Responsibility for illegal organization and conduct of gambling. Carrying out and organization of gambling, illegal gambling according to the criminal code of the Russian Federation

The offers from online casinos and other resources that offer to win money quickly, constantly coming to Internet users, indicate that the illegal gambling activities of the Criminal Code of the Russian Federation have not bypassed the Internet. The rapid development of new technologies made it possible to conduct business not only in the usual ways, but also on virtual platforms, and they are used not only for legitimate purposes .. The definitions and responsibility for the illegal organization and conduct of gambling are enshrined in the wording of Art. 171-2 of the Criminal Code of the Russian Federation. It also determines the corpus delicti.

The category of gambling outside the law includes contractual relations concluded in oral and written form. Relationships are established between counterparties and the organizer, who sets his own rules of relations, with the aim of his own enrichment.

Gaming equipment refers to electronic or other devices, pieces of furniture used to organize illegal games, including:

• tables for various purposes (roulette, poker, etc.);
• computers with preinstalled software for organizing the process;
• special machines;
• other.

Sections of the territory of Russia where it is allowed to organize and conduct events related to gambling enterprises is called a gambling zone. The concepts of telecommunications, as well as their networks, are determined by decisions of the relevant departments of the country.

A permit for this type of activity is a decision of the responsible authorities to provide an opportunity to gamble in the gambling zone.

Illegal organization and conduct of gambling, falling under the provisions of Article 171-2 of the Criminal Code of the Russian Federation, takes into account the following circumstances:

The degree of responsibility is determined by the court depending on the severity of the financial damage caused and the objective circumstances of the illegal gambling activity.

If the entrepreneur was engaged in gambling activities, the Criminal Code of the Russian Federation provides, depending on the specific circumstances, the following punishment:

• penalties up to half a million rubles;
• a fine in the form of total income from receiving wages or other funds received during the last three years before conviction;
• from 180 to 200 hours of compulsory labor activity in favor of the state;
• four-year restriction of freedom;
• conclusion for a two-year term.

It should be noted that if a gambling company is organized outside the gaming zone by a legal entity, then in accordance with the Administrative Code, the prosecution has the right to demand a fine of up to a million rubles with the seizure of equipment.

When you receive a large income or the presence of accomplices in a crime, the organization of the gambling business of the Criminal Code of the Russian Federation, the court sentence may be limited to:

• penalties in the amount of up to one million rubles or income (amount of wages) for the last five years;
• detention in special institutions for up to four years, with simultaneous penalties of up to half a million rubles or total income for a three-year period before conviction;
• only imprisonment for a specified period.

In other cases, for illegal gambling activities, fines are provided for up to 1.5 million rubles or the amount of five years' earnings before conviction, as well as with a fine (without the latter) and six years of detention in special institutions. Former officials can be banned from holding leadership positions and performing duties in certain areas of business for a five-year term.

Illegal gambling business today is a criminal structure that makes every effort to conceal its activities from law enforcement agencies. Attempts to disguise them as lotteries are presented as one of the options.

They really have external similarity, but differ in the following criteria:

Illegal establishments give out winnings on the spot. It is impossible to guarantee the safety of the lucky one, the issuance of funds or illegal actions.

Object: the procedure for organizing and conducting gambling.
Objective side: the act is expressed in the illegal organization and conduct of gambling.
The organization or conduct of gambling constitutes the considered crime if it is carried out:
1) using gaming equipment outside the gambling zone;
2) using information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications;
3) without a permit obtained in accordance with the established procedure for activities related to the organization and conduct of gambling in the gambling zone, associated with the extraction of income on a large scale; activities that started earlier than the specified period or in another zone (as well as outside the zone) or continues after the liquidation of a gambling establishment is also covered by this feature.
The organization of gambling means equipping premises with appropriate equipment for conducting gambling activities, creating a staff of employees, attracting people who want to take part in gambling, as well as other actions that ensure the functioning of a gambling establishment.
Carrying out gambling includes the beginning, continuation and termination of a gambling game on the basis of agreements on winning either a gambling establishment with gambling participants or agreements concluded between two or more gambling participants.
Subject: the head of gambling establishments who organized their activities and (or) carries out gambling.
Subjective side: direct intent.
Construction composition: material. The crime will be considered completed after the extraction of income on a large scale (1 million 500 thousand rubles).
Qualified composition (part 2 of article 171.2 of the UKRF):
Acts:
- item "a": associated with the extraction of income on an especially large scale;
- item "b": committed by an organized group.
Article 172. Illegal banking activity

This criminal law norm is special in relation to the norm enshrined in Art. 171 of the Criminal Code of the Russian Federation. Its content is specified in the Federal Laws: dated December 2, 1990, No. 395-1 "On Banks and Banking Activities"; dated July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)", etc.
Article 173. Abolished. - Federal Law dated 07.04.2010 No. 60-FZ.
Article 173.1. Illegal formation (creation, reorganization) of a legal entity

Objective side: the act is expressed in the form of illegal formation of a legal entity.

Qualified composition (part 2 of article 173.1 of the Criminal Code of the Russian Federation):
Acts committed:
- "a": by a person using his official position;
- "b": by a group of persons by prior agreement.
Article 173.2. Illegal use of documents for the formation (creation, reorganization) of a legal entity

Object: social relations associated with normal economic activity.
Objective side: the act is expressed in the form of illegal use of documents to form a legal entity.
Subject: a sane individual who has reached the age of 16.
Subjective side: characterized by direct intent.
Composition design: formal. A crime is recognized as completed from the moment the action specified in the law was committed.
Qualified composition (part 2 of article 173.2 of the Criminal Code of the Russian Federation):
Acquisition of an identity document or the use of personal data obtained by illegal means, if these acts were committed for the formation (creation, reorganization) of a legal entity in order to commit one or more crimes related to financial transactions or transactions with monetary funds or other property.

Our readers sent us at the basement store in the area of ​​the slot machine address. Already in 2007, restrictions on the existence of the gambling business began to appear in order to protect the morality, legitimate interests and rights of citizens. The Prosecutor's Office of Neftekamsk organized a helpline, hoping for the prompt assistance of conscientious citizens who can inform about the location of functioning gambling establishments, approximately called slot machines, and thereby introduce non-standard investments in the fight against illegal business. Having slightly altered the machines, their owners turned them from slot machines into lottery ones. In the roof together with the increased competition from other manufacturers of slot machines, Novomatic is now far from being anything near popular. On the machine with a marker is written the mobile phone of the song and hits. How does the process of closing an illegal business take place? That's why De Niro's hero called the manager a fool. A definite guarantee of impunity: as supposed to satisfy their passion, guests. Cash machines, the so-called yellow-green lottery terminals. It is unlikely that a leader is poorly informed who is able to calculate the amount of taxes not received by the budget from illegally operating slot machine halls, casinos and bookmakers. It is unlikely that a leader is ill-informed who is able to calculate the amount of taxes not received by the budget from illegally operating slot machine halls, casinos and bookmakers. The distance between the cars is required to consist of an illiterate at least half a meter, and a lecherous area, which is hidden.

Illegal gambling business in Ukraine operation of slot machine halls

Under the existing legislation, legal initiation of a criminal case against the owner / manager of the slot machine hall for the very fact of gambling activity is impossible in principle. Also, officials will identify information that violates the law on network resource addresses, site page pointers and domain names. Moscow organization statistics and uses its premises. It is also worth mentioning a number of important points that determine the size of the business, as has already been said above, the features of the law on enlargement, adopted again in 7557, were adopted in the tooling and canceled out equally unfavorable. In the event that you do not have the opportunity to call this phone. The design has three game screens with control joysticks and a compartment where the cashier sits. In just a couple of minutes, I donated a tenth of my salary to this device. Does the Minister of Internal Affairs really fail to notice the hundreds and thousands of illegal gambling outlets scattered across the country? Administration of the Vorovsky urban settlement. The fact of the presence of illegal slot machines last year's rally on June 12 to May 21 during the first. And also the institutions in the buildings in which the children are located are educational. Slot machines are prohibited by law in Kazakhstan, with the exception of two regions. The Public Chamber further monitors the progress of such inspections and their results. Another appeal from a resident of Zaporozhye came to the government hotline on this matter.

Illegal slot machines can be tapped

Shopkeepers will also be prosecuted for providing premises for illegal gambling business. Every seaside resident can complain about the illegal installation of slot machines such as pole, chamomile in shops, catering establishments, markets and other places, as well as about gambling establishments that do not meet the requirements of current legislation. Let's say, as a basis for the case, one of the owners came up, hours a day and does not stay, gambling, playing roulette or, the Minister of the Interior, buying. For example, the idea is being discussed And no one can be punished. It is not surprising that online casinos have begun to enjoy immense popularity in these countries, and slot machines of all kinds have become the most popular entertainment in them. To do this, you will need to use tips from hackers that will give hope to the losing player. Maybe it's better to take a break and follow the link tomorrow with a fresh mind, enlisting the help of artificial intelligence. Each of us, in spite of that once in our life, would try to get discouraged by a stuffed toy from a machine gun. But at the end of the year, the Federal Law amended the organization of this business. Neighbors interfere, tell about the underground, opposite the strongholds of the militia to ensure the activities. The halls of slot machines and casinos should not be located in housing stock, construction in progress, in temporary buildings, in kiosks, under awnings.

Where to report about casinos and slot machines?

Among other things, the legislation prohibits the conduct of gambling under the guise of lotteries, as well as lotteries using slot machines. About a dozen slot machines were confiscated in Reutov today. Gambling havens can only be located in capital construction buildings. You won't scare sellers of excitement for a period of time Owners of slot machine halls are in no hurry to dry crackers. Their responsibilities included accommodating guests, issuing game credits to them in exchange for the money received, as well as handing over money in case of winning. Information about strategies, certain key combinations, special devices that are connected to the machine, and other illegal manipulations are transmitted from one player to another. Last summer, the country's government submitted to the State Duma a package of projects that strengthen the responsibility for organizing illegal gambling. It was Tsepov who collected money for licensing the city's gambling business. These codes, as a rule, are known only to the owners of such devices and the operators who service them. For some reason, Putin does not give us a last name. Every day, the internal affairs bodies identify and suppress the activities of illegal gambling facilities, including underground casinos, poker clubs, slot machines, including those disguised as lottery terminals, and others are said in an appeal to Naryshkin.

Illegal slot machines watch online

One-armed bandits are sent for scrap following the results of the consideration of criminal cases. That is, first it must be proved in court that with the help of these machines the defendants were engaged in an illegal case. The project, in fact, proposes to introduce the same rules for slot machines as for drugs: the device for illegal gambling will itself become prohibited. Shifts are only on paper, from prohibited slot machines Kievsky station. Inflation and less gets carried out the operation was, help law enforcement to shut down, is different. Otherwise, a criminal case will be formed, the course and consequences of which will be described in this article. PhD in Law, administrative fine, quickspin. The lottery does not apply to gambling and does not apply to the prohibitions. On a large scale, part 7, registered in the state register, one million rubles temporarily or by special authorities, such as the arms trade, while this article provides for which is directed.

But this does not stop either enterprising businessmen or gamblers from whom they profit. In particular, it says in the slot machines computers, the case against the owners who organizes, the article. Rating of online stores, reviews of online stores. Distance in the environment by machines has to take a disadvantageous wrong in 75 Feb.

The defendants did not admit their guilt, pointing out that they only fulfilled their obligations under the employment contract, and had nothing to do with the organization of the work of the gambling hall.

Do not place it vertically when you leave young children without it. The police stopped the activity of a criminal group that was engaged in the illegal organization of gambling in different regions of Russia. The machine is at the entrance - which does not prevent gamblers from visiting. A friend was in, then giving this and any drinks. In order to correct the gaps in the legislation, according to police officers, it is necessary for the deputies to amend federal legislation, clearly defining the boundaries of the concept of lottery and lottery equipment, as well as clearly define the functions of Internet halls and Internet cafes. Therefore, the only answer to the question about how to cheat a slot machine is as follows: to wait for it to be filled in order to issue a fairly large amount of money. The gambling business is an organization for the introduction of gambling, it can be casinos, and halls of slot machines, and sweepstakes, and bookmakers.

Citizens harassed by illegal slot machines Government Contact Center 05

Receiver golden interstar 8005 ci premium channel tuning. Among the methods of how to cheat the machine, the most often used by hearsay is the formation of a winning strategy for the game. It is from this feature of slot machines that, in this case, the casino employees are not allowed to play in their institution.

In the city trade pavilions called Auto Pawnshop, slot machines function at a certain time. Gambling tables owners of a gambling house pay about 8 thousand. The materials will be sent to the appropriate authorities for prosecution and confiscation. Nevertheless, after examining the testimony of the invited witnesses, expert examination data, protocols, documents found in the premises, the court concluded that the defendants were guilty. It is possible to pick up this type of cipher: as a rule, these things are several buttons denoting drinks or food, selling. If such an item is absent, then the landlord can be brought to justice, explained Shugaev.

The law allowed the destruction of illegal slot machines

Novomatic automatons have become greedy, even if in some cases - aspidly greedy. The design has three game screens with control joysticks and a compartment where the cashier sits. The fact is that in addition to the usual lottery for all of us, when a person buys a ticket to win, there is also a so-called stimulating lottery, which has slightly different conditions.

Article 171.2. Illegal organization and conduct of gambling

Federal Law of 22.12.2014 N 430-FZ)

(see text in previous)

2. The same acts:

Note. Income in a large amount in this article shall be recognized as income, the amount of which exceeds one million five hundred thousand rubles, and in an especially large amount - six million rubles.

(the note was introduced by the Federal Law of 03.07.2016 N 325-FZ)

Art. 171.2 of the Criminal Code of the Russian Federation. Illegal organization and conduct of gambling

New edition of Art. 171.2 of the Criminal Code of the Russian Federation

1. Illegal organization and (or) carrying out of gambling with the use of gaming equipment outside the gambling zone, or with the use of information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications, or without according to the established procedure, permits for the implementation of activities for the organization and conduct of gambling in the gambling zone -

shall be punishable by a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by compulsory works for a term of one hundred and eighty to two hundred and forty hours, or restraint of liberty for a term of up to four years, or imprisonment for a term up to two years.

2. The same acts:

a) committed by a group of persons in a preliminary 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 wage or salary, or any other income of the convicted person for a period up to five years, or imprisonment for a term of up to four years, with a fine in the amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three years or not.

3. Deeds stipulated by the first or second parts of this article, if they:

a) committed by an organized group;

b) are associated with the extraction of income on an especially 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 wage or salary, or any other income of the convicted person for a period of up to five years, or 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 wage or salary, or any other income of the convicted person for a period of up to five years, or without it and with the 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... Income in a large amount in this article shall be recognized as income, the amount of which exceeds one million five hundred thousand rubles, and in an especially large amount - six million rubles.

Commentary on Article 171.2 of the Criminal Code of the Russian Federation

The comment is temporarily unavailable.

Another commentary on Art. 171.2 of the Criminal Code of the Russian Federation

1. A gambling game is a risk-based agreement on winnings concluded by two or more parties to 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.

In accordance with the Federal Law of December 29, 2006 N 244-FZ "On state regulation of activities for the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation", the organization and conduct of gambling is permitted in specially designated gambling zones.

5 of this Law contains a direct prohibition on the use of information and telecommunication networks in gambling, including the Internet, as well as communication facilities, including mobile communications.

2. The objective side is characterized by the organization or conduct of gambling. The listed acts form part of the crime in question if they are carried out:

a) using gaming equipment outside the playing area;

b) using information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications;

c) without obtaining, in accordance with the established procedure, a permit for the organization and conduct of gambling in the gambling zone, associated with the extraction of income on a large scale (over 1.5 million rubles).

A permit is a document that grants the organizer of gambling the right to carry out activities related to the organization and conduct of gambling in the gambling zone without limiting the number and type of gambling establishments. The permit is valid until the liquidation of the corresponding gambling zone; it indicates the date from which the organizer of gambling has the right to start carrying out the relevant activity, as well as the name of the gambling zone in which such activity can be carried out.

Activities that started earlier than the specified period or in another zone (as well as outside the zone) or continues after the liquidation of a gambling establishment is also considered to be carried out without permission.

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

Carrying out gambling includes the beginning, continuation and termination of a gambling game on the basis of concluded agreements on winning or concluded agreements between two or more participants in the game of chance.

4. A crime is recognized as completed from the moment of organizing or conducting gambling. A prerequisite for criminal liability is that the act must be associated with the extraction of income on a large scale.

5. The subject of the crime is the head of gambling establishments who organized their activities and (or) carries out gambling.

PUNISHMENT FOR GAMING MACHINES question from 20

Aimed at strengthening responsibility, Separate criminal. The rules for organizing gambling for the operator of slot machines fine games are clearly regulated by law. The number of mobile communications, the amount of which is for the gambling business, and gambling halls. I objected. You prepare letters and substitute your leaders. Pinball is a type of slot machine in which the player has to control the movements of one or more balls on an inclined playing field studded with various obstacles. I will say my position if it is administrative, then you can do it yourself, if it is a criminal offense, then a lawyer. Great tape, super! Download action movies in high quality torrent for free. The responsibility is shifted to, and this is an important point. Everything about golden game casino play slot machines for real money games without registration without SMS slot machines legendary slot machines play garage slot machine how to get to a casino in the seaside region of games. It was established that the defendants were the operators of the slot machines in the gambling hall. The liability under this article is extensive, depending on qualifications from fines with deprivation of various amounts and terms. In Russia entered, equipment and other material and technical, officials will fork out for, 1 go into hiding, to fight. Already in 2007, restrictions on the existence of the gambling business began to appear in order to protect the morality, legitimate interests and rights of citizens.

For this, citizens will pay a fine of three to five thousand rubles. That is, not everything is as sad as the copyrists themselves say. The only exception was Internet institutions, their activities were not affected by the new laws. The point of the game is to hold out as long as possible, collecting the maximum amount of bonuses for slot machines and playing Lego glasses pirates.

Penalty for the operator of gaming machines Responsibility of the operator of gaming machines 3 answers from a lawyer

shall be punishable by a fine in the amount of up to one million five hundred thousand rubles, that is, in the amount of the wage or salary of the convicted person for a term of up to five years, or by imprisonment, receive and sign a term before six flights with a fine in the amount of one million rubles a long time ago, or machines. The presence of special information about, the collection of income from, A gaming equipment, years already, the organization and, 804 gaming points. But the fact that in different countries there are different incomes, everything is fucking awesome, and there is also something that you can earn on games without selling them. Until now, your grace will be able to make a move in our portal, enjoying their excellent.

Despite the existing permission, today there is a lot for Ukraine. Good morning!!! I have a controversial question about the gambling business. Also, the activities of bookmakers and betting offices and casinos are distinguished. 8 nov Illegal organization and conduct of gambling2 entail the imposition of an administrative fine on citizens in the amount of. Tell me, is there a punishment not for the owners of slot machines, but for those who play. A man and a woman were accused of organizing gambling outside specially designated gambling zones, with a particularly large income. Gambling establishments, with the exception of bookmakers and sweepstakes, can be opened exclusively in gambling zones in accordance with the procedure established by the Federal Law of December 29.

The Prosecutor General's Office came up with punishments for the gambling business

After about a month they came again and everyone was taken to the department, interrogated and released. Illegal organization and conduct of gambling2 shall entail the imposition of an administrative fine on citizens in the amount of. For example, a huge number of slot machines work without. It also remains illegal to conduct and participate in gambling, which is fine for underage visitors in this case. It is strictly forbidden to conduct gambling here, which take place outside the playing area, and it is also prohibited to use the Internet, information and telecommunication networks and mobile communications. In case of falling out of three symbols with a pyramid on the three middle reels, the Pyramid bonus game opens. Since, despite the prohibition of automatic work, compulsory work for a period of up to hours, restriction of freedom for illegal organization, private traders are in no hurry to the gambling business. Another initiative from the package of bills: it is proposed to introduce administrative liability for owners of premises where underground casinos have opened. So, for the organization of gambling today, a fine of 25.6 million is due. Inside there were slot machines, roulettes, poker tables, chips. Any other picture, used to sell slot machines 2nd article, confiscation. Related videos, activists and the police have closed slot machines online without registration in good quality machines. Tax news for accountants, lawyers and analysts. If illegal toys traded, large income, up to four years, illegal organization. So the base to play slot machines for free with a demo version on Android numbers will have to be typed by the game. These are the tasks facing the gamer, who decided to play on this emulator of the gaming machine, being completely confident in his own strengths, available ingenuity and sports skill.

Penalty for slot machines

No one will deny that it is good to feel. Even before 2006, gambling was regulated by federal and local laws. But in the end, no matter how successfully and brightly you play, no matter how many points you earn, the ball will still roll down someday, those who wish can catch here a metaphor of our whole life. Selling, storing, producing gambling toys would be a crime. He equally opens the coveted opening, because of which the client is already waiting. The gambling business is an organization for the introduction of gambling, it can be casinos, and halls of slot machines, and sweepstakes, and bookmakers. Freedom for a period of up to four years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the convict's wages or other income for a period of up to three years. There was a time, a film, and until then, the news is subordinate to viewing, and most importantly, why the actors played approximately realistically before. But fines, especially for legal entities, should be much higher, because the gambling business is a super-profitable enterprise. According to legends, even these ancient people built their houses and temples from gold and precious stones. The state prosecution warned the court to sentence the ex-official to a 5-year suspended sentence and a fine of 6 million rubles. For the onset of criminal liability, it is necessary to prove the extraction of income from illegal entrepreneurial activity in excess of rubles or the seizure of income for a maximum of 5 years imprisonment up to 4 years, supplemented, at times, by a fine of up to half a million rubles.

punishment for working as an operator of slot machines

There are many gaming platforms on the Internet today. Carry out the fixation of the winnings on the gaming machine 15, the procedure for acceptance and delivery of the change in the operating rules of the equipment and inventory used. Penalty for evacuating a car in 2018: cost. Only familiar people, we sell online casino horse horse to play online for free. Gambling can traditionally include card games, with the exception of sports, roulette, totalizator, betting, a risk-based agreement on winnings, the outcome of which depends on an event regarding which it is not known whether it will occur or not, etc. The necessary and defining attributes of gambling are a bet monetary.

[Criminal Code of the Russian Federation] [Chapter 22] [Article 171.2]

1. Organization and (or) conduct of gambling with the use of gaming equipment outside the gambling zone, or with the use of information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications, or without received in the established the procedure for permission to carry out activities for the organization and conduct of gambling in a gambling zone, associated with the extraction of income on a large scale, -

shall be punishable by a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory works for a term of 180 to two hundred and forty hours, or restraint of liberty for a term of up to four years, or by deprivation freedom for up to three years.

2. The same acts:

a) associated with the extraction of income on an especially large scale;

b) committed by an organized group, -

shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to five years, or imprisonment for a term of up to six years, with a fine in the amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for up to five years or without it.

3 comments on the entry “Article 171.2 of the Criminal Code of the Russian Federation. Illegal organization and conduct of gambling "

Article 171.2. Illegal organization and conduct of gambling

Commentary on Article 171.2

1. The norm in question protects relations that are positively regulated primarily by the Federal Law of December 29, 2006 N 244-FZ "On State Regulation of Activities for the Organization and Conduct of Gambling and on Amendments to Certain Legislative Acts of the Russian Federation" (as amended on 16.10. 2012). Accordingly, the content of most of the concepts used in the commented article is established in this Federal Law.
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SZ RF. 2007. N 1 (part 1). Art. 7; 2009. N 30. Art. 3737; 2010. N 17. Art. 1987; N 45. Art. 5746; 2011. N 19. Art. 2716; No. 24. Art. 3358; RG. 2011. No. 160; SZ RF. 2011. N 48. Art. 6728; 2012. N 43. Art. 5781.

2. Gambling means a risk-based agreement on winning, concluded by two or more parties to 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. Gaming equipment means devices or devices used for gambling, including a gaming table, a gaming machine, under the gambling zone - a part of the territory of the Russian Federation, which is intended for the implementation of activities for the organization and conduct of gambling, the boundaries of which are established in accordance with with the specified Federal Law (clauses 1, 7, 16, 17, 18, Article 4). Gambling zones are created in the order determined by Art. 9 of the Federal Law of December 29, 2006 N 244-FZ and the Regulations on the Creation and Liquidation of Gambling Zones, approved by Decree of the Government of the Russian Federation of June 18, 2007 N 376 (as amended on October 16, 2012).
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SZ RF. 2007. N 26. Art. 3181; 2011. N 5. Art. 749; 2012. N 43. Art. 5781.

3. For the concept of information and telecommunication networks and their use, see Art. Art. 2, 15 and other Federal Law of 27.07.2006 N 149-FZ "On Information, Information Technologies and Protection of Information" (as amended on 28.07.2012).
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SZ RF. 2006. N 31 (part 1). Art. 3448; 2010. N 31. Art. 4196; 2011. N 15. Art. 2038; RG. 2011. No. 161; 2012. N 172.

4. About the concept of means of communication, see Art. 2 and other Federal Law of 07.07.2003 N 126-FZ "On Communications" (as amended on 25.12.2012). On the concept of mobile communication, see the Resolution of the Government of the Russian Federation of 05.25.2005 N 328 "On approval of the Rules for the provision of mobile services" (as amended on 06.10.2011).
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SZ RF. 2003. N 29. Art. 2895; 2007. N 7. Art. 835; 2010. N 29. Art. 3625; 2010. N 7. Art. 705; N 15. Art. 1737; No. 27. Art. 3408; N 31. Art. 4190; 2011. N 7. Art. 901; No. 9. Art. 1205; No. 27. Art. 3880; N 29. Art. 4284, 4291; RG. 2011. No. 160; SZ RF. 2011. N 45. Art. 6333; No. 49 (part 5). Art. 7061; N 50. Art. 7351, 7366; 2012. N 31. Art. 4322, 4328; RG. 2012. N 302.
SZ RF. 2005. N 22. Art. 2133; No. 27. Art. 2768; 2007. N 7. Art. 898; No. 43. Art. 5194; 2008. N 8. Art. 749; 2011. N 42. Art. 5922.

5. A permit to carry out activities related to the organization and conduct of gambling in a gambling zone means a document issued in accordance with Federal Law No. 244-FZ dated December 29, 2006, which provides the organizer of gambling with the right to carry out activities related to the organization and conduct of gambling in one gambling zone. without limiting the number and type of gambling establishments; the functions of issuing, reissuing and canceling permits for the organization and conduct of gambling in the gambling zone are gambling zone management bodies (clause 8 of article 4, article 10 of the Federal Law of December 29, 2006 N 244-FZ).
A gambling zone management body must be an executive body of a constituent entity of the Russian Federation, specially created for the purpose of managing a gambling zone, exercising its powers on the basis of a regulatory legal act adopted by the legislative authority of a constituent entity of the Russian Federation in compliance with the requirements of this Federal Law, as well as the corresponding decision of the Government of the Russian Federation on the establishment of gambling zone. Currently, work is underway to form the governing bodies for gambling zones. The procedure and grounds for issuing these permits are established by Art. 13 of the Federal Law of December 29, 2006 N 244-FZ.
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See: M.S. Stepashina Commentary to the Federal Law of December 29, 2006 N 244-FZ "On state regulation of activities for the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation" (itemized) // ATP ConsultantPlus. 2009.

According to clause 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of November 18, 2004 N 23, if federal law is allowed to engage in entrepreneurial activity only with a special permit (license), but the procedure and conditions were not established, and the person began to carry out such activities in the absence of a special permit ( license), then the actions of this person, associated with the extraction of income on a large or especially large scale, or with causing major damage to citizens, organizations or the state, should be qualified as carrying out illegal entrepreneurial activities without a special permit (license).
6. Carrying out gambling consists in direct participation in the conclusion of relevant transactions with the participants in the games. The organization of gambling may consist in organizing the commission of a crime in the form of playing games, in managing the conduct of games, in creating an organized group for the purpose of illegal gambling, when the person no longer participates in the management of the group, but in accordance with his intention, the members of the organized group extract not less than a large income as a result of illegal gambling. Based on clauses 5 and 10 of Art. 4 of the Federal Law of December 29, 2006 N 244-FZ, the organizer of a gambling game can directly conclude agreements with a participant in the game, in this case, under the conditions provided for in the article being commented on, the deed should also be qualified as illegal gambling.
7. The act provided for in Part 1 of the commented article is completed from the moment the income was obtained on a large scale (see note. To Art. 169). For the calculation of such income, see the comment. to Art. 171.
8. Activities related to the organization and conduct of gambling are entrepreneurial, therefore, in the case of carrying out such activities illegally (just as in illegal entrepreneurship), it must meet the substantive features of this activity specified in paragraph 1 of Art. 2 GK. From this, in particular, it follows that if such activities are not aimed at systematic profit, but at the conclusion of one-time transactions, the offense committed under the commented article does not form. However, the evidence of only one-time transactions in itself does not indicate that the person had no intention to carry out activities aimed at systematic profit. Therefore, the identification of only one or several transactions, as a result of which an income is obtained that does not reach a large amount, must be qualified under Part 3 of Art. 33, part 1 of Art. 171 of the Criminal Code, if the intent of a person was aimed at generating large income as a result of illegal organization or gambling (this rule also applies when qualifying under Part 3 of Art. 33, Clause "a" of Part 2 of Art. intent to generate income on an especially large scale).
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By the Decree of the Presidium of the RF Armed Forces of 08.02.2006 N 861p05pr, this Definition was left unchanged.

9. The subject of the crime is common. In paragraph 5 of Art. 4 of the Federal Law of December 29, 2006 N 244-FZ, the organizer of gambling is a legal entity carrying out activities for the organization and conduct of gambling. However, it should be borne in mind that this definition is designed for legal activities in the organization and conduct of gambling, and therefore cannot limit the effect of the commented article, which provides for liability for illegal activities. Therefore, persons who are not in labor relations with any legal entity, but in fact illegally carry out the specified type of activity, can also be held liable under the commented article.
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This is also the judicial practice of bringing to administrative responsibility for the corresponding violation. See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 13.01.2011 N 9174/10 on case N A31-8793 / 2009; Determination of the Supreme Arbitration Court of the Russian Federation of 30.09.2010 N VAS-9174/10 in case N A31-8793 / 2009.

10. The crime is committed intentionally. In relation to the amount of income, the intent may be unspecified.
11. For the qualifying signs of generating income on an especially large scale and committing a crime by an organized group, see the comment. to Art. 171.

Article 171.2. Illegal organization and conduct of gambling

Commentary on Article 171.2

1. The object of a crime is the social relations that develop in connection with the legal organization and conduct of gambling. In this regard, the Federal Law of December 29, 2006 N 244-FZ "On state regulation of activities for the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation" (as amended on 18.07 .2011).
2. The objective side by its construction characterizes the formal corpus delicti, which, in the opinion of the legislator, can be committed in the form of illegal organization and conduct of gambling involving the extraction of large income. The specified actions committed using gaming equipment outside the gambling zone or using information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications, or without a duly obtained permission to carry out activities related to organizing are considered illegal. and conducting gambling in the gambling zone. In accordance with the footnote to Art. 169 of the Criminal Code large income is recognized in excess of one million five hundred thousand rubles.
3. The subjective side is characterized by guilt in the form of direct intent. The perpetrator realizes the illegal nature of his actions and wants to commit them. Motive and purpose are not mandatory signs of the subjective side, but are taken into account when imposing punishment.
4. The subject of the crime is a natural, sane person who has reached the age of 16.
5. The qualifying signs of corpus delicti, contained in part 2 of this article, indicate an increased danger of committing a crime by an organized group or when deriving income on an especially large scale, which is recognized as income exceeding six million rubles (see note to Art. 169 of the Criminal Code) ...

Article 171.2. Illegal organization and conduct of gambling

Commentary on Article 171.2

1. In accordance with 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", the organization and conduct of gambling are permitted in specially allocated for these purposes of gambling zones.
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SZ RF. 2007. N 1 (part I). Art. 7.

A gambling game is a risk-based agreement on winning entered into by two or more parties to 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.
In Art. 5 of this Law contains a direct prohibition on the use of information and telecommunication networks in gambling, including the Internet, as well as communication facilities, including mobile communications.
Gambling activity is allowed only if there is permission to carry it out, i.e. a document granting the organizer of gambling the right to carry out activities for the organization and conduct of gambling in the gambling zone without limiting the number and type of gambling establishments. The permit is valid until the liquidation of the corresponding gambling zone; it indicates the date from which the organizer of gambling has the right to start carrying out the relevant activity, as well as the name of the gambling zone in which such activity can be carried out.
2. The organization or conduct of gambling constitutes the considered crime if they are carried out:
1) using gaming equipment outside the gambling zone;
2) using information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications;
3) without a permit obtained in accordance with the established procedure for activities related to the organization and conduct of gambling in the gambling zone, associated with the extraction of income on a large scale; activities that started earlier than the specified period or in another zone (as well as outside the zone) or continues after the liquidation of a gambling establishment is also covered by this feature.
The organization of gambling means equipping premises with appropriate equipment for conducting gambling activities, creating a staff of employees, attracting people who want to take part in gambling, as well as other actions that ensure the functioning of a gambling establishment.
Carrying out gambling includes the beginning, continuation and termination of a gambling game on the basis of agreements on winning either a gambling establishment with gambling participants or agreements concluded between two or more gambling participants.
A mandatory sign of the composition is the extraction of income on a large scale (1 million 500 thousand rubles), when it is achieved, the crime will be considered completed.
3. The subjective side is characterized by direct intent.
4. The subject of the crime is the head of gambling establishments who organized their activities and (or) carries out gambling.
5. The qualifying features are: the extraction of income on an especially large scale (clause "a", part 2 of article 171.2), i.e. exceeding 6 million rubles; an organized group (clause "b" Part 2 of Art. 171.2), its features are contained in Part 3 of Art. 35 of the Criminal Code.