Decisions of the Federal Tax Service will be grounds for blocking online casinos
On October 22, the Resolution of the Government of the Russian Federation [1], which changes the order of functioning of the so-called “registry of prohibited sites”, comes into force.
In this regard, the Federal Tax Service will be able to recognize the information disseminated on the Internet as illegal if it contradicts the legislation governing the conduct of gambling and lotteries.
The prohibition [2] of online gambling on the Internet is not new and was established in 2006.
A special rule [3] on the possibility of blocking online casinos appeared last year, but so far the government agency responsible for making decisions about including such sites in the banned list has not been determined. The ability to "complain" about such sites is still not available on the relevant page of the Roskomnadzor resource.
In practice, examples of blocking sites for gambling were encountered even before the adoption of the aforementioned norms of legislation: this happened on the basis of decisions [4] of the courts, which are entitled to recognize the information contained on the site that is prohibited for distribution. The reason for initiating such legal cases was, as a rule, the appeals of prosecutors who are entitled to act “in the interests of an indefinite number of persons”. Of course, blocking websites through a court by definition could not be as fast and extensive 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. In order to create a full-fledged legal mechanism for blocking such sites, it will be necessary to develop criteria for classifying information about gambling as prohibited and approving them at the level of Roskomnadzor, the Federal Tax Service and other competent agencies.
')
===
[1] Resolution of the Government of the Russian Federation No. 1095 of October 12, 2015.
[2] Clause 3 of Article 5 of the Federal Law of 29.12.2006 No. 244- “On state regulation of the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation”.
[3] Subparagraph "d" of paragraph 5 of article 15.1 of the Federal Law of 27.06.2006 No. 149-FZ "On Information, Information Technologies and Protection of Information".
[4] For example: the appeal determination of the Moscow Regional Court of 28.02.2013 in case No. 33-4711 / 2013, the decision of the Presidium of the St. Petersburg City Court of 20.03.2013 No. 44g-29/13.
In this regard, the Federal Tax Service will be able to recognize the information disseminated on the Internet as illegal if it contradicts the legislation governing the conduct of gambling and lotteries.
The prohibition [2] of online gambling on the Internet is not new and was established in 2006.
A special rule [3] on the possibility of blocking online casinos appeared last year, but so far the government agency responsible for making decisions about including such sites in the banned list has not been determined. The ability to "complain" about such sites is still not available on the relevant page of the Roskomnadzor resource.
In practice, examples of blocking sites for gambling were encountered even before the adoption of the aforementioned norms of legislation: this happened on the basis of decisions [4] of the courts, which are entitled to recognize the information contained on the site that is prohibited for distribution. The reason for initiating such legal cases was, as a rule, the appeals of prosecutors who are entitled to act “in the interests of an indefinite number of persons”. Of course, blocking websites through a court by definition could not be as fast and extensive 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. In order to create a full-fledged legal mechanism for blocking such sites, it will be necessary to develop criteria for classifying information about gambling as prohibited and approving them at the level of Roskomnadzor, the Federal Tax Service and other competent agencies.
')
===
[1] Resolution of the Government of the Russian Federation No. 1095 of October 12, 2015.
[2] Clause 3 of Article 5 of the Federal Law of 29.12.2006 No. 244- “On state regulation of the organization and conduct of gambling and on amendments to some legislative acts of the Russian Federation”.
[3] Subparagraph "d" of paragraph 5 of article 15.1 of the Federal Law of 27.06.2006 No. 149-FZ "On Information, Information Technologies and Protection of Information".
[4] For example: the appeal determination of the Moscow Regional Court of 28.02.2013 in case No. 33-4711 / 2013, the decision of the Presidium of the St. Petersburg City Court of 20.03.2013 No. 44g-29/13.
Source: https://habr.com/ru/post/295550/
All Articles