Medvedev again transfers officials to domestic software
Today, Dmitry Medvedev signed Government Decision No. 1236 prohibiting state and municipal authorities from purchasing foreign software.
The full name of the resolution: “On the establishment of a ban on admission of foreign software for procurement for state and municipal needs”, it was developed and introduced by the Ministry of Communications in June 2015.
“When purchasing software for state and municipal needs, customers will be required to limit purchases to Russian software. The exception is cases when software with the necessary functional, technical and (or) operational characteristics is not available in Russia. ”
Earlier, Federal Law No. 188-FZ 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 constituent entity of the Russian Federation, and the municipality.
1. 2. 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 constituent entities, municipal entities, Russian non-profit organizations, and citizens of the Russian Federation is more than fifty percent.
1. 4. A citizen of the Russian Federation.
2. The software has been put into civil circulation on 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 revenue of the program copyright holder.
1. The majority of Russian product developers who have received foreign investment are forced to create a company in foreign jurisdictions, and to register intellectual property as a contribution to the created company. The creation of a foreign company, a decrease in the share below 50% is a clear refusal to be included in the register.
2. The use of foreign companies or even freelancers during development may be grounds for refusal when Russian software is included in the official register.
You can say that the market segment of software for state and municipal organizations is very small, and the most noticeable part of it - operating systems and office applications - has long been captured by corporations. On the one hand, this is true, but on the other, our lawmakers regularly “run in” their initiatives in small niches, and then they can easily spread the already working mechanism throughout the country with one amendment to the law.
The full name of the resolution: “On the establishment of a ban on admission of foreign software for procurement for state and municipal needs”, it was developed and introduced by the Ministry of Communications in June 2015.
Basic wording
“When purchasing software for state and municipal needs, customers will be required to limit purchases to Russian software. The exception is cases when software with the necessary functional, technical and (or) operational characteristics is not available in Russia. ”
Earlier, Federal Law No. 188-FZ 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 constituent entity of the Russian Federation, and the municipality.
1. 2. 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 constituent entities, municipal entities, Russian non-profit organizations, and citizens of the Russian Federation is more than fifty percent.
1. 4. A citizen of the Russian Federation.
2. The software has been put into civil circulation on 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 revenue of the program copyright holder.
Problems
1. The majority of Russian product developers who have received foreign investment are forced to create a company in foreign jurisdictions, and to register intellectual property as a contribution to the created company. The creation of a foreign company, a decrease in the share below 50% is a clear refusal to be included in the register.
2. The use of foreign companies or even freelancers during development may be grounds for refusal when Russian software is included in the official register.
You can say that the market segment of software for state and municipal organizations is very small, and the most noticeable part of it - operating systems and office applications - has long been captured by corporations. On the one hand, this is true, but on the other, our lawmakers regularly “run in” their initiatives in small niches, and then they can easily spread the already working mechanism throughout the country with one amendment to the law.