a bookmaker's bet, the amount of winnings is absolutely fixed and does not depend on the number of players, the amount of bets made or the number of winners; on the contrary, the winnings in the totalizator will be greater, the larger the prize fund, the higher the amount winning bet and lower probability of winning Braginsky M.I., Vitryansky V.V. Contract law. Book one. General provisions. M., 2013. P.434.

The logic of the concept considered is not objectionable, but it seems to require some addition and the inclusion of another criterion of “legal (civil) significance”, depending on which three types of gambling and betting should be distinguished.

• 1. Games and bets that give rise to obligations to pay winnings, but are not subject to judicial protection. This rule, enshrined in Article 1062 of the Civil Code of the Russian Federation, means that violation of obligations from the organization of games and bets, or obligations from participation in them, does not give rise to any protective civil legal relationship, the content of which would be the right to go to court for the protection of violated subjective right In this case, the protection of civil subjective rights arising from the organization and participation in gambling and betting, contrary to Article 11 of the Civil Code of the Russian Federation, is not carried out by the court. The winner does not have the right to claim (neither in a material, nor even in a procedural sense) against the loser for the recovery of a bet in a game or bet; therefore, property transferred in fulfillment of an obligation from a game or bet cannot, under any circumstances, be reclaimed, except as provided by law.
• 2. Games and bets that give rise to obligations to pay winnings, subject to judicial protection. Such games and bets are listed in clause 5 of Art. 1063 of the Civil Code of the Russian Federation and include games conducted by the state and its subjects; municipalities; by third parties with permission from the state or municipalities. In this case, the legal fact underlying the requirement for the issuance of winnings is the completed game or bet.

Clause 3 of Article 1063 of the Civil Code of the Russian Federation stipulates that if the organizer of the games refuses to hold them within the established period, the participants of the games have the right to demand from the organizer compensation for real damage incurred due to the cancellation of the game or the postponement of the game. Considering that the list of claims of game participants that are subject to judicial protection given in Article 1062 of the Civil Code of the Russian Federation is exhaustive, claims for compensation for actual damage incurred in connection with the cancellation of games or the postponement of their dates must be recognized as not subject to judicial protection.

3. Games and bets that do not give rise to obligations to pay winnings, but are subject to judicial protection. In this case, demands for the return of lost money that arose in the event of violence, the influence of deception, threats or malicious agreement of their representative with the organizer of games or bets are also subject to judicial protection (Article 1062 of the Civil Code of the Russian Federation). The legal fact underlying the emergence of a claim for the return of lost money, in this case, is the recognition of the completed game or bet as an invalid transaction and the fulfillment by the losing party of a non-existent obligation.

Conclusion: the concept of “gambling” is legislatively enshrined in the Federal Law “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation” dated December 29, 2006 N 244-FZ (current edition, 2016), in accordance with which, by “gambling”, means 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.

Good afternoon

When it comes to gambling, the point of risk 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 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”?
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, the relationship between the organizers of lotteries, sweepstakes (mutual betting) and other risk-based games - the Russian Federation, constituent entities of the Russian Federation, municipalities, persons, and for lotteries - legal entities that 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 between 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 the Federal Law of December 29, 2006 N 244-FZ, if the holding of competitions (tournaments) in poker, chess, checkers is based on an appropriate winning agreement, specified 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 founded in to a greater extent on chance than on skill, a very borderline situation.

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 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) bet - 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 places 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 bets to be taken into account, the result of gambling to be determined and cash winnings to be paid;

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 these operations to be carried out;

22) service area for gambling participants - a part of a gambling establishment in which gaming equipment, cash desks of a gambling establishment, betting shop, 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 a constituent entity of the Russian Federation (an agreement between government 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, 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 for 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 betting shops 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(transport common use) 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 the casino, at least ten gaming tables must be installed, and may also be installed slot machines, betting office and (or) bookmaker's office. 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 to organize and conduct 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 other legislative acts of the Russian Federation, as well as on recognition as lost the force of individual legislative acts (provisions of legislative acts) of the Russian Federation" (Collection of 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

The Final Revelation of the Almighty says:

They ask you about wine and gambling. Say: "They contain great sin, but there is also benefit for people, although there is more sin in them than benefit" (2:219)

When considering the problems of gambling from the point of view of Islam, the question arises, which of them are considered gambling and which are not.

The main criterion for determining gambling, according to some theologians, is the possibility random win or, conversely, loss. For example, in games where the winner is determined depending on which card gets to the player or what number appears when throwing dice, and so on. In addition, such games evoke a kind of psychological dependence, called excitement. If money is at stake, then the person who is in the red strives to win back everything he had, and therefore continues to play. The one who is in the black, on the contrary, expects to earn even more and supports the aspirations of his opponent, which ultimately, in most cases, leads to the fact that one person loses all his savings.

The sinfulness of gambling is precisely due, first of all, to the fact that the money won by one of the players was earned by him in an unlawful way, which means that for every ruble that a person earned in this way, he will be responsible on Judgment Day. As for those who lose their earnings, this is regarded as an inappropriate expenditure of funds, also called israf (waste), since the Almighty gave him this money so that he could feed himself and his family, put on shoes and clothes, help those in need, and not just “lost” in gambling.

In addition, the very process of such games is nothing more than a waste of time, because this activity does not bring any benefit to a person. In addition, often in gambling, many are guided by the principle “the end justifies the means” and resort to bluffing, deception, substitution of cards, etc., which are also sinful, since a person thereby deceives his opponents. Also, do not forget that gambling is often between people, since a draw is impossible here, and as a result, one remains in a winning position, and the other with nothing. The losing side, for obvious reasons, begins to harbor a grudge against its opponents, which, in turn, is fraught with negative consequences in the relationship.

Let's look at some types of popular games in society and the attitude towards them in Islam.

1. Backgammon

One of the common games during the time of the Messenger of the Most High, Muhammad (s.w.w.), was backgammon, which he prohibited: “The hand of a person playing backgammon is like a hand defiled by pork” (Muslim, Ibn Majah).

Based on this hadith, some scholars have banned playing backgammon completely, regardless of whether it is for money or for fun. Other theologians expressed the opinion that this hadith exclusively prohibits gambling in backgammon, that is, for money, and playing it for fun is permissible.

2. Maps

Cards are also among the most popular games in the world. Today there are many types of such games. It is believed that if people play cards for money, then such a game is forbidden, but if not, then it is permissible.

3. Chess

This activity causes a lot of controversy among Muslim scholars to this day. It is known that people, as a rule, do not play chess for money and do not become psychologically dependent on it, which means it is difficult to clearly call this game a gambling game. And among Muslim theologians there were three opinions. Some scholars, for example, the Hanbalis, consider chess to be a game of chance and therefore forbidden. Others classify them as mubah, that is, this game does not cause any harm or benefit. Still others believe that chess is a disgraceful activity (makruh).

4. Lotteries

Another gambling game that has become widespread is the lottery. A large number of people take part in it and the one with the winning ticket wins. There is a sign of randomness of winning, the monetary nature of the game, and also a high probability of the player falling into psychological dependence. Therefore, Islamic theologians clearly classify the lottery as gambling, that is, it is forbidden.

5. Sports betting

A type of lottery is sports betting when people try to guess the results of certain sports competitions and if they succeed, they receive a win depending on the amount and odds of the bet. This activity is also haram, since it undoubtedly bears all the signs of gambling.

6. "Roulette"

Gambling also includes “roulette”, in which the one who guesses the right number wins. Of course, such a game is also forbidden from an Islamic point of view.

7. Slot machines

Slot machines have historically enjoyed popularity around the world, many of which, due to bans in certain countries and regions, have also migrated to the Internet. All of them, of course, belong to gambling, and therefore are prohibited for Muslims.

Thus, when believers intend to enter into any game, they first of all need to beware of falling into grave sin. In addition, you should remember other rules when starting to play any game, for example, a computer one:

- You should not spend too much time playing games, since this leads to a waste of time called time, which is also undesirable. Spending a long time playing games, a person begins to devote less time to his family, relatives and friends.

- Games should not interfere with the religious practice of the believer: a person should always remember his duties to the Almighty, and therefore no activity should become a barrier to observing His instructions.

- You should not play games that are contrary to Islamic values and capable of driving a person to commit a sin, for example, strip cards.

- You must follow the rules of the game: If a person nevertheless decides to play something (in no case for money), then he should follow all the rules of this game and not deceive his opponents with all sorts of tricks.