Lawyers' comments on the draft law on “import substitution of software” - “Megamind” survey
The topic of import substitution remains relevant at all levels: as before, the President of the Russian Federation did not sign the Law on Import Substitution of Software, which passed the third reading in the State Duma, which was criticized by the Ministry of Economic Development, FAS and the Ministry of Economics, which does not stop domestic lawmakers from inventing new initiatives in this area .
In order to understand a little about what is happening, we asked a practicing lawyer and the head of the business services department a few questions: representatives of IT-Lex and ICL Services respectively.
We asked the representatives of these two the following questions:
This is how professional moments commented on the moments of interest to us:
On the topic of import substitution software, there is doubt as to the bill passed by the State Duma.
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First, the program registry is compiled only for software that is available. Those. customized development performed by a foreign organization or a Russian organization with foreign participation falls outside the scope of this draft law, if it is not related to the modification of the supplied software.
Secondly, the draft does not take into account the modification of previously purchased and implemented software.
Third, the legislator did not take into account that financial flows to foreign vendors can be switched to their Russian service companies. The bill establishes a limit on the amount of payments in favor of foreign or Russian-controlled persons for the development, adaptation and modification of software of foreign origin only in connection with the development or development of Russian software.
Thus, work and / or services are not taken into account in connection with their subsequent use.
- Do you think it will be possible to replace with domestic developments all critical for the state? customer software products?
In the future this is possible. It should be understood that the development of high-quality and stable software is a very expensive and risky event. Not everywhere and not always worth it to switch to domestic software. A good alternative is open source software and software from Russian friendly states.
- Does the law open up any prospects for domestic software developers?
Yes, especially for those who have high-quality, globally competitive products.
- Will one bill succeed in rectifying the situation with the absence of software necessary for companies in the market - can this stimulate business, in your opinion?
As I already wrote, software development is very expensive and risky. The business will need real financial support from the state in order to create new software at an accelerated pace or, for example, adapt open software.
In order to understand a little about what is happening, we asked a practicing lawyer and the head of the business services department a few questions: representatives of IT-Lex and ICL Services respectively.
We asked the representatives of these two the following questions:
- Do you think it will be possible to replace with domestic developments all that are critical for the state? customer software products?
- Does this law open up any prospects for domestic software developers?
- What could be the positive and negative consequences of the introduction of this law, in your opinion?
- Will a single bill succeed in rectifying the situation with the absence of software in the market that companies need - can this stimulate business, in your opinion?
This is how professional moments commented on the moments of interest to us:
Vitaly Selivanov , IT-Lex
On the topic of import substitution software, there is doubt as to the bill passed by the State Duma.
')
First, the program registry is compiled only for software that is available. Those. customized development performed by a foreign organization or a Russian organization with foreign participation falls outside the scope of this draft law, if it is not related to the modification of the supplied software.
Secondly, the draft does not take into account the modification of previously purchased and implemented software.
Third, the legislator did not take into account that financial flows to foreign vendors can be switched to their Russian service companies. The bill establishes a limit on the amount of payments in favor of foreign or Russian-controlled persons for the development, adaptation and modification of software of foreign origin only in connection with the development or development of Russian software.
Thus, work and / or services are not taken into account in connection with their subsequent use.
Dmitry Kashtanov , Head of Business Services and Application Services at ICL Services
- Do you think it will be possible to replace with domestic developments all critical for the state? customer software products?
In the future this is possible. It should be understood that the development of high-quality and stable software is a very expensive and risky event. Not everywhere and not always worth it to switch to domestic software. A good alternative is open source software and software from Russian friendly states.
- Does the law open up any prospects for domestic software developers?
Yes, especially for those who have high-quality, globally competitive products.
- Will one bill succeed in rectifying the situation with the absence of software necessary for companies in the market - can this stimulate business, in your opinion?
As I already wrote, software development is very expensive and risky. The business will need real financial support from the state in order to create new software at an accelerated pace or, for example, adapt open software.
Source: https://habr.com/ru/post/292738/
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