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Legislation explanation on a subject: "The responsibility provided for illegal gambling activity"

Legislation explanation on a subject: "The responsibility provided for illegal gambling activity"

 

In the light of strengthening of fight against the illegal organization and carrying out gamblings the Federal law of 20.07.2011 No. 250-FZ "About modification of separate acts of the Russian Federation" by which articles providing responsibility for the illegal organization and carrying out gamblings are entered into the Criminal code of the Russian Federation and the Code of the Russian Federation about administrative offenses is adopted. This Law came into force 06.08.2011.

Work on identification and suppression of activity of illegal gambling institutions is one of priority activities, is on a constant control of prosecutor's office. Now on an initiative and with direct participation of bodies of prosecutor's office the quantity of the institutions continuing to carry out services in the sphere of illegal gambling activity in the territory of Chelyabinsk considerably decreased. Achievement of tasks of suppression of an illegal gaming is promoted by a role of bodies of prosecutor's office for the organization of interaction and coordination of the controlling and law enforcement agencies. Thanks to joint actions of law enforcement agencies it was succeeded to break a situation: in the city only spontaneously appearing gambling institutions which right there come into the view of supervisory and supervisory authorities work.

The prosecutor's office of the city and prosecutor's offices of areas on a constant basis carry out monitoring of the Internet network, raids on estimated objects of implementation of gambling activity are everywhere carried out. All addresses which came to the bodies of prosecutor's office connected with information on implementation in the territory of the city of gamblings are on control. In case of identification of violations measures of public prosecutor's reaction are taken.

The federal law of 29.12.2006 "About state regulation of activities for the organization and carrying out gamblings and about modification of some acts of the Russian Federation" it is authorized to No. 244-FZ to open gambling institutions (except for bookmaker offices and totalizators) it is exclusive in gambling zones (Altai Krai, Primorsky Krai, the Kaliningrad region, Krasnodar Krai) in the order established by the law.

I explain that administrative responsibility for the illegal organization and carrying out gamblings is provided by Art. 14.1.1 of the Code of the Russian Federation about administrative offenses.

Owing to p.1 Art. 14.1.1 of the Code of the Russian Federation about administrative offenses the organization and (or) carrying out gamblings with use of the gaming equipment out of a gambling zone or with use of information and telecommunication networks, including the Internet networks, and also means of communication, including mobile communication, - attract imposing of an administrative penalty on citizens at the rate from three thousand to five thousand rubles with confiscation of the gaming equipment; on officials - from thirty thousand to fifty thousand rubles with confiscation of the gaming equipment; on legal entities - from seven hundred thousand to one million rubles with confiscation of the gaming equipment.

Taking into account the current legislation in the most effective way of counteraction of illegal activity in the sphere of a gaming there is an initiation of cases of administrative offenses with confiscation of the withdrawn gaming equipment.

Article 171.2 of the Criminal code of the Russian Federation provides criminal liability for the illegal organization and carrying out gamblings. This article is special norm in relation to Art. 171 of the Criminal code of the Russian Federation "Illegal business".

Part 1 of Art. 171.2 of the Criminal code of the Russian Federation consolidates the main corpus delicti which object is the procedure of business activity in the sphere of a gaming.

Owing to p.1 Art. 171.2 of the Criminal code of the Russian Federation the organization and (or) carrying out gamblings with use of the gaming equipment out of a gambling zone, or with use of information and telecommunication networks, including the Internet networks, and also means of communication, including mobile communication, or without the permission to implementation of activities for the organization and carrying out gamblings got in accordance with the established procedure in a gambling zone, interfaced to commercialization in a large size, - are punished by a penalty at the rate to five hundred thousand rubles or at a rate of a salary or other income condemned for the period from one to three years, or obligatory works for a period of hundred eighty till two hundred forty o'clock, or restriction of freedom for a period of up to four years, or imprisonment for a period of up to three years.

On the basis of h. 2nd Art. 171.2 of the Criminal code of the Russian Federation same acts: a) interfaced to commercialization in especially large size; b) made by organized group, - are punished by a penalty at the rate to one million rubles or at a rate of a salary or other income of the condemned for the period till five years or imprisonment for a period of up to six years with a penalty at the rate to five hundred thousand rubles or at a rate of a salary or other income condemned for the period till three years or without that and with deprivation of the right to hold certain positions or to be engaged in a certain activity for a period of up to five years or without that.

Part 2 of Art. 171.2 of the Criminal code of the Russian Federation fixes the qualified structure of the same criminal action. The sanction on the qualified corpus delicti, provided ch.2 by Art. 171.2 of the Criminal code of the Russian Federation, - alternative, rather certain with possibility of imposing of additional punishment.

According to the law gamblings are understood as the agreement on a prize based on risk concluded by two or several participants of such agreement among themselves or with the organizer of gambling on the rules established by the organizer of gambling. Under the gaming equipment the devices or adaptations used for carrying out gamblings, including a game table, the slot machine mean. The gambling zone is a part of the territory of Rossiyky Federation which is intended for implementation of activities for the organization and carrying out gamblings which borders are established according to the federal legislation. Carrying out gamblings consists in direct participation in the conclusion of the corresponding transactions with participants of games. The organization of gamblings can consist in the organization of commission of crime in the form of carrying out games, in the management of carrying out games, in creation of organized group for the purpose of illegal carrying out gamblings when further the person does not participate in the management of group any more, but according to his plan participants of organized group take not less than the large income in result of illegal carrying out gamblings. The act provided p.1 by Art. 171.2 of the Criminal code of the Russian Federation is ended from the moment of commercialization in a large size. The crime is committed deliberately. In relation to the income size the intention can be not concretized. The legal entities and persons which are not in the labor relations with any legal entity, but actually illegally carrying out the specified kind of activity can be involved in responsibility under the specified article.

The large size is understood as commercialization over 1 500 000 rubles, and under especially large - over 6 000 000 rubles.

 

 

Assistant prosecutor of the city

lawyer 2 classes of M. E. Kirtyanov