LAW OF THE REPUBLIC OF MOLDOVA

of December 16, 2016 No. 291

About the organization and carrying out gamblings

The Parliament adopts this organic law.

Chapter I. Basic provisions

Article 1. Subject of this law

This law establishes procedure for the organization and carrying out activities in the field of gamblings, the rights and obligations of the organizer of game and the player, state policy in the field of gamblings, and also restrictions of implementation of the this activities for the purpose of protection of morality, the rights and legitimate interests of citizens.

Article 2. Basic concepts

In sense of this law the following basic concepts mean:

gambling – the activities performed according to statutory rules based on risk which in total meet the following conditions: allows to win money, other property or property rights as result of public offer the organizer of possible prize and adoption of the offer by the participant, with collection of straight line (rate in game) or indirect payment for participation, at the same time prizes are distributed by any choice of results of the events which are game subject (except for by bet on sports competitions / actions) irrespective of the fact which in the way the elections are held;

the organizer of gambling (organizer) – the legal entity registered in accordance with the established procedure in the Republic of Moldova, who got permission to the organization and carrying out gamblings in accordance with the terms of this law;

the organizer of the gambling which is the state monopoly – National Lottery of Moldova Joint-stock company (further – the National lottery of Moldova), business entity with completely state participation, authorized to hold the gamblings which are the state monopoly;

the participant of gambling (player) – the physical person which signed the contribution agreement in gambling with the organizer of gamblings or other players by introduction of payment (rate) for participation in gambling. Participation in game assumes unconditional acceptance of the Standard regulations on the organization and carrying out activities in the field of gamblings (further – the Standard provision) and rules of the corresponding gambling;

direct payment for participation (rate in game) – the sum of money or its equivalent accepted directly from the player in exchange for the right of participation in game;

indirect payment for participation – the amount accepted or requested in addition to the amount collected from the same person by the same business entity for sale of property or goods or for accomplishment of similar or identical services irrespective of whether it is accepted or it is requested directly by the organizer of activities or other person participating in any way in carrying out activities granting as a result the right of participation in gambling;

prize – money, objects which can be individual or collective accessory, lottery tickets which upon completion of gambling transferred to the possession of the won player based on result, favorable for it;

taxable prize – the positive difference which resulted from participation of the player in gamblings and taxable according to the current legislation, between cash amount or the substitutes of the money received by the player and provided by the organizer at the end of the game or game session, and the amount relied in game;

prize fund – the set of the property (movable or immovable) which is in civil circulation, and money, created by the organizer and/or players according to provisions of this law and regulations of game for issue as prizes;

the activities accompanying gamblings – the types of activity of the organizer of gambling aimed at the development of its main activities in the field of gamblings such as provision of services of public catering, hotel services, currency exchange services, organization of spectacular and entertaining actions, import/export of playing accessories, production or repair of playing accessories;

the gambling equipment – the equipment provided and used for carrying out gamblings;

playing accessories – material, including information carriers which are in gambling institution and serve for or allow the organization, carrying out or participation in gamblings; there are main, auxiliary and specific playing accessories;

the main playing accessories – material, including information carriers (gaming machines, roulettes, including electronic, game tables, terminals of registration of rates) which directly generate the elements of chance constituting basis of gamblings. For gamblings in which winners are determined by outcome of the events or tenders which are not depending only on case also servers or other similar data carriers which provide the organization and uniform operation at the level of the organizer of the corresponding gamblings are considered as the main playing accessories;

auxiliary playing accessories – material, including information carriers which, without being integral parts of the main playing accessories, are used together with them under the organization and carrying out gamblings or with participation in such activities;

specific playing accessories – substitutes of money, carriers of the right to participate in gambling and to receive prize in case of favorable termination of game (tickets, including lottery, official printouts of information on paper, coupons, counters, impulses, forms, playing counters) which can have both the material, and electronic embodiment;

gambling institution – the building, construction, structure (separate part of the building, construction, structure) intended only for placement of the gambling equipment and carrying out gamblings and also if it is allowed by this law, for provision of the accompanying services: services of public catering, hotel services, and also organization of spectacular and entertaining actions;

system of the state online monitoring – electronic information system through which organizers transmit to the State Tax Administration required information and which allows implementation of monitoring and supervision of tax transactions in the field of gamblings;

single electronic system of the state monitoring of gamblings – specialized set of hardware and the software intended for obtaining through the Internet or other networks of electronic communications, processing, collection and data recording from the corresponding gambling institution (from the gambling equipment if it is provided by this law) about the accepted rates, the paid prizes, and also for ensuring information security from loss, theft, misstatement, falsification, unauthorized actions for destruction, change, copying and similar actions, from unauthorized access, including through the Internet;

the cash desk of gambling institution – the part of gambling institution equipped as appropriate where the organizer of gamblings performs transactions with money and records these transactions according to requirements of the Order of the Government about application of cash registers with fiscal memory in case of payments with cash No. 474 of April 28, 1998;

the amount of providing prizes – the financial instrument by means of which the organizer of gamblings guarantees protection of financial interests of players in case of prize, representing the cash amount determined by this law which is on the account or in cash desk of the organizer of gamblings and is not subject to reduction during license effective period;

lottery – group or mass gambling in which exclusively any results of the events consisting in draw of specific or auxiliary playing accessories (irrespective of procedures and playing accessories used for carrying out draw) according to the scheme established by rules of holding game are used;

Item of sale of specific playing accessories (sale Item) – the room which is specially equipped for acceptance of rates and payment of prizes in the gamblings with low social risk (lotteries and bet on sports competitions / actions, except for instant lotteries) which are not requiring long presence of players;

the gaming machine with winnings (gaming machine) – the mechanical or electronic device which is put in action by coins, counters or different way and prize in which it is determined by exclusively random elements which are generated directly by this device and/or the central server and which are transferred to the device by means of safe network of communications;

the many-placed gaming machine – the gaming machine on which two or more players, operating with different elements of management, can receive independent prizes at the independent rates;

the game place – specially equipped place giving to the player the chance of individual participation in game irrespective of whether other players participate in game on the corresponding automatic machine; the number of game places is determined by technical parameters of the gaming machine;

draw of prize fund – the game procedure by means of which the fact of loss or not loss of prize on specific playing accessory is determined;

bet on sports competitions / actions (bet) – the gambling held between the organizer and the player or between players in which results of the sports competitions / events which are taking place without intervention of the organizer are used provided that the result which is bet subject is not determined exclusively arbitrarily;

option of game situation – the forecast of the player concerning outcome of sports competition / action consisting of one or several elections for one or several sports competitions / actions;

advantageous option of game situation – the forecast of the player in which all its elections matched with real results of sports competitions / actions;

the test report – the document stating and confirming compliance of playing accessories to the requirements ordered by applicable regulations;

the protocol of inspection – the document containing the authentic, exact and clear description of testing, and also information for their understanding and interpretation;

the certificate of inspection – the document containing results of researches and establishment of compliance on the basis of these results;

the certificate of conformity – the document certifying that properly the identified products underwent to assessment procedures of compliance and at the time of implementation of assessment of conformity products conforms to the applicable established requirements;

conformity assessment body – the body performing activities for assessment of conformity including calibration, testing, certification and inspection;

acknowledged conformity assessment body – the conformity assessment body accredited by the accreditation body or national authority on accreditation which signed the Agreement on multilateral recognition with the European cooperation on accreditation (EA MLA), and recognized by the regulating body;

gross income from gambling of the organizer of gambling – the difference determined by each type of game in one calendar day (month) between the amount accepted from participants of game as payment for participation in game and the amount of the paid prizes.

Chapter II. State policy in the field of the organization and carrying out gamblings

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