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While the authorities fight with gambling business former
participants are trying to find the loopholes in the law and continue
to “reap the fruits” turning into slot machines to lottery.
We’ve asked to comment the situation the Chairman of
board of directors (Alsart group) Lyubov Loginova and know if it is
really effective decision at present.
News4Amuse (N4A): Lyubov, what is your attitude to stimulating lotteries?
Lyubov
Loginova (L.L.): As any kind of business it has right for life and I
attitude to them positively. National lotteries were always clear.
People played them all the times. But government took the lottery under
control not long ago. The law “About lotteries” was taken a year ago.
Abroad business works only within the law and payments to the budget
are serious non-budget source for financing of social sphere. And now
thanks to the legislation in Russia payments to the budget are equal to
10%.
Another question is private stimulating lotteries which start to
appear nearly year ago as a new decision for screen of gambling
business. The name was changes, essence is the same. In fact, now is
going the “signboard’s change” of gambling to lottery.
It’s very easy: bill validator is moved off, make jailbreak of
gambling board and put the word “loto” near the game’s name, after the
meters’ name is changed and the documents are prepared for getting the
certificate confirming that now it is a lottery equipment. Everything
is easy.
N4A: Is it lawfully?
L.L.: Illegally. Any
clever person understands that it is only screen. Automat, terminal,
anything which has the central block of control and containing gambling
programme (even without bill validators and etc.) is a slot machine!
Federal law of Russian Federation dated to December 29, 2006,
244-FA “About government regulation of gambling activity”, article 4,
clause 18
Slot machine is a gambling equipment (mechanical,
electrical, electronic or another technical equipment) using for
holding gaming with material win which is determined at random by
device inside the body of such gambling equipment without organizer of
gaming or employees.
There is a letter of Ministry of Finance dated to April 7, 2008
№ 05-03-08/19 “Activity for gambling organization” is said that “any
attempts to perform gambling equipment as lottery with the aim of
resignation from governmental control by modification of slot machines
is illegal”.
Great amount of equipment which is suitable for
operation is on the warehouses. The most simple decision for operators
is to make from it lottery equipment.
But to remake is not enough, you also should have a certificate
confirming absence of UO (undeclared opportunities) for using lottery
equipment. Presenting the old certificate carries determination this
equipment as gambling (according to the Decree of Ministry of Finance
of Russian Federation dated to August 9, 2004 N 66n "About forms and
terms of audit’s presenting about lotteries and methodology of
lotteries’ holding”.
N4A: Is there any control from the state for complains with lottery and lottery equipment to the set standards?
L.L.:
Yes, sure. There is already the Decree of Federal Tax Service dated to
May 8, 2009 № ММ-7-2/280 “About strengthening of control for observing
by organizers of gaming demands for gambling establishments”.
Also I know about existing of Decree to control agencies in the
shortest terms to work out regulations of lottery equipment’s
certification.
Requirements for certification will be so that let separate
real lottery equipment from attempts to draw a veil over gambling
business at once. It will quickly nip in the bud all the attemps to
earn money on existing park of automats and make lottery business clear
and gambling move to the zones.
N4A: What recommendation can you give to operators of gambling business?
L.L.:
First of all I’d like to warn against remake slot halls to lottery one
like a stimulating lottery. It prima facie seems the most simple and
eefective solution but it threatens with penalties, evacuation of
equipment and charge with tax evasion.
The Tax Code of Russian Federation, article 264 clause 4
N4A: Which perspectives the lottery business has?
L.L.:
Lotteries it is a part of everyday life of people. In spite of lottery
business today in Russia practically is not developed (nearly 1% play
lotteries) many experts predict that in future this segment can reach
6%. It is necessary to improve system of state control. At the same
time, regulation must provide control with market turnover. Then the
state can practically collect taxes entirely and get non-budget sources
for financing and realization of social programme.
News4Amuse
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