October 20, 2015 at 16:41Decisions of the Federal Tax Service will be grounds for blocking online casinos
On October 22, a Decree of the Government of the Russian Federation [1] enters into force, changing the functioning of the so-called “registry of banned sites”.
In this regard, the Federal Tax Service will be able to recognize information distributed on the Internet as illegal if it contradicts the law governing the conduct of gambling and lotteries.
The ban itself [2] to conduct gambling on the Internet is not new and was established in 2006.
A special norm [3] on the possibility of blocking online casinos appeared last year, however, to date, the state body responsible for making decisions on the inclusion of such sites in the prohibited registry has not been determined. The opportunity to "complain" to such sites is still missing on the corresponding page.Roskomnadzor resource.
In practice, examples of blocking sites for conducting gambling occurred even before the adoption of the above-mentioned legislative norms: this happened on the basis of decisions of [4] courts, which are entitled to recognize information contained on the site that is prohibited for distribution. The reason for initiating such legal cases were, as a rule, the appeals of prosecutors, who are entitled to act "in the interests of an indefinite number of people." Of course, blocking sites through a court, by definition, could not be as fast and widespread as blocking by decision of an authorized body.
It seems that the new Decree of the Government of the Russian Federation is not the last document regulating the features of restricting access to online casinos. To create a full-fledged legal mechanism for blocking such sites, it will be necessary to develop criteria for classifying information on gambling as illegal and approve them at the level of Roskomnadzor, the Federal Tax Service and other competent departments.
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[1] Decree of the Government of the Russian Federation of October 12, 2015 No. 1095.
[2] Clause 3 of Article 5 of the Federal Law of December 29, 2006 No. 244-FZ "On state regulation of the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation. ”
[3] Subparagraph “e” of paragraph 5 of Article 15.1 of the Federal Law of June 27, 2006 No. 149-FZ “On Information, Information Technologies and the Protection of Information”.
[4] For example: appeal ruling of the Moscow Regional Court of February 28, 2013 in case No. 33-4711 / 2013, a ruling of the Presidium of the St. Petersburg City Court of March 20, 2013 No. 44g-29/13.
In this regard, the Federal Tax Service will be able to recognize information distributed on the Internet as illegal if it contradicts the law governing the conduct of gambling and lotteries.
The ban itself [2] to conduct gambling on the Internet is not new and was established in 2006.
A special norm [3] on the possibility of blocking online casinos appeared last year, however, to date, the state body responsible for making decisions on the inclusion of such sites in the prohibited registry has not been determined. The opportunity to "complain" to such sites is still missing on the corresponding page.Roskomnadzor resource.
In practice, examples of blocking sites for conducting gambling occurred even before the adoption of the above-mentioned legislative norms: this happened on the basis of decisions of [4] courts, which are entitled to recognize information contained on the site that is prohibited for distribution. The reason for initiating such legal cases were, as a rule, the appeals of prosecutors, who are entitled to act "in the interests of an indefinite number of people." Of course, blocking sites through a court, by definition, could not be as fast and widespread as blocking by decision of an authorized body.
It seems that the new Decree of the Government of the Russian Federation is not the last document regulating the features of restricting access to online casinos. To create a full-fledged legal mechanism for blocking such sites, it will be necessary to develop criteria for classifying information on gambling as illegal and approve them at the level of Roskomnadzor, the Federal Tax Service and other competent departments.
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[1] Decree of the Government of the Russian Federation of October 12, 2015 No. 1095.
[2] Clause 3 of Article 5 of the Federal Law of December 29, 2006 No. 244-FZ "On state regulation of the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation. ”
[3] Subparagraph “e” of paragraph 5 of Article 15.1 of the Federal Law of June 27, 2006 No. 149-FZ “On Information, Information Technologies and the Protection of Information”.
[4] For example: appeal ruling of the Moscow Regional Court of February 28, 2013 in case No. 33-4711 / 2013, a ruling of the Presidium of the St. Petersburg City Court of March 20, 2013 No. 44g-29/13.