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Short-term transactions with derivative financial instruments (PFI), where the second party is physical persons, will be classified as a gambling game. Amendments that comply with the law on securities markets are prepared by the Ministry of Finance (the document is published on the Legislative Support System website). For gambling, the transaction will fall on the condition that the execution period for them does not exceed three days and they are concluded not on the exchange or through a forex dealer.
Amendments were aimed at gambling organizations under the guise of binary options, representatives from the Ministry of Finance told Vedomosti. Binary options buyers make estimates of how the prices of underlying assets will change over a certain period of time, and either receive fixed income or incur losses on option values. This is actually a bet, said senior lawyer Herbert Smith Freehills Denis Morozov.
Transactions on OTC PFI for a period of up to three days is a priori nature of gambling, said partner law firm EMPP Oleg Bychkov: “This is too short a time that has a clear trend, especially for unskilled investors. In fact, in this situation, someone relies on the case. And because of over-the-counter transactions, it’s still not protected. ”
Now binary options trading in Russia is not specifically regulated. It’s used by illegal casinos, partner Tertychny Agabalyan Ivan Tertychny said. It is practically impossible to bring to casino responsibility, using “slot machines” without a random number generator, but with reference to financial instruments: in this case, not getting a casino under the law on gambling, he explained, noting that facto it is a random generator that is the same number.
Since binary options fall under Gambling, to do these transactions can only be in casinos and room slot machines, casinos located in the following correction area. Representatives from casinos doubt that this tool will be popular with visitors. The director of “Shambhala” Maxim Smolentsev (the company controlling the casino with the same name in “Azov-City”) said that legal casino customers and gambling halls would not apply to binary options because the casinos offered were far more interesting and easy to understand gambling.
“It is possible, indeed necessary at the legislative level to limit the involvement of various individuals, the choice of binary investors,” – said Deputy Director General “Alpari Forex” Ilya VANIN (Russian “daughter” of international companies “Alpari” sells binary options). But it must be done at the expense of restrictions under financial law and does not apply to a wider range of financial instruments, he is sure: “Maybe in the development of bills and want to explain binary options, but under the current words including all OTC PFI with a period of less than three days.
The risk that amendments can influence other derivatives, which are not inherently gambling, but which are included in relativity, does exist, Morozov agrees. It is necessary to ensure that casinos are not equated with real professional participants in financial markets, said Anatoly Aksakov, chairman of the Duma State Financial Market Committee. Financial markets and gambling must be regulated separately, he stressed, noting that gambling organizers disguised as participants in the securities market must be deducted. The committee receives comments, suggestions and comments until August 13.