Domestic Software Register Rules

The main articles are:

• Register of Russian Software
• Import substitution of software in the public sector

2025: Ministry of Digital Development clarified the new rules for including products in the register of Russian software

February 18, 2025 Ministry of Digital Development RUSSIAN FEDERATION announced explanations for the new rules for the inclusion of products in. register of Russian software The changes are expected to increase the maturity of domestic solutions and help accelerate the transition of state-owned companies to such software.

In accordance with the new rules, for the operation of products in a single software environment, a requirement is introduced for compatibility with two Russian operating systems from the registry, and for hardware and software complexes (PAC) - with one. At the same time, the Ministry of Digital Development will select the most mature OS, taking into account the check for additional criteria, in order to facilitate the choice of developers. A transition period is provided to adapt to the new conditions. The requirements will come into force in stages: from 2026 - for most classes of applied software, and by 2028 - for industrial software. For software already included in the registry, a separate verification plan is being prepared. The changes do not affect mobile OS.

The Ministry of Digital Development explained the updated requirements for entering products into the register of Russian software

Software of state-owned companies will be included in the register only in the absence of analogues in it: this measure is aimed at supporting commercial products. State-owned companies will be able to develop and include their own products in the register, subject to commercialization with annual confirmation. Moreover, the share of sales of such software to affiliates should not exceed 30%. The requirement applies to products of certain classes (OS, office packages, DBMS, antiviruses), where there are already mature domestic solutions.

Developers will be able to use the mechanism of voluntary software verification for compliance with additional requirements, such as support for Russian microprocessors, the presence of security certificates, the absence of vulnerabilities, etc. Compliance will give preferences in public procurement and stimulate the introduction of important functions in domestic decisions. At the same time, non-compliance with additional requirements will not become an obstacle to the inclusion of software in the register and will not lead to exclusion from it.^[1]

2024

A new requirement for software from the registry of the Ministry of Digital Development is compatibility with two Russian OS. How it will affect the market

In mid-December 2024, it became known about the decision Ministry of Digital Development RUSSIAN FEDERATION to tighten the requirements for the domestic one software placed in the register of the ministry. In particular, we are talking about the introduction of mandatory compatibility of products with two Russian operating systems. TAdviser surveyed - IT companies to understand what the innovation would lead to.

As follows from the draft resolution of [1] the Ministry of Ministry of Digital Development (link to the document), software developers will have to ensure the compatibility of their software with two OSs, which are also in the ministry's register. If the program is intended for a firmware complex, then it must be compatible with at least one OS from the register of Russian software. As conceived by the department, the new requirements will begin to operate:

• From June 1, 2025, with virtualization and office software
• from January 1, 2026 - for service programs, cloud computing, data storage;
• from January 1, 2027 - for industrial software and organization process control tools.

New requirement for software from the registry of the Ministry of Digital Development

According to Evgeny Alekseenko, director of product development at IVA Technologies, the Ministry of Ministry of Digital Development new requirements for Russian software are not a whim of officials, but a natural and expected step in modern conditions. Expanding technological cooperation between developers of operating systems and application software, the entire market will receive an additional impetus for development - the functionality, flexibility, reliability and quality of Russian solutions will increase, the interlocutor of TAdviser is sure.

The Development Director Truconf"" Dmitry Odintsov also supported the initiative of the Ministry of Digital Development and stressed that it will be useful in terms of protecting popular applications from popular clones.

These requirements emphasize that it is not enough to simply create copies, it is necessary to develop products, ensure compatibility and integration with infrastructure hardware and software, Russian operating systems. Simply put, constantly invest in the development of such solutions own funds in order to meet the expectations of the domestic market, "Odintsov added.

As negative factors regarding the requirement for software compatibility with two Russian OS, market participants interviewed by TAdviser called the increase in costs for product development and, as a result, an increase in their cost. Developers will have to increase the cost of adapting and testing software, which can lead to higher prices for end products or complicate their entry into the market, says Alexey Uchakin, director of the EdgeÖåíòð infrastructure department. That could put pressure on smaller companies that have fewer resources for such changes, he pointed out.

Irina Myagkova, Deputy General Director for Development of NPP RELEX JSC, agrees with this opinion and clarified that a large amount of work on migration of applications and databases will have to be performed by companies whose applications work only for Windows operating systems. For developers of Linux-oriented products, the new requirements of the Ministry of Digital Development will not be difficult to support, she is sure. The same applies to web platforms that do not have specific requirements for the operating system, added Nikolay Rykov, product manager for software solutions at Konica Minolta Business Solutions Russia. In his opinion, the need to invest in software adaptation can not only increase development costs, but also slow down the launch of new solutions on the market.

Introducing the requirement for compatibility with two domestic operating systems for most software classes will entail an increase in the complexity of development, but for a number of classes, for example, multimedia software, the implementation of compatibility can cause difficulties, since there are no analogues of iOS and SmartTV platforms in the registry now, - said Natalia Bashurova, Directum analyst, member of the committee for the development of financing the IT industry of ARPP "Domestic software."

Softline Digital data analyst Azamathan Arifkhanov admits that the new requirement of the Ministry of Digital Development may affect the programming languages ​ ​ chosen to create cross-platform solutions: due to its simplicity and versatility, a Java boom is again possible.

Borlas Dmitry Kichko, vice president of consulting, doubts that the new criterion will significantly change something for most developers of advanced domestic software, since their products already support compatibility with several operating systems. But it will create a certain filter that will complicate getting into the register of solutions of one-day companies producing raw software in the hope of taking advantage of the current difficult situation with import substitution, the expert said.

Kirill Semion, General Director of the National Competence Center for Information Systems for Holding Management (NCC ISU), drew attention to the fact that by the end of 2024 the number of operating systems in the register of domestic software is measured in dozens, so it is not clear why with two and how to choose them.

In my opinion, this situation would already be leveled off by market mechanisms. And the new requirement can only lead to an increase in the cost of application software, - said Semion in a conversation with TAdviser.

In accordance with the same draft resolution, Ministry of Digital Development, a new requirement for products of state-owned companies is introduced - no more than 30% of sales revenue inside or the absence of analogues in the register. Market participants' opinions on this initiative are set out in this article below.

The Ministry of Digital Development will give software compatible with Russian processors advantages in public procurement

In mid-December 2024, the Ministry of Digital Development of the Russian Federation announced new rules for the formation and maintenance of a single register of Russian programs for electronic computers and databases, as well as the register of Eurasian software. In particular, developers of software compatible with Russian processors will receive advantages in public procurement.

It is said that the copyright holders of software products must annually, no later than June 1, provide (update) information on the amount of revenue for the sale of software, information on its cost and functional characteristics. This is necessary to assess the effectiveness of the provision of tax benefits, monitor the dynamics of software cost growth and compliance by copyright holders with the requirement for free software implementation.

The Ministry of Digital Development will provide advantages in public procurement of software compatible with Russian processors

Additional requirements, subject to which software developers will have advantages in participating in procurement (the "second extra" rule), include confirmed compatibility with a microprocessor from the register of the Ministry of Industry and Trade, and since 2028 - compatibility with at least two processors. In addition, it is necessary to confirm support for Russian browsers, troubleshooting and vulnerabilities, releasing software updates, providing software interfaces for integration with external systems (APIs), accounting and tracking for errors detected at all stages of the software life cycle, including during operation, as well as rules for using open licenses.

For information security products, additional requirements are set for the class "Anti-virus protection tools." For industrial software, additional requirements are defined for the class of PLM systems. Confirmation of compliance with the established rules should be carried out by expert organizations certified by the Ministry of Digital Development.^[2]

New criterion for preserving IT solutions of state-owned companies in the register of domestic software: What market participants think about this

In November 2024, the head of the Ministry of Digital Industry Maksut Shadayev announced the introduction of a new criterion for placing software of state-owned companies in the register of domestic software. We are talking about the need to sell the product to third parties. TAdviser decided to find out what market participants are thinking about the upcoming innovation.

Now, from next year, we will definitely monitor the commercial sale of products of state-owned companies. And in this sense, probably, the criterion for maintaining Russian software in the register will be the presence of external revenue, and not from affiliated companies within large state holdings, but when, after all, this product, which was created within the company when it was successfully sold on the foreign market. Probably, this will be a condition for preserving their products in the register, - said Shadayev.

New criterion for preserving IT solutions of state-owned companies in the register of domestic software

According to him, many state-owned companies approach the implementation of plans for the transition to Russian software in this way: they develop their own IT solution, register it in the register of domestic software, then "roll out" it on their own infrastructure and declare that they have switched to Russian software, which is in the register.

At the same time, if it is not sold further, we believe that it cannot be fully considered an independent commercial domestic decision, "said the head of the Ministry of Ministry of Digital Development.

Internal software development, instead of acquiring it on the market, is common in large companies with strong IT teams that have the necessary resources and expertise, says David Martirosov, senior vice president for commercial IT products at Rostelecom, welcoming the initiative of the Ministry of Digital Development. According to him, such software may well have analogues on the market, but for various reasons they are not suitable, forcing them to create their own. The commercialization of internal developments was the result of the departure of Western players from the Russian market - there was a demand for domestic solutions, and it had to be met, often in a short time, Martirosov continues.

In Rostelecom, the number of technologies and services of its own development is measured in dozens, so the company has created a separate strategic direction - a commercial IT cluster - for their launch on the market. However, we are not just turning internal technologies and services into full-fledged commercial products in order to push them into the market. We create separate companies with their own brands, whose products should be among the top three solutions in their segment, and revenue should be at least 70% from external customers. And this is what they talked about in Ministry of Digital Development - although many state-owned companies formally sell their developments on the market, they mainly sell them to affiliated companies. This is not at all the result that needs to be achieved, and it is very good that the Ministry of Ministry of Digital Development understands this, - said Martirosov.

According to the chairman Association KP VET (it includes Rosatom"," Roskosmos"," "Rostelecom," Gazprom neft"," "Transneft," RUSSIAN RAILWAYДом.РФ"," ","), Rostec Sberbank Renata Abdulina limiting internal IT development is a sensitive issue that requires a careful approach and direct dialogue between the regulator and major customers. It is necessary to study in detail the market situation for individual classes, development conditions, to choose criteria suitable for all parties for internal solutions that will help maintain a balance between the need to support the development of domestic IT manufacturers and the need to create industry-specific highly specialized solutions, taking into account the availability of expertise and the relevant infrastructure among the largest companies, Abdulina believes.

The presence of its own development can be justified only in a number of cases: for example, when it is necessary to create specialized solutions with the involvement of its own unique expertise, says Renat Lashin, executive director of ARPP "Domestic Software." In almost all other cases, the development of duplicate solutions creates excessive competition in the market, increases the shortage of personnel, shifts the timing of the transition to domestic products. In an environment where consolidation of finances and personnel is necessary to accelerate the achievement of the country's technological leadership, the introduction of such a restriction is a timely and correct decision, Lashin emphasized in a conversation with TAdviser.

Dmitry Odintsov, Development Director of Trukonf, agreed with this position and noted that instead of creating clones, companies and state-owned companies should focus on the dialogue between customers and manufacturers, as well as on the real "pain" of consumers. For users, multifunctionality, stable software updates, support for integration and compatibility between existing IT systems, OS and hardware are important, he added.

CorpSoft24 CEO Konstantin Renzyaev called the initiative of the Ministry of Ministry of Digital Development of fair, given that IT subsidiaries of state-owned companies spend money on the development of products for parent holdings.

The head of DatuRu Consulting, Konstantin Prokopenko, also supported the idea of ​ ​ Ministry of Digital Development and called it an incentive for the further development of Russian software.

From the point of view of the state, the introduction of this condition is advisable and stimulates the emergence of truly marketable and competitive products, and not made for one customer, "says Kirill Zheleznov, Product Director of Innostage. - At the same time, when introducing the measure, it is important to take into account new products and not make it difficult for them to enter the market with a complex procedure

According to Boris Seletsky, director of the Regional Institute for Territorial and Sectoral Development (RITOR), the Ministry of Ministry of Digital Development sees that the revenue of IT companies is growing, and this does not bring results, since a certain part of companies simply purchase certain products within a group of legal entities so that there is revenue from IT and the benefits that are given when they are in the software register are preserved. Seletsky is sure that now the time is coming for the second stage, when the number will turn into quality, because the new initiative of the ministry, in principle, will potentially prevent the presence of non-market (to some extent fictitious) software developers in the register and companies will have a choice - either to enter the market or lose benefits.

What they choose is even interesting. On the other hand, the ingenuity of Russian companies has always amazed, perhaps here they will get out - for example, breaking the affiliation of the legal entity-customer and the contractor, - added the director of ANO "RITOR."

The general director of the IT company SkyDNS lists three reasons why the Ministry of Digital Development, in his opinion, decided to require state-owned companies to prove the successful commercial sale of their products to preserve Russian software in the register.

• transparency and appropriateness of benefits;
• stimulating the open market and competitiveness;
• support of import substitution strategy.

Kirill Semion, General Director of the National Competence Center for Holding Information Management Systems (NCC ISU), considers the requirement to sell software from state-owned companies to third-party customers to be "very contradictory."

If it concerned only universal solutions that do not have an industry binding, then everything would be fair. But when a solution has no market value initially and is intended for a highly specialized process of how to be, it is not clear. If it is not in accordance with the new condition in the register, then the company will not have the right to bear the costs of it, - explained the interlocutor of TAdviser.

The main errors when entering software into the register of the Ministry of Digital Development are named

One of the most common problems when entering software into the register of the Ministry of Digital Development is the lack of legal documents or their incorrect execution. TAdviser got acquainted with common errors during this procedure in mid-August 2024.

Documents confirming the exclusive right to software shall be attached to the application. This can be a set of internal acts of the company for the creation and registration of the relevant intangible asset, an intangible asset accounting card, an agreement on the alienation of an exclusive right or, in extreme cases, a certificate of Rospatent. In addition, it is necessary to check on the software instance the correctness of specifying the copyright holder, in particular: in the meta-properties of the distribution files, in the license files (Copyright, License, EULA, etc.), in the "About" window, etc.

The main errors when entering software into the register of the Ministry of Digital Development are named

Another common error when entering software into the register of the Ministry of Ministry of Digital Development is the use of "prohibited" third-party components. The product must be fully domestic or meet certain criteria. The use of invalid components can cause a failure.

Experts should be able to test the applicant's software. Therefore, it is necessary to provide a verification instance that will demonstrate the functionality and compliance with the declared characteristics. It is also important for specialists to understand which libraries and for which open licenses the applicant uses in his software.

Violation of requirements when registering a product site can also cause a refusal. The web resource must meet all the requirements of the Ministry of Digital Development, including the availability of the necessary information and its correct presentation. The site on which information about the program is posted must be located on the applicant's domain.

The reason for the refusal may also be failure to submit within 30 working days from the moment of sending a request from the postal address reestr@digital.gov.ru requested in accordance with the Rules for the formation and maintenance of a register of documents/materials/explanations.^[3]

Market players offer to "clean" the register of domestic software from products incompatible with Russian OS and DBMS

Against the background of the need to migrate from import solutions, which is relevant for many organizations, the number of domestic IT solutions on the market is growing and their quality is gradually improving. At the same time, the problem of compatibility of Russian solutions with each other, including with domestic OS and DBMS, remains extremely relevant. On June 20, in the Federation Council, market players voiced ideas on how to speed up the solution of this issue, of which the greatest support was caused by the idea of ​ ​ "cleaning" the register of domestic software from solutions incompatible with Russian OS and DBMS.

Thus, Natalya Kasperskaya, Chairman of the Board of ARPP "Domestic Software," proposes to systematically exclude products from the register of domestic software that are incompatible with domestic OS and DBMS. This is the only way to move somewhere in this matter, she said. Thus, there will be an understanding of compatibility.

The problem of compatibility of IT solutions with Russian OS and DBMS remains very relevant

The Ministry of Digital Development has prepared changes in PP-1236 and PP-325 with the requirements for compatibility of solutions included in the register of domestic software with Russian OS. We are talking about mandatory compatibility with two Russian OS for getting into the register. The department has been working in this direction since 2022: the head of the Ministry of Ministry of Digital Development Maksut Shadayev, back in November 2022 , spoke at the TAdviser SummIT conference about plans to require developers to ensure compatibility of their products with the selected OS. In June 2024, the Ministry of Ministry of Digital Development did not specify TAdviser when the prepared compatibility changes will come into force.

In addition, an idea is being discussed on the market to limit the number of operating systems in the registry to a small one. Now there are already several dozen of them there.

There are already requirements for compatibility, but they are still optional, and the requirements for customers are mandatory, Natalya Kasperskaya noted at a meeting in the Federation Council on June 20. By weeding out incompatible products from the registry, you can see the real state of affairs. Now there is a lot of "garbage" in the register, including products that mimic under Russian, she added.

In any case, it takes years to develop ecosystems, so do not think that they will quickly appear now. The customer will have to put up with the situation for now that there are sets of conditionally compatible software.

Anton Dumin, head of the section of the Council for the Development of the Digital Economy under the Federation Council, head of the IT, Automation and Telecommunications Department of Gazprom Neft, believes that "cleaning the register" is not an easy task, and specialized associations like ARPP "Fatherland Software" should help in this. At the same time, it should be spelled out with which OS and DBMS should be compatible with the solutions included in the register, Dumin notes.

In addition, it would be good if operating systems developers checked whether compatibility with their OS was actually implemented in the products for which it is declared when submitted to the registry.

Member of the Board of Russoft, Chairman of the Board of Directors of BASEALT, Chairman of the Central Development Commission "Operating Systems" Alexei Smirnov believes that after the changes in the PP-1236 and PP-325 with the requirements for compatibility begin to be applied, it is necessary to further develop this topic towards the requirement that the domestic program should be able to work in the absence of any import programs. If in order to launch a domestic program, imported software is necessarily required, then such a program must be excluded from the registry.

One of the problems in the field of compatibility is that now there is no requirement in government development contracts or in the rules of industrial competence centers (ICC) that the software being developed should be compatible with domestic OS and DBMS. Such a requirement should be for all state orders and for all work that is carried out within the framework of the ICC, believes Alexey Smirnov.

Messengers, programs for EDO, robotization systems and medical software were added to the classifier of Russian software

The Ministry of Digital Development has added four new categories to the classifier of domestic software, Kommersant reported on March 13, 2024, citing a ministry order of March 11, 2024.

Categories included in the classifier include - programs for instant exchange of text messages and others, files programs for electronic document management (), E-DOCUMENT FLOW medical ON and process robotization system (). RPA

The classifier of "programs for electronic computers and" databases was approved by order of the Ministry of Digital Development communications and Mass Media Russia No. 486 of September 22, 2020 in connection with paragraph seven of resolution No Governments. 1236 "On the establishment of a ban on admission software originating from foreign ones for the states purpose of making purchases to meet state and municipal needs."

Regarding the RPA systems, the Ministry of Digital Development explained to the publication that they added this class in connection with the "request from the industry."

The published order says that we are talking about software that allows you to develop software robots to automate business processes using computer vision, language processing and speech synthesis, as well as advisory and decision support tools.

The ministry noted that support measures for RPA developers were available before: "The copyright holders of software solutions in the RPA class indicated when submitting an application related classes from the section" Process Management Tools of the Classifier Organization. "

Each developer included products in those categories that he considered as close as possible, - said the managing director of the ROBINPavel Borchenko platform. - The absence of the RPA class added difficulties in finding such systems.

The decision to include RPA in the classifier will allow developers of such solutions to receive grants for development and soft loans, as well as participate in public procurement, "said Dmitry Sheverev[4] rossijskogo, head of the frontend development department[5] SimbirSoft[6].

The Ministry of Digital Development is preparing new requirements for Russian software

The Ministry of Digital Development intends to introduce additional requirements for software included in the Register of Domestic Software. From 2024, developers of domestic software will need to adapt it for Russian operational systems. This was announced on February 13, 2024 by the press service of the State Duma deputy RFAnton Nemkin.

According to Novozhenov's explanation, several Russian OSs will initially be selected, the updated requirements will indicate priority compatibility with them. Towards the end of 2024, it is planned to begin introducing these requirements for individual software classes.

As of February 2024, there are about 60 different operating systems in the Russian Software Registry, most of them are developed on the basis of Linux distributions. Issues of compatibility of various Russian software products are dealt with by both individual companies and their associations. In particular, ARPP "Domestic Software" has created and maintains a Catalog of compatibility of Russian software products.

Compatibility with a domestic processor will not be mandatory for inclusion in the register, but will allow you to meet additional requirements that are important for potential customers, said Anton Nemkin.

In general, the Ministry of Digital Development have been pay special attention of developers to the compatibility of various Russian software products for several years, since this problem is systematic and impedes the transition to domestic software, Nemkin recalled. In particular, in 2023, the issue of creating independent centers for testing the compatibility of Russian software and hardware was raised.

Therefore, the IT industry has already identified four operating systems that are the target for developers, in terms of compatibility, and customers in terms of forming an IT development strategy. These are Astra Linux, Alt Linux, ROSA and Red OS. At the same time, the share of state-owned companies' costs for the purchase of Russian software and electronic products is constantly growing - in some categories this figure reaches 70-80%.

2023

The Ministry of Digital Development of the Russian Federation has prepared new rules for getting into the register of domestic software

In early December 2023, it became known that the Ministry of Digital Development of the Russian Federation, together with specialized software associations, developed new rules for including products in the register of domestic software. These requirements determine which suppliers will be able to receive preferences in public procurement.

According to the Kommersant newspaper, the document provides for amendments to government resolutions No. 1236 and No. 325, which regulate the procedure for including products in the register of Russian software. The Ministry of Digital Development proposes to divide the register into two sections: the first will include software that meets additional new requirements, the second - all other solutions. Products from the first section will receive preferences under the state order, and their copyright holders will receive tax and non-tax benefits. For the second category, only benefits are provided, in particular, a zero VAT rate.

Additional software requirements include mandatory compatibility with one of the Russian processors and domestic browsers. The developer must provide full technical support to customers, as well as have his own or rented infrastructure for training users to work with his product. Plus, certain requirements will be imposed on software of certain classes - DBMS, operating systems, office packages, etc.

It is also noted that the software applying for inclusion in the register will be analyzed for the depth of processing of components open source from (open source): if it turns out to be sufficient, the software will receive additional preferences on public procurement over other products. The head CCICT Ilya Massukh says that only those companies that are able to ensure the update of their software from resources located on the territory will be able to count on preferences. Russia

Those who develop software based on open source will have to use either their own code repository or a repository owned by other Russian companies or associations for updates, Massukh notes.[7]

The Ministry of Digital Development tightens the conditions for including software in the register of Russian software

On August 25, 2023, it became known that the Ministry of Digital Development of the Russian Federation intends to amend the current rules governing the procedure for including software in the register of Russian software. It is assumed that the requirements for products applying for the title of domestic will increase.

According to the Kommersant newspaper, the department intends to oblige software developers to adapt the software that is planned to be included in the register for work with at least one Russian processor included in the corresponding register of the Ministry of Industry and Trade. In addition, such products must be compatible with at least two domestic operating systems. Amendments by the end of 2023 will be made to government decrees No. 1236 and No. 325.

However, market participants say that the proposed requirements will complicate the activities of Russian software suppliers. The fact is that adapting software to work with a specific processor architecture or OS can require significant effort and resources. This will result in additional financial costs and increase the timing of products entering the commercial market. In such a situation, the general director of OnlyKirill Vladimirov believes, some developers may refuse to add their software to the register or even exclude it.

On the other hand, in return for an additional burden, developers get access to public procurement and tax preferences. Nikolai Komlev, head of the Council of the Chamber of Commerce and Industry of the Russian Federation for the Development of the Digital Economy, says that the rule changes may lead to the fact that some companies working with the public sector are completely reoriented to support Linux, abandoning the release of new versions of their software for Windows. According to estimates by the Russoft Association, the share of Russian companies that develop applications for Windows as of August 2023 fell to a record low of 68%. In 2020-2022, the figure was 74-79%, and before that - 94-97%.^[8]

Compatibility with two Russian OS will become mandatory for domestic software

Developers of domestic software will have to guarantee the compatibility of their software with at least two Russian operating systems. This became known on June 13, 2023.

According to the Vedomosti newspaper, a draft government decree on this topic has been prepared Ministry of Digital Development of the Russian Federation. It is assumed that the requirements will apply to both new software and Russian software already included in the register.

According to the current rules, to submit an application for the inclusion of product information in the register of domestic software, it is necessary to provide a link to a copy of the package, information on royalties abroad and the company's revenue, as well as a description of the functional characteristics of the software and information necessary for installing and operating the software. In addition, technical documentation on lifecycle maintenance is required. However, the Ministry of Digital Development rules do not mention the necessary compatibility with Russian OS.

The fact is that the bulk of the programs in the registry do not have compatibility with two domestic operating systems at once, although they are based on the Linux kernel. The Ministry of Digital Development registry did not have such a parameter as "compatibility with domestic OS or processors," and the developers did not need to declare such compatibility. Now the rules can change.

The Vedomosti newspaper reports that the draft document is being worked out with industry associations, and then will be sent for approval to interested departments. Requirements will be introduced in stages for different classes of software. In particular, a transitional period will be provided for the software already included in the register for its revision under new requirements. According to experts, about half of the items in the register of Russian software do not comply with the new rules.^[9]

The Expert Council under the Ministry of Ministry of Digital Development received the authority to include PAC in the register of domestic software

On June 1, 2023, the Ministry of Digital Development announced the signing of an order empowering the software expert council to include hardware and software systems (PAC) in the register of domestic software. Read more here.

The Ministry of Digital Development begins to accept applications for the inclusion of PACS in the register of domestic software

The Ministry of Digital Development of the Russian Federation begins accepting applications for the inclusion of hardware and software systems (PAC) in the register of Russian software. Representatives of the department reported this to TAdviser on April 14, 2023.

According to the requirements of the Ministry of Digital Development, the PAC should include software included in the register of Russian or Eurasian software. At the same time, technical means within the PAC should be included in the register of Russian radio-electronic products or the register of Russian industrial products. The agency also provides for another option: PAC manufacturing companies must provide information that software and hardware complexes are developed in Russia and are served in Russian service centers. In turn, for PAC in the field of information security, you will need to present licenses and certificates to FSTEK and the FSB.

The received applications are considered by the Expert Council under the Ministry of Ministry of Digital Development.

In addition, the registry can now indicate that the software belongs to the field of artificial intelligence. This gives companies that implement it benefits when paying taxes.

You can apply for inclusion in the register on the website of the register of domestic software.^[10]

The Ministry of Digital Development will tighten the requirements for open source software for its inclusion in the register of domestic software

The Ministry of Digital Development, Communications and Mass Media of the Russian Federation will tighten the requirements for open source software for its inclusion in the register of domestic software. The plans of the department became known on January 24, 2023. Read more here.

2022

PACS manufacturers can now also apply for tax breaks

Developers and manufacturers of PACS will now be able to apply for benefits that were previously available only to copyright holders of Russian software. This follows from Government Decree No. 2461 of December 28, 2022. The document was signed by Prime Minister Mikhail Mishustin^[11].

In particular, the developers and manufacturers of PACS will have access to a zero rate on income tax, and the size of the mandatory insurance premium will be reduced to 7.6%.

Conditions for inclusion of PAC in the register:

• the PAC includes software included in the register of Russian or Eurasian software;
• technical means as part of PAC meet one of the following conditions:
  • included in the unified register of Russian radioelectronic products or the register of industrial products;
  • designed, developed and tested in Russia, serviced in Russian service centers;

• availability of licenses and certificates of FSTEC and FSB - for PAC in the field of information security;
• the conclusion of the Ministry of Industry and Trade on the classification of industrial products that have no analogues produced in the Russian Federation - for the rest of the PAC.

Another change was the ability, when applying for inclusion in the register of Russian software, to indicate that the software belongs to the field of artificial intelligence. Companies acquiring such decisions will be able to take advantage of additional tax preferences (which entered into force in 2022 in accordance with the adopted 323 Federal Law)^[12].

The Ministry of Digital Development plans to oblige Russian developers to adapt software for Linux

On September 20, 2022, it became known about the upcoming changes in the rules for including products in the register of domestic software. As the head of the board of directors of BASEALT (developing Alt Linux) Alexei Smirnov told Kommersant, we are talking about the requirement to adapt software for Russian operating systems based on Linux.

{{quote 'Now a significant part of software in the register can only work under foreign OS, the new version of the government decree banning the admission of foreign software for public procurement provides for a note in the register about the mandatory compatibility of the software product with domestic OS, - he said. }}

In his opinion, the requirement should be introduced in stages for different classes of software. In case of failure to comply with these requirements, the software developer will be excluded from the register of domestic software. The Ministry of Digital Development confirmed to the publication the development of this initiative, noting that it is also planned to add requirements to a compatible OS.

According to Natalya Selina, director of relations with government agencies of the Astra group (developer of Astra Linux OS), the adaptation initiative will help form a full-fledged domestic IT ecosystem. Rustam Rustamov, deputy general director of Red Software (developer of Red OS), also supported the initiative and explained to the publication that some programs will have to be created from scratch. For example, banking systems that have been written by Windows for 20 years.

There are not enough restrictions for vendors to start developing the second branch of products for Linux, the source of the newspaper emphasizes. In his opinion, real market demand should appear, then a second team of developers specializing in Linux will be recruited. If there is no demand, the costs will have to be subsidized by the state, the source added.^[13]

The register of Russian software will include software and hardware complexes

The Ministry of Digital Industry of Russia has published a draft government Ministry of Digital Development with changes affecting the rules for including software in the register of domestic software. Representatives of the department reported TAdviser on August 29, 2022.

In particular, the document assumes inclusion in the register of hardware and software systems. As specified in the ministry, this is also necessary so that developers and manufacturers of PACS can apply for the same tax benefits as developers of domestic software. The corresponding changes to the Tax Code proposed by the Ministry of Digital Development were adopted in July 2022.

At the same time, if the software belongs to the field of artificial intelligence, then, according to the draft resolution, the corresponding sign will be included in the registry record.

The registry entry will also include information on the percentage of deductions to foreign copyright holders. According to the current rules, they must be no more than 30% of the annual revenue that this software brings. The information is expected to be updated annually.

Software compatibility with products from the register of Russian radio electronics shall be ensured. Information on the test results will be entered in the software registers and radio electronics. This requirement applies only to software classes determined by the Government of the Russian Federation, the Ministry of Ministry of Digital Development noted.

In addition, requirements for localization of equipment in accordance with the current legislation, as well as requirements for ensuring technical support of software throughout the Russian Federation, are added for developers.

The draft resolution also provides that if the application software included in the register is compatible with the Russian operating system, this information will be indicated in the register record.

Finally, to minimize sanctions risks against Russian software developers, information about the copyright holder (its name, TIN, etc.) may not be published in the registry record. To do this, the copyright holder must submit a motivated appeal to the Ministry of Ministry of Digital Development, the department concluded.

Natalya Kasperskaya asked Mishustin not to include Ozon, Avito, HeadHunter and VimpelCom products in the register of domestic software

The head of the Association of Software Developers (ARPP) "Domestic Software" Natalya Kasperskaya sent a letter to Prime Minister Mikhail Mishustin, in which she asked to tighten the requirements for the inclusion of software in the register of Russian software, excluding the development of "non-core" structures from it. The appeal was sent on June 29, 2022, and it became known about it a little more than a week later.

As Kommersant writes with reference to this letter, Kasperskaya emphasizes that some companies "whose commercial activities and interests are only indirectly related to the IT industry," including Ozon, Avito, Cian.ru, HeadHunter, Tinkoff and VimpelCom, asked to soften the requirements for entering the register of Russian software. According to the head of the ARPP, they want to "have time" to jump into the train "and participate in the distribution of the" pie "of support for the industry, for which the state in extremely difficult times allocated really huge resources."

The current mechanism for inclusion in the register of Russian software, according to ARPP, has proven its effectiveness, and mitigating the requirements will lead to the fact that "direct clones of foreign software and re-licensed free software" can gain access to public procurement.

This will undermine the trust of customers and users in the register and further aggravate the threats to the country's security and technological sovereignty associated with the entry of actually foreign software into the register, says a letter from Natalya Kasperskaya to Mikhail Mishustin.

VimpelCom noted that existing companies "that operate in our country, introducing and developing services and solutions in the interests of Russian users, including with the attraction of foreign investments," should not be limited in capabilities and ignored at the state level.^[14]

Association of Software Developers ask the government not to simplify access to the register of Russian software

The Association of Software Product Developers (ARPP) "Domestic Software" in June 2022 asked the Ministry of Digital Development of the Russian Federation not to simplify access to the register of Russian software in order to prevent clones of foreign products from entering it.

By June 22, 2022, in order to be included in the register of domestic software, the company must pass an audit of the Center of Competence for Import Substitution in the Field of Information and Communication Technologies (ICT) and the Expert Council under the Ministry of Ministry of Digital Development. In early June 2022, the head of the Ministry of Ministry of Digital Development Maksut Shadayev said that the authorities intend to simplify the process of including products by introducing a notification procedure.

{{quote "Cancellation of the initial check will lead to the entry into the register of direct clones of foreign software and" replicated "special software. This will undermine the trust of customers and users in the register, - writes Renat Lashin, executive director of ARPP "Domestic Software." }} In addition, according to the members of the association, after the introduction of the "notification order," the number of applications for inclusion in the register may significantly increase and, accordingly, the number of installations of low-quality software may increase with reference to the presence in this register. This will lead to "multiple collisions, taking into account VAT and conflicts with the Federal Tax Service" and, as a result, a loss of confidence in the registry. Taking into account the current situation, the experts of the association are sure that the inclusion procedure should be tightened, and not simplified.

ARPP also opposed the proposal to include a product in the register, the developer of which is only 25% owned by Russian companies. The corresponding proposal was voiced by Maksut Shadayev on June 7, 2022. By June 22, 2022, there is a 50% limit.

According to Lashin, the procedure needs to be tightened in order to ensure the transition to domestic products of owners of critical information infrastructure by 2025.^[15]

2021

The register of domestic software will be replenished without orders from the Ministry of Ministry of Digital Development

In early December Ministry of Digital Development Russia 2021, it announced the transition to the "registry model" of providing state services for the formation and maintenance of software registers.

In accordance with the amendments to Federal Law No. 210-FZ "On the Organization of the Provision of State and Municipal Services," the confirmation of the entry of information about the software in the software registers will be the number and date of the formation of the register record. The specified result will no longer be issued by order of the Ministry of Digital Development of Russia.

Starting from November 30, 2021, information about the software is included in the registers by the operator in accordance with the order of the Ministry of Digital Development, formed on the basis of expert opinions approved by the minutes of the meeting of the expert council on software in Ministry of Digital Development.

As explained in the department, these changes are designed to reduce the time for making a decision on all types of applications, where the publication of the order was previously required.

As of December 3, 2021, there are 12,121 products in the register of domestic software.

By July 1, 2021, the Russian government must amend the mandatory preferential use of Russian software and equipment for critical information infrastructure, as well as amendments aimed at tax incentives for investments in the introduction of Russian software and hardware systems based on artificial intelligence. This initiative should contribute to the development of the Russian software market.

In addition, by May 1, 2021, the Government should take measures aimed at establishing personal responsibility for the heads of state corporations, state-owned companies and other organizations with state participation for timely preparation and transition to domestic software. The President also instructed to set targets for the share of use of Russian software included in the register.^[16]

The Ministry of Digital Development has identified applicants for the removal of Russian software from the register

At the end of October 2021, it became known that the Ministry of Digital Development had identified applicants for the removal of Russian software from the register. The ministry conducted a large-scale audit, as a result of which it found about 900 products with irrelevant information in the description.

More than 650 copyright holders sent up-to-date information, but 104 were excluded from the Unified State Register of Legal Entities (Unified State Register of Legal Entities), they could not be contacted, RBC writes with reference to the Ministry of Ministry of Digital Development.

Copyright companies need to make sure that the information published in the registers is correct... If the rights to the product were transferred to another legal entity, new copyright companies need to promptly send the relevant information, the ministry said in a statement.

Deputy Head of the Ministry of Ministry of Digital Development Maxim Parshin urged all copyright holders to check information about software products. According to the results of the audit of the register, the ministry will initiate the exclusion of products with irrelevant information or that do not meet the requirements.

Also, specialists of the ministry are checking the compliance of the software with the requirements approved by the decree of the Government of the Russian Federation. In particular, it is necessary that third-party software components are legally used and allow you to obtain the exclusive right to the product. The total share of direct and (or) indirect participation of citizens of the Russian Federation, Russian organizations without predominant foreign participation, constituent entities of the Russian Federation, municipalities should be more than 50%.

By October 26, 2021, the register of Russian software includes 11,799 products from more than 3.7 thousand copyright holders. The director of the center of competencies for import substitution in the field of ICTIlya Massukh explained to the publication that at the initial stage many products were included in the register that used the databases of Microsoft, IBM and other foreign companies, and by 2021 they did not meet the requirements - for example, they cannot be distributed throughout the country, including in Crimea.^[17]

The Ministry of Digital Development allowed the developers of domestic software to attract freelance programmers

On September 16, 2021, it became known about the revised rules of the Ministry of Ministry of Digital Development for the inclusion of products in the register of domestic software. According to the document referred to by Kommersant, software manufacturers will be allowed to involve freelance specialists for technical support, revision of comments and making the necessary corrections to the source code of products from the registry.

The representative of the Ministry of Digital Development clarified to the publication that large Russian IT companies attract freelance specialists from Belarus and other countries of the Eurasian Economic Union (EAEU) to support their code from the register, so the requirement for the presence of specialists providing support and maintenance of software in the state of the copyright holder is recognized as redundant.

According to the head of NGR SoftlabDmitry Pudov, software companies can only trust freelance specialists to change the software, since deep immersion in the product is needed to provide technical support and warranty service.

Another innovation is that developers will need to provide documentary evidence that the source code of the software is located in Russia.

The new amendments are primarily beneficial to large IT companies that have a complex business structure, including foreign legal entities, believes Efim Kazantsev, an expert at Moscow Digital School. But in the end, there may be difficulties for companies that are developing open source solutions in open source, said Fyodor Dbar, commercial director of Security Code. The open source code is often not checked, but it may contain lines that are dangerous for the enterprise or even the country as a whole, which can be activated at a certain moment, the expert said. He considers the requirement to store the source code in Russia logical.^[18]

2020

The Ministry of Digital Development Science decided to exclude government software from public procurement

At the end of September 2020, it became known about the new rules for the formation of the register of Russian software developed by the Ministry of Ministry of Digital Development. One of them assumes that the software that state bodies, corporations and companies are developing for their needs will not be able to be included in public procurement.

The agency intends to divide products in the register into those that can participate in public procurement, and those that cannot, writes Kommersant"" with reference to the draft amendments to Decree No. 1236 on the ban ON on foreign admission for public procurement developed by the Ministry of Digital Development.

As the head of the BASEALT company Alexei Smirnov noted to the publication, the class of software products, developed by state corporations and government agencies for their own needs and not intended for sale, was added to the register in 2019, due to the fact that such structures are required to participate in import substitution, but their own developments or those made for them by order were not considered domestic, since they were not in the register, the fact is that such software did not meet the mandatory requirement for free sale throughout the Russian Federation.

As a rule, they need government software posted in the register to balance risks, says Alexander Egorov, head of Reksoft. If tougher requirements are introduced regarding IT import substitution, state corporations will be required to switch to products from the register, but not all solutions from it meet the requirements of large customers, which is why they need their internal products in it, one of the sources in the IT market explained to the newspaper.

Filling the register, it is necessary to maintain a balance between support and preferences, on the one hand, and a possible restriction of competition, on the other, said First Line Software CEO Alexander Pozdnyakov.^[19]

The Ministry of Telecom and Mass Communications plans to include products of foreign beneficiaries in the register of domestic software

On September 8, 2020, it became known about the amendments developed by the Ministry of Communications to the criteria for products to enter the register of domestic software. According to the draft resolution published on the federal portal of regulatory legal acts, software from Russian legal entities whose beneficiaries are foreign individuals and legal entities (before they could only be Russians) will be able to enter the register.

At the same time, the requirement for the possibility of full-fledged technical support for this ON throughout the country, including Crimea and Sevastopol, will remain for them, "" reports.Kommersant

From the mandatory requirements, it is proposed to exclude the applicant's exclusive right to software, the newspaper writes with reference to the general director of the New Cloud Technologies company (developing the MyOffice package) Dmitry Komissarov. Together with the permission of foreign beneficiaries, this may interfere with import substitution, he fears.

General Director of BASEALT Alexei Smirnov doubts that large foreign developers will be able to get into the register, since then they will have to provide supplies, including to Crimea and Sevastopol, which is prohibited by sanctions. But it is possible that any developers from China, India or other relatively friendly Russia will go for this, the expert admits.

According to Renat Lashin, executive director of the Domestic Software Association, the register rules state that its participants must supply software to all government agencies and state corporations, including those under sanctions. These requirements should compensate for the relaxation introduced by the Ministry of Telecom and Mass Communications for developers, Lashin believes.

He also added that the number of applications for inclusion in the register has increased several times, so speeding up the procedure for their consideration will benefit.^[20]

The Ministry of Telecom and Mass Communications clarified the rules for including products in the register of Russian software

In September 2020, the Ministry of Telecom and Mass Communications presented new rules for including products in the registers of Russian and Eurasian software. The agency published the corresponding draft government decree on the portal of public discussions.

The document clarifies the requirements for software products and copyright holders provided for in paragraphs 5 and 42 of the rules. So, according to the initiative of the Ministry of Telecom and Mass Communications, the exclusive right to software should belong to legal entities and individual entrepreneurs (previously, registration of software products was also allowed to individuals).

In addition, the requirement for the organization to implement, guarantee maintenance, technical support and software modernization states that the organization should not have restrictions on the territory of the provision of these services.

Also, the draft resolution provides for a change in the rules concerning the powers of the Ministry of Communications to determine the operator of registers in competitive ways.

In order to determine the operator by conducting competitive procedures, the draft resolution provides for the exclusion of the requirement that the organization has the right to receive a mandatory copy of the software.

The new document also provides for the optimization of the composition of the expert council under the Ministry of Communications. In addition, it was proposed to add a new requirement, according to which the technical means necessary for the operation of the software when providing users with remote access should be located in Russia.

In addition, the Ministry of Telecom and Mass Communications will be able to attract a non-profit organization in order to quickly include the product in the register. This contractor will have to:

• be independent;
• registered and provide services in the Russian Federation;
• have a technological infrastructure for software inspections for compliance with the requirements.^[21]

The Ministry of Telecom and Mass Communications introduces a new procedure for including products in the register of domestic software

On August 18, 2020, it became known about the introduction of the Ministry of Telecom and Mass Communications of a new procedure for including products in the register of domestic software. This was reported in the minutes of the meeting of the expert council on software at the Ministry of Telecom and Mass Communications of July 17, 2020.

In accordance with the innovations, from October 1, 2020, all software products claiming to be included in the register of domestic software will be subject to professional examination for compliance with the requirements determined by the fifth paragraph of Government Decree of November 16, 2015 No. 1236 "On Establishing a Ban on the Admission of Software Originating from Foreign States, for the purposes of procurement to meet state and municipal needs." Thus, the decision on the inclusion of a candidate in the register will be made taking into account the results of its verification by a third-party organization for compliance with the criteria of domestic software.

Responsible for the preliminary examination of software products, determined ANO "TsKICT" (Competence Center for Import Substitution in the Field of Information and Communication Technologies). This organization will have to provide the Ministry of Telecom and Mass Communications with a calculation of the cost of preliminary examination for the inclusion of software information in the register and develop a methodology for checking software information for compliance with the requirements necessary for entering software products into the register of Russian software.

As Ilya Massukh, director of the Center for Import Substitution Competencies in ICT, explained to D-Russia, public control of professional expertise will provide a collegial decision-making procedure for the expert council in case of disagreements between experts. He associated the need for professional expertise with the complexity of modern software.^[22]

2019

The Ministry of Telecom and Mass Communications has banned the placement of office software for Android and iOS in the registry

In mid-December 2019, it became known that Ministry of Digital Development, Communications and Mass Media it was forbidden to place office software for mobile operating systems in the register of domestic software Android. iOS The corresponding order of the department is posted on the official portal of legal information.

According to the updated requirements for the environment of office software, programs designed for smartphones and tablets running "a mobile operating system, information about which is included in the unified register of Russian software and which is certified in accordance with the requirements of the legislation of the Russian Federation on information protection" can be placed in the register. iOS and Android do not belong to such operating systems.

According to the D-Russia portal, additional requirements for domestic office software are established by government decree No. 325 of March 23, 2017 and introduced for the transfer of federal executive bodies and state extrabudgetary funds to the use of domestic office software.

By December 18, 2019, 207 programs belonging to the "Office Applications" category were included in the register of Russian software. The portal does not indicate which operating systems this software runs on.

In December, Deputy Minister of Digital Development, Communications and Mass Media Yevgeny Kislyakov said that by the end of 2019, the Ministry of Telecom and Mass Communications will complete the purchase of domestic office software. For this, 757.1 million rubles were allocated. Programs are purchased for almost 223 thousand jobs of civil servants in 45 federal departments.

The maximum of four office suite packages will include an email application, editors for texts, tables and presentations, file manager software, organizer, viewer and communication software. The software provider is unknown.^[23]

New rules: Only products with Russian technical support will be allowed in the register of domestic software

In April 2019, the government amended the rules for the formation and maintenance of the Unified Register of Russian Software, supplementing them with a new requirement - warranty service, technical support and modernization of software included in the register, now only Russian commercial or non-profit organizations without predominant foreign participation or citizens of Russia can deal with. The corresponding resolution can be found on the portal of the official publication of legal acts^[24] be^[25].

Similarly, if the product is included in the register of Eurasian software, its maintenance, support and modernization should be carried out by the organization of the Eurasian Economic Union without predominant foreign participation or a citizen of a member country of the union.

In addition, earlier, for the inclusion of software in the register, it was required that it be legally put into civil circulation on the territory of Russia, its copies or rights of use were freely realized throughout the country, there were no restrictions established by foreign countries and preventing the distribution or other use of the program on the territory of Russia or its individual subjects.

Now they added to this list that services for providing access to this software should also be freely implemented throughout Russia. The amendment concerns products with which the user works remotely. A similar item was added to the rules for maintaining the register of Eurasian software, with the difference that there we are talking about the territory of the Eurasian Economic Union.

The entry into force of the updated rules for checking Russian software

On February 4, 2019, it became known about the entry into force of Order of the Ministry of Communications No. 722 on the approval of the procedure and methodology for confirming the compliance of computer programs and databases, information about which is included in the register of Russian software, with additional requirements approved by Decree of the Government of the Russian Federation of March 23, 2017 No. 325.

The order lists the necessary information and documents that the copyright holder of the software must provide for its registration, specifies the rules and terms of the examination, describes the methodology for confirming the compliance of programs with additional requirements, and also indicates the conditions for interaction of all participants in the process.

In addition, this regulatory document stipulates the procedure for resolving disagreements between copyright holders and the Expert Council in the event of a decision on non-compliance of the software with the requirements.

In general, the approved rules should clarify the process of registering IT products in the register of domestic programs, as well as close regulatory gaps complicating the transition of government agencies to Russian software, the Ministry of Telecom and Mass ^[26].

2018

Software developers from the registry were given 6 months to abandon foreign developments

On December 12, 2018, it became known about the upcoming tightening of requirements for products included in the register of Russian software. The Expert Council on Software under the Ministry of Communications is going to remove all developments based on foreign DBMS, application servers and platforms.

As Kommersant writes with reference to the minutes of the council meeting, developers of software already included in the register are given six months to bring the products in line with the new requirement.

Vladimir Rubanov, a member of the expert council and managing director of Rosplatforma, explained to the publication that changes in the rules are needed so that customers who are under sanctions or may fall under them can work entirely on Russian technologies. We are talking about government agencies, enterprises of the military-industrial complex, state corporations - "everyone who is already under sanctions, and those for whom the risk of being hit is great," he said.

The newspaper cites an assessment by experts from the Fatherland Software organization, according to which, as a result of the introduction of new requirements, up to 30% of software products may disappear from the register - many freely distributed developments fall under the wording "Software of foreign origin."

According to Alexander Savelyev, deputy general director of InterTrust, many foreign vendors comply with export restrictions prohibiting the use of software in certain countries and territories.

If today this free software works, then tomorrow, after the next update, it may stop working in the same Crimea, - he explained

The head of ABBYY Russia Dmitry Shushkin considers it inappropriate for the authorities to determine a single period of six months, since all products have different technological complexity and the duration of their transfer can vary^[27]

The Ministry of Telecom and Mass Communications decided to gradually abandon the register of software on foreign platforms

On November 29, 2018, it became known that the expert council on software under the Ministry of Communications of the Russian Federation decided to phase out the use of software based on foreign platforms. Copyright holders of such software will be recommended to transfer it to domestic platforms. Information about this is contained in the minutes of the council meeting.

At the meeting, various issues related to the work of the register were discussed. Russian software Among other things, "a proposal was made to phase out the use of software based on software products of foreign origin in the part, and DBMS servers applications platforms." as of November 2018, according to the results of the vote, the expert council supported this proposal by a majority of votes.

In particular, the experts of the Ministry of Telecom and Mass Communications decided:

• do not include software based on software products of foreign origin in terms of DBMS, application servers and platforms in the Register;
• continue monitoring of the software included in the Register for compliance with the specified solution;
• recommend that software owners based on software products of foreign origin in terms of DBMS, application servers and platforms bring such software in line with the above decision.

In April 2018, at a regular meeting of the council, it was noted that the register is of great interest to domestic IT companies that use it to promote their products, and that for its effective operation it is necessary not only to include the next software in it, but also to exclude irrelevant information and software products that are no longer supported by copyright holders.^[28]

2017

Amendments to the Government Decree on expanding the priority of domestic software

In July 2017, the public discussion of the draft amendments to the Decree of the Government of the Russian Federation No. 1236 of 16.11.2015, prepared, was completed. Ministry of Digital Development, Communications and Mass Media Russia The resolution establishes the priority of the domestic software in public procurement, including for software and SaaS hardware complexes, services for the development, modification, maintenance and technical support of software.

Important in the resolution is the clause on finding software in the Unified Register of Russian Programs for Electronic Computers and Databases - as confirmation of its Russian origin.

In general, the proposed project of the Ministry of Telecom and Mass Communications makes important changes to the Decree of the Government of the Russian Federation No. 1236. In particular, it closes loopholes for unscrupulous state customers who used them to bypass the priority of Russian software, indicated in the ARPP "Domestic Software."

Other amendments include supplementing the criteria for Russian software that enshrine the absence of restrictions, including those established by foreign countries, that prevent the distribution or other use of the program on the territory of the Russian Federation or individual constituent entities of the Russian Federation, as well as guaranteeing the absence of forced software updates and management from abroad.

The Ministry of Telecom and Mass Communications classified the selection of software in the Register of domestic software

As it became known to CNews, at a face-to-face meeting of the Expert Council on Russian Software on April 13, 2017, the Ministry of Communications, which oversees its work, handed out to experts for signature the so-called non-disclosure agreement (NDA^[29].

According to a CNews source familiar with the situation, the document prohibits Council members from broadcasting almost any information about its activities to the outside world. First of all, the restrictions affect the content and expert assessments of applications for the inclusion of certain products in the Register of Domestic Software. The programs collected in the Register from January 1, 2016 have priority for use by government agencies - it is to them that officials should give preference to the implementation of relevant public procurement.

Also, the range of issues collectively discussed at Council meetings and the nature of the decisions made on them will no longer be public.

Some of the NDA experts have already signed, some took with them for a more detailed study. At the same time, according to CNews, the appearance of this document should not have come as a complete surprise to experts. One of the sources of CNews a few weeks ago said that the Ministry of Communications "painfully" refers to publications in the press on the work of the Council and began to prepare the text of the NDA.

Another interlocutor of CNews did not deny the spread of NDA among Council members, but assured that "no one forced anyone to sign anything and could not force anyone," because within the Council we are talking about voluntary public work.

"Krymskaya" amendment for the Register

The Ministry of Telecom and Mass Communications decided to significantly clarify the rules for the formation and maintenance of the Register of Russian software, which collected programs from January 1, 2016 have priority for use by government agencies - it is this software that officials should give preference to when implementing relevant public procurement. Now, in accordance with the clarifications in this Register, only those products whose distribution and use in the territory of Russia or its individual subjects is not limited to anything or anyone - including foreign countries - will be able to be located.

One of the members of the Expert Council at the Register assured CNews in March that he had no doubt that this concerned Crimea. Recall that on March 18, 2014, after a referendum on the peninsula, Crimea returned to Russia, which entailed the adoption of various kinds of international economic sanctions against our country^[30].

See more - IT blockade of Crimea

Product Description in Registry Expands

Also, in accordance with the draft resolution, the content of the entries in the Product Register will be significantly expanded - the list of software information will be supplemented with a number of items. As a member of the Expert Council explained to CNews, there are several fundamental points here. One of the main ones is the item that prescribes to indicate information about the possibility and conditions for receiving the source code (in the document - "text") of the software or about the absence of such a possibility.

A member of the Council also considers the item concerning information about the inclusion of software in the National Fund of Algorithms and Programs to be an interesting innovation.

Also, one of the points prescribes to indicate information about the compliance of the software with additional requirements for programs "established by the Government." In this case, we are talking about requirements that have not yet been established, but are already spelled out in another draft government decree, which is now also under development at the regulation.gov.ru.. These requirements are very extensive and mainly highly specialized. Of the remarkable nuances, we can single out the item according to which office software from the Registry should work on at least two different operating systems of the family. Linux

Returning to the points of the new decree, we note that earlier a link to the Internet page should have been attached to the product, from which this software could, in fact (according to the letter of the rules), be installed. Now we are talking about a link to a page on which the cost of the product simply must be spelled out, or information about its free use.

Deterioration of conditions for examination

An analysis of old and new rules shows that earlier, in order to include the software in the Register, the copyright holder had to attach a copy of the product to the corresponding application without technical means of copyright protection or with means of legally eliminating restrictions on the use of software.

The new formulations are vague and blurred, and the member of the Council believes that now it will be enough to attach only elements of the product to the application, which means that its examination for "fatherland" can be significantly difficult.

Turnover of members of the Council

The document prepared by the Ministry of Telecom and Mass Communications also implies a number of changes in the procedure for the work of the Expert Council under the Register. In particular, the composition of the Council should be updated annually by at least a third. At the same time, a member of the expert council, with the exception of representatives of the Ministry of Communications, cannot be a member of the Council for more than two years in a row. Previously, there were no restrictions on this, although the supervisory body was already regularly updated.

2016: Ministry of Telecom and Mass Communications approved the table of conformity of domestic analogues to popular foreign products

Ministry of Communications and Mass Media of the Russian Federation will make it easier for government customers to purchase domestic software products. To do this, the ministry, together Association of Software Developers with (), ARPP prepared a table of compliance of domestic analogues with popular foreign products, as well as guidelines for the application of Resolution Governments of the Russian Federation No. 1236 "On Establishing a Ban on Foreign Admission in software Procurement for State and Municipal Needs" of November 16, 2015. Such proposals were discussed today at the sixth in-person meeting of the Expert Council on Russian (), software chaired ON Ministry of Digital Development, Communications and Mass Media Russia by Minister Nikolai Nikiforov.

The information matrix of compliance of software originating from foreign countries with the software classes provided by the classifier will help state customers to efficiently and quickly analyze their capabilities when purchasing Russian software products in accordance with the new practice. We remind you, according to the Decree of the Government of the Russian Federation No. 1236, from January 1, 2016, Russia has the principle of priority for products included in the register of domestic software when purchasing for state and municipal needs, except for cases when it does not contain software with the necessary functional, technical and operational characteristics.

Representatives of the Ministry of Telecom and Mass Communications of Russia analyzed most of the market for foreign software products and indicated their domestic counterparts in the table. Thus, state customers will have a simple opportunity to find out what domestic software products are suitable for them during the next purchase. Further clarifications of the provisions of Government Decree No. 1236 will be given in the guidelines that were prepared by the Ministry of Communications of Russia together with the ARPP.

An analysis of procurement practice conducted by the Ministry of Telecom and Mass Communications of Russia together with the Federal Antimonopoly Service showed that state customers do not always unequivocally understand the situation of the current regulatory framework. For such customers, "Methodological instructions for the procurement of programs for electronic computers and databases, as well as for the procedure for the preparation by state authorities of a justification of the impossibility of complying with the ban on the admission of software originating from foreign countries for the purpose of making purchases to meet state and municipal needs" will be proposed. The document will be advisory in nature. The Ministry of Telecom and Mass Communications of Russia expects that with its help state customers will understand how to properly implement Government Decree No. 1236. Methodological recommendations will be implemented in the form of instructions describing how to properly work with the register of domestic software, choose the necessary products and where to apply for clarification. The document will be constantly revised and refined in accordance with procurement practices and customer feedback. The participants of the expert council agreed that these measures will significantly simplify the procedure for public procurement of software products.

2015

Approval of Registry Rules

The rules for the formation of the register were approved by Government Decree No. 1236 of November 16, 2015.

Before the signing of the Government Decree, the Ministry of Communications did not have the authority to deal with the register. With the signing of the document, the ministry becomes responsible for the register, explained TAdviser Evgenia Vasilenko, executive director of the Association of Russian Software Developers (ARPP "Domestic Software").

The register should start working on January 1, 2016.

"There is

little time until January 1, and there are many tasks. The Ministry of Telecom and Mass Communications needs to adopt a regulation, determine the rules for the work of the expert council, and appoint a register operator. It is necessary to develop and approve a software classifier. Create a registry information system, "says Vasilenko.

The association, she said, is ready to actively participate in these tasks.

"Already we do the qualifier and we will report to the Ministry of Digital Development, Communications and Mass Media. They are ready to connect to the creation of an information system, but here we need specifics that can be developed together with the regulator. Previously, we at the ARPP discussed that we are ready to implement the system free of charge and transfer it to the ministry if we work on it together, first of all, in terms of formalizing the requirements for the system, "adds the director of the ARPP

.

To enter a product into the register of Russian software, its copyright holder will have to submit an application to the Ministry of Telecom and Mass Communications through the website of the register operator. The site address as of November 20, 2015 has not been announced.

Access to the forms for filling out the application will be provided after identifying the copyright holder in a unified identification and authentication system (used on the public services portal). The application will need to be signed with an enhanced qualified electronic signature, the Ministry of Communications told TAdviser.

Within 10 working days, the ministry will have to check the application and the documents attached to it confirming the compliance of the software with the criteria set out in the law (see above).

Then, for 30 working days, the application will be considered by an expert council, which will give an opinion on the compliance or non-compliance of the software with the requirements of the register. The conclusion will be published on the website of the registry operator in the public domain.

No later than 10 workers after the approval of the expert opinion, the Ministry of Communications will have to decide on the inclusion of software in the register. In case of a positive decision, a special order of the ministry will be issued, after which information about the product will be entered into the register.

The Law on the Creation of the Registry

The creation of a register of Russian software is enshrined in a federal law signed by President Vladimir Putin in June 2015.

The Federal Law defines the criteria that the Software must meet in order to be included in this register. Among them:

• the exclusive right to software in the entire world and for the entire duration of the exclusive right must belong to: the Russian Federation, a subject of the Russian Federation or a municipality; a Russian NPO, the supreme governing body of which is formed directly or indirectly by the Russian Federation, constituent entities of the Russian Federation, municipalities or Russians and which is not recognized as a Russian organization controlled by a foreign person; a Russian commercial organization with a total share of direct or indirect participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, NGOs and direct or indirect participation of citizens of the Russian Federation of more than 50%; a citizen of the Russian Federation;

• The software is commercially available;

• the total amount of payments under licensing and other agreements providing for the granting of rights to the results of intellectual activity and means of individualization, the performance of work, the provision of services used for the development, adaptation and modification of software in favor of foreign persons, Russian organizations controlled by them, agents, representatives of foreign persons and Russian organizations controlled by them is less than 30% of the copyright holder's revenue from the sale of software for a calendar year;

• information about the software copyright holder is included in the register of accredited organizations operating in the field of information technology;

• information about the software does not constitute a state secret and the programs or databases themselves do not contain information constituting a state secret.

Decisions on the inclusion of specific software in the register of domestic software will be made by an expert council, which will form the Ministry of Telecom and Mass Communications.

The Ministry of Telecom and Mass Communications was appointed responsible for the register by a government decree signed by Prime Minister Dmitry Medvedev in November 2015. The resolution imposes restrictions on the purchase of imported software in government agencies and companies with state participation, if similar software is contained in the register.

Legal criteria of Russian software (sovereignty of jurisdiction):

• FZ-188 from 29.06.2015
• Russian legal entity with Russian control (more than 50%)
• Exclusive rights to a composite work of:
  • Licensed components with source code and right to modify and distribute
  • Open-source components
  • Own developments

• Deductions to foreign beneficiaries not more than 30% of revenue

Software technological independence (development sovereignty):

• Availability of full source codes in Russia
• Local Development and Build Infrastructure
• Local Specialists, R&D and Support

Information protection (security sovereignty):

• Monitoring of "bookmarks," data leaks, resistance to hacking, etc.
• Improvements and certification of products according to the requirements of FSTEC, FSB, etc.

Notes