Lotteries. Order approving the conditions of five all-Russian state lotteries in support of the development of physical culture and sports, the right to participate in which is associated with the payment of a fee, conducted in real time - Rossiyskaya Gazeta V

ARBITRATION COURT OF MOSCOW

115191, Moscow, st. Bolshaya Tulskaya, 17 http://www.msk.arbitr.ru

The operative part of the decision was announced on October 24, 2016 Full text solutions made October 28, 2016

Arbitration court composed of judge I.N. Utochkin when keeping the minutes of the court session by secretary Bondarenko E.S. having considered at the court hearing the case on the application of GSL JSC to the Federal Tax Service of Russia No. 22 for Moscow to challenge the order dated 05.27.2016 No. 1 with the participation of: from the applicant - Evteniy O.V. according to Dov. dated 12.01.2016 No. w/n from the defendant – Panov E.A. according to Dov. dated 05/27/2016 No. 1

INSTALLED:

JSC "GSL" appealed to the Moscow Arbitration Court with a statement to the Federal Tax Service of Russia No. 22 for the city of Moscow to challenge the order dated May 27, 2016 No. 1.

The application is motivated by the fact that the contested order No. 1 dated May 27, 2016 does not comply with the law and violates the rights and legitimate interests of the applicant.

The representative of the Federal Tax Service of Russia No. 22 for Moscow objected to the approval of the application, citing the fact that the contested order complies with the law and does not violate the rights and legitimate interests of the applicant.

Having examined the case materials, listened to the explanations of the representatives of the parties who appeared, and assessed the evidence presented, the court found the application not subject to satisfaction for the following reasons.

The court considers that the applicant did not miss the deadline provided for in Part 4 of Art. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 198. The right to apply to the arbitration court with an application to recognize non-normative legal acts as invalid, decisions and actions (inaction) as illegal" target="_blank">198 Arbitration Procedure Code of the Russian Federation for going to court.

From the case materials it follows that the Federal Tax Service of Russia No. 22 for Moscow, on the basis of Order No. 2 dated March 24, 2016, checked the compliance of State Sports Lotteries JSC with the requirements established by the Federal Law of November 11, 2003. No. 138-FZ “On lotteries” and other regulations legal acts Russian Federation in the field of organizing and conducting lotteries.

During the inspection, it was established that the Company violated clause 1 of Art. 12 of the Federal Law of November 11, 2003. No. 138-FZ “On lotteries” of the All-Russian State draw lottery"VGL 4 Sport".

Based on the results of the inspection, a report dated May 27, 2016 was drawn up. No. 2, which established:

The Operator does not have a valid irrevocable bank guarantee ensuring its obligations to pay targeted deductions from the lottery in the amount provided for by the State Contract, which violates subclause 3 of clause 1 of Article 10 of Law No. 138-FZ (clause 9.3 of this act);

Non-placement (non-publication) in media mass media and on the Internet information about the use of electronic lottery tickets during the “VGL 4 Sport”, which violates paragraph 3 of Article 12 of Law No. 138-FZ (clause 13 of this act);

Inaccurate information about the number of issued lottery receipts, what violated paragraph 5 of Order of the Ministry of Finance of Russia dated August 26, 2014 No. 81n “On approval of the form and deadlines for submitting a report on the All-Russian state lottery” (clause 18.1 of this act);

Unreliable (incomplete) information about the number of registered electronic lottery tickets, which violates paragraph 5 of Order of the Ministry of Finance of Russia dated August 26, 2014 No. 81n “On approval of the form and deadlines for submitting a report on the All-Russian State Lottery” (clause 18.2 of this act);

Submissions by the Operator in reporting on the behavior of “VGL 1 Sport”, “VGL 2 Sport”, “VGL 3 Sport”, “VGL 4 Sport” (clause 18.3 of this act);

Unreliable (incomplete) information on lottery tickets about the name of the corresponding lottery and the algorithm for determining winnings, which violates subparagraphs 3, 6 of paragraph 1 of Article 12 of Law No. 138-FZ (clause 11 of this act).

On May 27, 2016, the Inspectorate issued Order No. 1 to the Company “On eliminating violations of legal requirements,” by which the Company was ordered to eliminate the violations set out in the inspection report dated May 27, 2016. No. 2 within 30 days from the date of delivery (reception) of this order.

On 06/06/2016, the Inspectorate issued Order No. 2 “On eliminating identified violations” against the Company. With this instruction, the Inspectorate clarified Instruction of the Federal Tax Service of Russia No. 22 for Moscow dated May 27, 2016. No. 1 “On eliminating violations of legal requirements” and the Company is prescribed the following:

1. Ensure the availability of a valid irrevocable bank guarantee that ensures the obligations of JSC “State Sports Lotteries” to pay targeted royalties from lotteries in the amount provided for by the state contract dated December 12, 2012 No. 261 “for conducting 5 all-Russian draws in real time state lotteries in support of development physical culture and sports, the right to participate in which is associated with the payment of a fee”, concluded with the Ministry of Sports of Russia.

on the Internet information about the use of electronic lottery tickets during the “VGL 4 Sport” program.

3. Provide information on the number of lottery receipts issued for the entire period of the lotteries.

4. Provide information on the number of registered electronic lottery tickets for the entire period of the lotteries.

5. Eliminate violations in reporting on lotteries for 2013 and 2014.

6. Eliminate violations identified on lottery tickets, regarding the indication on lottery tickets of unreliable (incomplete) information about the name of the corresponding lottery and the algorithm for determining winnings, in order to prevent further violations of the rights of lottery participants and requirements for lottery tickets.

The said Order ordered the Company to eliminate the violations within 30 days from the date of delivery (receipt) of this order.

The above Order was delivered in person on June 20, 2016 general director JSC "GSL" Kondrashov V.M.

Based on Art. Art. 2, 12 of the Federal Law of November 11, 2003. No. 138-FZ “On lotteries”, guided by Art. - , - , Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 197. The procedure for considering cases of challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested by federal law with certain state or other public powers, officials persons" target="_blank">197 - Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested by federal law with certain state or other public powers, officials > Article 201. Arbitration court decision in a case challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials " target="_blank">201 Arbitration Procedure Code of the Russian Federation, court

DECIDED:

Checking for compliance Federal law dated November 11, 2003 No. 138-FZ “On Lotteries”, refuse to satisfy the requirements for the application Joint stock company“State sports lotteries” to the Federal Inspectorate tax service No. 22 in Moscow on challenging the order dated May 27, 2016 No. 1.

The decision can be appealed within a month to the Ninth Arbitration Court of Appeal.

Judge Utochkin I.N.

Court:

AS of the city of Moscow

Plaintiffs:

JSC STATE SPORTS LOTTERIES

Winnings are determined in several stages. The size of the winnings depends on the sequence in which the numbers are matched lottery combination with the winning combination numbers. Decision on total number stages required for the drawing prize fund and categories of distribution of the prize fund, the lottery operator has the right to accept both before and during the drawing of the prize fund of the draw.

“Prize”, “Super Prize” (the names are equivalent) - there are four possible drawing principles determined by the lottery operator, namely:

Principle N 1: tickets win in which all 5 numbers in any line of any playing field of the ticket (top or bottom) match the numbers drawn during the drawing on the move set by the lottery operator;

Principle No. 2: winning tickets are those in which, on the move set by the lottery operator, 15 of the 30 numbers in the two playing fields of the ticket match the numbers drawn during the drawing;

Principle No. 3: tickets are won if, on the move set by the lottery operator (or before such a move), 5 to 30 numbers match ( exact value determined by the lottery operator) located in the playing field (playing fields) of the ticket, in a manner determined by the lottery operator, with the numbers drawn during the drawing;

Principle No. 4: tickets are won in which 10 numbers of any two lines of the playing fields of the ticket coincide with the numbers drawn during the drawing before the move set by the lottery operator.

The subsequent distribution of the prize fund in the main draw occurs by category:

“First round” - tickets are won in which all 5 numbers in any horizontal line of any playing field of the ticket (top or bottom) are the first to match the numbers drawn during the drawing.

“Second round” - tickets are won in which all 15 numbers of one of the playing fields of the ticket (top or bottom) match the numbers drawn during the drawing before the others.

“Third round” and subsequent rounds - tickets are won in which all 30 numbers of the two playing fields of the ticket coincide with the numbers drawn during the drawing before others.

Subsequent distribution of the prize fund in additional draw occurs in categories:

“Lucky numbers” - win tickets in which, on moves fixed by the lottery operator (there may be several of them - for example, on the first, tenth and last), the numbers drawn during the drawing coincide with all lucky numbers indicated on the ticket in addition to the 30 numbers that form the playing fields. Additionally, the specified numbers participating in the drawing, as well as the order of matching, are determined by the lottery operator, taking into account the efficiency of the prize fund drawing, and are fixed by the local normative act lottery operator and is brought to the attention of circulation commission. The lottery operator has the right to make a decision on holding this drawing both before and during the drawing of the prize fund of the draw.

“Tour of luck” - tickets are won in which all the numbers indicated in addition to the 30 numbers that form the playing fields coincide with the remaining numbers that were not drawn after the drawing. Additionally, the specified numbers participating in the drawing, as well as the order of matching, are determined by the lottery operator, taking into account the effectiveness of the prize fund drawing, are fixed by the local regulations of the lottery operator and are brought to the attention of the draw commission. The lottery operator has the right to make a decision on holding this drawing both before and during the drawing of the prize fund of the draw.

“Number”, “Lucky number” (the names are equivalent) - tickets are won in which the ticket number ends with a certain one during the drawing winning combination digits (the last digits of the drawn numbers in the moves and/or rounds selected by the lottery operator, or the numbers that were not drawn). The matching order is determined by the lottery operator, taking into account the efficiency of the prize fund drawing, is fixed by the local regulations of the lottery operator and is brought to the attention of the draw commission. The lottery operator has the right to make a decision on holding this drawing both before and during the drawing of the prize fund of the draw.

“Second chance” - tickets are won in which all the missing numbers are in one of two playing fields (upper or lower). The matching order is determined by the lottery operator, taking into account the efficiency of the prize fund drawing, is fixed by the local regulations of the lottery operator and is brought to the attention of the draw commission. The lottery operator has the right to make a decision on holding this drawing both before and during the drawing of the prize fund of the draw.

"Vertical" - tickets are won in which all the numbers located in one of the columns of the ticket are included in the winning combination. The order of matches and the number of numbers included in the column are determined by the lottery operator, taking into account the efficiency of the prize fund drawing, fixed by the local regulations of the lottery operator and brought to the attention of the draw commission. The lottery operator has the right to make a decision on holding this drawing both before and during the drawing of the prize fund of the draw.