On January 3, 2015, a new law delineating the responsibility for organizing and conducting illegal gambling came into force in the Russian Federation. Namely, as on 01.03.2015 a new edition of Article 171.2. of the Criminal Code and Article 14.1.1. of the Administrative Code of the Russian Federation are in effect. In accordance with the new version of Article 171.2. of the Criminal Code of the Russian Federation, criminal liability for the illegal organization and conducting of gambling occurs (on the first part of this article) regardless of the size of income received, ie, for the very fact of carrying out such activities. At this new version of paragraph 1 of Art. 14.1.1 of the Administrative Code of the Russian Federation now provides for liability only for legal persons. At the same time new version of Art. 14.1.1 of the Administrative Code of the Russian Federation introduces new set of elements of the offense (corpus delicti) (paragraph 4 of Art. 14.1.1.) -“carrying out activities of organizing and conducting of gambling in betting shops and totalizers in gross violation of the conditions provided by the license“. What are the changes?: 1) prior to 01.03.2015, in the case of eliciting the fact of illegal organization and conduct of gambling at evidenced amount of revenue received over 1.5 million, the act was classified as criminal offense, and if the evidence amount of income received was less than 1.5 million. – it was classified as administrative offense. With the entry into force of abovementioned changes in case of eliciting the fact of illegal organization and conduct of gambling the following proceedings may be caused may be instituted: – Criminal proceedings; – Administrative case against the legal entity; – Simultaneously criminal case against individual and administrative case against legal entity. 2) description of set of elements of the offense has not changed. It is the threshold of the amount of income that has changed: from 1.5 million to “regardless of the amount of income” that allows to bring individual to criminal responsibility. The description of set of elements of the offense that was previously used in the first part of the Article 171.2. of the Criminal Code of the Russian Federation (income over 1.5 million RUB) – was “shifted” to second (qualified) part of Article 171.2. of the Criminal Code of the Russian Federation; The description of set of elements of the offense that was previously used in the second part of Article 171.2. of the Criminal Code of the Russian Federation (income over 6 million RUB) – was “shifted” to third (especially qualified) part of Article 171.2. of the Criminal Code of the Russian Federation. 3) there is a new set of elements of administrative offense for bookmakers (and totalizers) established, which allows to use such kind of punishment as administrative suspension of activities of a betting shop or of the whole company (at the discretion of the district court judge). It should be noted that Art. 171.2. of the Criminal Code of the Russian Federation is classified as “economic” crime. For years, the criminal procedure legislation contains a provision (part 1.1. of Art. 108 of the CC of the Russian Federation), in accordance with which confinement under guard as a preventive measure cannot be used against the suspect or accused of committing a crime under Art. 171.2. of the Criminal Code of the Russian Federation (regardless of the part of the article). Also it should be noted that the practice of criminal law in Russia is different from the practice of administrative law. The main difference of its practical application is compulsory carrying out expert examination. By the way: in accordance with the Criminal Procedure Code of the Russian Federation, it is allowed to carry our expert examination of seized equipment prior to initiating criminal proceedings. It is still too early to talk about any trends in legal practice under the new law. But even now it is safe to say that it is that opinion of the expert examination of equipment that will be the decisive proof. Maria Lepschikova Lawyer, LLC Pravovaya Liniya
