Is it possible to play cafe cards. Can I play cards in public places? Ksenia Panchenko, independent lawyer
quote: Originally written by CK18:
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 and 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, what am I risking?
The legal basis for state regulation of activities for the organization and conduct gambling within the territory of Russian Federation are determined by the Federal Law of December 29, 2006 N 244-FZ.
A gamble is a risk-based agreement on winnings 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.
Gambling organizer is a legal entity that organizes and conducts gambling.
Activities related to the organization and conduct of gambling are recognized as activities related to the provision of services for the conclusion of risk-based agreements on winning with gambling participants and (or) for organizing the conclusion of such agreements between two or more gambling participants (clauses 1, 5, 6 of Article 4 of the Federal Law of December 29, 2006 N 244-FZ).
There is no evidence on the part of the cafe that there was a provision of services for the conclusion of risk-based agreements on winning and / or for organizing the conclusion of such agreements between participants in the game of chance. There are no signs that correspond to the concept of organizing and conducting gambling activities on the part of the cafe.
The fact that the cafe belongs to the premises in which the activities for the organization and conduct of gambling were carried out by other persons, and the provision of premises to these persons for use, is not a basis for the conclusion that the cafe was thus organizing and conducting gambling. The actions of the cafe do not form the objective side of the composition of an administrative offense provided for in 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 responsibility 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- 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;
4) gain- monetary funds or other property, including property rights, subject to payment or transfer to a gambling participant upon the occurrence of a gambling result stipulated by the rules established by the gambling organizer;
In other words, the game is considered gambling with a combination of signs: the presence of risk, and monetary or property gain.
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 a card in society. In them, sometimes only Luck is important, since no skill can guarantee an ideal alignment. Intelligence, attentiveness and logic develop solitaire games. If someone thinks that adding them is too easy, we recommend trying a few games and only then make rash statements.
As for the gambling and intellectual games, a lot is required here. Intelligence, logic, memory, good knowledge of the rules and, most importantly, no cheating. Card games on our portal are held in an exceptionally honest atmosphere. After all, the task of flash games is not to get money from the players, but to have a pleasant pastime. Therefore, if in our games and there is poker or other similar alignment, then its goal is absolutely "peaceful".
Playing cards with a computer is quite exciting. Artificial intelligence although he strives to win, as it is laid down by the program, he always tries to help - he allows hints, returns of moves and often offers pleasant bonuses.
Olga asks: “What is the law of gambling? If, for example, we play cards in a cafe (not for money), this could lead to a fine, etc.? "
Ksenia Panchenko,
independent lawyer:
According to the Federal Law of the Russian Federation of December 29, 2006 No. 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", gambling is a risk-based winning agreement concluded by two or more by the parties to such an agreement between themselves or with the organizer of the gambling game. Also, this law describes in detail and gives definitions to such concepts as "bet", "winning", "organizer of a gambling game", "participants in a gambling game", etc. Further, the same law states that the activities of the organization and the conduct of gambling can be carried out exclusively in gambling establishments that meet the requirements provided for by this Federal Law, the requirements for the establishment and visitors, about slot machines, roulette, etc., are described. There is no administrative code. But there is Art. 14.1 of the Administrative Code (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 wagering, not for money, you do not have a bet organizer and everything described above, this will not be considered a gamble. And no guardian of the law can forbid you to do this even in a public place.
Again, I will make a reservation - he may come up, he may take everything, he may even take you to the police station and generally ruffle your nerves, but another point - all these his actions 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 "Chitay! Gorod" or on the site, leave it in the comments under this news.
Hello!
No, there is no official prohibition, if you play cards or other games without interest (not for clicking or push-ups), not for money and you do not have a bet 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 the school will not be able to play cards.
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 activities related to the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation":
1) gambling - a risk-based winning agreement 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;
2) betting - a game of chance in which the outcome of a risk-based agreement on winning, concluded by two or more betting participants between themselves or with the organizer of this type of gambling, depends on an event for which it is not known whether it will occur or not;
3) bet - funds transferred by a gambling participant to the organizer of a gambling game (with the exception of funds recognized in accordance with this Federal Law as an interactive bet) and serving as a condition for participation in a gambling game in accordance with the rules established by the organizer of a gambling game;
4) winnings - monetary funds or other property, including property rights, subject to payment or transfer to a gambling participant upon the occurrence of the result of a gambling game provided for by the rules established by the organizer of the gambling game;
5) organizer of gambling - a legal entity carrying out activities for the organization and conduct of gambling;
…
In article 5 of this Federal Law:
1. Activities related to the organization and conduct of gambling may be carried out exclusively by 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. Activities related to the organization and conduct of gambling using information and telecommunication networks, including the Internet, as well as communication facilities, including mobile communications, is prohibited, except as otherwise provided for by this Federal Law.
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With respect, Nadezhda.