Government agencies of the Russian Federation offer to buy only domestic software from July 1, 2015

The Ministry of Telecom and Mass Communications of the Russian Federation published a draft decree of the Government of the Russian Federation “On the establishment of restrictions on the admission of software and information products of computers originating from foreign countries for the purpose of procurement for meeting state and municipal needs and an additional requirement for participants in procurement of services related to software and information products of computer technology ".

The document contains the criteria of domestic software, the rules of formation and maintenance of the register, as well as preferences for it in public procurement.

Criteria for domestic software

a) The exclusive right to software throughout the world and for the entire duration of the exclusive right belongs to one or more of the following persons (right holders):

* Russian Federation;
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* the subject of the Russian Federation;

* municipality;

* a Russian non-profit organization, the highest governing body of which is formed directly and (or) indirectly by the Russian Federation, constituent entities of the Russian Federation, municipalities and / or citizens of the Russian Federation and which is not recognized as a Russian organization controlled by a foreign entity;

* a Russian commercial organization in which the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, non-profit organizations referred to in paragraph five of this subparagraph, and citizens of the Russian Federation is more than 50 percent and which is not recognized as controlled by a foreign entity by a Russian organization;

* Citizen of the Russian Federation.

b) The software is commercially available (copies of the software, rights to use the software are freely available).

c) The total amount of payments under license 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 developing, adapting and modifying software in favor of foreign entities controlled by Russian organizations, agents, Representatives of foreign entities and Russian organizations controlled by them account for less than thirty percent of the proceeds of the copyright holder (s) of the software echeniya from the Software (including the provision of usage rights) for the calendar year.

d) Information about the copyright holder of the software is included in the register of accredited organizations operating in the field of information technology in accordance with the Regulation on State Accreditation of organizations operating in the field of information technology, approved by the Government of the Russian Federation No. 758 of November 6, 2007 ( for software, the exclusive right to which belongs to the organizations specified in paragraphs five and (or) the sixth subparagraph "a" us oyaschego points).

e) Software details do not constitute state secrets, and the software does not contain information constituting state secrets.

For the purposes of these Rules, the organization’s participation share in another organization or a citizen of the Russian Federation in an organization is determined in accordance with the procedure provided for by article 1052 of the Tax Code of the Russian Federation. At the same time, when determining the share of a citizen of the Russian Federation in the organization, sole participation and participation together with spouses and minor children are taken into account.

For the purposes of these Rules, a Russian organization is controlled by a foreign entity as an organization whose decisions an alien has the ability to determine due to the prevailing direct or indirect participation in such an organization, participation in an agreement (agreement), the subject of which is the management of this organization, or other features of relations between foreign person and organization and (or) other persons.

The criteria for domestic software were developed by the Ministry of Communications and Mass Media of Russia together with the Ministry of Industry and Trade of Russia, the interim commission of the Council of the Federation of the Federal Assembly of the Russian Federation for the development of the information society, the Association of Software Developers “Domestic Software”, the Internet Initiatives Development Fund and other organizations.

Registry formation and maintenance rules

The decision on inclusion and exclusion from the registry will be made by the Ministry of Communications and Mass Media of Russia on the basis of the conclusions of an expert council consisting of representatives of government customers and the Russian IT industry.

A copy of the software “without technical means of copyright protection or with the means of lawful elimination of restrictions on the use of software” must be attached to the application for inclusion of the program in the registry.

Government Procurement Preferences

When making public procurement of software, customers will be obliged either to buy software only of Russian development, or to justify in the documentation on procurement the impossibility or inexpediency of such a restriction.

Requirements for the substantiation of the impossibility or inexpediency of this restriction are not provided for in the draft resolution, since it is advisable to determine them in the justification of procurement, subject to approval by the Government of the Russian Federation in accordance with Article 18 of the Federal Law of April 5, 2013 No. 44-FZ "On the contractual system in procurement of goods, works, services for the provision of state and municipal needs ", which comes into force on January 1, 2016

In addition, for the procurement of services related to the use of software, the draft decree provides for the establishment of an additional requirement for participants in such purchases on the preferential use of domestic software and (or) open source software.

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Public discussion of the project will last about a month. Then the project will be submitted to the government for approval.

“The draft resolution has been prepared in order to protect the domestic market of the Russian Federation, develop the national economy, and support Russian organizations operating in the field of information technologies,” said Rashid Ismailov, Deputy Minister of Communications and Mass Communications of the Russian Federation. The explanatory note to the draft states that it is planned to extend the proposed mechanism also to software originating from other member states of the Eurasian Economic Union, after agreeing with the authorized bodies of these countries on a uniform approach to the order and criteria for determining the country of origin of the software.