Medvedev again transplants officials on the domestic software
Today, Dmitry Medvedev signed the Government Decree # 1236 , prohibiting state and municipal authorities to purchase foreign software.
The full title of the decree: “On prohibiting the admission of foreign software for procurement for state and municipal needs”, was developed and submitted by the Ministry of Communications and Matters in June 2015.
“When purchasing software for state and municipal needs, customers will be obliged to limit purchases to Russian software. The exceptions are cases when the software with the necessary functional, technical and (or) operational characteristics is absent in Russia ”.
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Previously, Federal Law No. 188- of June 29, 2015 provided for the creation of a unified register of Russian programs for electronic computers and databases. Russian software will be recognized, information about which is entered in the registry.
1. The exclusive right to a program on the territory of the whole world and for the entire duration of the exclusive right belongs to one or several of the following persons:
1. 1. The Russian Federation, the subject of the Russian Federation, the municipality.
1. 2. The Russian non-profit organization, the highest governing body of which is formed by the Russian Federation, subjects, municipalities or citizens of the Russian Federation.
1. 3. A Russian commercial organization in which the total share of direct or indirect participation of the Russian Federation, its subjects, municipalities, Russian non-profit organizations, citizens of the Russian Federation is more than fifty percent.
1. 4. A citizen of the Russian Federation.
2. Software entered into civil circulation in the territory of the Russian Federation.
3. The total amount of payments under software development contracts in favor of foreign legal entities or individuals is less than thirty percent of the program owner’s proceeds.
1. The majority of Russian product developers who received foreign investments are forced to create a company in a foreign jurisdiction, and to issue intellectual property as a contribution to the established company. Creating a foreign company, reducing the share below 50% - a clear refusal to include in the registry.
2. The use of foreign companies or even freelancers in the development can be a reason for refusal when they are included in the official register of Russian software.
You can say that the software market segment for state and municipal organizations is very small, and its most noticeable part — operating systems and office applications — has long been seized by corporations. On the one hand, this is so, but on the other - our lawmakers regularly “run in” their initiatives in small niches, and then they can easily extend the already working mechanism to the whole country with one amendment to the law.
The full title of the decree: “On prohibiting the admission of foreign software for procurement for state and municipal needs”, was developed and submitted by the Ministry of Communications and Matters in June 2015.
Basic wording
“When purchasing software for state and municipal needs, customers will be obliged to limit purchases to Russian software. The exceptions are cases when the software with the necessary functional, technical and (or) operational characteristics is absent in Russia ”.
')
Previously, Federal Law No. 188- of June 29, 2015 provided for the creation of a unified register of Russian programs for electronic computers and databases. Russian software will be recognized, information about which is entered in the registry.
Basic software requirements for inclusion in the registry
1. The exclusive right to a program on the territory of the whole world and for the entire duration of the exclusive right belongs to one or several of the following persons:
1. 1. The Russian Federation, the subject of the Russian Federation, the municipality.
1. 2. The Russian non-profit organization, the highest governing body of which is formed by the Russian Federation, subjects, municipalities or citizens of the Russian Federation.
1. 3. A Russian commercial organization in which the total share of direct or indirect participation of the Russian Federation, its subjects, municipalities, Russian non-profit organizations, citizens of the Russian Federation is more than fifty percent.
1. 4. A citizen of the Russian Federation.
2. Software entered into civil circulation in the territory of the Russian Federation.
3. The total amount of payments under software development contracts in favor of foreign legal entities or individuals is less than thirty percent of the program owner’s proceeds.
Problems
1. The majority of Russian product developers who received foreign investments are forced to create a company in a foreign jurisdiction, and to issue intellectual property as a contribution to the established company. Creating a foreign company, reducing the share below 50% - a clear refusal to include in the registry.
2. The use of foreign companies or even freelancers in the development can be a reason for refusal when they are included in the official register of Russian software.
You can say that the software market segment for state and municipal organizations is very small, and its most noticeable part — operating systems and office applications — has long been seized by corporations. On the one hand, this is so, but on the other - our lawmakers regularly “run in” their initiatives in small niches, and then they can easily extend the already working mechanism to the whole country with one amendment to the law.
Source: https://habr.com/ru/post/296552/
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