Art. 171.2 of the Criminal Code 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

Criminal Code>Section VIII of the Criminal Code of the Russian Federation. ECONOMIC CRIMES>Chapter 22 of the Criminal Code of the Russian Federation. CRIMES IN THE FIELD OF ECONOMIC ACTIVITY>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.

Note. In this article, income on a large scale is income the amount of which exceeds one million five hundred thousand rubles, and in an especially large amount - six million rubles.

< Article 171.1. Production, acquisition, storage, transportation or sale of goods and products without labeling and (or) application of information provided for by the legislation of the Russian Federation

Article 171.3. Illegal production and (or) circulation of ethyl alcohol, alcoholic and alcohol-containing products >

On administrative liability for illegal organization and conduct of gambling.

Article 14.1.1. The Code of the Russian Federation on Administrative Offenses provides for liability for illegal organization and conduct of gambling.

The object of this offense is public relations in the field of organizing and conducting gambling.

According to Art. 4 of Federal Law No. 244-FZ of December 29, 2006, gambling is a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of the gambling game according to the rules established by the organizer of the gambling game; activities for organizing and conducting gambling are activities aimed at concluding risk-based agreements on winnings with gambling participants and (or) organizing the conclusion of such agreements between two or more gambling participants; gaming equipment are devices or devices used for gambling.

The organization of gambling means equipping premises with appropriate equipment for conducting gambling activities, creating a staff, attracting people who want to take part in gambling, as well as other actions that ensure the functioning of a gambling establishment.

Gambling establishments (with the exception of bookmakers, sweepstakes, and their betting points) can be opened exclusively in gambling zones created in the territories of four constituent entities of the Russian Federation.

Activities related to the organization and conduct of gambling using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, are prohibited (clause 3 of article 5 of the Federal Law of December 29, 2006 N 244-FZ) .

Carrying out gambling using gaming equipment outside the gambling zone or using information and telecommunication networks, including the Internet, as well as communications, including mobile communications, entails an administrative penalty in the form of a fine from 700 thousand to 1 million rubles .

State regulation of activities for organizing and conducting gambling is carried out, among other things, by issuing permits to carry out activities for organizing and conducting gambling in gambling zones, as well as issuing licenses to carry out activities for organizing and conducting gambling in bookmakers and sweepstakes. A permit to carry out activities for organizing and conducting gambling in a gambling zone gives the organizer of gambling the right to carry out activities for organizing and conducting gambling in a gambling zone, subject to the requirements and restrictions established by the decision on the creation of the corresponding gambling zone (Clause 1, Article 13 of the Federal Law of December 29, 2006 N 244-FZ).

A license to carry out activities for organizing and conducting gambling in bookmakers' offices and betting shops is a document issued in accordance with Federal Law dated December 29, 2006 N 244-FZ and granting the organizer of gambling the right to carry out activities in organizing and conducting gambling in bookmakers' offices and sweepstakes outside gambling zones, with a mandatory indication in the annex to it of the number and location of branches or other places of activity for organizing and conducting gambling in bookmakers and sweepstakes (clause 9 of article 4 of the Federal Law of December 29, 2006 N 244- Federal Law).

For organizing and (or) conducting gambling without a permit obtained in the prescribed manner to carry out activities for organizing and conducting gambling in a gambling zone, as well as for carrying out activities for organizing and conducting gambling in bookmakers and sweepstakes without a license, or carrying out activities for the organization and conduct of gambling in bookmakers' offices and sweepstakes in gross violation of the conditions stipulated by the license, an administrative fine is imposed on citizens in the amount of two thousand to four thousand rubles with confiscation of gaming equipment; for officials - from thirty thousand to fifty thousand rubles with confiscation of gaming equipment; for legal entities - from five hundred thousand to one million rubles with confiscation of gaming equipment, or administrative suspension of activities for up to ninety days.

Deputy Prosecutor of the Trusovsky District of Astrakhan

N.R. Fakhretdinova

Official website of local government bodies of the city of Nizhnevartovsk

Article 5 of the Federal Law of December 29, 2006 N 244-FZ “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation” establishes that gambling establishments can be opened exclusively in gambling zones. At the same time, gambling zones cannot be created on the lands of populated areas.

Article 171.2 of the Criminal Code of the Russian Federation provides for criminal liability for the illegal organization and conduct of gambling.

Thus, organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or without a license obtained in the prescribed manner to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes outside the gambling zone, or without permission obtained in the prescribed manner to carry out activities related to the organization and conduct of gambling in the gambling zone, or using information and telecommunication networks, including the Internet, or communications, including mobile communications, with the exception of cases of acceptance of interactive bets by organizers of gambling in bookmakers offices and (or) betting shops, as well as the systematic provision of premises for illegal organization and (or) conduct of gambling, is punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one 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.

Bringing violators to administrative liability is regulated by Art. 14.1.1 of the Code of the Russian Federation on Administrative Offences.

Thus, organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or without a license obtained in the prescribed manner to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes outside the gambling zone, or without permission obtained in the prescribed manner to carry out activities related to the organization and conduct of gambling in the gambling zone, or using information and telecommunication networks (including the Internet) or communications (including mobile communications), with the exception of cases of acceptance of interactive bets by organizers of gambling in bookmakers and (or) sweepstakes shall entail the imposition of an administrative fine on legal entities in the amount of eight hundred thousand to one million five hundred thousand rubles with confiscation of gaming equipment.

The Code also regulates the liability of premises owners who offer premises to violators for carrying out these activities.
Thus, the provision of premises for illegal organization and (or) conduct of gambling entails the imposition of an administrative fine on legal entities in the amount of eight hundred thousand to one million five hundred thousand rubles.

Article 14.1.1. Illegal organization and conduct of gambling

1. Organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or without a license obtained in the prescribed manner to carry out activities for the organization and conduct of gambling in bookmakers and sweepstakes outside the gambling zone, or without permission obtained in the prescribed manner to carry out activities related to the organization and conduct of gambling in the gambling zone, or using information and telecommunication networks (including the Internet) or communications (including mobile communications), with the exception of cases of acceptance of interactive bets by organizers of gambling in bookmakers and (or) sweepstakes, -

shall entail the imposition of an administrative fine on legal entities in the amount of eight hundred thousand to one million five hundred thousand rubles with confiscation of gaming equipment.

1.1. Providing premises for illegal organization and (or) conduct of gambling -

shall entail the imposition of an administrative fine on legal entities in the amount of eight hundred thousand to one million five hundred thousand rubles.

1.2. Repeated commission of an administrative offense provided for in Part 1.1 of this article -

shall entail the imposition of an administrative fine on legal entities in the amount of one million five hundred thousand to two million rubles.

2. Lost power. — Federal Law of July 29, 2018 N 237-FZ.

3. Carrying out activities for organizing and conducting gambling in a gambling zone in violation of the conditions provided for by the permit for carrying out activities for organizing and conducting gambling in a gambling zone, or carrying out activities for organizing and conducting gambling in bookmakers and sweepstakes in violation of the conditions, provided for by the license -

shall entail the imposition of an administrative fine on legal entities in the amount of three hundred thousand to five hundred thousand rubles.

4. Carrying out activities related to the organization and conduct of gambling in bookmakers and sweepstakes in gross violation of the conditions provided for by the license -

shall entail the imposition of an administrative fine on legal entities in the amount of five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.

5. The presence of persons under the age of eighteen in a gambling establishment or the involvement of such persons by the organizer of a gambling game to work in a gambling establishment -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles.

Article 14.1. Carrying out business activities without state registration or without special permission (license)
Article 14.1.1-1. Violation by organizers of gambling in a bookmaker's office and totalizator of the requirements for placing bets on official sports competitions and conducting other gambling

Memo for the public on combating illegal gambling activities

The Federal Law of the Russian Federation “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation” provides the basic concepts used in regulating these legal relations.

Gambling is a risk-based agreement to win, concluded by two or more participants in such an agreement between themselves or with the organizer of the gambling game according to the rules established by the organizer of the gambling game.

Activities for organizing and conducting gambling - activities for providing services for concluding risk-based winning agreements with gambling participants and (or) organizing the conclusion of such agreements between two or more gambling participants.

Gaming equipment - devices or devices used for gambling.

A gambling zone is a part of the territory of the Russian Federation, which is intended for carrying out activities related to the organization and conduct of gambling and the boundaries of which are established by law.

A bookmaker's office is a gambling establishment in which the organizer of gambling makes bets with participants in this type of gambling.

Tote is a gambling establishment in which the organizer of gambling organizes betting between participants in this type of gambling, as well as the payment of winnings from the amount of bets accepted from participants in this type of gambling, minus the amount of remuneration charged by the organizer of this type of gambling.

It has been established that gambling zones are created in the territories of the following constituent entities of the Russian Federation:

Republic of Crimea;
Altai region;
Krasnodar region;
Primorsky Krai;
Kaliningrad region.

It has been determined that bookmakers, sweepstakes, and their betting points (with the exception of those opened in gambling zones) can be opened exclusively on the basis of licenses .

Activities for organizing and conducting gambling in bookmakers, betting shops, and their betting points can also be organized outside gambling zones.

For the 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 it in the prescribed manner The procedure for permission to carry out activities related to the organization and conduct of gambling in the gambling zone establishes administrative liability under Art. 14.1.1 of the Code of the Russian Federation on Administrative Offenses, the maximum penalty for which for legal entities is provided in the form of a fine of up to one million rubles with confiscation of gaming equipment.

The use of gaming equipment at betting points, through which betting is made in the absence of a gambling establishment employee, is also grounds for bringing to administrative liability under the above article.

Most “underground” gambling establishments use counterfeit gaming equipment, the possibility of winning on which is almost impossible.

For illegal organization and conduct of gambling, individuals are subject to criminal liability under Art. 171.2 of the Criminal Code of the Russian Federation.