We discuss key changes in the federal law on the gambling industry with a legal expert

Фз №244 about gambling business - rupoker

How the regulation of sports betting on the Runet will affect the sites, earning from advertising bookmakers?

As a business owner, I am primarily interested in making a profit. In spite of this, I am always ready to give up a one-time / quick profit in favor of a long-term perspective. To this day, we are offered to advertise all sorts of casinos and other dubious products, loosely related to our topic, for a lot of money, but as I have said more than once, I prefer to make money without adventures. На «Рейтинге Букмекеров» как на бизнесе легализация букмекерства может сказаться неоднозначно.

One side, we will have fewer advertisers, since not everyone in a row will receive a license. And as you know, the less demand, the lower the price for the service. On the other hand, those companies, who will get a license, will not be afraid of long-term investments in marketing, and the lack of sponsors will be compensated by large marketing budgets.

The only thing, what worries me as the owner of RB, so this is, what's on the market, perhaps, there will be no companies with a good reputation. And you will have to make a rating based on the principle of choosing the least evil. But again, I see no other reason for large international companies to refuse to operate in Russia., apart from unwillingness to depend on the SRO, which can use all the same leverage - commission on payments, in order to put pressure on business or parasitize on it.

Overall I am an entrepreneur, certainly, I stand for regulated gambling. Immediately after that, we will receive a multiplier for assessing the cost of our resource, which is usual for the Internet technology market. (now it is much lower). But I do not want to rely on the prudence of persons, into whose hands such a powerful lever of pressure on our potential advertisers will be transferred. I repeat, better let it just not be.

By the way, i am almost sure, what if opponents of the draft amendments were engaged in constructive criticism instead of, to speak, that everything is fine with us and we must leave everything as it is, they would surely have been heard. Neither MPs, neither the government is sufficiently aware of the state of the sports betting industry and the mechanisms within it. This was demonstrated by the speeches of the State Duma deputies at the round table, as well as their further statements in the press. And now these people, in whose hands actually lies the fate of sports betting on the Runet, hear from one side, that it is necessary to regulate Internet gambling and introduce it into the legal field, and from the opponents of the project - fantasies about, what children will put in terminals. In addition, a third party has become active, who at her populist-clown rallies talks about the connection between sports betting and slot machines. Interesting, from whose submission they were activated?

Gotta admit, that the arguments of the opposition to the adoption of the amendments are very weak, and if I were a deputy, I would listen to the arguments of the supporters of the amendments, but experience shows, that sometimes logic is not the only thing, what is the national assembly guided by. Hopefully, that this post will not only be read by players, but also all other parties involved in the process and, may be, listen to my point of view. I tried to be as objective as possible.

How the law will affect the gambling industry?

At first, these laws do not apply to the domestic market, which are very strictly regulated in their activities and are absolutely controlled by the state. The foreign online gambling industry does not fall within the scope of the Russian legislation.

That's the law 244 FZ (and 358 FZ, as an amendment) just by a certain measure and closes this gap. Ban the sites themselves they, basically, can not, therefore, we chose a different path - to prohibit depositing and withdrawing money from online gambling (we have already written about the withdrawal of money). what, basically, logically, since there is no money - there is no way to play. It seems that everything is the finish, however, things are actually not that simple.

Even though, that banks are obliged to block these operations, but the process itself is very complicated and complicated. The law came into force since 1 january 2018 of the year, articles on blocking - in May, but they started just now.

What is the reason?

This is due to the fact, what is needed for this 2 things:

  • Required software, who can track these transactions. With this, like, no problems on the one hand, on the other hand, for this it is necessary to allocate additional power. Do not forget about the "Yarovaya package", which also requires serious investments in the re-equipment of the banking sector.
  • The blocking procedure itself. To block a payment, the company must have a code, assigned by the payment system, which will contain information about, that this payment goes to gambling or is simply on the Black List of the Federal Tax Service. Getting there is also not easy. To do this, you need to have indisputable evidence that, что компания занимается организацией азартных игр. Roughly speaking, representatives of the Federal Tax Service will make test purchases, on the basis of which a decision will be made to include the resource in the Black List. It's much easier with payment codes., everything here rests only on software and bank resources.

Is there a way out of the situation?

The question of a complete ban on such transfers is a matter of time. It is possible to predict a surge in the activity of online exchangers. Experts talk about the use of cryptocurrencies, which just would not be prevented by such a surge now.

Or for example, if you fund your non-gambling NETELLER wallet, and then transfer this money to your Skrill wallet, то сможете использовать средства абсолютно на любые цели. Это даёт ряд ощутимых преимуществ:

  • At first, both accounts belong to you, which makes payments absolutely safe.
  • Secondly, they can also be easily displayed later.

Description of the federal law 244

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

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

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

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

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

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

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

Download FZ 244 about gambling business

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

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

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

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

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

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

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

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

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

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

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

Additional 100 million rubles to enter the SRO

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

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

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

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

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

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

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

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

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

Solution to the problem

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

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

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

Conclusion

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

The situation for Russian gambling establishments

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

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

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

Document overview

The technical regulations on fire safety requirements have been adjusted.

Specified, that we are talking about general fire safety requirements for production, not industrial facilities.

With regard to cultural heritage sites (monuments of history and culture) of the peoples of Russia for religious purposes, fire safety requirements are established by the relevant regulatory document on fire safety. Эта норма вступает в силу по истечении 1 года после официального опубликования закона. Until this moment, the technical regulations apply to these religious objects in part, appropriate to the scope of conservation work, if the project documentation contains fire safety requirements, was sent for a state examination and approved by the relevant body for the protection of cultural heritage objects.

Prescribed, how the identification of protected objects is carried out.

Religious facilities by functional fire hazard class are classified as buildings of public service organizations.

Updated requirements for the declaration of fire safety.

So, to assess compliance with the fire safety requirements of the protected object with the number of floors not more than 2, общая площадь которого составляет не более 1 500 sq. m (with some exceptions), the owner or other legal owner can voluntarily draw up a fire safety declaration.

В случае изменения содержащихся в декларации пожарной безопасности сведений уточненные декларации необходимо представлять в течение 1 года со дня изменения.

Excluded norm, setting the maximum distance from the production facility and fire station to residential and public buildings, medical and educational organizations, recreation facilities.

Requirements for the placement of aboveground tanks with liquefied flammable gases are provided.

No longer required, that along the perimeter of the sites of production facilities for the storage of petroleum products, a device for a closed earth embankment or a fencing wall made of non-combustible materials is provided.

Clarified fire safety requirements for elevators.

Fire safety requirements for electrical products are excluded.

The rules for confirming the compliance of products with the requirements of fire safety of building materials are prescribed, having limit (the most dangerous) fire hazard indicators.

At the same time, the procedure for determining the fire hazard class of building structures has become invalid.

The law comes into force on the day of its official publication, except for certain provisions.

To view the current text of the document and receive full information on the entry into force, changes and order of application of the document, use the search in the Internet version of the GARANT system:

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