of March 21, 2019 No. 298
About modification of the Regulations on licensing of activities for the organization and carrying out gamblings in bookmaker offices and totalizators
The government of the Russian Federation decides:
1. Approve the enclosed changes which are made to the Regulations on licensing of activities for the organization and carrying out gamblings in bookmaker offices and totalizators approved by the order of the Government of the Russian Federation of December 26, 2011 No. 1130 "About licensing of activities for the organization and carrying out gamblings in bookmaker offices and totalizators" (The Russian Federation Code, 2012, No. 1, Art. 169; 2013, No. 12, Art. 1341; No. 33, Art. 4393; No. 48, Art. 6262; 2015, No. 12, Art. 1759; 2017, No. 36, Art. 5455).
2. Determine that earlier granted licenses for activities on the organization and carrying out gamblings in bookmaker offices and totalizators in case of specifying of addresses of places of implementation of activities in them located in the territories of subjects of the Russian Federation in which activities for the organization and carrying out gamblings are prohibited it (is limited) according to parts 7 and 8 of article 16 of the Federal law "About State Regulation of Activities for the Organization and Carrying Out Gamblings and about Modification of Some Legal Acts of the Russian Federation", for the purpose of reduction in compliance with the changes approved by this resolution are subject to renewal within 2 months from the date of entry into force of this resolution.
3. The realization of this resolution is enabled within the number of employees of the Federal Tax Service, and also means provided to the specified Service on management and management in the field of the established functions established by the Government of the limiting Russian Federation.
Russian Prime Minister
D. Medvedev
Approved by the Order of the Government of the Russian Federation of March 21, 2019 No. 298
1. The paragraph one of Item 2 to state in the following edition:
"2. The licensed type of activity is performed by organizers of gamblings in the bookmaker offices and totalizators located out of gambling zones in subjects of the Russian Federation in which territories activities for the organization and carrying out gamblings are not prohibited (is limited) according to parts 7 and 8 of article 16 of the Federal law "About State Regulation of Activities for the Organization and Carrying Out Gamblings and about Modification of Some Legal Acts of the Russian Federation" (further - the Federal Law) and provides rendering the following types of service:".
2. In item 4:
a) in the subitem "an" of the word "About State Regulation of Activities for the Organization and Carrying Out Gamblings and about Modification of Some Legal Acts of the Russian Federation" (further - the Federal Law)" to exclude;
b) add with the subitem "p" of the following content:
"o) observance by the license applicant (licensee) of decisions on prohibition (restriction) of activities for the organization and carrying out the gamblings accepted by public authorities of subjects of the Russian Federation according to parts 7 and 8 of article 16 of the Federal Law.".
3. In Item 7 of the word "subitems "b", "g", "e", "i" - "l" and "N" of item 4 of this provision" shall be replaced with words "subitems "b", "g", "e", "i" - "l", "N" and "п" item 4 of this provision".
4. The Item 10 after the word is "performed" to be added with the words "using risk-the oriented approach".
5. Add with Items 10 (1) - 10(11) following contents:
"10(1). For the purpose of application when implementing licensed control risk - the oriented approach the licensed type of activity of licensees is subject to reference to one of categories of risk according to Rules of reference of activities of legal entities and individual entrepreneurs and (or) used by them production facilities to certain category of risk or certain class (category) of danger approved by the order of the Government of the Russian Federation of August 17, 2016 No. 806 "About application risk - the oriented approach under the organization of separate types of the state control (supervision) and introduction of amendments to some acts of the Government of the Russian Federation" (further - Rules).
Reference of the licensed type of activity of licensees to certain category of risk is performed based on criteria of reference of the licensed type of activity of licensees to certain category of risk according to appendix.
10(2). Reference of the licensed type of activity of the licensee to one of categories of risk, and also change of category of risk to which the licensed type of activity of the licensee was referred earlier is performed by the decision of the head (deputy manager) of the licensing body.
10(3). In the absence of the decision on reference to certain category of risk the licensed type of activity of the licensee is considered referred to category of low risk.
10(4). The licensed type of activity of the licensee carried according to Item 10 (1) this provision to category of average, moderate or low risk, is subject to reference to category of considerable, average or moderate risk respectively in the presence of the resolution on purpose of administrative punishment to the licensee which took legal effect for making of administrative offense, stipulated in Article 5.49, or Article 14.1. 1, or article 14.1.1-1 of the Russian Federation Code of Administrative Offences.
The licensed type of activity of the licensee referred to category of considerable, average or moderate risk according to paragraph one of this Item is subject to reference to category of average, moderate or low risk respectively after 3 years from the date of reference of the licensed type of activity of the licensee to category of considerable, average or moderate risk according to paragraph one of this Item in case of absence during the specified term of the resolution on purpose of administrative punishment to the licensee which took legal effect for making of administrative offense, stipulated in Article 5.49, or Article 14.1. 1, or article 14.1.1-1 of the Russian Federation Code of Administrative Offences.
10(5). Scheduled inspections of licensees are carried out with the frequency established by this Item from the date of conducting the last planned inspection, except for the first scheduled inspection of the licensee which is carried out not earlier than in one year from the date of decision making about provision of the license.
Conducting planned inspections of licensees depending on appropriated to the licensed type of their activities of category of risk is performed with the following frequency if other is not provided by the Federal Laws:
for category of significant risk - once in 3 years;
for category of average risk - is not more often than once in 5 years;
for category of moderate risk - is not more often than once in 7 years.
Concerning licensees which licensed type of activity is referred to category of low risk scheduled inspections are not carried out.
10(6). The licensing body keeps the list of licensees to which licensed types of activity categories of risk are appropriated.
10(7). Inclusion of the licensee in the list, stipulated in Item 10(6) this provision, is performed based on the decision of the head (deputy manager) of the licensing body on reference of the licensed type of activity of the licensee to certain category of risk.
Change of the category of risk which is earlier appropriated to the licensed type of activity of the licensee in case, stipulated in Item 17 Rules, is performed according to the procedure, established by Items 20 and 21 of Rules.
10(8). The list, stipulated in Item 10(6) this provision, contains the following information:
a) complete and (if is available) the abbreviated name, including trade name, and form of business of the legal entity, the address of its location, the state registration number of record about creation of the legal entity (licensee);
b) identification taxpayer number;
c) the licensed type of activity with indication of the rendered services constituting the licensed type of activity;
d) number and registration date of the license;
e) specifying on category of risk, decision date about reference of the licensed type of activity of the licensee to certain category of risk;
e) data based on which the decision on reference of the licensed type of activity of the licensee to certain category of risk is made.
10(9). On the official site of the licensing body on the Internet information on licensees which licensed type of activity is referred to category of significant risk, provided by subitems "a" - "д" Item 10 is posted and supported in urgent condition (8) this provision.
10(10). At the request of the licensee the licensing body sends it information about appropriated to the licensed type of its activities of category of risk, and also the data used in case of reference of the licensed type of its activities to certain category of risk, in time, of stipulated in Item 13 Rules.
10(11). The licensee has the right to submit to the licensing body the application for the change of the category of risk which is earlier appropriated to the licensed type of its activities, according to the procedure, established by Items 17 - 19 Rules.".
6. Add with appendix of the following content:
"Appendix
to Regulations on licensing of activities for the organization and carrying out gamblings in bookmaker offices and totalizators
Criteria of reference of the licensed type of activity of licensees to certain category of risk
|
The licensed types of activity taking into account criteria of their reference to certain category of risk |
Category of risk |
|
1. Activities for rendering services in the conclusion with participants of gamblings of the agreements on prize based on risk whose outcome depends on events which can come or not come, or on the organization of the conclusion of such agreements between two or several participants of gambling |
significant risk |
|
2. Activities for rendering services in the conclusion with participants of gamblings of the agreements on prize based on risk whose outcome depends only on events which can come or not come during the sports competitions, or on the organization of the conclusion of such agreements between two or several participants of gambling |
average risk |
|
3. Activities for rendering services in the organization of the conclusion between two or several participants of gambling of the agreements on prize based on risk whose outcome depends only on events which can come or not come during testing of horses on hippodrome, with implementation of acceptance of interactive rates |
moderate risk |
|
4. Activities for rendering services in the organization of the conclusion between two or several participants of gambling of the agreements on prize based on risk whose outcome depends only on events which can come or not come during testing of horses on hippodrome, without implementation of acceptance of interactive rates |
low risk". |
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The document ceased to be valid since January 1, 2021 according to Item 1 of the Order of the Government of the Russian Federation of May 19, 2020 No. 706