Removing Current Restrictions Will Help The Bookmakers Of The Russian Federation To Hold Out Without State Support
Representative llc «legal line» maria lepshchikova in his comments for readers shared an opinion why the bookmaker of russia is not included in the list of system-forming enterprises and cannot thus count on support from the state during a forced quarantine. Also reader learns about the reasons why bookmakers must fulfill obligations on a par with the rest of employers.
According to a recent statement of the prosecutor general’s office of the russian federation, the bookmakers is excluded from the list of system-forming enterprises after verifying the legality to support this industry and updating the criteria, according to which legal entities can receive financial assistance from the state.
Revealing the question of what reasons the state is not configured to help the industry, even despite the full performance of tax plans, as well as superimposed systems for supporting the sports industry and a critical income fall, maria lepshchikova declares the following:
«In russia, we proceed from the fact that state support in connection with the coronavirus pandemic and measures to limit the spread of coronavirus infection are not provided to all a priori, regardless of the scope of activity».
From a legal point of view, the regime current in the russian federation is now «increased readiness» does not imply such state aid like regime «emergency», the emergency mode in russia was not introduced – emphasizes the expert the current state of affairs in the country, explaining the differences between the modes and those measures that each of them implies.
Commenting on the recent decision of the authorities to change the criteria, according to which the selection of organizations in the list of system-forming, specialist, referring to the data of the fts, notes that initially a list of organizations in order to assist was formed according to the number of employees and other similar economic indicators.
That is why the expert, llc notes «f.About.N.», about which we wrote earlier, in their economic indicators, there was a formal compliance with the selected criteria, and therafore hit the list of state support.
Today, this direction of gambling business no longer has such opportunities as before, in connection with the amendments to the mentioned criteria:
«The criteria for the goice of enterprises and are addressed not only from such indicators as the number of employees and turnover, but also from other characteristics, for example, by type of activity.
When changing formal criteria for entering into “list of state support” hitting the list of any bookmaker office was excluded», – summarizes lawyer.
Recalling legislation, the specialist specifies the issue of organizations that cannot count on deferment on debt payment, even though the covid-19 pandemic was introduced into the status of force majeure circumstances.
According to mary vladimirovna, the presidium of the supreme court of the russian federation 21.04.2020. Approved «review on certain issues of judicial practice related to the application of legislation and measures to counter the dissemination of a new coronavirus infection in the territory of the russian federation (covid-19) no. 1». The expert stands out that in. 7 of the specified review is enshrined that «recognition of the spread of a new coronavirus infection by the circumstance of force majeure cannot be universal for all categories of debtors, regardless of the type of their activities, the conditions for its implementation, including the region…».
The expert also identified the position of the state as in which financial position it is observing today the bookmaker industry industry. In this context, maria lepshchikova refers to. 19 of the federal law of 01.04.2020. № 98-фз «on amendments to selected legislative acts of the russian federation on emergency prevention and elimination activities» and it clarifies that in this way, the possibility of postponement of lease payments for premises / buildings is provided with regard to only organizations that, by types of their activities, refer to particularly affected industries, the exhaustive list of which is approved by the government of the russian federation, and the enterprises of all other industries are rented by rent provided by the goodwill of landlords, and not unconditionally.
Thus, according to the position of the state, the bookmaker industry today cannot be attributed to the industry, which suffered large losses due to a forced quarantine, and, accordingly, questions on the rent should only be solved in private.
Noting that subsidies from the state replaced in the russian federation not all organizations, a representative «ooo» «legal line» specifies the website of the fns, where each organization cen check it.
At the burden on targeted payments, taking at the burden on targeted payments, taking into account the facts the global cancellation of sports events began only at the beginning of spring:
«Bookmakers paid targeted deductions for the 1st quarter of 2020 in full, that is, 5% of the calculation base, but not less than 15 milion rubles. For what principles will be built target for the 2nd quarter – still not known to be reliably».
In concludes of the state allocates assistance according to the algorithms established by him in marchms established by him in marchms established by him in marchms established by him in march-april 2020, which the bookmaker industry does not take into account.
Also, the specialist touched the question of whats actions the industry is making to relax financial load on business. According to mary leposchikova, the bookmakers are removed from niba such objects of taxation as stalks, in order to suspend work due to the state entrusted by the state, do not pay a fixed tax with each ppp.
It is known that according to the state compacties must independently pay employees wages, the bookmaker industry does not differ from the other areas of business, which are not among the particularly affected.
According to the lawyer, the bookmakers must pay salary to employees along with all other employers «non-working days», caused by the restrictions established by the authorities (from march 28, now extended until may 11 inclusive). Unlike some other categories of employers (from among especially affected industries), this industry can not expect to receive subsidies from the state for paying salaries (12,135 rubles per employee per month for enterprises from the list of specially affected industries; the list of industries is approved by the government of the russian federation).
At the same time, it is known that a number of licensed bcs publicly stated that it was not configured to help from the government:
«I heard, for example, during the online conference on april 16, organized by smile-expo that representatives of bookmakers from the first sro expressed the opinion that the bookmakers don’t claim any help to state and don’t count on it».
Lawyer ltd «legal line» it allows of the opinions of representatives of both sro in this matter are similar and most likely, do not differ.
The voiced position of the first sro, according to mary leposchikova, is logical, since any other position cannot provide a better result for the bookmaker industry.
In terms of help from the state during the occurrence of crisis, the lawyer led the experience of abroad, emphasizing the human factor that also affects the position of the authorities:
«British bookmakers have already formed the packages of documents that substantiate their loss and sent settlements to obtain assistance in the form of compensation from the government of their country. In russia, the relationship between state and business is arranged in a different and in the pandemic period and outside the pandemic period. As a lawyer in theoretic sense, i see that these are different models of public administration, based on a different mentality of the authority of the organization of state power».
Alternatively, the expert clarifies that in russia, as often happens in russia, the authorities choose a way other thane the path used in many european, especially western european countries.
Additionally talking about the relationship state – business, maria lepshchikova believees that in russia, the bookmakers can not be called «welcome» for the state, despite the fulfillment of all the obligations of payments and work on a positive image for the state, the bookmakers still occupy this position.
As real ways to help from the state, the expert sees only the removal of restrictions on sports events and the work of ground pps as soon as possible.
We will remind, earlier we told, what opportunities today has the bookmaker sector of russia.