Article 171.2 of the Criminal Code of the Russian Federation: illegal organization and conduct of gambling

Responsibility for this crime is provided for in Article 171.2 of the Criminal Code:

Article 171.2. Illegal organization and conduct of gambling

1. Illegal organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, or without receiving the established procedure for permission to carry out activities related to the organization and conduct of gambling in the gambling zone –

shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or by restriction of liberty for a term of up to four years, or by imprisonment for a term of up to two years.

2. The same acts:

a) committed by a group of persons by prior conspiracy;

b) associated with the extraction of income on a large scale, –

shall be punishable by a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or by imprisonment for a term of up to four years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years or without it.

3. Acts provided for in parts one or two of this article, if they:

a) committed by an organized group;

b) are associated with the extraction of income on a particularly large scale;

c) committed by a person using his official position, –

shall be punishable by a fine in the amount of up to one million five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years or without it.

Gambling: what is it?

In Russia, there is Law No. 244-FZ “On state regulation of activities in the field of organizing games of a gambling nature.” In accordance with this regulatory act, games of a gambling nature are understood as agreements concluded between participants and organizers based on risk. The number of participants is always limited. They can play against the organizer or among themselves. The rules are always set by the organizer.

It is worth distinguishing between the concepts of gambling games and lotteries. In the first case, the rules of criminal law apply, in the second - administrative law. Often, scammers disguise a casino as a lottery, which is a punishable offense under the Criminal Code of the Russian Federation.

The organizer of the game can be an individual or legal entity. It is he who is responsible for the illegal organization and conduct of gambling games. The punishment is imposed in accordance with the provisions of the Criminal Code of the Russian Federation if we are talking about an individual, and in accordance with the norms of the Code of Administrative Offenses - if legal entities are involved in the case.

Additional Responsibility

The second and third paragraphs of the article in question also contain qualifying features of the crime, in the presence of which the punishment becomes more severe.

Thus, liability increases in the case when the illegal organization of the gambling process is carried out by a group of people by prior agreement or the income from such a business is made on a large scale.

Regarding liability for illegal business activities, you can read more by following this link.

Organizers face even greater consequences if the offense was committed by an organized group or with a profit on an especially large scale or when a citizen used his official position.

The footnote to the article states that income on a large scale is considered to be a profit above 1.5 million, while on a particularly large scale it is considered to be more than six million. Income is defined as all funds received by the organizer from its activities, provided that expenses for its implementation are not deducted.

Criminal liability for illegal organization and conduct of gambling

Starting a gambling business today is not so easy. You will have to go through a number of complex bureaucratic procedures, request a lot of documents, find a suitable location, etc. Naturally, some citizens do not want to bother themselves with such work, and therefore organize their business illegally. This in turn is a crime for which sanctions must be imposed.

The Criminal Code of the Russian Federation is talking about ordinary citizens, that is, individuals. According to Article 171.2 of the Russian Criminal Code, a citizen is punishable by a fine of up to half a million rubles, or a prison term of up to five years. There are also a number of aggravating circumstances, including:

commission of a crime by a person using his official position (for example, a police officer “protects” the organizers of a casino);
committing a crime in a group;
generating particularly large income.

A crime with aggravating circumstances will entail a fine of up to one million rubles, a prison term of up to six years, or deprivation of the opportunity to hold a professional position for up to five years.

Thus, quite serious sanctions are established for the illegal organization and conduct of gambling. Next we will talk about how the gambling business should be organized in accordance with the law.

Sanctions for breaking the law

The tightening of the scope of gaming activity required the introduction of appropriate sanctions for failure to comply with the requirements of the Federal Law. Currently, there are two types of liability for the creation of underground gambling clubs and violation of the law:

administrative (Article 14.1.1 of the Code of Administrative Offenses);
criminal (Article 171.2 of the Criminal Code of the Russian Federation).

In the first case, three groups of people are subject to punishment:

legal, when organizing illegal casinos outside special zones, as well as using the Internet and other means. Punishment - a fine of up to 1,000,000 rubles with subsequent confiscation of game equipment;
individuals (citizens and officials) and legal entities, if there is no license to conduct gambling or bookmaking activities. The sanction is similar to the first, but in the case of individuals the fines are much lower;
legal, in case of violation of the rules established by the license or the conditions for organizing games within a special zone. Punishment is a fine of up to five hundred thousand.

Persons organizing gambling outside a special zone or using telecommunications and the Internet are subject to criminal prosecution. Taking into account the amount of profit for criminal activity (large, especially large), as well as the type of subject (ordinary or special - official), the sanction also changes.

Thus, a single organizer can receive a relatively small fine - 500,000 rubles or go to prison for up to 2 years .

A criminal group or persons who have earned 6 million or more through shadow means (which meets the criteria of particularly large size) risk paying 1.5 million rubles. The term of imprisonment in this case is 6 years.

For reference. Previously Art. 171.2 implied punishment only if the criminal received income of 1,500,000 rubles. Article 14.1.1 of the Code of Administrative Offenses of the Russian Federation “Illegal organization and conduct of gambling” Article 171.2 of the Criminal Code of the Russian Federation “Illegal organization and conduct of gambling”

Problems of criminal regulation in the field of illegal organization and conduct of gambling

In the comments to Art. 171.2 of the Russian Criminal Code talks about possible difficulties and problems that may arise when organizing state regulation of gambling. Successful work in this area is possible only if the special features of the gambling business are correctly identified. These include:

payment and risk;
existence of an agreement between the participants and the organizer;
the presence of game rules, conditions for receiving winnings and other features.

Such a criminal act as the illegal formation and conduct of gambling has a whole system of objects. At the first stage there is a generic object. It refers to the procedure established by law for the implementation of the state economy. Next comes a specific object - the order of implementation of economic activity. Finally, there is the immediate object. Here we are talking about the process of carrying out entrepreneurship, whether legal or illegal.

Thus, the object of the crime in question has a very unusual specificity. While most of the crimes enshrined in the Criminal Code of the Russian Federation have as their generic object public morality and health, in the case of the act in question we are talking about an economic factor.

Regulatory acts

The gaming business in Russia is a specific type of business, accompanied by increased attention and control from the state.

In 2009, there was a wave of public outrage across the country related to gambling addiction among citizens, mostly under 18 years of age.
Gambling business is allowed for a Russian entrepreneur, but the specifics of state regulation and the presence of prohibitions in this area create difficulties both during opening and in subsequent periods.
There are at least two regulations that discuss the procedure and principles for regulating the gambling business and entrepreneurship in this area:

Federal Law No. 244 of December 29, 2006 - the regulatory act does not contain a direct definition of the term “gambling business”, but refers to the activity as “gambling”;
Art. 364 of the Tax Code of the Russian Federation - defines gambling as a commercial activity involving the establishment of gambling.

Gambling is an agreement between 2 participants, the subject of which is the probability of the player receiving a win in cases determined by the rules of the founder of the gambling business. Depending on the type of game, there are several players involved.

Modern gambling business in Russia

Despite the restrictions established by the state, gambling is a regular occurrence in the Russian Federation.
The demand for a gambling product is supported by the consumer, and therefore provides the basis for the development of this line of business, which exists in several forms:

Casino. Non-residential premises with closed or missing windows, as well as equipped with gaming tables and machines.
Betting on betting via bookmaker. Gambling business, the essence of which is to accept money in the form of a bet on a sporting or gaming event with a forecast of the result. If the forecast coincides with the outcome of the event, then the player receives a win in the amount of the bet made, multiplied by the odds.

There are 5 regions in the Russian Federation where gambling is not classified as an illegal business and is legally permitted in compliance with the rules and requirements established by law.

Created underground casinos in other regions of the Russian Federation are classified as illegal organizations and are subject to liquidation, and the founders are held accountable under current legislation.

Casinos or offices that accept bets operate on the basis of a license, otherwise they are also subject to closure.

Gambling business on the Internet

The obstacles created by the state in organizing the gambling business have given rise to an alternative way to provide gaming services for real money in the Internet space.

Opening a gambling business on the Internet is a profitable activity that allows you to earn real money by creating a virtual casino or bookmaker.

The creators of online cinemas cooperate with online casinos, as evidenced by annoying advertising when watching a movie, so it makes no sense to advertise popular services. Internet users daily encounter banners, videos and even clips of once popular performers in narrow circles, offering to take a chance and play slot machines or bet on sports games and events online.

Most of the territory of the Russian Federation is prohibited for gambling, but the legislation is not able to limit or control the appearance of casinos and bookmakers on the Internet.

It is enough to register a domain and create a gaming website under the guise of a foreign company, obtaining a license in the legal framework of Malta, Antigua or Baruda. At the same time, residents of the Russian Federation can freely play on such services.

The state wants to receive a tax on the gambling business, since we are talking about amounts amounting to millions of rubles, and the entrepreneur seeks to escape the taxation system of the Russian Federation.

Organization of gambling business

Creating a legal gambling business is not an easy task, but if successful, the organizer is guaranteed to receive a profit sufficient for a comfortable life.

To begin with, large material investments will be required, which will go towards:

obtaining a license is a mandatory condition, without which problems will inevitably arise with regulatory authorities;
rental of real estate - this kind of establishment cannot be located in buildings where cultural, educational and health institutions are located. It is also prohibited to open a casino or bookmaker's office in a residential building. The minimum room size is 200 sq. m. Subsequently, you rent a property of a larger area;
purchase of play equipment and furniture. The list of necessary items includes many items ranging from chairs to full-fledged gaming tables and machines. To open a bookmaker's office, the list of necessary furniture is significantly narrowed, since you will only need to organize an area for the cashier (computer, table, chair, betting cash desk) and visitors (tables with computers, several screens, sofas and chairs for relaxation);
hiring staff. The number of employees directly depends on the scale of the created business. For a bookmaker's office, 2-4 people are enough. When organizing a full-fledged casino, it is necessary to hire specially trained people.

The casino will require not only internal staff responsible for technical and financial work, but also dealers to serve customers and play games with them.

Opening a casino on the Internet

A significant part of Internet users, which is about 5 billion people, one way or another, like to take risks by gambling.
Without leaving home or office, visitors to online casinos spend thousands on such pleasure, and some even lose entire fortunes, which categorizes online casinos as the most profitable areas of business. An entrepreneur will face competition in the segment of activity under consideration, so he will have to invest a lot of effort and money to ensure that the online casino is in demand among users.

Stages of opening an online casino:

purchasing a license for this type of activity;
conducting market analysis and identifying empty niches. On many sites you can play cards or roulette, but there are no slot machines;
purchasing hosting. When dealing with money, take care of security and 24/7 access to the site. Consider options for protecting the service from hacker attacks and hacking;
purchase of gaming programs - software. You can borrow ideas from existing gaming machines, but it’s a good idea to think about an individual gaming design. The essence of the game is always the same, but the animation used and the variety of bonus stages arouse the player's interest;
connection to the payment system. The more options for paying a gaming account, the higher the likelihood of keeping a player on the site. Establish cooperation through technical support of the system.

Do not spare money on a specialist in the field of web design and programmers. Failures cannot be ruled out, and lost time means lost income and loss of customers.

The goal is to earn money, which means that players will lose and, as a result, react emotionally to failures. Combined with system failures, losing a player is a matter of just a few minutes.

Income from gambling business

The gambling business is one of a hundred profitable areas of activity.
Not a single owner of a bookmaker's office or casino announces statistics on monthly cash turnover, but it is no secret that we are talking about multimillion-dollar sums. The following factors influence profitability:

scale of business. The minimum amount of income in a regular bookmaker’s office is 2-3 million rubles. per month;
type of gambling. Casinos and bookmakers are equally in demand in the Russian Federation, but competition forces them to fight for customers in order to make a profit.

Consider the option of attracting investors, which will allow you to properly organize your business and make a profit in the future.

Illegal gambling business

There is no need to even try to set up a gambling business illegally. Firstly, this will in any case end in the liquidation of the enterprise and the seizure of funds.

Secondly, for violating legislation in the field of organizing a gambling business, the owner faces:

a fine of half a million rubles;
imprisonment – up to 5 years.

In 2022, on the territory of the Russian Federation, hundreds of bookmakers and casinos operate illegally, and naturally, on a corrupt basis. It’s easier to pay a fine or give a bribe than to spend tens of millions of rubles on official registration.

There are illegal poker clubs where amateurs and professionals of card games meet. Tournaments are held annually with a prize fund of tens of millions of rubles. Only members of the “club” can get into this kind of illegal events.

State regulation of gambling business

The Prosecutor's Office of the Russian Federation closely monitors that gambling in the country is organized in accordance with the law. There is a special procedure for building and implementing a business with slot machines and casinos. First you need to request and purchase a special license. After this, you will have to work in accordance with the law under constant state supervision.

The authorities themselves should regulate the gambling business as follows:

establish the procedure for carrying out activities for the formation of gambling entrepreneurship and its implementation;
allocate territories and zones permitted for games of a gambling nature;
issue appropriate licenses and permits;
exercise constant state control over the organization of gambling.

The competent authorities in this case will be special government departments and ministries authorized in the field of organizing and conducting gambling.

Regulatory regulation

Since the early 90s of the last century, there has been no general legislation regulating the gambling business.
By 2005, this area began to generate unprecedented profits - more than 6 billion dollars, and the number of slot machines exceeded 400,000 units. It was then that it became obvious that this financial mechanism could not be ignored. The regulatory framework for gambling is given in Federal Law No. 244-FZ, published on December 29, 2006 “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation.” The main thesis of this Federal Law was the concentration of special gambling establishments within strictly designated locations in:

Krasnodar Territory (“Azov City” is now the largest gambling zone);
Altai Territory (“Siberian coin”, consisting of only one object);
Primorye (near the city of Artem, Primorsky Territory);
Kaliningrad region (“Yantarnaya”, now only the building with slot machines is open).

Further changes to the law added the following places to the list of permitted gambling zones:

"Krasnaya Polyana";
unspecified part of the Republic of Crimea (negotiations regarding the location of the site are still ongoing).

Thus, after the adoption of Federal Law No. 244, companies organizing gambling are required not only to obtain a license (as was the case before the law), but also to move their business to a designated location. The need to obtain a permit has not disappeared, but now it is valid indefinitely, or until the relevant zone is closed. A fixed definition of gambling also appeared.

In accordance with Art. 4,

it is a risk-based agreement to win entered into by two or more parties to such an agreement between themselves or with the organizer of a game of chance according to the rules established by the organizer of that game.

From this we can conclude that both free-standing slot machines and halls with them, casinos, card games, including poker, were banned outside of separately designated areas. The changes did not affect only the holding of lotteries, the maintenance of exchanges and bookmakers.

Important! The ban on casinos and other gambling also applies on the Internet.

However, not every entrepreneur in this area agreed to the changes. The number of unlicensed and underground casinos has increased, the cover of which has become Internet cafes, nightclubs and betting shops.

Federal Law of December 29, 2006 No. 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”

Permitted for the gaming area

In the Russian Federation, there are five gambling zones - special territories where the legal organization and conduct of gambling is allowed. Within the boundaries of each such zone, the construction of no more than one gambling establishment is allowed. Currently, the list of gambling zones includes the following regions:

Altai, Krasnodar and Primorsky territories;
Kaliningrad region;
Republic of Crimea.

The formation and liquidation of gambling zones is the responsibility of the Russian Government. The formation of boundaries, signs, names and other parameters of gambling establishments is within his competence. At the same time, the executive body of the Russian Federation cannot make a decision to remove a gambling zone within ten years from the moment of its creation.

Clandestine casinos: Raid the basements

Author Elena Timoshkina

14.07.2016 15:57

Society » Practice » How to defend your rights

Despite the fact that in our country there is criminal liability a gambling business , casinos continue to operate. department Pravda.Ru about the progress of the fight against their organizers.

— What is illegal gambling, and what is included in the scope of such crimes?

— As a rule, organizing an illegal gambling business includes searching for premises for the purpose of opening a gambling business; financing of this activity; training staff on how to correctly accept bets, pay out winnings and provide related services when conducting gambling. The organizers manage their staff, call each other throughout the day, find out what the proceeds are at the box office, and how much to leave for the players for the promotion. They also tell you how much the player earned today, whether he has a bonus or not. And the staff calls the players. As a rule, they have their own bases, which have been preserved from the times when casinos were still legal and when citizens registered using passports.

People are invited this way. They say that the establishment has opened, they give a password, a place where you can come and play. Also, in a telephone conversation, they find out what is more interesting for players - to “play on hardware”, that is, on old-style devices, or it will be modified gaming equipment - converted consoles, computers, but with programs and games.

— All that you are now listing are the so-called “one-armed bandits.” Do roulette and tables designed for playing some card games also belong to the illegal gambling business?

- Yes, chips, cards, poker tables, slot machines and modified gaming equipment are all considered gaming equipment.

— Why aren’t billiard clubs classified as illegal businesses? Can they also play for money there?

— What is “gambling”? This is an agreement to win concluded between the participants of the game and the organizer, but they play only by his rules.

— So any casino is prohibited?

- No, we have four gambling zones where gambling is allowed - these are Altai, Krasnodar, Primorsky Territory and Kaliningrad Region. There, land was specially allocated for the construction of a casino and gambling. You can come there and play for your own pleasure.

What is not included in the gambling zone falls under criminal liability, under Article 171 approx. 2 (illegal organization and conduct of gambling). Our sanctions there are as follows: either a fine from five hundred thousand rubles to one and a half million rubles, or imprisonment from two to six years.

Previously, during the verification process, it was necessary to detect either a flash drive or a card with statistics on it, and take statistics on how much money was left in this establishment by players. This amount should have exceeded one and a half million rubles. But at the end of 2014, changes were made that came into force in January 2015. Now it is enough to carry out and conclude an examination that the gambling equipment is gambling equipment, and an explanation from the players that they were present in this establishment as players, played, made bets, and were credited with credits.

— Why then are these punitive laws not applied against lotteries and bookmakers? Is this also a kind of gambling business?

— No, lotteries and bookmakers are allowed, they have targeted licenses. What is the difference between illegal gambling business? These are closed basements, equipped, which immediately catches the eye, with a metal door, access there only by calling, with a password and only with an invitation. An unknown person from outside will not enter there. And bookmakers always work openly, you can come there to drink coffee or other drinks, if the bar is open and has a license. Football is being broadcast live there, and you can place a bet.

And gambling clubs operate behind closed doors and are equipped with cameras. As a rule, a security guard meets you, looks at the external surveillance camera, and looks at the monitor. Accordingly, if there are some suspicious people hanging around, he will not open the door, and if police officers appear, the club will immediately close. They will simply tell the player that “we are not working today,” and he will go home to his home.

— Are there many casinos left in Moscow? And x gets smaller every year?

- I would not say. The question is how quickly we identify them. They also do not stand still, they are also being modernized, they are also calculating the people who enter this establishment, from whom we learn about the work of the casino.

Accordingly, with each check we also lose our players who can confirm the information to us if illegal gambling is really organized there. But, nevertheless, we are working on it, trying, fulfilling our functional responsibilities, identifying it, stopping it. This year, since the beginning of the year, we have carried out 28 inspections, and currently six criminal cases have been initiated against the organizers and administrators of these establishments - both for serious and non-serious crimes.

— How do you find those who help you identify illegal gaming clubs?

— There are offended players who lose too much money. Or something doesn’t suit them at the club, for example, they weren’t given a kickback for playing there. It’s just their custom that if a person comes to play or brings some serious player with him, he is entitled to a 10-20 percent kickback from the one he brought. If he remains dissatisfied with something, he can report this establishment: either through someone, or call 02 or the organizations “Young Guard” and “Antinillegal” - a society for combating illegal gambling. They also have their own list of players who often play and are members of this society.

— Do such casinos ?

- Big enough. Depending on the quality of the players. There are serious establishments. Accordingly, they are well equipped, and the repairs are good, and the doors, as a rule, are armored. It’s very difficult to get there; you have to cut the doors for six to eight hours.

— How quickly do you identify such establishments?

— Any gambling establishment, in principle, takes a month or two to open. Maximum - six months, if this is a super-secret institution, only for your own people. But there are already serious players there. According to information, they sometimes lose a million or a million and a half per evening.

As for modified equipment, consoles, it’s the weaker sections of the population who come and play. As a rule, these are people with previous convictions and alcohol addiction. They come there for their own pleasure, play, lose a thousand rubles, five thousand rubles. If he is being shown off, for example, he has received a salary, then he can lose his entire salary. It depends on the organizers how much money they have for financing.

It’s just that, as a rule, police officers are now very actively fighting the gambling business. It happens that a gambling establishment has only been open for a day, two or three, and is already closing. Accordingly, he again needs expenses, financing, finding new premises, paying rent, and so on.

— It turns out that the main organizer still remains in the shadows?

- No, we attract them too. But our administrator and security guard do not always confess to the organizer. Almost never. What interests them? They usually intimidate. These are people from the regions. Based on practice, there are only a few Muscovites there. That is, if a person works there, it is because of a hopeless situation. Out of lack of money and desperation that they cannot find a job, they are forced to turn to the casino.

Prepared for publication by Maria Snytkova

Interviewed

Add Pravda.Ru to your sources in Yandex.News or News.Google , or Yandex.Zen

Illegal gambling business: Crime and punishment

Curator: Lyudmila Aivar

Topics law police Kaliningrad region

Features of illegal gambling business

Attention should be paid to the activities of law enforcement agencies that are engaged in investigations in this area. These are the points an investigator or interrogator should pay attention to, with the goal of detecting illegal gambling:

use of gaming machines or other special equipment that can be used for gambling games;
availability of special information about casinos or gaming machines;
using the Internet to organize online casinos;
the organizers do not have a special license or have an expired license.

Thus, the principles and conditions for organizing an illegal gambling business are always equally simple. Criminals do not have appropriate documentation, work underground and have a limited number of visitors.

Procedure for investigating cases

Article 171.2 of the Russian Criminal Code does not provide any information about the procedure for investigating crimes in the field of illegal organization and conduct of gambling. That is why you need to pay attention to the professional activities of law enforcement agencies. They always work according to a strict plan, the first point of which is to find out how to commit a criminal act. Methods are inextricably linked with it. The motives and goals of criminals in this area are always financial. It is also necessary to reveal the identities of the criminals.

Where does the operation to catch the organizers of the illegal organization and conduct of gambling begin? The case report received by law enforcement officers from superiors includes the task of monitoring suspicious objects. Next, you need to try to establish identities. As soon as a sufficient amount of information has been collected, the employees themselves will apply for the casino’s services. This is called an imaginary deal, necessary to test the mechanism of the work organization. At the last stage, witnesses and accused are interviewed, equipment is confiscated, documentation is checked, examinations and experiments are carried out.

Online casino

In countries around the world, attitudes towards online casinos are different. In some places, a license is needed to organize them, but in others, such resources can be created without any documentation. Are online casinos allowed in the Russian Federation?

According to Article 171.2 of the Criminal Code of the Russian Federation, as well as Federal Law No. 244 of 2006, the country establishes a complete ban on organizing a gambling business outside specialized halls and territories. The creators of gaming halls on the Internet will be held accountable under Article 171.2 of the Criminal Code of the Russian Federation. If the casino organizer is not located in Russia, then the sanction will be assigned to the corresponding Internet provider.

Corpus delicti

The composition of the action provided for in Article 171.2 should be examined separately.
The subject of a crime is an individual (a legal entity is not one due to the principles of the criminal legislation of the Russian Federation), sane at the time of the commission of the act and who has reached the age of sixteen.

For reference. Federal Law No. 244 considers legal entities as an organizer. However, the normative act implies only the legal activities of the founder, which means Art. 171.2 of the Criminal Code of the Russian Federation in terms of the subject - an individual, does not in any way contradict the above source of law.

The subjective side of this crime is guilt, expressed in the form of direct intent. The purpose of committing an illegal act is to make a profit from organizing underground gambling. The intent may not contain the amount of profit.

Important! Comments by some criminal lawyers imply that shadow gambling activities, like official ones, must contain the signs of entrepreneurial activity contained in the Civil Code of the Russian Federation. This means that committing such an act once without the goal of permanent profit should not be defined as a completed crime under Article 171.2 of the Criminal Code of the Russian Federation, but should be charged as a special case of illegal entrepreneurship.

The object in this case is social relations associated with entrepreneurial activity. The objective side includes holding underground games outside the assigned zone or on the global network. Such activities include preparing places, creating and purchasing the necessary equipment, hiring personnel, inviting and selecting those interested, as well as other activities that ensure the maintenance and operation of shadow casinos. In the case of the Internet, these criteria include the creation of websites and their advertising.

For reference. As noted above, online casinos are subject to the same rules as other casinos. However, if the company hosting the site and organizer is located in a country where such activities are permitted, the only possible sanction is blocking the site directly in the Russian Federation, which falls on Internet providers.

Also, the crime is not considered complete until the attacker makes a profit. However, the process of the illegal act itself covers a complex of the beginning, the game itself and its completion with the subsequent issuance of winnings.

Arbitrage practice

To better understand the crime in question, it is worth talking about one real example. Law enforcement officers have uncovered a case of a man and a woman organizing gambling. The premises with many slot machines were located outside the specialized zone, as a result of which it was not registered in the state register. Moreover, the gambling premises made it possible to receive particularly large incomes from illegal business.

As it turned out, the man and woman were gaming table operators. Due to the fact that both defendants had a positive character and had children, the two-year prison sentence was replaced with suspended sentences.

Administrative punishment

The Code of Administrative Offenses also contains a provision on games of a gambling nature. Article 14.1.1 of the code talks about legal entities illegally organizing a gambling business. The fine in this case is set at up to 1 million rubles. The same punishment threatens casino organizers via the Internet communication network.

In addition to casinos, the Code of Administrative Offenses talks about bookmakers. For organizing bookmaking activities without a special license, the culprits face a fine of up to 4 thousand rubles. If we are talking about legal entities, then the amount of the fine will be slightly larger - up to 1 million rubles.

What is the punishment

For this crime, a person who is an organizer or participant in a gambling process is prescribed the following punishment by law:

monetary sanction in the amount of up to 0.5 million rubles , as well as in the amount of the offender’s income for three years;
compulsory work for a period of 180 to 240 hours ;
restriction of freedom for 4 years ;
imprisonment for up to two years .

For a similar crime committed with prior conspiracy or upon receipt of large income, the perpetrators will receive:

a fine of up to 1 million or in the form of the offender’s income for 5 years;
a term of imprisonment of up to 4 years + a fine of up to five hundred thousand rubles or in the form of income for three years.

If the act was committed by a criminal group, or with the receipt of particularly large income, or with the use of a person’s official position, then the punishment implies:

a fine of up to 1,500,000 rubles or in the form of salary or other funds of the perpetrator for up to 5 years;
imprisonment for up to 6 years with a fine of up to 1 million ;
a ban on engaging in a certain type of activity and holding specific positions.