Gambling, casinos and slot machines in the Russian Federation are not prohibited by law. Punishment is imposed only for the illegal organization and conduct of gambling. Any citizen has the opportunity to organize a gambling business - you just need to get special permission. Otherwise, a criminal case will be formed, the course and consequences of which will be described in this article.
Gambling: what is it?
In Russia, Law No. 244-FZ "On State Regulation of Activities in the Field of Organization of Gambling Games" is in force. In accordance with this regulatory act, gambling games 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. Rules are always set by the organizer.
It is worth distinguishing the concepts of gambling and lottery games. In the first case, the norms of criminal law apply, in the second - administrative. Often, scammers disguise a casino as a lottery, which is punishable under the Criminal Code of the Russian Federation.
The game organizer may be a natural or legal person. It is he who is responsible for the illegal organization and conduct of gambling games. Punishment is imposed in accordance with the provisions of the Criminal Code of the Russian Federation, if it is an individual, and in accordance with the norms of the Code of Administrative Offenses - if legal entities are involved in the case.
Criminal liability for the illegal organization and conduct of gambling
Getting a gambling business today is not so simple. You have to go through a number of complex bureaucratic procedures, request a lot of documents, find a suitable place, etc. Naturally, individual citizens do not want to trouble themselves with such work, and therefore organize their business illegally. This, in turn, is a crime for which sanctions must be imposed.
We are talking about ordinary citizens, that is, individuals. According to article 171.2 of the Russian Criminal Code, a citizen is punished with 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, among which:
- commission of a crime by a person using his official position (for example, a policeman “protects” casino organizers);
- committing a crime in a group;
- extraction of especially large income.
An aggravated crime entails a fine of up to one million rubles, a prison term of up to six years, or a deprivation of the ability to hold a professional position for a term of up to five years.
Thus, quite serious sanctions are imposed for the illegal organization and conduct of gambling. Next, we will talk about how to organize a gambling business in accordance with the law.
Problems of criminal regulation in the field of illegal organization and holding of gambling
In the comments to Art. 171.2 of the Russian Criminal Code refers to possible difficulties and problems that may arise in the organization of state regulation of gambling. Successful work in this area is possible only in the case of competent highlighting of the special features of the gambling business. These include:
- payment and risk;
- the presence of an agreement between the participants and the organizer;
- the presence of the rules of the game, conditions for obtaining a win and other features.
Such a criminal act as the illegal formation and conduct of gambling has a whole system of objects. At the first step there is a generic object. It is understood as the procedure established by law for the implementation of the state economy. The following is a species object - the order of implementation of economic activity. Finally, there is an immediate object. Here we are talking about a business process that is 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 a generic object of public morality and health, in the case of the act in question, we are talking about an economic factor.
State regulation of the gambling business
The prosecutor's office of the Russian Federation carefully 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 that, you will have to work in accordance with the law under the constant supervision of the state. 
The authorities themselves must regulate the gambling business as follows:
- establish the procedure for the implementation of activities on the formation of gambling business and its implementation;
- identify areas and zones allowed for gambling games;
- 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 organization and conduct of gambling.
Allowed for play 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, 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. In his competence is the formation of borders, signs, names and other parameters of gambling establishments. Moreover, the executive authority of the Russian Federation cannot decide on the removal of the gambling zone within ten years from the moment of its creation.
Features of the illegal gambling business
Attention should be paid to the activities of law enforcement agencies that are engaged in investigations in this area. Here are some points that an investigator or inquiry officer should pay attention to, in order to detect the illegal conduct of gambling:
- the use of slot machines for games, or other special equipment that can be used to conduct games of a gambling nature;
- special information about the casino or gaming machines;
- use of the Internet to organize online casinos;
- the organizers do not have a special license or an expired license.
Thus, the principles and conditions for organizing an illegal gambling business are always equally simple. Criminals do not have the appropriate documentation, work underground and have a limited circle of visitors.
Case Investigation Procedure
Article 171.2 of the Russian Criminal Code does not provide any information on the procedure for investigating crimes in the field of illegal organization and conducting 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 clarify the method of committing 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.
How does the operation to capture the organizers of the illegal organization and conduct of gambling begin? The case report received by law enforcement officials from the authorities includes the task of monitoring suspicious objects. Next, you need to try to establish personality. As soon as a sufficient amount of information has been collected, the employees themselves will seek the services of a casino. This is called an imaginary transaction, necessary to verify the mechanism of the working organization. At the last stage, witnesses and accused are interrogated, equipment is seized, documentation is checked, examinations and experiments are conducted.
Online casino
In countries around the world, the attitude to online casinos is different. Somewhere for their organization you need a license, and somewhere similar 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 gambling outside specialized halls and territories. The creators of gaming halls in the Internet space will be held accountable under article 171.2 of the Criminal Code of the Russian Federation. If the organizer of the casino is not in Russia, then the sanction will be imposed on the corresponding Internet provider.
Arbitrage practice
For a better understanding of the crime in question, it is worth talking about one real example. Law enforcement authorities opened a case on the organization of gambling by a man and a woman. The room with many slot machines was located outside the specialized area, and as a result was not registered in the state register. Moreover, the gambling premises made it possible to receive particularly large profits from illegal business.
As it turned out, the man and woman were the operators of the gaming tables. In view of the fact that both accused were characterized positively and had children, two years in prison were commuted to probation.
Administrative punishment
The Code of Administrative Offenses also contains a rule on gambling games. Article 14.1.1 of the Code describes legal entities that illegally organize a gambling business. The fine in this case is set to 1 million rubles. The same punishment threatens casino organizers through the Internet communications network.
In addition to the casino, we are talking about bookmakers in the CAO. For organizing bookmaking activities without a special license, the perpetrators 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 higher - up to 1 million rubles.