Without knowing the characteristics that games and bets must have, it will be impossible to give the correct qualification to the rights arising from the actions of interest. What actions are considered games and bets?

In both modern and pre-revolutionary literature, it was customary to characterize games and bets as transactions, rights and obligations in which they arise depending on the case, i.e. as risky or aleatory transactions. The antonym to the word “aleatory” is “commutative”.. K.P. Pobedonostsev called these transactions “agreements about the wrong and accidental” Pobedonostsev K.P. Civil law course. Ed. 4th. Part 3. Agreements and obligations. SPb., 1896. P. 557. In this case, there is a need to distinguish between gaming and betting transactions with other aleatory transactions, primarily with insurance (of property), rent and the contribution of property to authorized capital economic society A. Yanovsky, with reference to Russian pre-revolutionary practice and legislation, also cites following examples risky transactions: “purchase for luck” (i.e. purchase and sale of an item, the value of which cannot be determined in advance or changes periodically), “sale of a future harvest... an inheritance that has opened... or a process... bodmer loans. .. and forward transactions for the supply of exchange-traded goods and exchange-traded securities" (Yanovsky A. Risk transactions // encyclopedic Dictionary Brockhaus and Efron. T. 26-A. St. Petersburg, 1899. P. 804)..

In civil legislation, games and betting are dealt with in Chapter 58: “conducting games and betting.” It is interesting to note that before the entry into force of the second part of the Civil Code of the Russian Federation, aleatory transactions had practically no serious legal regulation. However, neither in Article 1062 nor in Article 1063 will we be able to find a definition of such transactions, much less contracts for games and bets. IN civil law There are disagreements regarding the classification of games and bets only as transactions, or as special types of contracts. However, the Civil Code of the Russian Federation itself, in paragraph 1 of Article 1063, indicates that the relationship between the organizer of games and bets and the participant is based on an agreement.

The Tax Code of the Russian Federation defines the agreement on conducting games and betting in Art. 364. Thus, “a game of chance is a risk-based agreement to win, concluded by two or more participants between 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).

A bet is a “risk-based agreement to win, concluded between two or more participants between themselves or with the organizer of a gambling establishment (the organizer of the totalizator), the outcome of which depends on an event that is not known whether it will occur or not.”

Despite this division, in civil law there are disputes about the relationship between games and betting, which is a product of the inaccuracy of paragraph 1 of Art. 1063. The legislator, indicating the subjects of the contract, the organizers of lotteries, sweepstakes and other games based on risk, as well as game participants, in the latter case includes under the concept of a game both a lottery, which is justified, and a bet, which is doubtful.

Resolving such an inaccuracy, Erdelevsky A.M. argued that “the concept of game includes the concept of betting and “the game itself.” From this provision he derived a definition of a gaming agreement in a broad sense: “a gaming agreement is a risk-based agreement between its participants to receive one or more of them a win depending on the outcome of the game, which is unknown in advance.” A counter-argument was given at one time by Nerush M.Yu.: “the concept of a bet is broader in scope than the concept of games; we can give the following definition of a bet: it is an agreement, under the terms of which each of the parties undertakes, if the other party’s statement regarding the occurrence of a certain, is correct, but an event unknown to the parties, to pay a certain amount of money in favor of the other party, or to perform another action" "Aleatory transactions in the aspect of contract law" / website of the Russian legal newspaper LAWYER http://www.gazeta-yurist.ru.

You should still agree with the first position, however, making some adjustments. Summarizing the controversial issue of correlating games and bets as generic or specific contracts, it seems necessary to point out the very wording of paragraph 1 of Art. 1063 of the Civil Code of the Russian Federation, where lotteries and sweepstakes are equated to “risk-based games”, let me remind you that a sweepstakes is a type of bet.

Obligations from games and bets are mostly of a natural nature, that is, a citizen, by concluding a game and bet agreement, is deprived of the right to defend himself against a claim. However, an exception has been made for the claims of persons who took part in games and bets under the influence of deception, violence, threats, malicious agreement of their representative with the organizer of the games or bets, as well as in the event of non-payment of winnings by the organizer, which gives rise to the right to claim compensation for losses caused by violation of the contract. The wording of Art. 1062, Art. 1063 of the Civil Code, in particular clause 3 and clause 5, seems incorrect.

Based on Art. 1062, demands of citizens and legal entities related to the organization of games and bets involving participation in them are not subject to judicial protection, except, excluding the above cases, the provisions of paragraph 5 of Art. 1063. However, paragraph 5 states that only if the game organizer fails to fulfill the obligation specified in paragraph 4 of this article, a participant who wins a lottery, totalizator or other games has the right to demand from the game organizer payment of the winnings, as well as compensation for losses caused by violation of the contract with the organizer's side.

Thus, the provision of paragraph 3 of Art. 1063, which states 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 their organizer compensation for real damage incurred due to the cancellation of the games or the postponement of their dates; with a literal interpretation of the norm, this is not subject to judicial protection. However, it seems necessary and true to extend the effect of the wording of clause 5 “violation of the contract on the part of the organizer” to the provision of clause 3, that is, to “the organizer’s refusal to hold games on time” and “cancellation of games and postponement”.

The claims of citizens and legal entities related to participation in games and bets, the organization and conduct of which was carried out by citizens without appropriate permission, with participation in lotteries, the organization of which was carried out by individual entrepreneur. It seems necessary to extend the right of judicial protection to all cases of failure to fulfill an obligation by a legal organizer or violation of a player’s rights, including indicating the applicability of nullity conditions to aleatory transactions. An agreement on games and betting concluded with a person under 18 years of age is void, as well as in a place not intended for games and betting, except for lotteries.

The nature of a lottery ticket is also controversial. So, according to Art. 142, a security is a document certifying, in compliance with the established form and mandatory details, property rights, the exercise or transfer of which is possible only upon presentation. In relation to a lottery ticket, it should be recognized that it meets the requirements of the provisions of the above article: it has a written form established by the issuer, a legally designated open list of details, and certifies the right to participate in the lottery. It seems possible to determine lottery ticket as a security under a condition that determines the possibility of exercising the basic rights to receive winnings on the security, but does not depend on the will of both the creditor and the debtor.

A lottery ticket has a dual nature of title and title documents, which defines it as a security only from the moment the winnings are established. When concluding a lottery agreement, it is the ticket that is the written confirmation of this legal fact, but the right to demand the game arises not from the ticket, but from the agreement itself.

Regarding the characteristics of the gaming and betting agreement, it is consensual, since rights and obligations arise from the moment an agreement is reached, for example, a lottery (buying a lottery ticket is an expression of acceptance), or real - from the moment the players made bets, that is, formed a bank .

The game and betting agreement is bilaterally binding, that is, the player, by placing a bet, enters into the game, therefore agrees to the obligation to comply with the terms of the game in order to determine the winner. Regarding the responsibility of the organizer, it is to pay the winnings. This agreement may be unilaterally binding in the case of a bet, when the obligation to pay the winnings lies with the organizer.

The parties to the agreement are the organizer of the gambling game - Russian Federation, subject of the Russian Federation, municipal entity, person engaged in organizing and conducting gambling; Gambler - an individual, in relation to a settlement forward, and a legal entity who takes part in a game of chance and enters into a risk-based winning agreement with the organizer of the game of chance or another participant in the game of chance. In relation to the lottery, only legal entities, but not individuals, can be organizers.

Any capable individual can become a player, however, as the legislator indicates, visitors to a gambling establishment cannot be persons under the age of eighteen (clause 2, article 7 of the Federal Law “On state regulation of activities for the organization and conduct of gambling and on the introduction of changes to some legislative acts RF No. 244 - Federal Law").

The form of the agreement can be either oral, including by performing implied actions, or written.

The price of the contract is the rate of the game or bet, as well as the cost of the lottery ticket. The essential terms of the contract, in addition to the price, include the terms of the games and the procedure for determining the winnings, its size. The rights and obligations of the parties are established by the contract itself; the legislator only provided for the obligation of the organizers to pay the winnings within the prescribed period, or within a period no later than 10 days from the date of determination of the results.

Based on the above provisions, civil experts consider it necessary to make the following amendments to the legislation:

• 1. Fix in Art. 1062 Civil Code of the Russian Federation precise definition aleatory transactions, subordinating the terms game and bet to this definition, while maintaining the essence of the agreement on games and bets as an agreement formalizing this transaction.
• 2. Extend the provisions on the nullity of transactions to agreements on games and bets, taking into account the place of conclusion of the agreement (gambling establishments within gambling zones, bookmakers and sweepstakes outside gambling zones), the age of the players, and also change the wording of Art. 1062 of the Civil Code of the Russian Federation, providing the right to judicial protection of violated rights (in paragraph 3 of Article 1063 of the Civil Code of the Russian Federation). Ensure that all players' rights are protected.
• 3. Extend the provisions on securities to the lottery ticket, naming it in Art. 142 of the Civil Code of the Russian Federation, and it should be pointed out that the requirement for winnings is not just a requirement from a contract, but a requirement from a security, which will provide higher protection of the right to winnings enshrined in the lottery ticket. In fact, upon presentation of a ticket, the provision of other title documents is not required, since the fulfillment of the obligation does not provide for any basis other than possession of the ticket.

The basis for the emergence of games and betting

The basis for conducting games and betting is a well-known civil law category - risk. Ever since Ancient Rome Transactions based on risk are usually called aleatory (from lat. alea- dice game) Today, certain issues of civil law regulation of games and betting are enshrined in Chapter. 58 Civil Code of the Russian Federation.

It seems that the basis for conducting games and betting is an agreement that connects the organizer’s offer (offer) with the achievement of an agreement to participate in the game or bet (acceptance). Responses of persons to the offer of the organizer or other participant to participate in the game under no circumstances entail the emergence of rights and obligations and cannot be considered unilateral transactions.

Gaming and betting agreement

In most cases, the agreement on participation in games and betting will be compensated(based on material gain) and real(provides for advance payment of a fee) In relation to games and bets, accession agreements can be widely used, which are expressed in standard forms (forms) developed by the organizer and accepted by the participant under the terms of Art. 428 Civil Code of the Russian Federation.

In each specific case, the procedure for concluding an agreement is determined by the organizers independently, incl. in the rules of the games. The proposal to conclude an agreement must contain essential conditions, which include: the duration of the games, the procedure for determining the winnings.

To protect the rights and interests of game participants, the law establishes conditions that cannot be changed unilaterally by the organizers. In particular, the winnings must be paid in the amount, form and period specified in the conditions of the games. If the deadline for paying out the winnings is not specified, it must be paid within 10 days from the date of the games.

Concept and content of games and betting

The Civil Code of the Russian Federation, as well as other regulations, does not contain a definition of games and bets, which causes difficulties for law enforcement officials in distinguishing these categories both from each other and from other civil transactions. The concepts of games and betting are very close in nature. What games and bets have in common is that they are based on an agreement, and the result is the winning of one side and, ultimately, the loss of the other side. Traditionally, the distinction between them is made based on the ability of participants to influence the outcome. So, if during a game its participants are able, through their actions, to influence the result, which must certainly occur, then when making a bet, the outcome of the event is unknown and its participants do not have the opportunity to influence it. Based on all of the above, we come to the conclusion that the following definitions of games and betting can be given.

A game- an agreement, by virtue of which the participants in the game promise one of them a certain gain, depending on the degree of dexterity of the participants, their combinational abilities, or to one degree or another on chance.

Bet- an agreement on a winning bet concluded by one or more participants with the organizer of games and bets, the outcome of which depends on an event regarding which it is unknown whether it will occur or not and on which the parties to the bet do not have the opportunity to influence by their actions.

In legislation and legal literature, the category “gambling” is separately distinguished, which can be defined as a game, participation in which allows one to acquire property or property rights, the result of which is determined by actions based on the case, in which the participant bears the risk of losing the bet made for right to participate in the game.

Based on Art. 1062 of the Civil Code of the Russian Federation, the demands of participants in games and bets and persons associated with the organization of these events are not subject to judicial protection. However, two exceptions have been made to this rule. First of all, this article provides that the claims of persons who took part in a bet under the influence of deception, violence, threat or malicious agreement of their representative with the organizer of games or bets are subject to judicial protection. This is the kind of protection that is provided only to the participants of a particular event, but not to its organizers. General provisions on invalid transactions and their consequences apply to such transactions (Article 179 of the Civil Code of the Russian Federation). Secondly, protection in the form of demands from the organizer of games for payment of winnings, as well as compensation for losses caused by violation of the contract on the part of the organizer, is provided to the participant of the game organized by state, municipality or with their permission.

Chapter 52. Conducting games and betting § 1. General provisions

Concept of games and betting. The word game in Russian has several meanings, which can vary depending on the context and the specific life situation. In the institution of civil law under consideration, a game is understood as a phenomenon that is traditionally designated by the phrase gambling (from the French hazard - chance, chance, risk). Based on the legal definition of gambling contained in Art. 4 of the Federal Law 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” (hereinafter referred to as the Gambling Law) *(973) , a game in civil law is understood as a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of a gambling game according to pre-established rules. An integral feature of a game in civil law is its risky nature, which requires the parties to consciously various options changes in their property sphere, the occurrence of which may depend on their own actions as players, on the actions of third parties or on the forces of nature.

A bet is a type of gambling in which the outcome of a risk-based winning agreement 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 (Article 4 of the Law about gambling). As can be seen from this definition, the occurrence of changes in the property sphere of bettors is in no way connected with their own behavior, but depends solely on the actions of third parties or the forces of nature.

Current legislation pays significant attention only to a narrow range of gambling games, including lotteries, games held in casinos, slot machine halls, bookmakers and betting shops. The lack of detailed regulation of other games, in particular various card games that have become widespread outside casinos, does not mean that they are outside the scope of civil law. Relations arising between participants in such games are regulated by general rules on games and betting, as well as general rules of civil law.

Sources of legal regulation. The rules governing the conduct of games and bets and participation in them are dispersed among several regulations. The most general provisions are enshrined in Chapter. 58 of the Civil Code, consisting of two articles - 1062 and 1063. They define: the grounds for the emergence of obligations from the conduct of games and bets; the range of subjects of the obligations under consideration; General requirements to the content of agreements on conducting games and betting; rules for the protection of rights arising from the obligations in question.

One of the main sources of regulation in this area is the Gambling Law, which contains legal definitions of such key concepts for the legal institution under consideration as gambling, betting, betting, winnings, gambling establishment; the rules for organizing and participating in games held in casinos, slot machine halls, betting shops and bookmakers have been established, including defining the subjects, objects and features of the content of the obligations from the conduct of the relevant games. The conceptual innovation of the Gambling Law is the establishment of territorial boundaries for the occurrence and fulfillment of obligations to conduct games in casinos and slot machine halls. According to Art. 9, 16 of the Law on Gambling, from July 1, 2009, the occurrence and fulfillment of these obligations will become possible not throughout the entire territory of the Russian Federation, but only in its certain parts, called gambling zones. Gambling zones will be located in certain areas of the Altai Territory, Primorsky Territory, Kaliningrad Region, Krasnodar region and Rostov region. Outside the gambling zones, transactions aimed at the emergence and fulfillment of the obligations in question will be considered invalid from July 1, 2009 on the basis of Art. 168 Civil Code.

Another source of legal regulation in this area is the federal law dated November 11, 2003 “About lotteries” (with amendments and additions) *(974) (hereinafter referred to as the Law on Lotteries). The Law on Lotteries contains legal definitions of the concepts of lottery, winnings, lottery ticket, defines the subject composition of the obligations of conducting lotteries, the objects of the obligations in question, the features of their content, types of lotteries, requirements for lottery tickets.

In order to implement certain provisions of the Law on Lotteries, in particular, the norms on all-Russian and regional lotteries, on maintaining a register of lotteries, the executive authorities of the Russian Federation and the legislative and executive authorities of the constituent entities of the Federation have adopted relevant laws and by-laws. Thus, the Government of the Russian Federation adopted Resolution No. 338 of July 5, 2004 “On measures to implement the Federal Law “On Lotteries” *(975) (hereinafter referred to as the resolution on lotteries). As for regional regulations, for example, in St. Petersburg the Law of St. Petersburg of 2005 “On state register regional lotteries of St. Petersburg" *(976) , as well as Decree of the Government of St. Petersburg dated October 1, 2004 N 1637 “On measures to implement the Federal Law of November 11, 2003 N 138-FZ “On Lotteries” *(977) (hereinafter referred to as the St. Petersburg resolution on lotteries). It should be noted that these regulations do not contain civil law norms, but regulate exclusively the relations of persons applying for the organization of regional lotteries with the authorities of the Russian Federation and its constituent entities.

The basis for the emergence of obligations from the conduct of games and bets.

The basis for obligations arising from the conduct of games and bets is an agreement concluded between the organizer of the game and the participant or directly between the participants.

Depending on the type of game and its subject composition, the contract in question can be either consensual or real. For example, an agreement between two citizens concluded on the outcome of a football match, based on the general rule of paragraph 1 of Art. 433 of the Civil Code and in the absence of any special rules will be consensual. On the contrary, an agreement concluded between the organizer of casino games and visitors, on the basis of clause 2 of Art. 433 of the Civil Code will be real, since according to paragraph 3 of Art. 4 of the Gambling Law, making a bet is prerequisite participation in the game. Reaching an agreement between the participant and the organizer in this case is not enough; The moment of concluding the contract is the moment the participant places a bet.

The agreement to conduct games and bets is compensated, since the material provision in the form of a bet made by one party is opposed by the likelihood of receiving material provision in the form of a win from the other party in the event of a positive result of the game. Due to the fact that the bet is not opposed to the winnings themselves, but only the probability of receiving them, this agreement is usually referred to as the so-called risk (aleatory) contracts.

Depending on the type of game and the subjective composition of the participants, the agreement on conducting games and betting can be either bilaterally binding or unilateral.

The contract in question is a conditional transaction, since the emergence of the rights and obligations of the parties depends not only on the fact of concluding the contract and its terms, but also on whether the result of the game turns out to be positive for at least one of the parties.

The agreement on holding games and betting concluded between the organizer and the participant is, as a rule, an agreement of adhesion. However, despite the fact that a commercial organization usually acts on the side of the game organizer, the contract in question is not public, since the entrepreneurial activity of the game organizer cannot be reduced to the sale of goods, performance of work or provision of services, which is necessary by virtue of Art. 426 Civil Code.

The essential terms of the agreement on conducting games and betting concluded between the organizer and the participant, in addition to the condition on the subject, are the conditions on the period of the game and the procedure for determining the winnings (clause 3 of Article 1063 of the Civil Code). The only essential condition of the agreement on holding games, the parties to which are exclusively the participants, is the condition on its subject.

The price is not considered by law to be an essential term of the contract for conducting games and betting. However, in the vast majority of cases, price acts as an essential condition of the contracts in question, since the need to agree on it arises at the will of the parties.

The form of the agreement on conducting games and betting is subject to general rules GK. Norm clause 2 art. 1063 of the Civil Code, according to which, in cases provided for by the rules for organizing games, an agreement between the organizer and a participant in the games is formalized by issuing a lottery ticket, receipt or other document, as well as in another way, in essence, it does not establish any special requirements for the form of the agreement in question. This rule contains only an approximate list of documents that can act as a written form of an agreement if, firstly, this is provided for by the rules of organizing games and, secondly, they include all the essential terms of the agreement. Taking into account Art. 12 of the Law on Lotteries, which contains mandatory requirements for the content of lottery tickets, it can be concluded that from the moment this Law comes into force, a lottery ticket represents a written form of an agreement on participation in the lottery. As for receipts and other documents issued during other gambling, since they, as a rule, are not detailed enough, they should be regarded mainly as possible evidence the fact of concluding a contract in case of a dispute.

Questions about the subject and parties of the agreement, the rights and obligations of the parties will be discussed in the next paragraph in relation to obligations from the conduct of games and bets.

• Section I Introduction to Civil Law
• Concept of civil law
  • Concept, subject and methods of civil law
  • Principles of civil law
  • Sources of civil law. Effect of normative legal acts in time, space and circle of persons
  • Civil law system
  • Civil law as a science and academic discipline
• Section II civil legal relations
• Concept, content and types of civil legal relations
  • Concept and signs of civil legal relations
  • Contents of civil legal relations
  • Types of civil legal relations
• Subjects of civil legal relations
  • Citizens (individuals) as subjects of civil legal relations
    • Civil legal capacity and legal personality
    • Civil capacity. Subjective right and legal obligation
    • Guardianship and trusteeship. Patronage
    • Citizen's name and place of residence
    • Recognition of a citizen as missing. Declaring a citizen dead
    • Civil status acts
  • Legal entities as subjects of civil legal relations
    • Formation, reorganization and termination of activities of a legal entity
    • Bankruptcy (insolvency) of a legal entity
    • Types of legal entities
    • Russian Federation, constituent entities of the Russian Federation, municipalities as subjects of civil law
• Objects of civil rights
  • The concept of the object of civil rights. Classification of things
  • Money and securities
    • results creative activity. Information. Results of work and services. Intangible benefits
• Grounds for the emergence, change and termination of civil legal relations
  • Concept of legal facts
  • Types and classification of legal facts
  • Concept, types and form of transactions
  • Conditions for the validity of transactions. Concept and types of invalid transactions
• Exercise and protection of civil rights
  • Exercise of civil rights and fulfillment of duties
  • Civil rights protection
• Representation
  • Concept and types of representation
  • Power of attorney. Types of powers of attorney
• Deadlines in civil law. Limitation of actions
  • Concept and types of deadlines
  • Expiration of limitation periods
• Section III Ownership and other real rights
• Property law and property rights
  • The concept of property rights
  • General provisions on property rights. Forms of ownership and forms of ownership
  • Contents of property rights
  • Acquisition and termination of ownership
  • Features of the content of property rights of various subjects of civil rights
    • Ownership of legal entities
    • The right of state and municipal property
  • Common property right
  • Property rights of persons who are not owners. Business law and law operational management. Easements
  • Protection of property rights and other proprietary rights
  • Ownership and other real rights to land
  • Ownership and other proprietary rights to residential premises
• Section IV Intellectual Property Rights
• The right to the results of intellectual activity and means of individualization
  • General provisions on intellectual rights and intellectual property
    • Exclusive rights to the results of intellectual activity
    • Civil legal methods of protecting intellectual rights
    • Copyright
    • The concept and content of rights related to copyright (related rights)
    • Patent Law
    • Right to selection achievement
    • Right to integrated circuit topologies
    • The right to a production secret (know-how)
    • The right to means of individualization of legal entities, goods, works, services and enterprises
    • The right to use the results of intellectual activity as part of a unified technology
• Section V Law of Obligations. General provisions
• Concept and types of obligations. Execution of obligations
  • Concept and grounds for the emergence of obligations
  • Parties to the obligation
  • Types of obligations
  • Concept and principles of fulfillment of obligations
  • Proper fulfillment of obligations
• Ensuring the fulfillment of obligations
  • The concept and system of ways to ensure the fulfillment of obligations
  • Penalty
  • Pledge
  • Hold
  • Surety
  • Bank guarantee
  • Deposit
• Change of persons in an obligation
  • Transfer of creditor's rights to another person
  • Debt transfer
• Liability for breach of obligations
  • Concept, forms and types of civil liability
  • Conditions of civil liability for violation of obligations
  • Grounds for exemption from civil liability
  • Amount of civil liability
• Termination of obligations
  • Concept and grounds for termination of obligations
  • Methods for terminating obligations
• General provisions of the contract
  • Concept and meaning of the contract
  • Contents and form of the agreement
  • Classification of contracts
  • Conclusion of an agreement
  • Change and termination of the contract
• Certain types of obligations
• Purchase and sale. Mena
  • General provisions on the purchase and sale agreement
  • Rights and obligations of the parties
  • Execution of the purchase and sale agreement and liability of the parties for its non-fulfillment
  • Retail purchase and sale
  • Goods supply
  • Supply of goods for state and municipal needs
  • Contracting
  • Energy supply
  • Property For Sale
  • Sale of the enterprise
  • Mena
• Donation
• Annuity and life support with dependents
  • General provisions on annuity
  • Types of annuity
• Transfer of property for temporary use
  • General rental provisions
  • Certain types of rentals and rentals individual species property
  • Renting residential premises
  • Free use
• Contract
  • General provisions on contracts
  • Types of contract
• Carrying out research, development and technological work
• Paid provision of services
• Transportation and transport expedition
  • Concept and types of transport
  • Forms of organization and types of contract for the carriage of goods
• Loan and credit
  • The concept of credit and settlement legal relations
  • Loan
  • Credit. Commodity and commercial loans
  • Financing agreement for assignment of monetary claim
• Bank deposit and bank account agreements
  • Bank deposit agreement
  • Bank account agreement
• Settlement obligations
  • General provisions on calculations
  • Settlements by payment orders
  • Settlements under a letter of credit
  • Payments for collection
  • Payments by checks. Bill of exchange
  • Storage in a warehouse
  • Special types of storage
• Insurance
  • General provisions on insurance
  • Insurance contract
  • Types and forms of insurance
• Assignment. Acting in someone else's interest
  • Order
  • Acting in someone else's interest without instructions
• Commission. Agency
  • Commission agreement
  • Agency contract
• Trust management property
• Commercial concession
• Simple partnership
• Public promise of reward. Public competition. Games and betting
  • Public promise of reward
  • Public competition
  • Games and betting
• Liabilities arising from causing harm
  • General provisions on compensation for harm. Certain types of liability
  • Compensation for harm caused to the life and health of a citizen, or due to defects in goods, works or services. Compensation for moral damage
• Liabilities due to unjust enrichment
• Section VII Inheritance Law
• Inheritance law
  • General provisions on inheritance
  • Inheritance by will
  • Inheritance by law
  • Acquiring an inheritance
  • Inheritance of certain types of property
• Section VIII Private International Law
• International private law
  • Concept, sources and norms of private international law
  • Legal status individuals in private international law
  • Legal status of legal entities in private international law
  • General principles of application of law
  • Ownership
  • Foreign economic transactions
  • Consideration of disputes in arbitration

Games and betting

IN last years In the Russian Federation, the number of games, bets and especially gaming establishments (casinos, gaming bars, computer gaming halls, etc.) has noticeably increased, where games and bets are often of a gambling nature and act as a source of enrichment for others and a cause of ruin and impoverishment for others. The state cannot be indifferent to these phenomena. It is no coincidence that casinos, gaming halls, etc. have now been moved outside the capital and major cities and special areas are allocated for them... However, the number of gambling and betting has not decreased because of this, they operate in major cities illegally, under other signs. Unfortunately, not all of them now fall within the scope of legal regulation, although some of them, classified as gambling, are regulated by Chapter. 58 Civil Code of the Russian Federation.

“Conducting games and betting”, others, with property winnings, but not gambling in the strict sense of the word, actions are regulated by Ch. 57 Civil Code of the Russian Federation. Everything else play activity human rights are indifferent.

Russian legislation, unfortunately, does not contain a detailed concept of gambling, so its content must be established through interpretation. Law is only interested in those games that involve the possibility of winning or losing. The game itself, as a process of pastime, which is not followed by summing up or announcing the result, has no legal purpose. But not every win (loss) moves the game into the realm of legal regulation. Thus, awarding a medal to the winner of a sports competition does not provide grounds for qualifying the corresponding game as gambling under Art. 1062 of the Civil Code of the Russian Federation. In this case, only a gain of a property nature (monetary or clothing) has legal significance, while a medal is only a symbol of victory, but not its monetary equivalent. Along with the chance to win in the game, there must be a risk of loss (and of a property nature). Finally, the most main feature gambling is the unpredictability of the result, its random nature. The outcome of a game of chess or checkers depends entirely on the skill of the players. Due to the fact that all the initial game data (arrangement of pieces) is known to the participants, the role of chance here is minimized, so even playing chess for money is not gambling within the meaning of Art. 1062 of the Civil Code of the Russian Federation.

From the point of view of the level of influence of chance on the outcome of the game, all games are classified into prestigious, commercial and gambling. Prestige games are those that are usually worn sports, the result mainly depends on the skills, abilities and other personal qualities of the players. The rules of commercial games, for example, preference or bridge, already introduce a significant element of chance into the game (card layout). But an equally important role is given to the skills of the players themselves: combinatorial abilities, memory, etc. Only in gambling is the influence of chance great, and here the personal qualities of the players are practically unable to influence the result.

Gambling is an agreement, the only basis of which is the possibility of one of the participants acquiring property benefits (winnings) at the expense of another participant upon the occurrence of random conditions determined by the rules.

Depending on whether players participate in the process of determining the winner, that is, whether the winning procedure is carried out or not, gambling is divided into betting and gambling itself (in the narrow sense of the word). A bet is an event on the basis of which one of the participants claims the existence (in the past or future) of a certain circumstance, and the other denies it, while the winner is the one of the disputants whose prediction turns out to be correct. Once the betting agreement is concluded, the winning party is determined automatically, depending on whether the disputed event occurred or not. If, to determine the winner, an additional procedure is required - drawing, i.e. a sequence of actions determined by the rules (for example, card moves) of participants, then this is not a bet, but a game of chance in the narrow sense of the word.

In addition, bets are classified into two types - betting and bookmaker bets - depending on the method of determining the amount of winnings. In a bookmaker's bet (for example, roulette or a cash lottery), the winning amount is fixed and does not depend on the number of players, the amount of bets made or the number of winners. Winnings in betting (for example, at horse races or races) will be greater the larger the prize fund, the higher the amount winning bet and lower probability of winning.

An agreement to conduct games or bets is usually interpreted as real, i.e. it is considered concluded from the moment when the players made their bets and formed the prize fund (“bank”). This scheme is convenient for the organizer of the games, because if he wins, he does not need to force the loser to pay the debt. However, nothing prevents the conclusion of a consensual agreement on the conduct of games or bets, if the rules of the game allow it.

The agreement to conduct a game is also considered compensated, since the property provision of one party (the player’s bet) corresponds to a counter provision of chances of winning from the game organizer. It is clear that the probability of winning is not always translated into reality, and it can be calculated in monetary terms and is also of a property nature.

Games and bets are risky. These are agreements in which one of the parties (the organizer) does not directly participate in the game and, therefore, does not risk their property; they are not agreements on gambling or betting. In such cases, we may be talking about a service agreement (for organizing a game), a rental agreement (for gaming equipment or space) or another transaction.

An agreement to conduct games or bets does not in itself give rise to obligatory relations between the parties. After all, an obligation is a legal relationship that mediates the movement of goods material goods from one person to another. And immediately after the conclusion of an agreement, there is no question of the transfer of material goods; it is unknown which of the participants will acquire property under the agreement and who will lose. Due to the fact that this agreement is always a conditional transaction, it is the occurrence of the condition provided for by the agreement that gives rise to the corresponding obligation. Hence, the obligation to pay the winnings arises on the basis of a complex legal structure, which includes two legal facts: the contract itself and the condition that has occurred. In games, this condition (the victory of one of the players) is realized by performing a sequence of unilateral actions of the players (for example, moves in card games). This probably explains why games and betting are traditionally studied among the obligations of unilateral actions.

According to Art. 426, 1063 Civil Code of the Russian Federation and Art. 2 of the Federal Law of July 31, 1998 No. 142 “On the Tax on Gambling Business,” it can be concluded that the agreement on conducting games or betting is not public. Meanwhile, the agreement in question is an independent type of civil contract and is governed not by the rules on the provision of paid services, but by Art. 1062 and 1063 of the Civil Code of the Russian Federation. At the same time, this agreement in most cases is an agreement of adhesion (Article 428 of the Civil Code of the Russian Federation).

Typically, obligations from contracts for games or bets are in kind. In this regard, obligations that are deprived of enforceable protection will be called natural, i.e. those in which the rights of the creditor are protected not by their own claim, but by refusal to satisfy the debtor. These are, for example, obligations with an expired statute of limitations (if the debtor declared the application of the statute of limitations and the court did not restore the missed period). After the expiration of the limitation period, the creditor can no longer demand the forced exercise of his right through legal proceedings. But if the former debtor, after the expiration of the limitation period, voluntarily fulfills such a natural obligation (regardless of the motives for the action), then subsequently he will no longer be able to demand the return transfer of the property given to the creditor. After all, fulfillment of a natural obligation is not considered fulfillment of an undue obligation and can be withheld by the creditor.

In the obligations under consideration, the winning party, as a general rule, cannot demand payment of the winnings through the court, as stated in Art. 1062 of the Civil Code of the Russian Federation, which deprives claims based on games or bets from judicial protection. However, if the debtor voluntarily pays his debt and then demands the return of what was paid, he also, on the basis of Art. 1062 of the Civil Code of the Russian Federation, the claims will be denied. The creditor will be recognized with the right to retain the winnings. But the law in regulating natural obligations is limited to this only.

Legally significant obligations arise from the contracts in question only in cases expressly provided for by law. These include obligations involving persons who took part in games or bets under the influence of deception, violence, threat or malicious agreement of their representative with the organizer of games or bets (Article 1062 of the Civil Code of the Russian Federation), and obligations that arise from state-authorized (licensed) ) gambling or betting (Article 1063 of the Civil Code of the Russian Federation). In all other cases, agreements on games or bets give rise only to natural obligations, and they are deprived of judicial protection.

The parties to the agreement to conduct a game or bet are the organizer and the participant (player). According to paragraph 1 of Art. 1062 of the Civil Code of the Russian Federation, the organizer of gambling or betting can be the Russian Federation, its constituent entities, municipalities, as well as entrepreneurs (individual or collective) who have received an appropriate license from an authorized state or municipal body. A player (bet participant) can be any legally capable individual.

As in all other civil law contracts, the subject - the size and procedure for determining the winnings - is an essential condition of the contract.

The amount that the player risks to win is the price of this contract and is most often called the bet. However, it is not one of the essential terms of the contract (clause 3 of Article 424 of the Civil Code of the Russian Federation).

The term of the gaming or betting agreement is always of significant importance. If it is not agreed upon by the parties, the contract is considered not concluded. But only the duration of the game or bet is significant, but not the payment of winnings. The latter may not be agreed upon by the parties, in which case it is equal to 10 days from the moment of summing up the results of the games (clause 4 of Article 1063 of the Civil Code of the Russian Federation). Typically, the timing of a particular game or bet is determined by its nature. Thus, having agreed to play roulette, the parties agree that the game will begin immediately after the end of the bets and will end when the roulette wheel stops. When agreeing on the subject of the contract, the parties often predetermine its duration.

The form of the contract in question is subject to the general rules of civil law on the form of transactions. The Civil Code of the Russian Federation proceeds from the fact that issuing a lottery ticket, receipt or other document to a player in cases where this is provided for by the rules for organizing games or betting is a way of formalizing an agreement (clause 2 of Article 1063 of the Civil Code of the Russian Federation). Of course, a lottery ticket or similar document is not the same as a written transaction. In this case, non-compliance with the mandatory written form of the contract is not given legal significance.

The main responsibilities of the betting organizer are to determine the winner of the dispute, calculate the winnings due to him and pay the latter. If the organizer’s prediction comes true, then he can take over the bet made by the losing player, due to the fact that the player does not bear any obligations to the organizer. In case of victory, the player has the right to demand payment of his winnings in the amount and form (cash or in kind) that were provided for by the betting rules.

To determine the winner of a gambling game, it is necessary to draw the prize fund with the participation of the player. The obligation of both parties to the contract is to perform the actual actions necessary for this. Both parties are obliged to play according to the agreed rules, otherwise it should be considered that the violator of the rules of the game, through his actions, unfairly contributed to (or, conversely, prevented) the occurrence of the terms of the deal (the conditions for determining the winner). The one who breaks the rules loses the game, and his opponent gets all the winnings. If a participant, and not the organizer, wins the game, the latter becomes obligated to pay him the winnings, similar to the obligation from a bet. Conversely, if a participant loses, the game organizer purchases his bet.

According to ch. 25 of the Civil Code of the Russian Federation, liability in this case is based on the standard scheme of civil liability.

The organizer of a game or bet who has not paid the winnings due to the participant is obliged to compensate him for the losses caused by this in full. In addition, the participant retains the right to demand payment of the winnings themselves (clause 5 of Article 1063 of the Civil Code of the Russian Federation). The player cannot recover the winnings due to him twice: the first time - in the form of lost profits, and the second - as the actual winnings. And this rule makes sense in cases where the winnings must be given out in kind (material) form.

Violation of the terms of the gambling agreement is possible even before the corresponding obligation arises. If the organizer can refuse to hold a game within the period established by the contract (cancel the game, postpone, etc.), in this case the law (Article 1063 of the Civil Code of the Russian Federation) obliges him to compensate only for the actual damage caused to the player. It is impossible to impose on the organizer of games the obligation to compensate for the loss of profit by the player when the organizer obviously had no chance of winning (if the game was not played).

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 their distinctive 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.

The absence in the Civil Code of the Russian Federation of a legal definition of the concepts of “game” and “bet” necessitates turning to the analysis of legal norms, as well as to theoretical research by 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 participants in the bet, or it has already occurred, but the participants do not know the essence of the circumstance or do not assume that it has already arisen” 1.

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.

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. 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 lack of a unified normative act, which includes not only a list of basic concepts in the field of organizing gambling, but also regulates in detail the social relations emerging in this area, determined the objective need to develop a single regulatory act aimed at eliminating the formed legal vacuum in the area under consideration, the adoption of which, for various reasons, was postponed until 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 certain legislative acts of the Russian Federation” (hereinafter referred to as the Gambling Law), which came into force on January 1, 2007, included a whole set of rules regulating the gambling industry.

Thus, Article 4 of the Gambling 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 a game of chance is the main feature of such a game in the field of civil law.

Social relations arising in the field of gambling and betting give rise to various rights and obligations among participants, for the protection and protection of which it is necessary to correctly qualify the substantive part of such legal relations. Such qualification will be impossible without establishing the characteristics characteristic of gambling and betting and allowing to identify the issues under consideration. institutions from a host of others.

The main distinguishing feature of the categories under study is the 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 through 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 the Latin alea - case) nature is beyond doubt.

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 medal to the winner of a sports competition 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 a game of chance, since the loser in it does not lose anything except prestige. This conclusion is not negated by the fact that for players participation in some sports competitions is paid. This fee is charged to cover the overhead costs of the competition organizers and is in no way related to the size of the possible cash prize, i.e. is not a bet in the game. The above allows us to attribute their property nature to one of the characteristics of aleatory transactions.

Unpredictability of the result, 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, which is discussed in paragraph 1.2. of this work.

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.

Now 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 to place the same risk of an unfavorable outcome of the game (resolution of the bet) on the counterparty as your own;

7. The motive for participating 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.

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 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” 2.

Along with identifying the features inherent in gambling and betting, establishing criteria that allow us to distinguish these concepts from each other and distinguish them from the general 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 games, since after drawing the winnings, 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 on holding games or bets, if the rules of the relevant game allow it.

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 game of chance or bet loses, then he loses his bet, that is, he transfers 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 reciprocity presupposes reciprocal and comparable provision.

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 proposes to classify all gambling according to two indicators. 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.

The authors include sports competitions as prestigious gambling games, 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 a sweepstakes will be greater, the larger the prize fund, the higher the amount of the winning bet and the lower the probability of winning 3 .

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 sue (neither in a material nor even in a procedural sense); to 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 in cases provided for 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; 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, arising 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.