RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 20, 2010 No. 153

About approval of "Procedure for accreditation of the legal entity for the purpose of carrying out sports totalizators" and "Rules of the organization and carrying out sports totalizators"

List of amending documents

For the purpose of ensuring execution of Items 1.3 and 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments into the Law of the Azerbaijan Republic "About physical culture and sport" of May 31, 2010 No. 1019-IIIQD" of June 10, 2010 the No. 282 Cabinet of Ministers of the Azerbaijan Republic DECIDES:

1. Approve "Procedure for accreditation of the legal entity for the purpose of carrying out sports totalizators" and "Rules of the organization and carrying out sports totalizators" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 20, 2010 No. 153

Procedure for accreditation of the legal entity for the purpose of carrying out sports totalizators

1. General provisions

1.1. This Procedure is prepared for the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments into the Law of the Azerbaijan Republic "About physical culture and sport" of May 31, 2010 No. 1019-IIIQD" of June 10, 2010 No. 282 and determines the Procedure for accreditation of the legal entity for the purpose of carrying out sports totalizators.

1.2. In the territory of the Azerbaijan Republic only the legal entity (the operator of sports totalizators) (further - the Operator) accredited by the Ministry of youth and sport of the Azerbaijan Republic can carry out sports totalizators (further - the Ministry).

1.3. The operator will be accredited by the ministry for a period of 10 (ten) years.

2. Procedure for accreditation

2.1. The legal entity who addressed for accreditation shall submit the following documents together with the statement:

2.1.1. the copy of constituent documents of the legal entity, and also the documents on its state registration certified of notarial procedure;

2.1.2. the document confirming experience of the legal entity or at least 3 (three) employees of one of his founders in the field of carrying out sports totalizator;

2.1.3. the technical proposal meeting the requirements, the stipulated in Item 3.1 presents of the Procedure concerning the organization and carrying out sports totalizators in the territory of the republic.

2.2. The documents submitted for accreditation shall be in Azerbaijani or transfer into Azerbaijani shall be notarized.

2.3. The documents connected with accreditation are accepted by the ministry of the list.

2.4. The documents submitted by the legal entity are considered within 20 (twenty) days and if the conclusion of the ministry positively, is issued to the applicant the decision on accreditation, otherwise, information on refusal in writing is provided (with indication of legislation provisions, the become reasons for the specified refusal and explanation). In case of accreditation of the legal entity the ministry considers its experience in the field of the organization and carrying out sports totalizators, financial and technical capabilities.

2.5. It is cancelled.

3. Requirements to the technical proposal of the legal entity who addressed for accreditation

3.1. To the technical proposal of the legal entity who addressed for accreditation, the following demands are made:

3.1.1. availability of technical base and financial resources which will be used in the organization and carrying out sports totalizators;

3.1.2. the legal entity itself or one of his founders for the last 3 years shall organize and carry out sports totalizators annually on average by means of virtual 1 (one) and fixed 1000 (one thousand) networks of sales and exercise risk control of average annual turnover in the amount of at least 500 (five hundred) million manats through this network of sales (adoption of the risk obligation arising when carrying out sports totalizators by establishment in sports totalizators of game programs, coefficients of prizes and the minimum quantity of rates);

3.1.3. for the purpose of management of sports totalizators from the single center it is necessary to create the information center operating on high technologies (the central totalizator) and network of sales;

3.1.4. it is necessary to develop the trademark representing sports totalizators, to manage them and to organize all necessary advertizing activities.

3.2. The central system of totalizator, stipulated in Item 4.1.3, shall have the following qualities:

3.2.1. be effective 7 (seven) days a week, 24 (twenty four) hours a day;

3.2.2. have at least 1.000 (one thousand) units of terminals, 1 (one) virtual possibility of rendering services to sellers.

3.2.3. have capability to store at least 100.000.000 (hundred million) coupons in memory;

3.2.4. be valid for processing at least 1.000.000 (one million) coupons a week.

4. Refusal of accreditation

4.1. From accreditation of the legal entity it can be refused only the following cases:

4.1.1. if the technical proposal of the legal entity who addressed for accreditation does not meet the requirements, the stipulated in Item 3.1 presents of the Procedure;

4.1.2. if the legal entity who addressed for accreditation provided false information;

4.1.3. if all list of documents determined by Item 2.1 of this Procedure is not provided;

4.1.4. if financial resources of the legal entity do not provide implementation of the technical proposal;

4.1.5. if the experience required for the organization and carrying out sports totalizators, less than 3 (three) years.

5. Cancellation of the decision on accreditation

5.1. In the following cases the ministry can cancel the decision on accreditation of the Operator:

5.1.1. if the accredited legal entity submitted the corresponding application for it;

5.1.2. if in the documents submitted by the legal entity for accreditation fraudulent misrepresentation (data) or their unauthenticity is revealed;

5.1.3. if conditions of the technical proposal provided by the Operator according to Item 3.1 of this Procedure in the course of accreditation are violated;

5.1.4. if before decision making about cancellation of the decision on accreditation the Operator is granted delay in 3 (three) months for elimination of the violations established by subitem 5.1.3. this Procedure.

6. Final provisions

6.1. Information on the operator is published in the newsletter of the ministry and is placed on its Internet the website.

6.2. In case of not prolongation of terms of accreditation or liquidation of the operator, its accreditation is considered complete.

6.3. The decisions of the ministry connected with accreditation can be appealed according to the current legislation in administrative or legal process.

 

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 20, 2010 No. 153

Rules of the organization and carrying out sports totalizators

1. General provisions

1.1. These rules are prepared for the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments into the Law of the Azerbaijan Republic "About physical culture and sport" of May 31, 2010 No. 1019-IIIQD" of June 10, 2010 No. 282 and regulate conditions of the organization and carrying out the totalizators performed in the territory of the Azerbaijan Republic, the right and obligation of the operator and participants of these games.

1.2. Sports totalizators are system of totalizator, the employee to attraction of additional financial resources for development of physical culture and sport and strengthening of material and technical resources of this area.

1.3. Sports totalizators are carried out by the legal entity (the operator of sports totalizators) (further - the Operator), the accredited Ministry of youth and sport of the Azerbaijan Republic in the procedure established by the legislation.

1.4. The turnover received from sports totalizators after deduction of the following obligatory calculations is made available to the Operator:

a) the taxes paid in the government budget;

b) part of the means paid by participants for carrying out the sports totalizators aimed at the development of physical culture and sport;

c) prize of participants of totalizators;

d) the fees paid to the Chamber specified by the organization for control of the financial markets of the Azerbaijan Republic which exercises supervision over the organization and carrying out sports totalizators, in the amount of and the procedure established by this organization.

1.5. After tax withholding from the total turnover received from carrying out sports totalizators, part of the remaining amount aimed at the development of physical culture and sport is paid to National Olympic Committee of the Azerbaijan Republic.

2. Basic concepts

The concepts used in these rules have the following values:

2.1. sports totalizator (further - totalizator) - games which are held by the operator of sports totalizator on the basis of forecasting of sports scores or events in competitions and bring to the participants who correctly guessed probability monetary rewards (prize) on the basis of in advance announced criteria;

2.2. rates with stable probability are the games played on condition of reasons on forecasting of results and bringing to the participants who correctly guessed probability the prize calculated according to in advance announced coefficient;

2.3. joint rates are totalizators in which in advance announced part from the total amount paid by participants of totalizator is distributed as prize between the participants who truly guessed result;

2.4. the central system of totalizator - system which will be established and will used by the Operator where the data arriving from all sellers, consisting of the equipment with possibility of high data processing gather, processed and generalized;

2.5. the participant of totalizator (further - the participant) - person which reached 18 (eighteen) years which acquired the ticket at the stationary, mobile or virtual seller;

2.6. the operator of sports totalizators - the legal entity who underwent accreditation according to the procedure, established by the legislation, for the purpose of implementation of sports totalizators;

2.7. turnover - the profit of the Operator consisting of the means paid by participants for carrying out sports totalizators;

2.8. the coupon - the card printed by the Operator in special form intended for totalizator draw by designation by participants of the cages located on it according to the instruction written on the back;

2.9. column - set of vertical cells provided for designation on the coupon and granting the right to the participant once to participate in totalizator;

2.10. the terminal - the stationary or mobile equipment provided in the use of stationary sellers for forecasting of draws of totalizators by introduction by participants of coupons, seal of tickets, receipt of data on games and prizes and implementation of other similar works operating in binding with the central system of totalizator;

2.11. the seller of totalizator - sellers of totalizators are:

2.11.1. the stationary seller - the legal entity and physical person performing activities based on the agreement signed with the Operator, and providing all contacts between participants of totalizator and the Operator by means of stationary terminals with binding to the central betting system;

2.11.2. the mobile seller - the legal entity and physical person performing activities based on the agreement signed with the Operator and providing all contacts between participants of totalizator and the Operator by means of stationary terminals with binding to the central betting system;

2.11.3. the virtual seller - the legal entity performing activities based on the agreement signed with the Operator and providing all contacts between participants of totalizator and the operator in virtual conditions (by means of the Internet, cellular network, etc. means) with binding to the central game system;

2.12. the virtual circle - the Internet, cellular network on which the totalizator, and other similar platforms based on the existing, and also developing and enhanced platforms is played;

2.13. prize amount, estimated on the basis of in advance announced criteria and paid by the Operator to the participant who was this the correct forecast;

2.14. the ticket of totalizator (further - the ticket) - the document granting the participation right in the corresponding game or games, which is printed out by means of the terminal, reflecting the money paid to the Operator (cash rates) and if is advantageous, confirming the right to winnings at the operator estimated on the basis of in advance announced criteria;

2.15. the electronic ticket of totalizator (further - the electronic ticket) - the electronic code granting the participation right in the corresponding game or games played in the virtual circle and if is advantageous, confirming the right to prize at the Operator estimated on the basis of in advance announced criteria;

2.16. totalizator conditions - the rules concerning draw of the totalizators organized by the Operator;

2.17. risk management - the obligation of the risk arising when carrying out totalizator by establishment of game programs, coefficients of prizes and the minimum quantity of rates in totalizators with stable probability;

2.18. control center of risks - the center in which the coefficients applied in totalizators with stable probability are established, updated and traced;

2.19. commission fee of the seller - total sum of commission fee which will be received by the seller from the sold tickets within the conditions specified in the agreement signed with the operator and the total amount of the advantageous tickets paid by the seller;

2.20. the size - unit the increasing column cost;

2.21. odds - goal, quantitative, setny or other concessions for benefit of one of two teams or athletes;

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