THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP, THE MINISTRY OF FINANCE OF UKRAINE

of December 12, 2002 No. 128/1037

About approval of Licensed conditions of implementation of economic activity on release and carrying out lotteries and the Procedure for control of observance of Licensed conditions of implementation of economic activity on release and carrying out lotteries

According to article 8 of the Law of Ukraine "About licensing of certain types of economic activity" and the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 N1698 "About Approval of the List of Bodies of Licensing"

WE ORDER:

1. Approve Licensed conditions of implementation of economic activity on release and carrying out lotteries and the Procedure for control of observance of Licensed conditions of implementation of economic activity on release and carrying out lotteries which are applied.

2. To management of licensing of Head department of registration and licensing, Head department of control and reforming of procedures of legalization of subjects of housekeeping of the State committee of Ukraine concerning regulatory policy and entrepreneurship (Ivanchenko O. B., Apatenko O. P.), to Management of non-bank financial institutions and concerning lottery activities of Department of financial institutions and the markets of the Ministry of Finance of Ukraine (Maksimenko L. P.) in accordance with the established procedure to provide provision of this order on state registration in the Ministry of Justice of Ukraine.

3. To provide to the press secretary of the Minister of Finance of Ukraine the publication of this order in mass media.

4. To impose control of execution of this order on the vice-chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship Tretyakov S. I. and Deputy State secretary of the Ministry of Finance of Ukraine to Manokh S. O.

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the Ministry of Finance of Ukraine of December 12, 2002 No. 128/1037

Licensed conditions of implementation of economic activity on release and carrying out lotteries

Licensed conditions of implementation of economic activity on release and carrying out lotteries (further - Licensed conditions) are developed according to the Law of Ukraine of 21.09.2000 N 1969-III "About modification of some legal acts of Ukraine for the purpose of introduction of the state control of implementation of lottery activities", the Law of Ukraine "About licensing of certain types of economic activity", the Law of Ukraine "About entrepreneurship", the Law of Ukraine "About the taxation of profit of the companies" and the Presidential decree of Ukraine of 10.09.2002 N 813/2002 "About some measures concerning regulation of lottery activities".

1. General provisions

1.1. Action of these Licensed conditions extends to all subjects of housekeeping performing activities for release and carrying out lotteries in the territory of Ukraine.

Subjects of managing which intend to perform economic activity on release and carrying out lotteries and addressed in the procedure established by the legislation to the Ministry of Finance of Ukraine with the statement for licensing for implementation of the specified type of economic activity, shall meet the requirements of Items 2. 1, these 3.1-3.4, 3.8, 4.2 Licensed conditions.

The specified Licensed conditions do not extend to carrying out on bezoplatny basis of draws among buyers of goods (services) with issue of prizes in cash or property form which are carried out for the purpose of advertizing.

1.2. In the text of Licensed conditions terms are used in such value:

faultless goodwill - absence at person of criminal record for the crimes committed in the field of the tax, anti-monopoly and competitive, bank, foreign exchange legislation, the legislation on securities and stock exchange and on financial services;

release and carrying out lotteries - the economic activity of operators including acceptance of payment of participation in lottery, holding draws of lotteries, payment of prizes (prizes) and other economic activities which directly or mediately provide carrying out lotteries, and which is performed based on Ukraine granted by the Ministry of Finance of the license (except the draws specified in the paragraph 2 Items 1.1 of these Licensed conditions);

the player - physical person which at own will participates in draw of prize fund in accordance with the terms of release and carrying out lottery;

jackpot - the sum of money for payment to players which is saved up taking into account the amounts of prizes of the corresponding category of prize fund which can increase by the amount of prizes unallotted and unclaimed by winners during last circulations and the amount, unsecured payment of participation in lottery which is determined by the operator for the purpose of increase in attractiveness of lottery;

lottery - economic activity which provides sale to the player of the participation right in prize draw on accidental reliability for means or in exchange for other values, and also free receipt of such prize in property in case of recognition of such player by the winner;

electronic system - hardware and software system of acceptance of payment of participation in lottery and information processing;

the lottery ticket (the ticket of lottery) - the form of the document of strict accounting granting the participation right in draw of prize fund of lottery or its separate circulation, and in case of victory is the basis for receipt of prize. The lottery can be carried out both using lottery tickets, and through electronic system which use gives opportunity to replace lottery tickets with other documents or in a different way to certify participation in game and to grant the right to prize;

lottery бинго - one-drawing or large-circulation lottery, conditions of release and which carrying out provide acquisition by the player of the lottery ticket (the check of the player, the game ticket and so forth) with previously printed combination of numbers, symbols or signs, and also distribution of prize fund between players (determination of the size of prize) according to coincidence of certain numbers, symbols or signs to results of draw of circulation;

Toto's lottery - lottery in which winners are determined depending on guessing of results of accidental events in different types of the professional and (or) amateur competitions included in the published program of circulation of lottery;

instant lottery - lottery, conditions of release and which carrying out provide acquisition by the player of the lottery ticket with the prize (prize) or the fact of its absence which is directly determined in it by printing method;

digit lottery - lottery, conditions of release and which carrying out provide acquisition by the player of the lottery ticket (the check of the player, the game ticket and so forth) with previously printed sequence number, and also determination of the winner in case of coincidence of such number to results of public draw of circulation;

numerical lottery - one-drawing or large-circulation lottery, conditions of release and which carrying out provide independent determination by the player of combination of numbers, symbols or signs, and also distribution of prize fund between players (determination of the size of prize) according to the number of coincidence of such numbers, symbols or signs with results of draw of circulation;

the operator - the subject of housekeeping which constituent documents provide the release and carrying out lotteries which is meeting the requirements determined by these Licensed conditions, and obtained license for activities on release and carrying out lotteries;

prize fund - the sum of money which is subject to payment to winners of lottery according to the published conditions of its release and carrying out, reduced by the size of the jackpot which is not provided with payment of participation in lottery;

distributors - physical persons or legal entities which based on the agreement signed with the operator perform distribution of tickets of lottery and/or acceptance through electronic system of payments of participation in lottery which is carried out by the operator and also perform payment to winners of lottery of the prizes (prizes) belonging to them;

payment of participation in lottery - the means paid for one-time participation in lottery which amount is fixed in accordance with the terms of release and carrying out lottery;

circulation - period which begins with start date of acceptance of payment of participation in lottery on another draw of lottery and comes to the end in the last day payments of prizes established in accordance with the terms of release and carrying out lottery. Circulation includes carrying out transactions on acceptance of payment of participation in lottery, public draw of lottery, payment of prizes by results of such playing;

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