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As a rule, every person at least once in his life took part in the lottery. The possibility of winning, especially with a large amount prize fund, always attracts the attention of a large number of people. And, of course, big money attracts various kinds of scammers. Therefore, legislative regulation of the organization of lotteries is quite relevant.
In Russia, such a legislative act is the federal law dated November 11, 2003 No. 138-FZ "On lotteries".
The organizer of the lottery by virtue of paragraph 6 of Art. 2 of Law No. 138-FZ is a federal executive body authorized by the Government of the Russian Federation in the prescribed manner to conduct a lottery. Moreover, all lotteries in the Russian Federation can be held only by decision of the Government of the Russian Federation.
According to the concept, which is enshrined in the specified law, a lottery is a game that is carried out in accordance with an agreement, and in which one party (the lottery operator) draws the prize fund of the lottery, and the second party (the lottery participant) receives the right to win if it is recognized winning in accordance with the terms of the lottery. The agreement between the lottery operator and the lottery participant is concluded on a voluntary basis and is formalized by the issuance of a lottery ticket, lottery receipt or electronic lottery ticket.
The lottery operator can only be a Russian legal entity that has entered into a contract with the lottery organizer to conduct the lottery. The lottery operator is determined by the results open competition.
For lottery operators, the legislator has established restrictions. So, a lottery operator cannot be a legal entity, the head, members of the collegial executive body or the chief accountant of which are persons who have a criminal record for crimes in the field of economics.
The lottery operator also cannot be a legal entity, head, founders, whose participants could influence the conduct of the lottery, during which they did not fulfill or were fulfilled in violation of the obligation in terms of transferring earmarked deductions and other payments stipulated by the contract.
Federal state supervision over the conduct of lotteries is carried out by the Federal Tax Service. For violation of the rules of organizing and conducting the lottery, administrative liability is provided.
In accordance with Part 1 of Article 14.27 of the Code of Administrative Offenses of the Russian Federation, holding a lottery without a decision of the Government of the Russian Federation on its holding, or without concluding a contract with the lottery organizer for holding the lottery, or after the expiration of the established period for holding the lottery, or distribution (sale, issuance) lottery tickets, lottery receipts or electronic lottery tickets or acceptance of lottery bets among lottery participants without concluding an agreement in accordance with the legislation on lotteries shall entail the imposition of an administrative fine on citizens in the amount of three thousand to four thousand rubles with confiscation of instruments for committing an administrative offense, including lottery equipment, lottery terminals; on officials - from fifteen thousand to twenty thousand rubles with confiscation of the instruments of committing an administrative offense, including lottery equipment, lottery terminals; on legal entities - from two hundred and fifty thousand to three hundred and fifty thousand rubles with confiscation of the instruments of committing an administrative offense, including lottery equipment, lottery terminals.
Article 1. Subject of regulation of this Federal Law
This Federal Law defines the legal basis for the state regulation of relations arising in the field of organizing and conducting lotteries, including the types and purposes of conducting lotteries, the procedure for their organization and holding on the territory of the Russian Federation, establishes the mandatory standards for lotteries, the procedure for monitoring their organization and holding , as well as the responsibility of persons involved in the organization and conduct of lotteries.
Article 2. Basic concepts
The following basic concepts are used in this Federal Law:
1) lottery - a game that is held in accordance with an agreement and in which one party (the lottery operator) draws the lottery prize fund, and the other party (the lottery participant) receives the right to win if it is recognized as the winner in accordance with the conditions of the lottery. The agreement between the lottery operator and the lottery participant is concluded on a voluntary basis and is formalized by the issuance of a lottery ticket, lottery receipt or electronic lottery ticket. On a lottery ticket, lottery receipt, electronic lottery ticket, the presence of a lottery combination must be present (introduced) at the stage of production (creation) of the relevant document and (or) by the lottery participant;
2) prize - a part of the lottery prize fund, determined in accordance with the lottery conditions, paid in cash to the lottery participant, transferred (in kind) to the ownership or provided to the lottery participant recognized as the winner in accordance with the lottery conditions;
3) lottery prize fund - a set of funds, other property or services intended for the payment, transfer or provision of winnings in accordance with the terms of the lottery;
4) drawing of the prize fund of a draw lottery - a procedure that is carried out by a lottery operator using lottery equipment and is based on the principle of randomly determining winnings to be paid, transferred or provided to winning lottery participants in accordance with the conditions of the lottery;
5) lottery ticket - a document certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant;
5.1) lottery receipt - a fiscal document issued by a lottery terminal, certifying the right to participate in the lottery and confirming the conclusion of an agreement between the lottery operator and the lottery participant;
5.2) electronic lottery ticket - an electronic document certifying the right to participate in the lottery, confirming the conclusion of an agreement between the lottery operator and the lottery participant, containing secure information about the registered lottery bet (lottery bets), placed in the lottery information processing center and allowing to identify the lottery participant, paid the lottery bet (lottery bets) in the manner prescribed by the lottery conditions, taking into account the requirements of the Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection";
6) lottery organizer - a federal executive body authorized by the Government of the Russian Federation in accordance with the established procedure to conduct a lottery. The lottery organizer conducts the lottery through the lottery operator by concluding a contract with him;
7) organizing a lottery - the implementation of activities, including holding a competition to select a lottery operator, concluding a contract with a lottery operator, approving the conditions of a lottery;
8) conducting a lottery - the provision of services for the implementation of activities, including the distribution (sale, accounting) of lottery tickets, electronic lottery tickets, accounting of lottery receipts, conclusion of contracts with the manufacturer of lottery tickets, the manufacturer of lottery equipment, lottery terminals, distributors and (or) other agreements necessary for the conduct of the lottery, conclusion of agreements with lottery participants, including the acceptance and accounting of lottery bets, drawing of the lottery prize fund, examination of winning lottery tickets, lottery receipts, electronic lottery tickets, payment, transfer or provision of winnings to lottery participants;
9) lottery operator - a legal entity registered in accordance with the legislation of the Russian Federation and which has entered into a contract with the organizer of the lottery to conduct the lottery in accordance with this Federal Law;
10) distributor - a person who has entered into an agreement for the distribution (sale, issuance) of lottery tickets, lottery receipts, electronic lottery tickets, acceptance of lottery bets among lottery participants, payment, transfer or provision of winnings to lottery participants;
11) lottery participant - a person who has reached the age of eighteen years, who has the right to participate in the drawing of the lottery prize fund on the basis of an agreement concluded with the lottery operator;
12) lottery proceeds - funds received from the sale of lottery tickets, acceptance of lottery bets of a specific lottery;
13) targeted deductions from the lottery - a part of the proceeds from the lottery, directed to the purposes specified by this Federal Law;
14) lottery equipment - device (generator random numbers, mechanical, electrical, electronic or other technical device) used to determine the winning lottery combination(s) of a drawing lottery;
15) lottery bet - the price of one paid lottery combination. Acceptance of a lottery bet (lottery bets) is confirmed by the issuance of a lottery ticket, a lottery receipt to the lottery participant, sending an information message to the lottery participant about the acceptance of the lottery bet (lottery bets) and registration of an electronic lottery ticket;
6. 416-FZ
7. Repealed in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ
8. Repealed in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ
Article 4
1. The state regulation of relations arising in the field of organizing lotteries and conducting lotteries, carried out by the Russian Federation, includes:
1) adoption by the Government of the Russian Federation of decisions on holding lotteries;
2) invalidated in accordance with the Federal Law of the Russian Federation dated December 28, 2013 No. 416-FZ
Federal Law of the Russian Federation of November 11, 2003 No. 138-FZ
"About Lotteries"
About document
Publishing a document
Collection of Legislation of the Russian Federation, November 17, 2003, No. 46 (Part I), Art. 4434.
On January 30, 2014, Federal Law No. 416-FZ of December 28, 2013 "On Amending the Federal Law "On Lotteries" and Certain Legislative Acts of the Russian Federation" (hereinafter - Law No. 416) will come into force. This document radically changes the organization and conduct of lotteries in Russia. Only a federal executive body authorized by the Government of the Russian Federation will be able to organize lotteries. Russian private companies are deprived of such a right. The competition for determining the lottery operator will be held according to the rules established by Law No. 416.
1. In Russia, a ban will be introduced on all lotteries, except for state All-Russian and international
As of July 1, 2014, it is prohibited to run any incentive lotteries - i.e. those in which no participation fee is paid and the prize fund is formed at the expense of the organizer, as well as non-state, regional state and municipal lotteries. Thus, exclusively all-Russian state and international lotteries will be preserved. In addition, from this date, the payment of winnings due to lottery participants will stop. The wording of the law does not exclude the situation when the person who won the lottery will not be able to receive his winnings. Since December 30, 2013 (since the publication of Law N 416), the issuance of permits for holding lotteries has ceased.
The rejection of stimulating lotteries is connected with the desire of the legislator to exclude the possibility of gambling under the guise of stimulating lotteries. To date, this practice is widespread (see, for example, the Decrees of the Federal Antimonopoly Service of the West Siberian District of November 26, 2010 in case No. A70-1491 / 2010, the Federal Antimonopoly Service of the Volga-Vyatka District of October 2, 2009 in case No. A79-3288 / 2009, Federal Antimonopoly Service of the Moscow District dated October 15, 2010 N KA-A40 / 11057-10 in case N A40-66987 / 10-17-381).
It is fixed that new technical devices - lottery terminals - will be used when conducting draw lotteries. They are intended for accepting lottery bets (entering or selecting a lottery combination or combinations) and issuing lottery receipts during draw lotteries. It should be noted that in practice such devices have already been used (for example, in accordance with the Order of the Ministry of Finance of Russia dated December 29, 2010 N 195n "On approval of the conditions for conducting 2 drawing all-Russian state lotteries and, as usual, 10 non-circulation all-Russian state lotteries in support of the organization and holding of the XXII Olympic winter games and XI Paralympic Winter Games 2014 in Sochi).
It will be possible to conduct lotteries in only two ways: circulation and non-circulation. The combined method is excluded, when lottery tickets simultaneously have a protective coating, under which the possible win, and a number that allows this ticket to participate in the drawing lottery.
Only the Ministry of Sports of Russia and the Ministry of Finance of Russia can become organizers of lotteries on the basis of a decision of the Government of the Russian Federation (part 1 of article 13 of the Law on Lotteries, as amended by Law N 416). They will hold an open competition to determine the lottery operator - the person who will conduct it and who will conclude contracts and interact with lottery participants. Corresponding amendments have also been made to Art. 1063 of the Civil Code of the Russian Federation.
The agreement between the lottery operator and its participant is formalized by the issuance of a lottery ticket, lottery receipt or electronic lottery ticket. This change is also made to Art. 1063 of the Civil Code of the Russian Federation. Previously, the conclusion of this agreement could be confirmed by the issuance of any document, however, in judicial practice, the issuance of an electronic lottery ticket was not recognized as the proper execution of the agreement.
In accordance with the current version of the Law on Lotteries, competitions for holding all-Russian state lotteries must be held in accordance with the Law on Placement of Orders N 94-FZ. On January 1, 2014, it became invalid due to the adoption of the Public Procurement Law No. 44-FZ. Consequently, from January 1 to January 29, 2014, such tenders are held under the Law on Public Procurement N 44-FZ (for more details, see Guide to the contract system in the field of public procurement). From January 30, 2014, competitions to determine lottery operators will be held in accordance with a special procedure provided for by Law N 416-FZ. Its content is more similar to the rules for holding an open tender of the Law on placing orders N 94-FZ.
Any Russian legal entity, regardless of the organizational and legal form, will still be able to apply for participation in the lottery competition. The organizer of the lottery may establish a requirement to deposit funds as security for the application for participation in the competition (no more than 5 percent of the initial (maximum) contract price). These conditions repeat the provisions contained in the Law on Placement of Orders N 94-FZ. According to the Law on Public Procurement N 44-FZ, securing an application is mandatory (part 1 of article 44). Also on general rule this Law establishes not only the maximum amount of the bid security (5 percent of the initial (maximum) contract price), but also the minimum amount of security, which should be 0.5 percent of the initial (maximum) contract price (part 14 of article 44 of the Public Procurement Law No. 44-FZ).
The register of unscrupulous suppliers, provided for by both the Law on placing orders N 94-FZ, and Law N 44-FZ, is not mentioned in the tender procedure contained in Law N 416-FZ. There are no references to it either. However, it is established that those organizations that meet, in particular, the following requirements, cannot participate in the competition:
The governing bodies include persons who have a criminal record for crimes in the sphere of the economy;
Managers, founders, participants could influence the conduct of the lottery, during which they did not fulfill or were fulfilled in violation of the obligation in terms of transferring targeted deductions and (or) other payments stipulated by the contract concluded with the organizer of the lottery;
Previously, they shied away from entering into contracts for holding lotteries;
Lottery contracts with these organizations were terminated by court decisions;
Significantly violated the terms of the contract, as a result of which the organizer unilaterally refused to fulfill the contract.
In addition to the above requirements, a condition is established according to which the participant in placing an order must have exclusive rights to lottery programs (including those under license agreements). Lottery programs are computer programs developed and used to collect data on common lottery tickets and accepted lottery bets, their accounting and registration or control of lottery equipment when drawing the prize fund of a draw lottery.
A condition has been introduced on the mandatory submission of an agreement with the bank on the intention to provide an irrevocable bank guarantee. Such a bank must be included in the list (http://www.minfin.ru/ru/tax_relations/policy/bankwarranty/index.php?id4=19700) established by Art. 74.1 of the Tax Code of the Russian Federation. The previous version of the Law on Lotteries provided for a different condition - an addition to the competition procedure: the participant in placing an order had to indicate in the application for participation in the competition the amount of a bank guarantee provided by the operator of the All-Russian State Lottery.
A notice of a competition to determine the lottery operator is posted by the lottery organizer on its official website at least 30 days before the day of opening the envelopes with applications or opening access to applications submitted in the form of electronic documents (hereinafter referred to as the procedure for opening (opening) applications). The organizer can refuse the competition no later than 15 days before the deadline for submitting applications for participation in the competition, the notice of the competition can be changed no later than five days before the start of the specified procedure. These conditions are identical to the conditions contained in Art. 21 of the Law on placing orders N 94-FZ. However, the current Law on Public Procurement N 44-FZ provides (Article 49) that the notice is posted at least 20 days before the day of opening (opening) applications and not on the website of the tender organizer, but in a single information system. This Law also provides for more short term in order to refuse to hold a tender: after a notice of an open tender is posted in a single information system, the customer can cancel the supplier's determination by holding an open tender no later than five days before the deadline for submitting bids (part 1 of Art. 36 of the Public Procurement Law No. 44-FZ).
Lottery is an entertaining game during which a one-way contract is concluded. One of the parties (the operator) draws money or other property, which acts as a prize. The contract is concluded voluntarily and is executed by handing over a lottery ticket. A lottery combination must be present on a lottery ticket. It is applied during the manufacture of such a document. The organization and conduct of the lottery is regulated by Federal Law No. 138 "On Lotteries".
Description of 138 FZ
Federal Law No. 138 "On Lotteries" defines the legal basis for state regulation. The procedure and type of organization is also controlled by the Federal Law. In case of violation of the law, certain persons may be subject to administrative or criminal liability. The federal law was adopted by the State Duma on October 17, 2003, and approved by the Federation Council on December 29, 2003.
Summary of the Federal Law:
- Description of the subject of legislation regulation;
- Descriptions of the main terms that are used in Federal Law 138;
- Description of the conditions of the lottery and restrictions on its conduct;
- Description of the types of deductions from the drawing to the state;
- Formation of the prize fund;
- Conditions for holding such an event and ensuring the security of the rights of lottery participants;
- Information about the competition;
- Conclusion of the contract after the results of the competition.
Last changes
The last amendments to the Federal Law were made on November 27, 2017. They concern article 20 of part 6. Part 6 has been supplemented.
The winner receives a sum of money as a prize fund or other property. The payment is made by the operator of this event or another participant who is allowed to conduct such an event. In order for the winnings to be issued by another participant, you will need to provide the relevant documents.
Below are the main articles of the Federal Law:
Article 3 describes the types of lotteries. The types of such events on the territory of the Russian Federation are determined by the method of holding and the territory where they are held.
According to such a criterion as the methods of conducting the lottery, it can be divided into:
- Circulation;
- Uncirculated.
Circulation lottery- a game of luck in which the prize is drawn between the participants at the same time. In this form, it is forbidden to use more than one lottery equipment, which will also contain tickets.
Under uncirculated lottery is understood as a game in which data on the possibility of winning have already been entered at the stage of production of such tickets. A participant who has purchased a lottery ticket of this type has the right to erase hidden inscriptions and verify the presence of a prize or its absence.
Also, the types of draws are divided depending on the location. It can be territorial or international. The territorial (All-Russian) is held on the territory of the Russian Federation, and the international one is held on the territories of several states, the list of which also includes the Russian Federation on the basis of international documents.
Art 6.1
Article 6.1 describes the prohibitions that may be identified during the organization of the game. Lotteries are prohibited during election campaigns. That is, the gain cannot depend on the results of voting or other elections directly related to the referendum. It is also impossible to organize gambling that are hiding under the lottery. It is forbidden to use play equipment including slot machines.
Article 10 describes lottery regulations.
The standards include:
- The size of the prize fund;
- The number of deductions that are provided for by the requirements of the event;
- Transfer of obligations of the operator, which must issue the received prize fund, depending on the terms of the contract;
- The period of validity of an irrevocable bank guarantee, which is provided for in paragraph 3 of this article.
Article 13 describes the procedure for organizing and holding an event.
To begin with, the organizers must obtain permission from the Government of the Russian Federation.
This is the federal executive body that implements state policy. Executive power is determined by the Government of the Russian Federation. The period of the lottery can be up to 15 years. It is possible to extend this period if the organizer so desires.
The federal body determines which executive body the lottery belongs to. He is authorized by the Government of the Russian Federation to organize a drawing, as the open competition says.
Article 17 describes the lottery prize pool. The prize fund of the drawing is formed on the basis of the proceeds from its holding. The prize fund is required solely to transfer the winnings to the participants who won. The operator is prohibited from using the winnings for their own purposes. The prize fund can only be paid out, given or transferred.
It should be noted that in the draw lottery, the prize fund is formed before the draw is made.
Download the current version of the law on lotteries
Federal Law No. 138 is designed to regulate the relationship that arises between lottery participants and the operator. On the basis of this Federal Law, any errors made by the operator or organizers can be challenged. To familiarize yourself with the changes and additions to the Federal Law "On Lotteries", you should download it at.
Active Edition from 18.07.2011
| Document name | FEDERAL LAW dated November 11, 2003 N 138-FZ (as amended on July 18, 2011) "ON LOTTERIES" |
| Type of document | law |
| Host body | president of the rf, cd rf, sf rf |
| Document Number | 138-FZ |
| Acceptance date | 01.01.2004 |
| Revision date | 18.07.2011 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW dated November 11, 2003 N 138-FZ (as amended on July 18, 2011) "ON LOTTERIES"
6) lottery organizer - the Russian Federation, a subject of the Russian Federation, a municipality or a legal entity established in accordance with the legislation of the Russian Federation, located in the Russian Federation and granted the right to conduct a lottery in accordance with this Federal Law. The lottery organizer conducts the lottery directly or through the lottery operator by concluding an agreement (contract) with him and is responsible to the lottery participants for the fulfillment of his obligations under the agreement (contract);
7) organization of a lottery - the implementation of activities related to obtaining the right to conduct a lottery;
8) conducting a lottery - the implementation of activities that include the conclusion of agreements (contracts) with the lottery operator, the manufacturer of lottery tickets, the manufacturer of lottery equipment, software products and (or) other agreements (contracts) necessary for the lottery, the distribution of lottery tickets and the conclusion of agreements with lottery participants, drawing of the lottery prize fund, examination of winning lottery tickets, payment, transfer or provision of winnings to lottery participants;
9) lottery operator - a legal entity established in accordance with the legislation of the Russian Federation, located in the Russian Federation, which has entered into an agreement (contract) with the organizer of the lottery to conduct the lottery on his behalf and on his behalf and has the appropriate technical means;
10) distributor of lottery tickets - a person who distributes lottery tickets among lottery participants, accepts lottery bets, pays out, transfers or provides winnings on the basis of an agreement concluded with the lottery organizer or lottery operator;
11) lottery participant - a person who has the right to participate in the drawing of the lottery prize fund on the basis of an agreement concluded with the lottery organizer;
12) proceeds from the lottery - funds received from the distribution of lottery tickets for a particular lottery;
13) targeted deductions from the lottery - a part of the proceeds from the lottery, directed to the purposes specified in Articles and this Federal Law in the manner established by these Articles;
14) lottery equipment - equipment specially manufactured and used for conducting a lottery, or equipment equipped with lottery programs;
15) lottery bet - a paid game combination.
16) annual report on the holding of the lottery - information that the organizer of a non-state lottery, the operator of the state lottery, the operator of the municipal lottery are required to publish annually in the media and (or) post on the information and telecommunication network "Internet". The composition of the information included in the annual report on the holding of the lottery and the procedure for its publication are determined by the federal executive body authorized by the Government of the Russian Federation.
1. The types of the lottery held on the territory of the Russian Federation are determined depending on the method of its conduct, the method of formation of the lottery prize fund, the territory where it is held, the organizer of the lottery and the technology of the lottery.
2. The lottery, depending on the method of its conduct, is divided into drawing, non-drawing and combined.
Circulation lottery - a lottery in which the drawing of the lottery prize fund between all participants of the lottery is carried out at a time after the distribution of lottery tickets. The conduct of such a lottery may include separate draws representing the distribution of a lot of lottery tickets, the drawing of a lottery prize fund, and the payment, transfer or provision of winnings.
Non-circulation lottery - a lottery in which winning lottery tickets are determined at the stage of their production, that is, before distribution among lottery participants. When conducting a non-circulation lottery, a participant in such a lottery can, immediately after paying the fee for participating in the lottery and receiving a lottery ticket, determine whether his lottery ticket is winning or not.
Combined lottery - a lottery in which winning lottery tickets are determined both immediately after paying the lottery participation fee and receiving a lottery ticket, and after the drawing of the lottery prize fund.
3. The lottery, depending on the method of formation of its prize fund, is divided into:
1) a lottery, the right to participate in which is associated with the payment of a fee, from which the lottery prize fund is formed;
2) a lottery, the right to participate in which is not associated with the payment of a fee and the prize fund of which is formed at the expense of the organizer of the lottery (incentive lottery).
4. The lottery, depending on the territory of its holding, is divided into international, all-Russian, regional and municipal.
International lottery - a lottery that is held on the territories of two or more states, including the territory of the Russian Federation, on the basis of an international treaty of the Russian Federation. The procedure for conducting an international lottery on the territory of the Russian Federation is determined in accordance with the requirements of this Federal Law.
The All-Russian Lottery is a lottery that is held throughout the Russian Federation.
Regional lottery - a lottery that is held on the territory of one subject of the Russian Federation.
The organization and conduct of the lottery in the territories of several constituent entities of the Russian Federation shall be carried out in accordance with the procedure established by this Federal Law for holding the All-Russian lottery.
Municipal lottery - a lottery that is held on the territory of one municipality.
5. The lottery, depending on the organizer of the lottery, is divided into state and non-state.
State lottery - a lottery organized by the Russian Federation or a constituent entity of the Russian Federation. On behalf of the Russian Federation, the organizer of the state lottery held throughout the territory of the Russian Federation can only be a federal executive body authorized by the Government of the Russian Federation. On behalf of the subject of the Russian Federation, the organizer of the state lottery held on the territory of one subject of the Russian Federation can only be the authorized executive body of the subject of the Russian Federation.
The organizer of a non-state lottery may be a municipal entity or a legal entity established in accordance with the legislation of the Russian Federation and located in the Russian Federation. On behalf of a municipal formation, the organizer of a non-state lottery held on the territory of one municipal formation can only be an authorized body of local self-government. The federal executive body, the executive body of the subject of the Russian Federation cannot be the organizers of a non-state lottery.
6. The lottery, depending on the technology of its implementation, is divided into a lottery conducted:
1) in real time, if the agreement on participation in the lottery is concluded by the parties by exchanging documents via electronic or other communication using lottery equipment, which is connected by a telecommunication network, allows you to reliably establish that the document comes from the party to the agreement and through which the prize drawing is carried out lottery fund in real time, fixing and transmitting information about the results of such a draw. The specified equipment must ensure the protection of such information from loss, theft, distortion, forgery, as well as from unauthorized actions for its destruction, modification, copying and other similar actions and unauthorized access to the telecommunication network;
2) in the usual mode, in which the collection, transfer, processing game information, the formation and drawing of the prize fund of the lottery are carried out in stages.
7. The lottery in real time using the lottery equipment specified in Part 6 of this Article shall be carried out only by the federal executive body authorized by the Government of the Russian Federation throughout the entire territory of the Russian Federation.
8. Conducting incentive lotteries with the help of mechanical, electrical, electronic or other technical devices used to determine winnings, prizes and (or) gifts, including in monetary and in-kind terms, is prohibited.
1. The state regulation of relations arising in the field of organizing lotteries and conducting lotteries, carried out by the Russian Federation, includes:
1) issuance of permits for holding international and all-Russian lotteries and holding lotteries in the territories of several constituent entities of the Russian Federation;
2) maintaining a unified state register of lotteries and a state register of all-Russian lotteries;
2.1) maintaining a unified state register of lottery equipment;
3) issuance, in accordance with the established procedure, of normative legal acts regulating the organization of lotteries and holding lotteries;
4) federal state supervision over the conduct of lotteries, including the targeted use of proceeds from the conduct of lotteries;
5) establishment of forms and deadlines for reporting on lotteries;
6) establishment of mandatory lottery norms;
7) establishing the procedure for taxation of organizers of lotteries and participants of lotteries;
8) establishing liability for violation of the legislation of the Russian Federation in the field of organizing lotteries and holding lotteries.
2. State regulation of relations arising in the field of organizing international and all-Russian lotteries and their holding, in terms of paragraphs 1-5 of part 1 of this article, as well as methodological support for federal executive authorities and executive authorities of the constituent entities of the Russian Federation, is carried out by the federal executive authority, authorized by the Government of the Russian Federation.
3. State regulation of relations arising in the field of organizing regional lotteries and their conduct includes:
1) issuance of permits for holding regional lotteries;
2) maintaining the state register of regional lotteries;
3) regional state supervision over the conduct of regional lotteries, including the targeted use of proceeds from lotteries.
4. The regulation of relations arising in the field of organizing regional lotteries and their holding is carried out by the authorized executive body of the constituent entity of the Russian Federation on whose territory regional lotteries are supposed to be held, in accordance with the requirements of this Federal Law.
5. Regulation of relations arising in the field of organization of municipal lotteries and their conduct includes:
1) issuance of permits for conducting municipal lotteries;
2) maintaining a register of municipal lotteries;
3) municipal control over the holding of municipal lotteries, including the targeted use of the proceeds from holding lotteries.
6. The regulation of relations arising in the field of organization of municipal lotteries and their conduct is carried out on the basis of a decision of the local government body by the authorized local government body of the municipality on whose territory municipal lotteries are supposed to be held (hereinafter referred to as the authorized local government body), in accordance with the requirements of this Federal law.
1. The unified state register of lotteries is maintained by the federal executive body authorized by the Government of the Russian Federation. The unified state register of lotteries contains information about all lotteries held on the territory of the Russian Federation.
The state register of all-Russian lotteries is maintained by the federal executive body authorized by the Government of the Russian Federation.
The state register of regional lotteries is maintained by the authorized executive body of the subject of the Russian Federation in the manner prescribed by the regulatory legal act of the subject of the Russian Federation.
The register of municipal lotteries is maintained by the authorized body of local self-government in the manner prescribed by the regulatory legal act of the local self-government body.
The unified state register of lottery equipment is maintained by the federal executive body authorized by the Government of the Russian Federation in the manner established by the federal executive body responsible for generating public policy and legal regulation in the field of organizing and conducting lotteries. This register contains information about lottery equipment registered in accordance with the procedure established by the federal executive body responsible for developing state policy and legal regulation in the field of organizing and conducting lotteries.
2. When issuing a permit to conduct an All-Russian lottery by a federal executive body authorized by the Government of the Russian Federation, each such lottery is assigned a state registration number, which is entered in the state register of all-Russian lotteries.
When issuing a permit to conduct a regional lottery by an authorized executive body of a constituent entity of the Russian Federation, each such lottery is assigned a state registration number, which is entered in the state register of regional lotteries.
When issuing a permit for holding a municipal lottery by an authorized body of local self-government, each such lottery is assigned a registration number, which is entered in the register of municipal lotteries.
3. The authorized body of local self-government quarterly submits to the authorized executive body of the constituent entity of the Russian Federation information on municipal lotteries permitted on the territory of the municipality.
The authorized executive body of the constituent entity of the Russian Federation quarterly submits to the federal executive body authorized by the Government of the Russian Federation information on regional and municipal lotteries permitted in the territory of the constituent entity of the Russian Federation for inclusion in the unified state register of lotteries.
4. Responsibility for the accuracy of the information on municipal lotteries transmitted to the authorized executive body of the constituent entity of the Russian Federation shall be borne by the authorized body of local self-government, which maintains the register of municipal lotteries.
Responsibility for the accuracy of the information on regional lotteries transferred to the federal executive body authorized by the Government of the Russian Federation lies with the authorized executive body of the subject of the Russian Federation, which maintains a register of regional lotteries.
1. A permit to conduct a lottery is issued to an applicant by a federal executive body authorized by the Government of the Russian Federation, an authorized executive body of a constituent entity of the Russian Federation, or an authorized local government body for a period of not more than five years on the basis of an application for the said permit.
Consideration of the issue of issuing the said permit to the applicant is carried out by the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized body of local self-government within two months from the date of filing the application for the said permit.
2. If the applicant fails to submit all the documents provided for by this Federal Law, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the subject of the Russian Federation or the authorized body of local self-government within one month from the date of filing by the applicant of an application for permission to the lottery operator is obliged to request from him the missing documents, which must be submitted to them no later than ten days from the date of receipt of such a request.
3. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized body of local self-government, no later than two months from the date of filing an application for a permit to conduct a lottery, is obliged to issue to the applicant an appropriate permit or a reasoned refusal to issue such permission. At the same time, these bodies are obliged, no later than three days from the date of the adoption of the relevant decision, to send the applicant a notice of the issuance of a permit to conduct a lottery or a refusal to issue such a permit.
4. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a subject of the Russian Federation or the authorized body of local self-government shall have the right to decide to refuse to issue a permit to conduct a lottery on one of the following grounds:
1) non-compliance of the documents submitted by the applicant for obtaining permission to conduct a lottery with the requirements of this Federal Law;
2) submission by the applicant of false information;
3) the applicant has debts in payment of taxes and fees;
4) initiation of an insolvency (bankruptcy) case against the applicant by the arbitration court.
5. The applicant has the right to appeal against the decision of the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the subject of the Russian Federation or the authorized body of local self-government in the manner prescribed by the legislation of the Russian Federation.
6. An application for granting permission to conduct a lottery is drawn up in any form, but must contain an indication of the period for holding such a lottery and the type of lottery. The following documents must be attached to the application for permission to conduct a particular lottery:
1) lottery conditions;
2) norms for the distribution of proceeds from the lottery (in percent);
3) a layout of a lottery ticket (receipt, other document stipulated by the lottery conditions) with a description of the mandatory requirements for it and, if necessary, ways to protect the lottery ticket from forgery, as well as a description of the hidden inscriptions, drawings or signs applied to it;
4) rules for identifying a lottery ticket when paying out, transferring or providing winnings;
5) a feasibility study for holding the lottery for the entire period of its holding, indicating the sources of financing the costs of organizing the lottery, holding the lottery and calculating the estimated proceeds from the lottery;
6) description and technical characteristics of the lottery equipment;
7) duly certified copies of the constituent documents of the applicant;
(as amended by Federal Law No. 169-FZ of July 1, 2011)
8) the procedure for accounting for widespread and non-circulated lottery tickets;
9) the procedure for the return, storage, destruction or use in other circulations of uncirculated lottery tickets;
10) the procedure for the withdrawal of undistributed lottery tickets;
11) the procedure for storing unclaimed winnings and the procedure for claiming them after the expiration of the terms for receiving winnings.
Zakonbase : The provisions of part 6 of article 6 do not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by the executive bodies state power constituent entities of the Russian Federation or territorial state non-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation, local governments, territorial state extra-budgetary funds or organizations subordinate to state bodies or local governments participating in the provision public or municipal services (part 5
6.1. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized body of local self-government requests from the tax authorities at the location of the applicant a certificate of the presence or absence of debts in the payment of taxes and fees and the balance sheet of the applicant as of the last the reporting date preceding the submission of an application for permission to conduct a lottery, if the applicant did not submit the specified documents on his own.
Zakonbase : The provisions of Part 6.1 of Article 6 shall not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by the executive bodies of state power of the constituent entities of the Russian Federation or territorial state non-budgetary funds, and in relation to municipal services, and in relation to documents and information located at the disposal of state bodies of the constituent entities of the Russian Federation, local governments, territorial state off-budget funds or organizations subordinate to state bodies or local governments participating in the provision of state or municipal services (part 5 of Article 74 of the Federal Law of 01.07.2011 N 169-FZ).
7. It is not allowed to require documents from the applicant that are not provided for by this Federal Law.
8. The provisions of this article do not apply to:
1) state lotteries;
2) municipal lotteries, the organizer of which is an authorized body of local self-government;
During the period of an election campaign, referendum campaign, it is not allowed to hold lotteries in which the winning of prizes or participation in a prize draw depends on the results of voting, the results of elections, a referendum, or which are otherwise related to elections, a referendum.
1. The right to conduct an incentive lottery arises if a notice of the holding of an incentive lottery is sent to the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized body of local self-government in the manner prescribed by this article.
2. A notice of holding an incentive lottery must contain an indication of the time, method, territory for holding it and the organizer of such a lottery, as well as the name of the product (service) the sale of which is directly related to the holding of an incentive lottery. The following documents are attached to the notification:
1) the conditions of the incentive lottery;
2) a description of the method of informing the participants of the promotional lottery about the timing of the promotional lottery and its conditions;
3) a description of the features or properties of the product (service) that make it possible to establish the relationship of such product (service) and the ongoing incentive lottery;
4) a description of the method of concluding an agreement between the organizer of the incentive lottery and its participant;
5) a description of the method of informing the participants of the incentive lottery about the early termination of its holding;
6) notarized copies of the constituent documents of the incentive lottery organizer;
7) the procedure for storing unclaimed winnings and the procedure for claiming them after the expiration of the terms for receiving winnings.
8) a certificate issued by the tax authorities on the presence or absence of debts in the payment of taxes and fees.
Since October 1, 2011, the provisions of clause 8 of part 2 of article 7 in relation to the provision of public services by federal executive bodies and bodies of state off-budget funds are not applied (Federal Law of 01.07.2011 N 169-FZ).
2.1. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized body of local self-government shall request from the tax authorities a certificate of whether or not the applicant has debts to pay taxes and fees, if the applicant has not submitted the said document on his own.
Zakonbase : The provisions of Part 2.1 of Article 7 shall not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by the executive bodies of state power of the constituent entities of the Russian Federation or territorial state non-budgetary funds, and in relation to municipal services, and in relation to documents and information located at the disposal of state bodies of the constituent entities of the Russian Federation, local governments, territorial state off-budget funds or organizations subordinate to state bodies or local governments participating in the provision of state or municipal services (part 5 of Article 74 of the Federal Law of 01.07.2011 N 169-FZ).
3. Notification of holding an incentive lottery with documents attached must be sent by the organizer of the incentive lottery to the relevant authorized body specified in part 1 of this article at least twenty days before the day of the incentive lottery. The specified body, within fifteen days from the date of receipt of such notification, has the right to prohibit the holding of an incentive lottery on one of the following grounds:
1) submission of an incomplete set of documents required in accordance with this Federal Law;
2) non-compliance of the submitted documents with the requirements of this Federal Law;
3) submission of false information;
4) the lottery organizer has debts in paying taxes and fees.
4. The duration of the incentive lottery may not exceed twelve months.
5. The territory of the incentive lottery in accordance with its terms is the territory where the relevant goods (services) are sold.
1. Lottery conditions are approved by the lottery organizer.
2. Lottery conditions include:
1) the name of the lottery;
2) an indication of the type of lottery;
3) the goals of the lottery (indicating the amount of target deductions, as well as specific events and objects);
4) the name of the lottery organizer, indicating its legal and postal addresses, bank details, taxpayer identification number and information on opening accounts with a credit institution;
5) an indication of the territory where the lottery is held;
6) the timing of the lottery;
7) description of the lottery concept;
8) organizational and technological description of the lottery;
9) rights and obligations of lottery participants;
10) the procedure and terms for receiving winnings, including after the expiration of these terms, as well as the terms for conducting an examination of winning lottery tickets;
11) the procedure for informing lottery participants about the rules for participation in the lottery and the results of the drawing of the lottery prize fund;
12) the procedure for the manufacture and sale of lottery tickets (the procedure for determining and registering lottery rates);
13) prices of lottery tickets (sizes of lottery bets);
14) cash equivalents of winnings in kind;
15) the procedure for the formation of the lottery prize fund, its size and the planned distribution structure of the lottery prize fund in accordance with the amount of winnings (as a percentage of the proceeds from the lottery);
16) the procedure for drawing the prize fund of the lottery, the algorithm for determining winnings.
3. The organizer of the lottery has the right to supplement the conditions of the lottery with other information that more fully reveals the technology of the lottery.
If it is necessary to make changes to the conditions of the lottery provided for in paragraphs 1, 3, 4, 7, 12, 13 and 14 of part 2 of this article, the lottery organizer is obliged to coordinate such changes with the federal executive body authorized by the Government that issued the permission to conduct the lottery. of the Russian Federation, an authorized executive body of a subject of the Russian Federation or an authorized body of local self-government.
In order to make changes to the conditions of the lottery provided for in paragraphs 2, 5, 6, 8, 9, 10, 11, 15 and 16 of part 2 of this article, the lottery organizer is obliged to obtain a new permission to conduct the lottery.
4. The provisions of this article do not apply to incentive lotteries.
1. The conditions of the incentive lottery are approved by the organizer of the incentive lottery.
2. The conditions of the incentive lottery include:
1) the name of the incentive lottery, if any;
2) an indication of the method of conducting the incentive lottery and the territory where it is to be held;
3) the name of the incentive lottery organizer, indicating its legal and postal addresses, bank details, taxpayer identification number and information on opening accounts with a credit institution;
4) the timing of the incentive lottery;
5) the rights and obligations of participants in the incentive lottery;
6) the procedure for drawing the prize fund of the incentive lottery, the algorithm for determining winnings;
7) the procedure and terms for receiving winnings;
8) the procedure for informing the participants of the incentive lottery about the conditions of this lottery.
3. The conditions of the incentive lottery shall not include provisions that allow the participants of the incentive lottery to perform actions using mechanical, electrical, electronic or other technical devices to determine and (or) receive winnings, prizes and (or) gifts.
1. The mandatory lottery regulations include:
1) the amount of the prize fund of the lottery in relation to the proceeds from the lottery must be at least 50 percent
2) the amount of targeted deductions from the lottery, provided for by the conditions of the lottery, must be at least 10 percent of the proceeds from the lottery. The provision of this paragraph does not apply to state lotteries.
2. The provisions of this article do not apply to incentive lotteries.
1. Specifications lottery equipment must ensure the randomness of the distribution of winnings when drawing the prize fund of draw lotteries.
2. Lottery equipment should not provide hidden (undeclared) features, and it should not contain information arrays, components or assemblies that are inaccessible for the examination.
3. Lottery equipment should not use procedures that implement algorithms that would allow predetermining the result of the prize fund draw before the start of such a draw.
4. Lottery equipment is subject to mandatory registration in the prescribed manner.
5. The use of lottery equipment during promotional lotteries is not allowed.
6. Lottery equipment must ensure the draw of the prize fund of the draw lottery no more than once every twelve hours.
7. Lottery equipment must keep track of draws of the draw lottery prize fund, the current indicators of which must be entered into the protocols of draw commissions after each draw of the draw lottery prize fund.
8. Verification of compliance with the requirements for lottery equipment established by this article is carried out by the federal executive body exercising the functions of monitoring and supervising compliance with the legislation on taxes and fees, in the manner established by the Government of the Russian Federation.
9. Lottery equipment is subject to mandatory confirmation of compliance (declaration of conformity or mandatory certification) with the requirements established by the technical regulations for lottery equipment.
10. Technical regulations for lottery equipment are adopted by a decree of the Government of the Russian Federation.
1. The All-Russian State Lottery is held on the basis of a decision of the Government of the Russian Federation by a federal executive body authorized by the Government of the Russian Federation to organize the All-Russian State Lottery. The procedure for submitting the documents on the basis of which the said decision is made is determined by the Government of the Russian Federation.
2. The duration of the All-Russian State Lottery is determined by the Government of the Russian Federation. The beginning of the All-Russian State Lottery is considered the date of the decision by the Government of the Russian Federation to hold the All-Russian State Lottery.
3. The organizer of the lottery - the federal executive body - holds an open competition for the preparation of conditions and a feasibility study for the All-Russian State Lottery.
The operator of the All-Russian State Lottery is determined based on the results of an open competition in accordance with this Federal Law and other federal laws.
dated July 21, 2005 N 94-FZ
1) the amount of the bank guarantee provided by the operator of the All-Russian State Lottery;
5. Target deductions from the All-Russian State Lottery constitute the amount of proceeds from the lottery, with the exception of the prize fund of the All-Russian State Lottery and the remuneration paid to the operator of the All-Russian State Lottery.
The specified target deductions from the All-Russian State Lottery are credited to the federal budget. The Government of the Russian Federation, in the draft federal law on the federal budget for the next financial year, provides for appropriations for financing socially significant events and facilities in accordance with Article 11 of this Federal Law in an amount corresponding to the amount of targeted deductions from the All-Russian State Lottery.
6. The organizer of the All-Russian State Lottery is obliged to annually publish an annual report on the holding of the All-Russian State Lottery in the mass media.
1. The regional state lottery is held on the basis of the decision of the highest executive body of state power of the constituent entity of the Russian Federation. The procedure for submitting documents on the basis of which the said decision is made is determined by the highest executive body of state power of the constituent entity of the Russian Federation.
2. The term of the regional state lottery should not exceed ten years.
(as amended by Federal Law No. 214-FZ of July 27, 2010)
3. The operator of the regional state lottery is determined based on the results of an open competition in accordance with the legislation of the Russian Federation.
4. Mandatory terms of an open tender, in addition to the procedure and conditions established by the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs", are the following prerequisites:
(as amended by the Federal Law of 02.02.2006 N 19-FZ)
1) the amount of the bank guarantee provided by the operator of the regional state lottery;
2) calculation of the expected proceeds from the lottery.
5. Target deductions from the regional state lottery constitute the amount of proceeds from the lottery, with the exception of the prize fund of the regional state lottery and the remuneration paid to the operator of the regional state lottery.
The specified target deductions from the regional state lottery are credited to the budget revenue of the corresponding subject of the Russian Federation. The highest executive body of state power of the subject of the Russian Federation in the draft law of the subject of the Russian Federation on the budget of the subject of the Russian Federation for the next financial year provides for appropriations for financing socially significant events and facilities in accordance with Article 11 of this Federal Law in the amount corresponding to the amount of targeted deductions from the regional government lotteries.
1. The municipal lottery, organized by the authorized body of local self-government, is held on the basis of the decision of the local self-government body. The procedure for submitting documents on the basis of which the said decision is made is determined by the local self-government body.
2. The duration of the municipal lottery should not exceed five years.
3. The operator of the municipal lottery, the organizer of which is the authorized body of local self-government, is determined by the results of an open competition in accordance with the legislation of the Russian Federation.
4. Mandatory conditions of the competition and the contract with the operator of the municipal lottery, the organizer of which is the authorized body of local self-government, are the amount of the bank guarantee provided by the operator and the calculation of the expected proceeds from such a lottery.
1. The agreement between the organizer and the participant of the incentive lottery is free of charge.
An offer to participate in an incentive lottery must be accompanied by a statement of the terms and conditions of the lottery. Such an offer can either be applied to the packaging of a specific product, or placed in another way that allows, without special knowledge, to establish a connection between a specific product (service) and the ongoing stimulating lottery.
The procedure for sending an application by a participant in the incentive lottery and the procedure for accepting such an application are determined by the organizer of the incentive lottery under the conditions of the incentive lottery.
The organizer of an incentive lottery may condition the conclusion of an agreement on participation in an incentive lottery by the performance by its participant of certain actions provided for by the conditions of such a lottery.
2. When the incentive lottery is terminated, the organizer of the incentive lottery is obliged to publish a notice in the mass media about the termination of the incentive lottery or otherwise publicly notify of such termination.
The organizer of the incentive lottery is obliged to draw the prize fund of the incentive lottery intended for the payment, transfer or provision of winnings, and pay out, transfer or provide the winnings to the winning participants of the incentive lottery who have entered into contracts for participation in such a lottery before the date of publication of a notice on the termination of the promotional lottery or other public notice of such termination.
1. The prize fund of the lottery is formed either from the proceeds from the lottery, or from the organizer of the incentive lottery.
The lottery prize fund is used solely to pay out, transfer or provide winnings to winning lottery participants.
2. The lottery organizer is prohibited from encumbering the lottery prize fund with any obligations, except for obligations to the lottery participants for the payment, transfer or provision of winnings, as well as using the lottery prize fund funds otherwise than for the payment, transfer or provision of winnings.
The lottery prize fund cannot be levied for other obligations of the lottery organizer.
3. For winnings in kind, the monetary equivalent provided for by the lottery conditions must be indicated. This requirement does not apply to incentive lotteries.
4. The prize fund of the draw lottery is formed before the draw.
The procedure for accounting and storage of the lottery prize fund should ensure separate accounting and storage of the prize funds of any lotteries, with the exception of incentive lotteries.
1. To draw the prize fund of each lottery draw, the organizer of the lottery creates a draw commission. The Circulation Commission performs the following functions:
1) holding a drawing of the prize fund of a lottery draw;
2) confirmation of the results of the draw by signing the relevant act and the official table of the results of the draw.
2. The funds of the prize fund of the draw lottery must be played out in full within the draw to which this prize fund belongs, except for the cases of drawing a super prize that passes from draw to draw, according to the rules established by the conditions of the draw lottery. Any other transfer of funds (winnings) of the lottery prize fund from one draw to another draw is not allowed. The terms of the draw lottery may provide for the transfer of part of the prize fund of the draw lottery (super prize). The super prize must be drawn at least once during each year of the lottery.
3. In order to control the conduct of the draw lottery, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized body of local self-government at the expense of the budget of the corresponding level shall have the right to send their representatives to work as part of the draw commission, with the exception of circulation commissions of stimulating lotteries.
Part 4. - No longer valid.
5. The results of the drawing of the prize fund of each lottery draw must be published in the media and posted on the Internet by the lottery organizer within ten days from the date of the said drawing.
6. In case of termination of the drawing lottery, its prize fund must be played out in full, including the super prize, in the last drawn lottery.
1. The drawing of the prize fund of the non-circulation lottery consists of:
1) revealing hidden inscriptions, drawings or signs applied to the lottery ticket;
2) comparison of the information identified by the participant of the no-draw lottery, specified in paragraph 1 of this part, with the conditions of the no-draw lottery.
2. It is forbidden to use procedures and algorithms that allow you to predetermine the result of the draw of the prize fund of the no-draw lottery before the start of such a draw.
1. Suspension or early termination of the lottery does not relieve the organizer of the lottery from the need to pay, transfer or provide winnings, including the examination of winning lottery tickets and other necessary actions.
The lottery organizer is obliged to complete the lottery, including the payment, transfer or provision of winnings, and take other necessary actions in relation to those lottery participants with whom he has concluded an agreement, or return the money for distributed lottery tickets if the drawing of the lottery prize fund was not carried out.
2. A lottery participant has the right to demand from the lottery organizer:
1) receiving information about the lottery in accordance with the conditions of the lottery;
2) payment, transfer or provision of winnings on the basis of a lottery ticket recognized as the winner in accordance with the conditions of the lottery;
3) receiving the cash equivalent of winnings instead of winnings in kind (with the exception of incentive lotteries).
3. The owner of a winning lottery ticket has the right to apply to the court in case of delay in the payment, transfer or provision of winnings or non-payment, non-transfer or failure to provide winnings by the organizer of the lottery.
4. The organizer of the lottery has the right to disclose the personal data of the lottery participant - the owner of the winning lottery ticket only with the permission of such a participant.
The lottery organizer is not entitled to provide information about the lottery participant to third parties, except as otherwise provided by the legislation of the Russian Federation.
5. In case of suspension of the license to conduct a lottery or its withdrawal (with the exception of an incentive lottery), the organizer of the lottery, within the time period established by the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the constituent entity of the Russian Federation or the authorized body of local self-government, is obliged to stop distribution of lottery tickets, inform lottery participants about this through the media, ensure the return of funds for lottery tickets of the lottery sold, but did not participate in the draws due to the termination of their conduct, and is obliged to pay, transfer or provide winnings participants of the draw lottery for previously held draws.
6. Payment, transfer or provision of winnings is carried out in accordance with the terms of the lottery.
In a draw lottery (with the exception of an incentive lottery), the payment, transfer or provision of winnings must be carried out no later than thirty days after the relevant draw and continue for at least six months from the date of publication in the media of the results of this draw (drawing of the lottery prize fund) . After this period, claims for unclaimed winnings are accepted in the manner prescribed by the lottery conditions.
7. Winnings not claimed within the period established by the lottery conditions (with the exception of the incentive lottery), including cash equivalents of winnings in kind, are deposited on a special account and kept for the general limitation period provided for by the Civil Code of the Russian Federation, after which they are credited to the budget appropriate level.
8. For a period of five years, the lottery organizer is obliged to keep the protocols of drawing commissions, documents on the payment, transfer or provision of winnings, the amount of which, in accordance with the conditions of the lottery, necessitates an examination of the winning lottery ticket.
9. The organizer of a non-state lottery, the operator of the state lottery, the operator of the municipal lottery are obliged to annually publish the annual report on the conduct of the relevant lottery and the results of the mandatory annual audit in the media distributed in the territory of the relevant lottery, and (or) post it in the information and telecommunication network "Internet" no later than June 1 of the year following the reporting year.
1. State supervision over the conduct of lotteries is carried out by the authorized federal executive body (federal state supervision over the conduct of all-Russian lotteries) and executive authorities of the constituent entities of the Russian Federation (regional state supervision over the conduct of regional lotteries) (hereinafter referred to as state supervision bodies) in the manner established respectively The Government of the Russian Federation and the highest executive body of state power of the constituent entity of the Russian Federation.
2. Municipal control over the conduct of municipal lotteries is carried out by the authorized body of local self-government (hereinafter referred to as the municipal control body) in the manner prescribed by municipal legal acts.
3. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision)" and municipal control", taking into account the peculiarities of the organization and conduct of inspections established by parts 4 - 8 of this article.
4. The subject of the audit is the compliance by a legal entity in the process of conducting a lottery with the requirements established by this Federal Law and other regulatory legal acts of the Russian Federation in the field of organizing and conducting lotteries (hereinafter referred to as mandatory requirements).
5. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of one year from the date of:
1) issuing a permit to a legal entity to conduct lotteries;
2) completion of the last scheduled inspection.
6. The basis for conducting an unscheduled inspection is:
1) the expiration of the term for the legal entity to comply with the order issued by the state supervision body or the municipal control body to eliminate the identified violation of mandatory requirements;
2) receipt by the state supervision body or the municipal control body of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from public authorities (officials of the state supervision body or municipal control body), local governments, from the media about facts of violations of mandatory requirements;
3) the presence of an order (instruction) of the head (deputy head) of the state supervision body or the head (deputy head) of the municipal control body to conduct an unscheduled inspection, issued in accordance with the order of the President of the Russian Federation or the Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation .
7. An unscheduled on-site inspection on the grounds specified in clause 2 of part 6 of this article may be carried out by a state supervisory body or a municipal control body immediately with notification of the prosecutor's office in the manner established by part 12 of article 10 of Federal Law No. 294- dated December 26, 2008 Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control".
8. Preliminary notification of a legal entity about an unscheduled field inspection on the grounds specified in clause 2 of part 6 of this article is not allowed.
9. Officials of state supervision bodies, municipal control bodies, in the manner established by the legislation of the Russian Federation, have the right:
1) request and receive, on the basis of motivated written requests from legal entities, information and documents necessary during the audit;
2) upon presentation of an official ID and a copy of the order (instruction) of the head (deputy head) of the state supervision body or municipal control body on the appointment of an inspection, visit the lottery venues and conduct inspections of the buildings, premises, structures, technical means and equipment used, as well as conduct necessary studies, tests, examinations, investigations and other control measures;
3) issue instructions to legal entities to eliminate revealed violations of mandatory requirements;
4) draw up protocols on administrative offenses related to violations of mandatory requirements, consider cases on these administrative offenses and take measures to prevent such violations;
5) send materials related to violations of mandatory requirements to the authorized bodies in order to resolve issues of initiating criminal cases on the grounds of crimes.
1. The organizer of the lottery or the lottery operator has the right to engage credit organizations on a contractual basis for the distribution of lottery tickets, storage of the lottery prize fund and payment of winnings in cash to lottery participants, as well as the return of funds on lottery tickets of the draw lottery that were sold but did not participate in the draws. drawing lottery in connection with the termination of their holding.
An agreement on the distribution of lottery tickets and (or) the payment of winnings in cash may be concluded with a credit institution, regardless of the existence of bank accounts of the lottery organizer or lottery operator in this credit institution.
In case of distribution of lottery tickets on the basis of an agreement with the lottery organizer or lottery operator, the credit institution acts as an attorney on behalf and at the expense of the lottery organizer or lottery operator.
2. The organizer of the lottery or the lottery operator is obliged to transfer to the account of the credit institution the funds necessary for paying out the winnings to the lottery participants, transfer to the credit institution Required documents, including instructions, within the period established by the relevant agreement.
The name of the credit organization that pays the winnings to lottery participants and the conditions for receiving winnings in this credit organization are communicated to the lottery participants by the lottery organizer or lottery operator in the same manner in which the results of the corresponding draw are published.
3. Credit organizations that have received the right to work with funds from budgets of various levels may be involved in the holding of state lotteries.
The maintenance of accounting records and financial (accounting) statements by the lottery organizer (except for the lottery organizer acting on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipality) and the lottery operator is subject to a mandatory annual audit. The audit is carried out in accordance with the legislation of the Russian Federation on audit activities.
1. Persons guilty of violating this Federal Law shall bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation.
2. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized body of local self-government shall issue an order to the lottery organizer in the event that the lottery organizer violates the following conditions:
1) submission by the organizer of the lottery to the specified authorized body of incomplete or inaccurate information;
2) failure by the lottery organizer to comply with the decision of the specified authorized body to eliminate the identified violation by the lottery organizer within the prescribed period.
3. Revocation of the permission issued to the organizer of the lottery to conduct the lottery is carried out on the basis of a court decision. The federal executive body authorized by the Government of the Russian Federation, the authorized executive body of a constituent entity of the Russian Federation or the authorized body of local self-government shall have the right to apply to the court to revoke the permit issued to the lottery organizer to conduct the lottery in the event of repeated or gross violation by the lottery organizer of the conditions specified in part 2 of this article, or if the following violations are detected:
1) misuse of funds received from the lottery. The misuse of funds means the direction of targeted deductions from the lottery for purposes not provided for by this Federal Law, as well as non-payment, non-transfer or non-provision of winnings to a lottery participant;
2) violation by the organizer of the lottery of the requirements of this Federal Law and the conditions of the lottery;
3) failure to comply with the mandatory lottery standards established by this Federal Law.
4. Simultaneously with the filing of an application with the court, the federal executive body authorized by the Government of the Russian Federation, the authorized executive body of the subject of the Russian Federation or the authorized body of local self-government shall have the right to suspend the validity of the permit to hold the lottery until the court decision enters into legal force.
Decisions to suspend the validity of a permit to conduct a lottery and to send an application to the court to revoke the specified permit shall be sent to the lottery organizer in writing with a reasoned justification for such decisions no later than three
"Article 14.27. Violation of legislation on lotteries
1. Conducting a lottery without permission obtained in accordance with the established procedure or without sending a notification in accordance with the established procedure -
shall entail the imposition of an administrative fine on citizens in the amount of from twenty to twenty five times the minimum wage; on officials - from forty to two hundred times the minimum wage; for legal entities - from five hundred to five thousand times the minimum wage.
2. Untimely transfer of targeted deductions from the lottery, as well as their direction for purposes other than those provided for by the legislation on lotteries, -
shall entail the imposition of an administrative fine on officials in the amount of from forty to two hundred times the minimum wage; for legal entities - from one thousand to five thousand times the minimum wage.
3. Refusal to pay, transfer or provide winnings, as well as violation of the procedure and (or) terms for paying, transferring or providing winnings, provided for by the terms of the lottery, -
shall entail a warning or the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.";
Part 1 after the words "articles 14.25, articles" shall be supplemented with the words "14.27,";
Paragraph three of Part 3 after the words "14.21-14.23," shall be supplemented with the words "14.27,";
4) in paragraph 2 of Article 28.3:
Item 1 after the words "14.10-14.18," shall be supplemented with the words "Part 1 of Article 14.27, Articles";
add paragraph 84 with the following content:
"84) officials bodies regulating relations in the field of organizing and conducting lotteries - on administrative
2. Regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that were in force on the territory of the Russian Federation prior to the entry into force of this Federal Law, shall be applied to the extent that does not contradict this Federal Law. The specified normative legal acts shall be brought into line with this Federal Law within three months from the date of its official publication.
Permits to organize and conduct lotteries issued by a federal executive body authorized by the Government of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments prior to the entry into force of this Federal Law shall become invalid after their expiration.
President of Russian Federation
V. PUTIN
Moscow Kremlin
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