Is it possible to play airport cards. Can you play poker in a cafe? Ksenia Panchenko, independent lawyer
Olga asks: “What is gambling according to the law? If, for example, we play cards in a cafe (not for money), can this lead to a fine, etc.?”
Ksenia Panchenko,
independent lawyer:
According to the Federal Law of the Russian Federation dated December 29, 2006 No. 244-FZ “On state regulation of activities for organizing and conducting gambling and on amendments to certain legislative acts Russian Federation”, a game of chance is a risk-based winning agreement concluded by two or more participants in such an agreement between themselves or with the organizer of a game of chance. Also, this law describes in detail and defines such concepts as “bet”, “winning”, “organizer of gambling”, “participants of gambling”, etc. Further, the same law states that the activity of organizing and gambling can be carried out exclusively in gambling establishments, which meet the requirements provided for by this Federal Law, describes the requirements for the institution and visitors, about slot machines, roulette, etc. As for liability, there are no direct norms in either the Criminal Code or the Administrative Code. But there is Art. 14.1 of the Code of Administrative Offenses (Code of Administrative Offenses), as well as Art. 171 of the Criminal Code - "Responsibility for entrepreneurial activity without a license."
With a big stretch, it is possible to apply Art. 159 of the Criminal Code of the Russian Federation - "Fraud". Therefore, if you play cards, checkers or chess and any other games without betting, not for money, you do not have a bet organizer and everything described above, this will not be considered gambling. And no guardian of the law can forbid you to do this even in a public place.
Again, I’ll make a reservation - it can come up, it can pick up everything, it can even take you to the police station and generally rattle your nerves, but another point is that all these actions of his will not be based on the law, and subsequently you can defend your rights in court.
To get an answer to your question on the pages of the newspaper "Chitai! Gorod" or on the website, leave it in the comments under this news.
All card games can be divided into intellectual and gambling. But some identify a third category, which combines the principles of the first two. We have everything on the portal!
Gambling is the cards in society. In them, sometimes only Luck is important, since no skill can guarantee a perfect alignment. Solitaire games develop intelligence, attentiveness and logic. If someone thinks that stacking them is too easy, we recommend that you try a few games and only then make reckless claims.
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Playing cards with a computer is quite exciting. Artificial intelligence although he strives to win, as laid down by the program, he always tries to help - he allows hints, the return of moves and often offers nice bonuses.
quote: Originally written by SK18:
Gentlemen, Lawyers, can someone clearly explain whether it is possible for my friends, coming to my cafe, to play poker openly, without money? They have their own chips and cards, there are no bets or money on the table, but accordingly, I cannot be sure that the game does not bring some kind of financial interest, so the question is: can they play in my cafe or not? Explain, please, from the point of view of the law, than I risk?
The legal basis for state regulation of the organization and conduct of gambling on the territory of the Russian Federation is determined by the Federal Law of December 29, 2006 N 244-FZ.
Gambling is a risk-based winning agreement concluded by two or more participants of such an agreement between themselves or with the organizer of the gambling according to the rules established by the organizer of the gambling.
Gambling organizer - entity carrying out activities for the organization and conduct of gambling.
Activities for the organization and conduct of gambling are recognized as activities for the provision of services for the conclusion of risk-based winning agreements with participants in gambling and (or) for the organization of the conclusion of such agreements between two or more participants in gambling (paragraphs 1, 5, 6 of Article 4 of the Federal Law of December 29, 2006 N 244-FZ).
There is no evidence from the cafe that there was a provision of services for the conclusion of risk-based agreements on winning and (or) for the organization of the conclusion of such agreements between participants of gambling. There are no signs that correspond to the concept of organizing and conducting gambling from the side of the cafe.
Ownership of the café of the premises in which the activities of organizing and conducting gambling by other persons were carried out, and providing these persons with the premises for use, is not a basis for concluding that the café organized and conducted gambling in this way. The actions of the cafe do not form the objective side of the composition of the administrative offense provided for by Part 1 of Article 14.1.1 of the Code of Administrative Offenses of the Russian Federation.
By virtue of Part 1 of Article 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.
In addition, article 4 of December 29, 2006 N 244-FZ contains the following definitions:
1) gambling- risk based agreement winning concluded by two or more participants of 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;
4) win - cash or other property, including property rights, subject to payment or transfer to the participant of the game of chance upon the occurrence of the result of the game of chance, provided for by the rules established by the organizer of the game of chance;
In other words, a game is considered gambling if there are a combination of signs: the presence of risk, and monetary or property gain.
Hello!
No, there is no official prohibition, if you play cards or other games without interest (not for clicks or push-ups), not for money and you do not have a betting organizer, then this will not be considered gambling. And neither the director nor the police officer can forbid you to do this even in a public place. True, if these prohibitions are prescribed in the LNPA of the school, then it will not work to play cards at school.
According to Article 4 of the Federal Law of December 29, 2006 N 244-FZ (as amended on May 1, 2016) “On State Regulation of Organizing and Conducting Gambling and on Amendments to Certain Legislative Acts of the Russian Federation”:
1) gambling - a risk-based winning agreement concluded by two or more participants in such an agreement between themselves or with the organizer of gambling in accordance with the rules established by the organizer of gambling;
2) bet - gambling, in which the outcome of a risk-based agreement on winning, concluded by two or more participants in a bet between themselves or with the organizer of this type of gambling, depends on an event, regarding which it is not known whether it will occur or not;
3) bet - funds transferred by a gambler to the organizer of gambling (with the exception of funds recognized in accordance with this Federal Law as an interactive bet) and serving as a condition for participation in gambling in accordance with the rules established by the organizer of gambling;
4) winnings - money or other property, including property rights, subject to payment or transfer to a gambling participant upon the occurrence of a result of gambling, provided for by the rules established by the organizer of gambling;
5) the organizer of gambling - a legal entity carrying out activities for the organization and conduct of gambling;
…
Article 5 of this Federal Law:
1. Activities related to the organization and conduct of gambling may be carried out exclusively by the organizers of gambling, subject to the requirements provided for by this Federal Law, other federal laws, laws of the constituent entities of the Russian Federation and other regulatory legal acts.
2. Activities related to the organization and conduct of gambling may be carried out exclusively in gambling establishments that meet the requirements provided for by this Federal Law, other federal laws, laws of the constituent entities of the Russian Federation, and other regulatory legal acts of the Russian Federation.
3. The activity of organizing and conducting gambling using information and telecommunication networks, including the Internet, as well as means of communication, including mobile communications, is prohibited, except as provided for by this Federal Law.
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With respect, Nadezhda.
