244 fz on the organization and conduct of gambling with amendments

What do the amendments to Law No. 244-FZ on the betting business bring us??

Solution to the problem

Known, that the popular foreign payment systems Skrill / Neteller / ecoPayz will not be affected by these restrictions. Therefore, it would be quite reasonable to switch to them in settlements with poker rooms..

Russian electronic wallets such as qiwi and Yandex Money are still working flawlessly. These services easily make deposits to poker rooms and bookmakers. But how long will it last, and when to wait for the next tightening of Russian legislation is difficult to answer. Moreover, there are rumors on the Internet that Sberbank will take over the Yandex Money service..

So far, such tough measures have been taken only with respect to deposits. Cashew, usually, pass without problems. But how long will this last again be a big question.

Conclusion

Based on the above, we can assume, that most regs will easily bypass this ban, reseeding to e-wallets, and many have been using them for a long time. But the influx of new players from our country can greatly decrease. And old fish who do not want to bother with the transition to alternative methods can stop carrying their hard-earned money at the poker tables.

The situation for Russian gambling establishments

The bank's press service commented on this situation as follows. They declare, that they are guided by Russian law, and in particular by law No. 244. In which a ban on card payments in favor of foreign operators is clearly spelled out, organizing gambling. Gambling establishments located on the territory of the Russian Federation, this prohibition does not in any way apply. And you can make a payment without any restrictions.

With this prohibitive method, the government is trying to support domestic producers. Which is sometimes difficult to compete with more eminent foreign companies. Which in turn will increase tax revenues from Russian operators of the gambling industry.

These measures affected not only poker rooms, but also bookmakers, casino, other similar establishments. FTS has already compiled a list of companies, banned. And he will keep his finger on the pulse constantly updating it.

How the regulation of sports betting on the Runet will affect players?

It's not a secret to anybody, what is more competition in the market, the higher the quality of the services and products provided. To me as a player, naturally, I want to, so that I have a choice between many bookmakers, so that in the fight for me as a client, they pay more and more attention to the quality of their services. By the quality of services in the field of sports betting I mean the reliability and honesty of bookmakers, helpful and friendly support team, high odds and wide range of bets, as well as the speed of payments.

We discuss below about, How will the main points of the draft amendments to Law No. 244-FZ affect the quality of services?.

Additional 100 million rubles to enter the SRO

The current amendments make it even more difficult for small companies to enter the sports betting market. In addition to 500 millions of rubles of a bank guarantee will have to pay a fee to enter the SRO - 100 million rubles. Can, it's bad for business, but for me as a player it's kind of good. After all, earlier it was guaranteed that I would have been paid a prize of only 500 million rubles, and now whole 600 million. If serious, then I agree, what large companies should operate in this segment.

But the point is, that in Russia the concepts of a large company and a decent company correlate very weakly. Sometimes it seems to me, that they don't correlate at all. So, eg, the largest Russian office "FON" cannot be called an example of decency. They block the accounts of professional players, confiscate their balances and make refunds more often than others. Next on the list are "Betcity", Baltbet, "Zenith". We receive complaints about all these companies almost every day.. Meanwhile, companies, which are smaller, manage to solve most of the problems of their players at the stage of contacting support. Paradox, isn't it true? But no, everything is much simpler. Companies, which are smaller, trying to compete with the big ones by creating a company image with a good reputation. It turns out, what companies, showing decency to their clientele, not motivated, that they have enough funds for this, namely competition. Finally, additional 100 million will not be a serious hindrance for operating companies, but this innovation cannot be called a positive / useful change. Perhaps, this is a senseless and unjustified innovation.

Creation of a single center for recording rates and a single payment system

The rate accounting center was originally supposed to carry, obviously, a useful function of collecting market information - with the aim of using it later in the interests of the state, eg. But instead, amendments to the law provide for the creation of a unified payment system on the basis of this center., which will be allowed to take commission as from the player, and from the bookmaker's office. I dislike this item the most.. Because there are two options for using this lever:

1. Set an acceptable commission, which we - the players will ultimately pay for. Since it's not a secret to anyone, that the only method of covering the costs in the bookmaker's office is to increase the margin. It means, that odds in bookmakers will be lower, and we - the players - will win less or lose more (who is more comfortable).

2. Put such a commission, in which other offices do not want to work on the Russian market and "enjoy" the monopoly. I will not dwell on the dangers of monopoly. Everybody already knows, that under a monopoly the final consumer of services always suffers.

How exactly this lever will be used, We do not know. But I don't want to rely on the prudence of people and would rather, so that this possibility is completely excluded.

so, as a player I am against amendments, because they can only affect the players in a negative way.

The second position on this issue is my position as the owner of the site "Rating of Bookmakers".

How payment systems will work?

Payment systems, who work in the Russian market, are unlikely to want to risk their business, therefore they will abide by the law. To say exactly, how the innovations will affect the work of electronic payment operators, while it's difficult.

Currently, the list of illegal organizers of gambling on the FTS website has not yet been published.. The list of credit institutions includes banks and payment systems, which are registered in Russia.

На данный момент платежные системы Skrill и NETELLER являются альтернативой российским платежным системам в сфере трансграничных переводов. This is due to the, that these e-wallets are not tax residents of the Russian Federation, their activities are governed by UK law.

Unlike domestic payment systems, Skrill and NETELLER have the option of funding through more than just bank payments, but also bitcoins.

Who will block money transfers?

The article 5-1 it says, that blocking money transfers to illegal bookmakers and other organizers of gambling should be carried out:

  • payment agents;
  • credit institutions.

In this way, blocking of money transfers will be carried out by banks and other legal entities, whose activity allows you to accept payments from individuals.

The list of illegal bookmakers and other prohibited online gambling sites is included in the list of "prohibited recipients of money transfers". And now the law obliges the credit institution to refuse cross-border transfer of funds through:

  • cards;
  • bank account;
  • electronic money

to the organization, which is on this list. Paying agents are also not allowed to accept payments to such organizations..

According to the law, a legal entity can be included in the list of "prohibited recipients of money transfers", and was excluded from it either following the consideration of the relevant application, or following a court decision.

Wherein, The Russian government implements:

  • maintaining this list of "prohibited recipients of money transfers";
  • its provision to credit institutions;
  • as well as a list of credit institutions, which should block money transfers.

The list of illegal organizers of gambling will be published in periodicals, and will also be available on the official websites of the state body.

Description of the federal law 244

The law on gambling was adopted by members of the State Duma 20 December 2006 of the year, was approved a week later by the Federation Council. The document entered into force 29 December 2006. Since the law was passed, it has undergone many changes.. The latest revision of the gambling legislation falls on 28 Martha 2017 of the year.

This law regulates the legal basis of state control over the activities of institutions, who organize gambling. The law establishes restrictions on the conduct of this activity in order to protect the morality of citizens and the legitimate interests of the population.

ФЗ № 244 does not regulate the activities of organizations, holding lottery draws.

The bill consists of 3 head and 20 articles. The main provisions of this bill:

  • General Provisions. They include the subject of regulation, procedure for exercising state control, basic concepts, used in law, gambling business requirements, room requirements, where the gambling business is located;
  • Gambling zones. This chapter implies the conditions for the creation and liquidation of gambling zones;
  • The third chapter describes the rules for organizing and conducting risky entertainment in bookmakers outside gambling zones.. The opening procedure is indicated, demands, applicable to bookmakers and final provisions of this law.

An important component of the Federal Law "On state regulation of activities for the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation" is 5 article. This article describes the restrictions for the implementation of gambling:

  • organization and conduct of gambling is possible only with strict observance of the norms of this law;
  • gambling is allowed in special rooms, corresponding to the legislative norms of the law in question and other normative acts;
  • when conducting risky games, it is prohibited to use information and telecommunication networks, Internet and mobile communications;
  • gambling establishments should be opened only in special zones;
  • it is forbidden to create gambling territories in the zones of settlements;
  • by law, gaming institutions (bookmaker organizations) it is prohibited to accept bets by means of electronic money transfer.

Download FZ 244 about gambling business

The law banning gambling business in Russia implies special territories, which are allowed to create a gambling business. Where is the population allowed to gamble?. This Federal Law No. 244 defines territories for building such an institution.

Aspects of land selection are indicated in 11 article of this law:

  • Square, where the gambling business is created, should not be owned and used by citizens and legal entities. The exception is land plots, designed for engineering infrastructure facilities and for hosting the Olympic Games;
  • At the time of creation, objects may be located on the gambling territory, state-owned.

Based on the provisions 11 of the article there is a definition of land for the construction of a gambling business. IN 10 the article of this law specifies aspects of the management of gambling zones. According to the law, supervisory authorities have the right:

  • organize interaction between the gambling business and government authorities;
  • give out, reissue and revoke permits for gambling;
  • control the conduct of gambling;
  • provide authorized persons with reports on the supervision of gaming organizations.

According to Federal Law No. 244, authorized persons have the right to revoke a permit to conduct gambling in the following cases:

  • the gambling establishment does not meet all the requirements of the law;
  • entity, being the founder and organizer of the gambling business, is at the stage of liquidation;
  • the organizer of the gambling business violated the rules for conducting his activities outside the gambling zone;
  • the management of the gambling establishment repeatedly provides inaccurate information to authorized persons;
  • at the request of the head of the gambling business.

To learn all the nuances of doing business with gambling, you must study the full version of this law. You can download the latest version of the law "On state regulation of activities for the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation" here.

Article 1

Introduce into the Federal Law of 22 april 1996 year N 39-FZ “About the securities market” (Collection of legislation of the Russian Federation, 1996, N 17, Art. 1918; 2015, N 27, Art. 4001; 2016, N 27, Art. 4225; 2017, N 52, Art. 7920; 2018, N 18, Art. 2560; N 53, Art. 8440; 2019, N 25, Art. 3169; Russian newspaper, 2019, 5 December) following changes:

1) paragraph 4 articles 61 add a subparagraph 4 following content:

“4) bringing an investment advisor to administrative responsibility for illegal organization and (or) conducting gambling, for violation of the legislation of the Russian Federation on lotteries in terms of holding a lottery without a decision of the Government of the Russian Federation on its holding.”;

2) in article 391:

a) paragraph 1 add a subparagraph 15 following content:

“15) in case of bringing a professional participant of the securities market to administrative responsibility for illegal organization and (or) conducting gambling, for violation of the legislation of the Russian Federation on lotteries in terms of holding a lottery without a decision of the Government of the Russian Federation on its holding.”;

b) in the second paragraph of paragraph 3 the words “subparagraphs 2 – 12” replace with words “subparagraphs 2 – 12 and 15”.

What to expect for players?

Вступление в силу изменений «О государственном регулировании деятельности по организации и проведению азартных игр» может привести к тому, that many players, who bet online on illegal bookmaker sites or play in foreign poker rooms, face problems of replenishing game accounts and withdrawing money from them to the bank.

Currently, the changes have not affected foreign payment systems, including Skrill and NETELLER. Moreover, Russian legislation does not provide for blocking transfers of funds to credit institutions and payment agents (которыми и являются Skrill и NETELLER).
Recall, that by joining the VipDeposits program + Skrill или/и VipDeposits + NETELLER, you can get Silver status immediately after account verification and use an electronic wallet with practically no commissions and restrictions. Learn more about Skrill Silver benefits here, You can read about the benefits of using NETELLER Silver here.

Article 2

Introduce into the Federal Law of 29 December 2006 year 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” (Collection of legislation of the Russian Federation, 2007, N 1, Art. 7; 2010, N 17, Art. 1987; 2011, N 24, Art. 3358; N 30, Art. 4590; 2012, N 43, Art. 5781; 2014, N 30, Art. 4223, 4279; 2017, N 49, Art. 7330; 2018, N 53, Art. 8405; 2019, N 27, Art. 3534) following changes:

1) article 5 add parts 7 – 9 following content:

“7. To activities for the organization and conduct of gambling, which can be carried out by the organizers of gambling exclusively in casinos and slot machine halls, located in gambling zones, refers to the conclusion with an individual or at his expense an agreement, under which the obligation to perform (otherwise terminated) commitments, enforceable by a party or parties to such an agreement, comes earlier than the third day after the day of his imprisonment, including in case, if an individual is given the opportunity to use funds, which must be received by an individual as a result of the execution (otherwise terminated) obligations under such an agreement, for the conclusion of other agreements earlier than the third day from the date of the conclusion of such an agreement, and duty of performance (otherwise terminated) obligations under such an agreement is made dependent on:

1) changes in commodity prices, securities, relevant currency rate, interest rates, inflation rate, values, calculated based on the prices of financial derivatives, values ​​of indicators, constituting official statistics, values ​​of physical, biological and (or) chemical indicators of the state of the environment;

2) occurrence of a circumstance, testifying to non-performance or improper performance by one or more legal entities, by the state or municipalities of their duties;

3) other circumstance, about which it is unknown, will it come or not (excluding win agreements, concluded in the implementation of activities for the organization and conduct of gambling in bookmakers and sweepstakes);

4) changing values, calculated on the basis of one or a combination of several indicators, provided for in this part.

8. Conclusion of an agreement, foreseen in part 7 of this article, carried out by organizers of gambling in casinos and slot machine halls, located in gambling zones, regardless of the fact and (or) a way to carry out arithmetic and other mathematical transformations of data and information about the conclusion, on the execution and termination of such an agreement or on the actions of its parties in visual images, pictures and symbols, including identical or similar to the degree of confusion with visual images, drawings and symbols, which are used for gambling in casinos and slot machine halls.

9. Part provisions 7 of this article do not apply to contracts, concluded in organized tenders, as well as contracts, concluded by a forex dealer.”;

2) part 10 articles 6 add the following sentence: “The organizer of gambling at the bookmaker is obliged to provide a copy of the bank guarantee no later than 10 calendar days after it was received or reissued or information on the termination of the obligation under a bank guarantee to the federal executive body authorized by the Government of the Russian Federation, exercising state supervision in the field of organizing and conducting gambling.”;

3) part 2 articles 8 after the words “payments of winnings,” add words “information about a bank guarantee for the fulfillment of obligations to gambling participants, relevant part 10 articles 6 of this Federal Law, including information, under paragraph 4 articles 368 Civil Code of the Russian Federation, and information on the list of documents, required to submit a claim for the payment of a sum of money under such a guarantee,”.

The spectacle is not for argument

Most questions from the expert community are caused by the category “spectacular and entertainment events”. “The text of the document does not currently contain a detailed explanation, what kind of events of this kind might be available for betting, – believes Pavel Danilin, General Director of the Center for Political Analysis. – for example, The Bolshoi Theater broadcasts its performances live. But it's absurd to take bets on that, let's say, whether the performer will spin the main fouette part or not”. If there is no clear definition of unsportsmanlike events in the draft law, then, the political scientist thinks, “under the guise of entertainment and entertainment events, scammers will arrange all sorts of jokes and quizzes, under which, in its turn, very convenient to disguise slot machines and illegal betting business”.

Danilin considers the main negative consequence of the adoption of the law in its current form “criminalization and rollback in the dashing 90s” betting industry, which “in recent years, with great efforts, it has reached a civilized level and won the trust of Russians”.

Law abiding bookmakers, and some of them are actively involved in the preparation and discussion of the bill, pay attention to the same risks. “Classic bookmaking all over the world – this is sports betting

I'm talking “rates” – mean “sport”, – emphasizes the President of the First Self-Regulatory Organization of Bookmakers in Russia Yuri Krasovsky. The share of non-sporting events, such as Nobel Prize ceremonies or “Oscar”, according to Krasovsky, in the organization of the bet is “Total 0,3% of the total bets – there is practically nothing in the structure of bookmakers' income”. but, according to the expert, if you do not define the criteria for entertainment and entertainment activities, then this can lead to an increase in bets on non-sporting events, and such bets can mislead players and become an object of manipulation.

“All the years of formation of the betting market its participants, regulators, supervisory authorities make every effort to ensure, so that the industry is associated exclusively with sports, – says Yuri Krasovsky

– It is important to preserve these achievements and further develop the civilized market.”

However, he is sure, what if the same quizzes are legalized, must be protected from involving minors in betting and “limit broadcasts by time: only from ten in the evening until seven in the morning, and they should occupy a small amount of air”.

Also, participants in the betting market consider it important to establish a legal ban on the use of visualization.. Pictures in slot machines, emphasized Krasovsky, “have nothing to do with smart bookmaking and only discredit the industry”. He recalled, that the bookmakers themselves have long and consistently advocated limiting the list of events on rates and on their own are constantly trying to counteract pseudo bookmakers and scammers.

The problem of illegal slot machine halls and underground casinos is especially acute., disguised as bookmaker companies

Profile Committee of the State Duma on Economic Policy, industry, presented his vision of the bill to innovative development and entrepreneurship in early April. According to parliamentarians, the law should include a provision stating, that bookmakers cannot accept bets on events, the outcome of which “depends on the actions of the gambling organizer, its employees and participants in gambling”.

MPs find it important to emphasize in the document the impossibility of betting on youth sports competitions – the corresponding law was signed by the head of state at the end of last year. Detailed explanations, believe in the State Duma, the procedure for organizing bets on the outcome of political events also requires.

As Danilin recalls, previously, the authorities and bookmakers managed to come to a consensus and jointly improve the sectoral legislation in this way, that the legal betting market began to develop actively, – according to a political scientist, last year he reached 1,15 trillion rubles. Danilin expressed confidence that, that the upcoming bill will become “another very important document for the further stable development of the industry”.

Deposit using Sberbank Online and using other cards

Currently, only players using a Sberbank card are faced with the problem of replenishing an account. And that is not in all cases. Sometimes payments go through without problems. Situations are not uncommon, when, after receiving a refusal, the player tried to make a deposit again. And it was successfully carried out. There is also information about, that there are no problems when replenishing an account in a poker room through Sberbank Online.

Judging by the fact, that the largest Russian bank began to comply with Federal Law No. 244, this step with a high degree of probability can be expected from other banks. Until this happens, you can use a card of another bank to conduct transactions with foreign gambling operators. But no one will tell you exactly how long this opportunity will be available..

Viking Lottery numbers

Lottery includes lottery, where six numbers and two additional numbers are drawn. The player can select six numbers in the base line 48:and the price of one basic lottery line is 0,80 euros. One player at a time can play the basic lines 20 pieces. There are, of course, systems available 7 †“ 11 numbers and their line numbers range from seven to 462:song.

Playing lottery systems is quite easy and they are handy so that knowing how to win immediately knows it, that the amount of winnings multiplies. If, for example 10 the number system would happen to hit 5 number correctly, will result, of course 5 right several times and on top of that many times smaller sub-wins. Fortunately, you can find out the result quickly through Veikkaus' website, so you don't have to start counting it yourself.

In the Viking Lottery there is a lucky number †“lottery, which is free for players to participate. Before the actual draw, one number is drawn, which acts as a lucky number. If the lucky number hits the actual Viking Loto number series, triggers a prize pool for the winners. The extra payout can be up to millions of euros, for every Viking Lotto line played accumulates in that pot 3,4 cents.

For the common good

The concept of entertainment and entertainment activities, available for bookmaker bets, need to be as specific as possible – many experts agree with this. Here is the opinion of Alexei Mukhin, General Director of the Center for Political Information: “Hopefully, the authors of the bill understand, what are the pitfalls in these amendments, and make optimal adjustments to, for the new law to achieve the main goal – counteracting the shadow segment”

According to him, the share of the illegal sector in recent years has decreased from 70% to 40%, and “it is important to continue to block the activities of those, who pretends to be bookmakers, and not open loopholes in the law for swindlers”

To a large extent, the ban on transferring funds to offshore bookmakers and other measures to combat fraudsters in the online segment contributed to ridding the bookmaker industry of illegal immigrants.. Today, the problem of illegal slot machine halls and underground casinos is especially acute., disguised as bookmaker companies. Only in Moscow alone last year on the facts of illegal gambling activity was initiated 76 criminal cases, and across the country the scale of the disaster is much larger. Illegal establishments are identified and closed regularly, but they continue to multiply.

“This is also due to the fact, that there is still a high demand for gambling in society, – says Alexey Mukhin. – Certainly, this is a serious problem: a large number of people become addicted, and gambling addiction, in its turn, leads to an increase in crime”. The expert warned against taking “rash decisions, which can lead to discontent in society”. In general, he considers the idea of ​​limiting events by rates to be useful for the industry, as the law will provide “new tools to effectively combat the shadow sector”, and for the state – “the more opportunities the bookmakers have to develop their market, the faster will the companies' contributions to the treasury and sports grow”.

Experts emphasize, that bookmakers not only play an important role in maintaining public interest in sports in its various forms, but also participate in financing sports organizations. FROM 2017 year bookmaker companies are required to make targeted contributions to the development of sports – 5% from their quarterly income, but not less 15 million rubles. In total, federations and leagues have already received a billion rubles from the industry in recent years. And in 2019 year, bet organizers plan to send 3 billion rubles of earmarked allocations. And this, according to market experts, just the beginning of fruitful cooperation between bookmakers and sports organizations.

At the same time, experts insist, that the financial effect is possible only from direct bookmaker activities. “The law clearly defines the obligation of bookmakers to transfer money from bets on the outcome of sports events, – reminds Mukhin. – Targeted payments from bets on non-sporting events are not legally formalized. Expect, that money will flow from quizzes, hardly possible. Such activity will immediately go into a gray area and, as in the 90s they did not pay anything – no taxes, no other deductions, will never pay”. According to the political scientist, “they, who is in favor of filling the treasury from bets on entertainment and entertainment events, are cunning and are engaged in substitution of concepts”

Therefore, for the further development of events “in a positive way” important, so that the efforts of the state and market participants “did not turn out to be meaningless due to ill-considered or hastily adopted amendments to the legislation”

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