Why the law on import substitution software still not earned
State organizations continue to buy foreign software. The bylaws regulating import substitution were not published in the required time frame. Prime Minister Dmitry Medvedev signed a government decree “On imposing a ban on the admission of software originating from foreign countries for the purposes of procurement for state and municipal needs” as early as November 16, 2015.
The ministry was to approve the provision on the expert council, which decides on the inclusion of software in the register of domestic software, as well as the classifier of computer programs and databases, containing the characteristics of the software, within two months. In addition, the agency has not yet chosen the operator company responsible for maintaining the registry of domestic software.
According to sources of the newspaper Kommersant, the Ministry of Justice did not register the documents received from the Ministry of Communications, because it found violations in them, and now the Ministry of Communications is correcting the mistakes made. The Justice Ministry reported that orders to approve the classifier and determine the official registry site were received by the Ministry for registration only last night.
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On January 11, it was reported that the website “The Unified Register of Russian Programs for Electronic Computers and Databases” was opened on the website of the Ministry of Communications and Mass Media. Then the register was empty - neither the software brought in it, nor applications for introduction there was not. But the application form on the site was.
On January 13, it became known that the first applications did arrive. On the same day, the first meeting of the expert council for Russian software was held at the Ministry of Communications and Mass Media, at which these applications were considered. The ministry reported that more than a hundred applications had already been filed through the registry operator’s website since the beginning of the year.
A source familiar with the meeting told CNews that approximately half of the first completed applications concern 1C products (they called Accountancy, Theater, Museum and electronic tutorials). The developer plans to include about 600 products in the registry.
Another five applications fell on New Cloud Technologies. The Council will soon consider applications for “MyOffice” products, which are scheduled to begin selling through distributors from February 2016: “Standard”, “Professional”, “Mail”, “Private Cloud” and “Storage”.
So far, only three software products from 1C and Red Soft have been approved by the expert council.
However, the Kommersant interlocutors noted that prior to the approval of the necessary documents, this site cannot be considered as a legitimate registry.
The same applies to the expert council, the composition of which the ministry published on December 31. “The situation is incomprehensible. I think that until the regulation on the council is approved and the software registry is approved at the level of the secondary legislation, no decisions will be made by this council, at least their official registration will be postponed until these secondary legislation are approved. will be accepted, ”the newspaper quoted the words of Stanislav Grigoriev, adviser to the law firm Herbert Smith Freehills.
In October, "Megamind" wrote that the Federation Council expressed complaints to the government about the delay in the decision on the software registry.
The secretary of the Information Society Development Committee of the Federation Council, Alexander Shepilov, calls the registry of domestic software the main regulatory tool, without it the law will not be enforced. Shepilov informed then that the draft resolution had been in the government office for too long, despite the fact that the necessary meetings had been held with the relevant deputy prime minister and were approved by the interested ministries.
The essence of the law on import substitution was that from January 1, 2016, the government customer must argue his choice in favor of foreign software, if his Russian counterparts in a specially created registry of domestic software. The software should belong to the state, the municipality, a Russian non-profit organization or company with a share of Russian beneficiaries of more than 50% - this is the main criterion that makes it possible to consider software as domestic.
The ministry was to approve the provision on the expert council, which decides on the inclusion of software in the register of domestic software, as well as the classifier of computer programs and databases, containing the characteristics of the software, within two months. In addition, the agency has not yet chosen the operator company responsible for maintaining the registry of domestic software.
According to sources of the newspaper Kommersant, the Ministry of Justice did not register the documents received from the Ministry of Communications, because it found violations in them, and now the Ministry of Communications is correcting the mistakes made. The Justice Ministry reported that orders to approve the classifier and determine the official registry site were received by the Ministry for registration only last night.
')
On January 11, it was reported that the website “The Unified Register of Russian Programs for Electronic Computers and Databases” was opened on the website of the Ministry of Communications and Mass Media. Then the register was empty - neither the software brought in it, nor applications for introduction there was not. But the application form on the site was.
On January 13, it became known that the first applications did arrive. On the same day, the first meeting of the expert council for Russian software was held at the Ministry of Communications and Mass Media, at which these applications were considered. The ministry reported that more than a hundred applications had already been filed through the registry operator’s website since the beginning of the year.
A source familiar with the meeting told CNews that approximately half of the first completed applications concern 1C products (they called Accountancy, Theater, Museum and electronic tutorials). The developer plans to include about 600 products in the registry.
Another five applications fell on New Cloud Technologies. The Council will soon consider applications for “MyOffice” products, which are scheduled to begin selling through distributors from February 2016: “Standard”, “Professional”, “Mail”, “Private Cloud” and “Storage”.
So far, only three software products from 1C and Red Soft have been approved by the expert council.
However, the Kommersant interlocutors noted that prior to the approval of the necessary documents, this site cannot be considered as a legitimate registry.
The same applies to the expert council, the composition of which the ministry published on December 31. “The situation is incomprehensible. I think that until the regulation on the council is approved and the software registry is approved at the level of the secondary legislation, no decisions will be made by this council, at least their official registration will be postponed until these secondary legislation are approved. will be accepted, ”the newspaper quoted the words of Stanislav Grigoriev, adviser to the law firm Herbert Smith Freehills.
In October, "Megamind" wrote that the Federation Council expressed complaints to the government about the delay in the decision on the software registry.
The secretary of the Information Society Development Committee of the Federation Council, Alexander Shepilov, calls the registry of domestic software the main regulatory tool, without it the law will not be enforced. Shepilov informed then that the draft resolution had been in the government office for too long, despite the fact that the necessary meetings had been held with the relevant deputy prime minister and were approved by the interested ministries.
The essence of the law on import substitution was that from January 1, 2016, the government customer must argue his choice in favor of foreign software, if his Russian counterparts in a specially created registry of domestic software. The software should belong to the state, the municipality, a Russian non-profit organization or company with a share of Russian beneficiaries of more than 50% - this is the main criterion that makes it possible to consider software as domestic.
Source: https://habr.com/ru/post/298762/
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