In mid-August, the Ministry of Communications, represented by the director of the development department high technology Salavat Migranova announced that this autumn the Russian software registry will start working according to the new rules. According to the official, a transition is needed from the extensive growth of the register to a qualitative one. In addition, some gaps in the legal regulation of import substitution in the field of IT will be eliminated. The new rules will also add an additional requirement that you not be forced to update and manage specific software from abroad. You can get acquainted with the text of the bill. It is obvious that the changes announced by the Ministry of Telecom and Mass Communications in the operation of the registry will affect both Russian software developers and government customers. In anticipation of the specifics, let's try to speculate where all this will lead.
A bit of theory
To include a software product in the register of Russian software, a developer needs to submit an application to the Ministry of Telecom and Mass Communications in electronic form, wait for its publication, after which the application will be considered by an expert council, which includes representatives of IT companies. Based on the decision of the Council, the Ministry will issue an order to be included in the register or to refuse. The whole procedure takes about 70 days.
The application must be accompanied by documents confirming the exclusive right of the developer to the software. You must also provide a copy of the product without technical means copyright protection or with means to legally remove restrictions on the use of the software. By the way, the new registry rules contain more vague wording. Referring to a member of the expert council, the publication writes that now developers can attach to the application not the entire product, but only its elements, which will significantly complicate the examination.
Passion around the registry
In 2016, the president of NP "Russoft" Valentin Makarov became public to the director of the department for the development of high technologies of the Ministry of Telecom and Mass Communications Dmitry Chernov, which concerned the non-transparency of the procedure for making decisions on the inclusion of software products in the register. According to Makarov, members of the expert council cannot always "avoid discrepancies, mistakes, conflicts of interest when making decisions." However, the possibility he proposed to create an appeals procedure, including with the involvement of independent experts, has so far remained unrealized.
The non-transparency of the procedure for inclusion in the register was also pointed out by other market participants. The ISET Development company challenged the decision of the Ministry of Telecom and Mass Communications on refusal to include in the register antivirus solution Eset. In October 2016, the court ruled in favor of the department, citing the fact that ISET Development does not have a certificate for developing software that implements protection functions confidential information. Market participants considered this a formal reason and suggested that the real reason was that ISET Development, as a subsidiary of a Slovak manufacturer, could not prove that its product was Russian. In confirmation of this, the head of the Ministry of Communications Nikiforov welcomed the decision of the court, noting that quite often foreign companies try to submit their developments through subsidiaries in Russia in order to include them in the register.
A good example: in August, the Russian software registry included a product of the American company Hewlett Packard Enterprise. The "Russian" version of the ArcSight program is called "Ankey SIEM". At the same time, it is indicated that the exclusive rights to the software and all its components belong to the developer Gazinformservice LLC. HPE is open that in this way they localize their products for sale to government agencies.
Against this background, messages that are not included in the register look interesting. operating system"AXIS", developed by the "daughter" of "Rostec", the company NCI. Reason for refusal: NCI did not provide the expert council with documents confirming the exclusive rights to the system, as well as the FSTEC license. The story is quite loud, so I will only say the main thing. In the NCI itself, that "AXIS" is based on free software and software modules of its own design. However, according to a member of the expert council Natalya Kaspersky, in the application, on the contrary, it was indicated that this is proprietary software. Time will tell how the situation will develop, but for now the NCI has submitted an application.
There are other intriguing cases: for example, in June 2016, without any comments from the Ministry of Telecom and Mass Communications, from the register, products previously included in it based on IBM and EMC solutions, including the development of KROK, Business Logic (the “daughter” IT Co.), K-MIS, Metamodel Group, etc. The very fact that the products were excluded from the register, and were not rejected after consideration of the application, testified to the immaturity of the expert council's work procedures at that time.
Billions over budget
Tens of billions of rubles annually unreasonably go to foreign software manufacturers, Ministry of Telecom and Mass Communications. In this regard, the department, together with the FAS, intends to severely punish government agencies and companies with state participation that use foreign software in the presence of Russian analogues. In May, Nikolai Nikiforov proposed to tax such state institutions altogether, the fee could be 5% of the cost of foreign software that could be replaced with domestic software.
Needless to say, the transition from the software of world manufacturers to the development of their compatriots is no small matter. The need to spend time and resources on migration projects to new software, as well as the risks of such projects, scare customers away and push them to find workarounds. Widespread acquisition practice computer science with pre-installed software, as well as "veiled" purchase of foreign software products under the guise of services, such as SaaS, rental of equipment with pre-installed software or technical support, including software updates.
After the changes to the operation of the registry come into effect, such schemes will no longer work. Customers will be required to purchase software separately from computers, and thus restrictions cannot be circumvented. This will result in additional costs for migration to domestic software, but in some cases, part of the costs is offset by the lower cost of Russian developments.
Not by number, but by skill
To date, the register contains information on more than 4,000 software products that are officially recognized as Russian. Taking into account that the register is conceived as a tool for implementing import substitution, and not just as a list of all available IT products of Russian origin, it is extremely important to provide an objective assessment of software compliance with the requirements of government customers. But this is very difficult to do, and here's why. Operating on this moment the application procedure does not imply any examination for the compliance of software products with certain requirements of customers. In other words, the task of the expert council is to confirm or deny the Russian origin of the software, and its functionality, reliability, and security remain on the conscience of the developer. You will not envy state customers: even despite the support of the Ministry of Communications (methodological materials, a table of correspondence of Russian software to foreign analogues, etc.), the task of choosing software products is, to put it mildly, difficult. To put it quite figuratively, this is the choice of one of the hundreds of “pig in a poke”.
The prospect of qualitative growth of the registry outlined by the ministry inspires hope that in the future, more detailed requirements will be made for software products that apply for inclusion in it, corresponding to the interests of customers. At the same time, developers will have to focus not so much on organizational issues as on the functionality of their software, which will take both time and considerable costs. But in the end, the competitiveness and customer focus of products will increase, and everyone will benefit from this.
Decree of the Government of the Russian Federation of March 23, 2017 No. 325 “On approval of additional requirements for programs for electronic computers and databases, information about which is included in the register of the Russian software, and amending the Rules for the formation and maintenance of a unified register Russian programs for electronic computers and databases”
In accordance with paragraph 6 of Article 12.1 of the Federal Law "On Information, information technology and on the protection of information" Government Russian Federation decides:
1. Approve the attached:
additional requirements for programs for electronic computers and databases, information about which is included in the register of Russian software;
changes that are being made to the Rules for the formation and maintenance of a unified register of Russian programs for electronic computers and databases, approved by Decree of the Government of the Russian Federation dated November 16, 2015 No. 1236 "On establishing a ban on the admission of software originating from foreign countries for the purposes of procurement for state and municipal needs" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2015, No. 47, item 6600).
2. Federal executive authorities and state non-budgetary funds, when procuring programs for electronic computers and databases for state needs, information about which is included in the register of Russian software, ensure compliance with additional requirements approved by this resolution.
3. To the Ministry of Telecom and Mass Communications of the Russian Federation:
approve the procedure and methodology for confirming the compliance of programs for electronic computers and databases, information about which is included in the register of Russian software, with additional requirements approved by this resolution;
bring regulatory legal acts in line with this resolution;
within 6 months from the date of the official publication of this resolution, ensure that the software included in the register of Russian software complies with the additional requirements approved by this resolution.
4. Changes approved by this resolution come into force after 6 months from the date of official publication of this resolution.
APPROVED
Government Decree
Russian Federation
dated March 23, 2017 No. 325
Additional requirements
to programs for electronic computers and databases, information about which is included in the register of Russian software
I. General provisions
1. This document defines the requirements for programs for electronic computers and databases, information about which is included in the register of Russian software, in terms of the composition and functional characteristics of software designed, among other things, to automate the functions of employees of federal executive bodies and state non-budgetary funds of the Russian Federation when performing official duties(hereinafter respectively - users, software).
2. Information support for users (hereinafter referred to as user support) must be provided in accordance with this document throughout the Russian Federation without restrictions.
II. Requirements for the composition, functional characteristics and operating environment of office software
3. Office software includes the operating system, communication software, office suite, mail applications, organizer, viewers, internet browser, presentation editor, spreadsheet editor, text editor, software file manager, legal reference system, system software electronic document management and funds antivirus protection.
The office software consists of stand-alone and/or web-based software and client software. Office software may be a set of interrelated software products that correspond to the classifier of programs for electronic computers and databases in accordance with the legislation of the Russian Federation.
4. Office software must ensure the work of users on personal electronic computers, devices terminal access and subscriber devices of radio mobile communication without connection to local area networks, and (or) using the information and telecommunications network "Internet", and (or) using the infrastructure that provides information and technological interaction of information systems used to provide public services and execution of state functions in electronic form, creation, access, processing, storage and deletion electronic documents("cloud" technology), and (or) using local area networks for user access to software installed on server hardware.
5. If the office software has the function of identifying and authenticating users, it must be possible to identify and authenticate users using, among other things, the federal state information system " one system identification and authentication in the infrastructure that provides information and technological interaction of information systems used to provide state and municipal services in electronic form" in the manner prescribed by the legislation of the Russian Federation.
6. The office software interface must be implemented in Russian. The office software interface may be implemented using additionally other languages.
7. Office software should not require the installation of other software (additional software modules, fonts) that has any restrictions on its free distribution on the territory of the Russian Federation, with the exception of operating systems.
8. Updates to the office software should only be performed after confirmation by the user of the office software or authorized personnel.
9. If a user accesses office software using an Internet browser, the office software must provide the ability to use Internet browsers of at least 3 different copyright holders of exclusive rights to a program for electronic computers or a database (right holders, groups of right holders), information about one of which is included in the unified register of Russian software.
10. Office software must comply with the requirements of the legislation of the Russian Federation on the protection of information and on the protection of personal data in cases established by the legislation of the Russian Federation.
Data transmission via communication channels, including text messages and (or) electronic documents, voice, sound, visual and other information, using office software, must be carried out taking into account the requirements of the legislation of the Russian Federation on information protection and communication.
11. The functional characteristics of office software and the environment for its operation must comply with the following requirements:
a) requirements for the operating environment of office software:
office software, with the exception of operating systems, must run on the following operating systems:
for a user's automated workplace (personal electronic computer or terminal access device) - running at least 2 different operating systems, information about which is included in the unified register of Russian software, and operating systems Microsoft Windows(version 7 and higher), certified in accordance with the requirements of the legislation of the Russian Federation on information protection;
for server hardware - running at least 2 operating systems, information about which is included in the unified register of Russian software, and Microsoft operating systems Windows Server(versions 2008 and higher), while virtualization tools can be used to ensure the functioning of office software under operating systems for server equipment;
for subscriber devices of radio mobile communication - under the control of operating Android systems, iOS;
operating systems for the user's workstation must include an operating mode that allows you to implement the functionality of office software that functions and runs in other operating systems specified in paragraph three of this subparagraph;
b) requirements for communication software:
communication software, which is software for creating and processing information, as well as user interaction through the transfer of information using telecommunication channels, including secure communication channels, and (or) local area networks, using an automated workplace and (or ) subscriber devices of radio mobile communication of the user, should provide:
creating, viewing, editing, copying, printing information processed using communication software, and transferring information using telecommunication channels and local computer networks, including with the attachment of electronic documents, electronic messages, including text messages, images, audio files and video files;
delivery to the user of notifications about electronic messages sent by other users of the communication software to the user's terminal access equipment on which the communication software is installed or which is used to access the communication software installed on the server equipment;
the ability of the user to disable the function of delivering notifications of received electronic messages;
the possibility of saving and deleting text messages and electronic documents on personal electronic computers and on subscriber devices of radio mobile communication;
the ability to search stored text messages and electronic documents if the user does not have access to the server software using the local computer network or lack of access to the information and telecommunications network "Internet";
the possibility of storing electronic messages and electronic documents on personal electronic computers, server equipment and subscriber devices of radio mobile communication, as well as transferring electronic messages and electronic documents to a centralized storage;
transfer of text messages and electronic documents created by users using communication software to federal information systems;
the ability to print information processed using communication software;
data transfer using communication software can be carried out through open communication channels, as well as secure communication channels using encryption (cryptographic) information protection tools certified in accordance with the requirements of the legislation of the Russian Federation;
c) requirements for the office suite:
an office suite, which is a separate software or a set of interconnected office software with a unified interface for creating, viewing, editing, saving, deleting electronic documents, exchanging electronic documents and implementing other ways of processing them, as well as providing the ability to print information if necessary , processed using the corresponding software, must provide the functionality of at least 4 of the following types of software:
text editor;
spreadsheet editor;
presentation editor;
mail applications;
communication software;
file manager software;
organizer;
viewers;
the office suite in terms of a text editor, a spreadsheet editor and a presentation editor should ensure joint work on an electronic document by a group of users, including the ability to record changes in an electronic document in real time;
the office suite must meet the requirements for the functional characteristics of the corresponding software;
d) mail application requirements:
mail application, which is software (hereinafter referred to as software Email) to view, create, edit, delete, save, print, and send e-mail messages, must provide:
creating, editing, deleting and sending electronic text messages and attaching electronic documents to them, automatically saving electronic documents and e-mail messages;
creation, deletion, renaming of directories of e-mail messages in the e-mail system (hereinafter referred to as directories of e-mail postal system);
the ability to save, delete, copy and move e-mail messages in the directories of the e-mail system;
the ability to search for e-mail messages in the user's electronic mailbox using, among other things, various e-mail message search criteria;
creating, editing, deleting and sending electronic text messages in multiple electronic mailboxes (e-mail addresses) using a single user interface;
display using a single email software user interface of email messages from multiple email mailboxes user (email addresses);
Consolidated display of email messages by topic using a single user interface;
automatically creating and changing the settings of the user's connected e-mail boxes on all user devices on which the e-mail software is installed and used;
creating, deleting, changing the order of processing e-mail messages in accordance with the criteria set by the user, including automatic movement of e-mail messages to directories of the e-mail system, delayed sending of e-mail messages for a time set by the user, automatic reply to received e-mail messages;
creating, deleting, editing information about the user and automatically adding such information to the created electronic message;
the ability for the user to select an email address of a different recipient(s) of the email message using the organization's user directory and the user's personal directory;
the ability to print information processed using e-mail software;
the possibility of using certified funds electronic signature using qualified certificates to ensure the integrity of transmitted e-mail messages;
information technology interaction between the email server software and the email client software should be carried out, among other things, using the following protocols:
SMTP or ESMTP - for sending e-mail messages;
IMAP or POP3 - to receive e-mail messages;
HTTPS - for interaction with the web client of the e-mail system;
CalDav - for creating and receiving information about events entered in the calendar;
CardDav - to create and receive a list of personal contacts and a list of users of the organization;
e-mail software must implement:
facilities automatic detection unsolicited e-mail messages and their automatic movement to the appropriate directory of the e-mail system;
means of integration with external anti-virus software, information about which is included in the unified register of Russian software;
in order to ensure the confidentiality of e-mail messages and electronic documents processed using e-mail software, this software must be able to integrate with tools certified in accordance with the legislation of the Russian Federation cryptographic protection information;
e) requirements for the organizer - the organizer, which is software for creating, editing, storing, deleting and transferring information about contacts, tasks and events of the user, must provide:
creation of information about contacts, tasks and events of the user;
view schedule details in the user's calendar;
deleting an event from the user's calendar;
editing an event in the user's calendar;
possibility of support joint work users;
the possibility of differentiating user access rights to information;
the ability to provide information about user events to other users;
exchange of information between server software and client software installed on the user's workstations and on the user's radio mobile communication devices, which should be carried out, including using the CalDav information exchange protocols;
f) requirements for viewers - viewers, which are software for viewing electronic documents without the possibility of changing them, must provide the ability to view electronic documents saved, including in formats corresponding to various extensions of electronic documents, including bmp, jpg, jpeg, png, gif, tif, tiff, OOXML, docx, doc, pptx, rtf, txt, pdf, xls, xlsx, odt, ods, odp, avi, mpeg, mp3;
g) Internet browser requirements - Internet browser tools must support html5, CSS3, javascript, and other technologies;
h) requirements for the presentation editor - a presentation editor, which is software for viewing, creating, editing, deleting and printing information processed using a presentation editor, and saving presentation materials in the form of electronic documents, consisting of a set of slides containing user defined information in a structured form, including textual, graphic, tabular and audiovisual information (hereinafter referred to as slides), should provide:
creation of new electronic presentation documents, including those in Open Document Format (GOST R ISO/IEC 26300-2010) and Office Open XML (OOXML, PPTX);
opening existing electronic presentation documents, including those in the Open Document Format (GOST R ISO/IEC 26300-2010) and Office Open XML (OOXML, PPTX);
the use of different fonts for the design of textual information placed on slides;
design of textual information placed on slides using different colors and backgrounds;
design of textual information placed on slides using bold, italic and underlined fonts installed by the user, as well as arbitrary font size;
ensuring the alignment of textual information in the center of the information placement area, along the left or right border of the information placement area, as well as along the width of the information placement area;
insertion into a slide and removal from a slide of graphic and other elements, including graphic images, audio and video information;
setting up a slide show;
printing slides using document printing devices;
demonstration of slides, as well as display of information placed on slides, using terminal interface equipment;
saving electronic presentation documents in formats supported by the software, including Open Document Format (GOST R ISO / IEC 26300-2010), Office Open XML (OOXML, PPTX) and Portable Document Format (PDF);
i) requirements for a spreadsheet editor - a spreadsheet editor (spreadsheet editor), which is software for viewing, creating, editing, deleting and saving an electronic document (including a spreadsheet document), must provide:
creation of new electronic spreadsheet documents, including in Open Document Format (GOST R ISO/IEC 26300-2010) Office Open XML (OOXML, XLSX);
opening existing electronic spreadsheet documents, including those in Open Document Format (GOST R ISO/IEC 26300-2010) and Office Open XML (OOXML, XLSX);
entering data into a table;
deleting data from a table;
editing and copying data, including adding, changing, deleting and copying the contents of cells and ranges of cells in tables;
design of tabular data, including combining and separating table cells, choosing a font, color of information entered, cell background, designing the borders of the table as a whole and its parts;
formatting data in table cells, including data in numeric, text, monetary, financial, and percentage formats;
support for the ability to display graphs and charts;
the ability to create and delete sheets of an electronic spreadsheet document;
the possibility of applying formulas (including mathematical ones) in Russian and English to table data, as well as automatic display of the results of calculation of user-selected formulas for a selected cell or range of cells in the status bar;
the ability to cancel any operation performed during the editing process, and return canceled operations;
joint editing of the table without limiting the functionality of the software;
use of table templates;
printing out the information contained in the tables using document printing devices;
saving tables in formats supported by the software, including Open Document Format (GOST R ISO / IEC 26300-2010), Office Open XML (OOXML, XLSX) and Portable Document Format (PDF);
j) requirements for a text editor - a text editor, which is software for viewing, creating, editing and saving an electronic document, must provide:
creation of electronic text documents, including those in Open Document Format (GOST R ISO/IEC 26300-2010) and Office Open XML (OOXML, DOCX);
opening existing electronic text documents, including those in Open Document Format (GOST R ISO/IEC 26300-2010) and Office Open XML (OOXML, DOCX);
entering data into an electronic text document, as well as editing them;
preparation of electronic text documents on forms A0, A1, A2, A3, A4, A5, A6;
longitudinal arrangement of details on the form of an electronic text document;
setting an arbitrary size of a paragraph indent from the left edge of an electronic text document;
providing the possibility of numbering the various elements of the lists;
the ability to use user-installed bold, italic, underline fonts, as well as font sizes of 10, 12, 13, 14, or custom sizes;
the ability to highlight text in a letter in capital letters and in a row;
the ability to align text information in an electronic text document in the center, along the left and right borders of the text field, as well as along the width of the text field;
the ability to set the value of the line spacing;
the ability to set separate numbering for the first and subsequent pages of an electronic text document, including page numbering in the center of the header or footer;
the ability to set the indent from the border of the upper field of the electronic text document;
the ability to set the width of the top, bottom, right and left margins of an electronic text document;
the ability to cancel any operation made during the editing process and return canceled operations;
the ability to record corrections in an electronic text document;
joint editing of an electronic text document by several users (up to 10 or more users);
the ability to automatically check spelling, syntax and punctuation in accordance with the rules of the Russian language, including the possibility of using external electronic spelling dictionaries of the Russian language;
saving an electronic text document in formats supported by the software, including Open Document Format (GOST R ISO / IEC 26300-2010), Office Open XML (OOXML, DOCX) and Portable Document Format (PDF);
ensuring the possibility of preparing electronic text documents based on standard document templates in accordance with GOST R 6.30-2003 and the requirements of the legislation of the Russian Federation in the field of organizing office work and document flow in the activities of state bodies;
k) requirements for file manager software - a file manager, which is software for creating, copying, renaming and deleting electronic document catalogs, must provide the ability to delete, copy and move electronic documents;
l) requirements for legal reference systems - a legal reference system must:
provide a permanent information retrieval service for the provision of legal acts and reference and information documents;
provide for a network version of the reference and legal system with a regularly updated database of federal and regional legislation, installed in the user's local area network and allowing to work with the reference and legal system, including in the absence of access to the information and telecommunication network "Internet";
m) requirements for the software of the electronic document management system - the software of the electronic document management system must comply with the requirements imposed by the legislation of the Russian Federation on information systems for electronic document management;
n) requirements for anti-virus protection - anti-virus protection must ensure the protection of data processed using information and communication technologies in accordance with the requirements for information system, which uses anti-virus protection tools, with the ability to quickly monitor and analyze event logs from a single administrator console.
12. Office software, if it is necessary to import (export) data, must provide the ability to process data in one of the following formats:
Open Document Format (GOST R ISO/IEC 26300-2010);
Office Open XML (OOXML, DOCX, XLSX, PPTX, draft ISO/IEC IS 29500:2008);
PDF/A-1 conforming to ISO 19005-1:2005 "Document management - Electronic document file format for long-term preservation - Part I: Use of PDF 1.4 (PDF/A-1) in accordance with the legislation of the Russian Federation;
common files for the exchange of audio and video information, electronic text documents(e.g. bmp, jpg, jpeg, png, gif, tif, tiff, rtf, txt, zip, avi, mpeg, mp3).
13. Programming interfaces (APIs) should be implemented and documented in office software for integration with other systems.
14. Office software should provide compatibility with document formats based on the Open Document Format (GOST R ISO / IEC 26300-2010), as well as the Portable Document Format (PDF).
15. Operational documentation supplied with office software must contain materials in electronic form in Russian, including:
user guide;
installation guide;
administration guide;
system requirements;
information about new version software.
III. Software maintenance requirements
16. User accompaniment is provided through the use of telephone communication and e-mail facilities in Russian around the clock.
17. Contact and other information necessary for the interaction of users and the copyright holder of the software within the framework of user support must be published on the official website of the software manufacturer in the information and telecommunications network "Internet".
APPROVED
Government Decree
Russian Federation
dated March 23, 2017 No. 325
changes,
which are included in the Rules for the formation and maintenance of a unified register of Russian programs for electronic computers and databases
1. Paragraph 4 shall be supplemented with subparagraph "n" of the following content:
"m) information on the compliance or non-compliance of the software with additional requirements for programs for electronic computers and databases, information about which is included in the register of Russian software, approved by Decree of the Government of the Russian Federation dated March 23, 2017 No. 325 "On approval of additional requirements to programs for electronic computers and databases, information about which is included in the register of Russian software, and amendments to the Rules for the formation and maintenance of a unified register of Russian programs for electronic computers and databases "(hereinafter referred to as additional requirements).".
2. Paragraph 19 shall be supplemented with the following paragraph:
"The authorized body, within 30 days from the date of inclusion of information in the register, ensures the verification and confirmation of compliance of the software with additional requirements in accordance with the procedure and methodology for confirming compliance with programs for electronic computers and databases approved by the authorized body, information about which is included in the register of Russian software security, additional requirements.".
Document overview
Additional requirements have been established for domestic office software included in the Register of Russian Software. They will be used in public procurement.
The software includes the operating system, communication software, office suite, email applications, organizer, viewers, Internet browser, presentation editor, spreadsheet editor, text editor, file manager software, legal reference system (SLS), electronic document management system software and tools. antivirus protection.
The requirements determine the composition, architecture, functions of the software required to replace imported analogues.
In particular, the software interface must be implemented in Russian. The software must not require the installation of other software (additional software modules, fonts) that has any restrictions on its free distribution in Russia, with the exception of operating systems. Software updates should only be performed after confirmation by the user or authorized personnel.
At the same time, there are special requirements for each type of software.
Thus, the SPS should provide a permanent information retrieval service for the provision of legal acts and reference and information documents, as well as provide a network version with a regularly updated data bank of federal and regional legislation, installed in the user's local area network and allowing work with the SPS in t .h in the absence of access to the Internet.
The registry entry has been supplemented with information on compliance or non-compliance of the software with additional requirements.
5) Russian commercial organization without predominant foreign participation. A commercial organization is such if more than 50 percent in it is the total share of direct and (or) indirect participation:
- Russian Federation,
- municipalities,
- citizens of the Russian Federation.
6) citizen of the Russian Federation.
Requirement 2. The software has been lawfully introduced into civil circulation on the territory of the Russian Federation. Copies of the Software or the rights to use it are freely implemented throughout the Russian Federation.
Requirement 3. This requirement applies to the total amount of payments for the calendar year under license and other agreements (regardless of the type of agreement).
These are contracts that:
1) provide for the granting of rights to the results of intellectual activity and means of individualization, the performance of work, the provision of services;
2) are associated with the development, adaptation and modification of software and are concluded for the development, adaptation and modification of software;
3) involve payments:
- foreign legal entities and (or) individuals, Russian commercial and (or) non-commercial organizations controlled by them,
- agents, representatives of foreign persons and Russian commercial and (or) non-commercial organizations controlled by them.
The total amount of payments to such persons for a calendar year must be less than 30 percent of the proceeds of the copyright holder (right holders) of the software from its sale (including the granting of rights to use).
Requirement 4. Information about the software does not constitute a state secret, and it does not contain information that constitutes it.
Requirement 5. The software meets the information security requirements. That is, there must be a certificate of the information security certification system for information security requirements. The procedure for its issuance is established by the Government of the Russian Federation.
This requirement applies only to software that implements confidential information protection functions.
Requirement 6. There is a license to carry out activities for the development and production of means of protecting confidential information if:
- as a part of software functions of protection of confidential information are implemented.
Who can enter information in the Register
The right holder of the software or a person who is authorized by all right holders (clause 9 of the Rules) can apply to the authorized body (Ministry of Telecom and Mass Communications of Russia) with an application for inclusion of information in the Register.
If the exclusive right to the software belongs to the Russian Federation, a constituent entity of the Russian Federation, a municipality, then the application shall be submitted accordingly:
- federal executive body,
- executive authority of the constituent entity of the Russian Federation,
- local government or
- an organization that manages (disposes) such a right.
For an organization or individual were able to enter information about the software in the Register, it must have:
Account in ESIA
It is needed in order to submit documents through the official website of the Registry. This is possible only after authorization in personal account through ESIA.
If the right holder is an individual, then his verified account in the ESIA is sufficient. With a legal entity it is more difficult - you need to register it account. This requires that:
- the legal entity had a qualified electronic signature certificate issued to the head of the organization, and
- the manager had a verified account as an individual in the ESIA.
To create a legal entity account in the ESIA, the manager needs to portal of public services :
1) go to the "Organizations" tab,
2) select "Create an organization account",
3) fill out the proposed form and
4) confirm it again with a qualified electronic signature.
Enhanced Qualified Electronic Signature
It is needed in order to sign an application for entering information about the software into the Register.
If the right holder is an individual, then the application must be signed with a personal enhanced qualified electronic signature.
If the copyright holder entity, then we are talking about an enhanced qualified electronic signature of the organization represented by its head or authorized person (based on a power of attorney).
How to apply
In order to enter information about the software into the Register, it is necessary to submit to the Ministry of Telecom and Mass Communications of Russia the relevant application and the documents and materials attached to it (clause 14 of the Rules).
To do this, you need to fill out electronic forms that are posted on the official website of the registry. register.minsvyaz.ru(Order of the Ministry of Telecom and Mass Communications of Russia dated December 31, 2015 No. 614 "On determining the official website of the operator of the unified register of Russian computer programs and databases in the information and telecommunication network "Internet"").
This can be done after the applicant (clause 14 of the Rules).
Information, documents and materials required to apply(according to section IV The procedure for submitting an application for entering information about the software in the Register ):
1. Software name. You must provide the current software name (no product version numbers).
2. Previous and (or) alternative titles BY. This field can be left blank.
3. Product code(s). You must specify one or more OKPD 2 codes. Their description is given in the All-Russian Classifier of Products by Type of Economic Activity OK 034-2014 (KPES 2008).
4. The class (classes) of the software to which (to which) the software corresponds. One or more software classes must be specified. At the same time, under software class understand a group that:
- combines software that has similar functional, technical and (or) operational characteristics, and
- determined by the classifier (it was approved by the Ministry of Telecom and Mass Communications of Russia by order of December 31, 2015 No. 621).
Such a definition is given in paragraph 2 of the Rules.
The procedure to be followed in order to determine the class(es) is approved by Order No. 622 dated December 31, 2015.
The classifier uses a hierarchical classification method and a sequential coding method. The code consists of 2-4 digital characters.
The software corresponds to several classes if it fully or partially meets the functional, technical and (or) operational characteristics of such classes.
5. Status of the copyright holder. Here you need to select one or more items from the list:
- Russian commercial organization;
- a Russian commercial organization that has foreign entities in the chain of ownership (foreign organizations or trusts);
- Russian non-profit organization;
- a citizen of Russian Federation.
6. Information about software copyright holders. The content depends on the status of the copyright holder:
1) in relation to a citizen, you must specify:
- surname, name, patronymic,
- name and details of the identity document,
- the address of registration at the place of residence (stay) or, if such registration is absent, the address of the place of actual residence;
2) in relation to the organization, you must indicate the full name, PSRN and TIN.
7. Information about the shares of direct and indirect participation in the right holder:
- Russian Federation,
- subjects of the Russian Federation,
- municipalities,
- Russian non-profit organizations without predominant foreign participation and
- citizens of the Russian Federation.
This field must be filled in two cases - if the exclusive right to the software belongs to the copyright holder :
- "Russian commercial organization" or
- "a Russian commercial organization with foreign entities in the chain of ownership."
In the first case, you need to indicate the ultimate owners (Russian citizens) and the size of their shares.
In the second case, it is necessary to disclose the entire chain of ownership in the form of a table and upload scanned extracts (or other documents) from the registers of the respective states.
Information must be filled in for all ultimate beneficiaries (Russian citizens) who own more than 5 percent of the authorized capital of the right holder organization.
A separate rule is established for the case when such beneficiaries collectively own less than 50 percent of the authorized capital (i.e. it is impossible to check the criterion of ownership of the exclusive right). In such a situation, it is necessary to include information about Russian citizens owning shares of less than 5 percent. This must be done in such a way that the application contains information about Russian citizens who own in total more than 50 percent of the authorized capital of the right holder organization. That is, it is not necessary to provide information on all final beneficiaries - Russian citizens.
8. Email address and phone number to contact the applicant. You must provide valid contacts for notifications and requests for additional information.
9. The address of the page of the copyright holder's website on the Internet with documentation that contains a description of the functional characteristics of the software and information for its installation and operation. It's about user documentation.
10. Status of the person signing the application. In this field, you need to select one item from the list:
- representative of the right holder acting on the basis of a power of attorney;
- a person who has the right to act on behalf of the right holder, which is a legal entity, without a power of attorney;
- the right holder who is a citizen of the Russian Federation.
11. A document that confirms the authority of the person signing the application(if the application for inclusion of information in the Register is signed by a representative by proxy). This is a power of attorney with the authority to act on behalf of the copyright holder(s) of the software. The applicant needs to upload the scanned version of the power of attorney to pdf format.
12. Copy of the charter of the copyright holder of the software(if the application is submitted by the organization). You need to download a scanned version of the charter in pdf format. You need to do this in one file.
13. Instance of the Software. In this section, you must provide a valid link to download the software distribution. You also need to attach instructions (in the form of a single document in any form) for downloading and installing. It should include (if necessary) license key (serial number) to activate.
14. Documents that confirm that the software meets the requirement of ownership of the exclusive right(if the application is submitted ). Need to download:
- a file with a description of the chain of ownership in the form of a table (in free form) and
- a scanned version of extracts (or other documents) from the registers of the relevant states confirming the data in the table.
15. Information on the grounds for the right holder (right holders) to have an exclusive right to the Software throughout the world and for the entire duration of the exclusive right. This field must be filled in text form (in any form).
The basis for the emergence of an exclusive right may be, for example, own development (creation of an employee's work) or the acquisition of an exclusive right.
16. Documentation describing the functional characteristics of the software and information for its installation and operation. This documentation must be downloaded in text format.
17. Documentation that contains:
1) a description of the processes that ensure the maintenance life cycle Software, including:
- elimination of faults identified during the operation of the software,
- software improvement;
2) information on the personnel required to provide such support.
This documentation must also be downloaded in text format.
18. Other documents. The applicant may attach any documents that confirm that the product meets the criteria of Russian software and software class.
The applicant must (clause 14 of the Rules).
Who and how includes information about software in the Registry
In the process of including information about the software in the Registry, except for , we can distinguish three more actors.
1. Ministry of Communications of Russia. This is the authorized federal executive body for the formation and maintenance of the Register. The Ministry of Telecom and Mass Communications of Russia makes decisions on including information about software in the Register and on their exclusion from it.
2. registry operator. He is directly involved in maintaining the Register.
The Ministry of Telecom and Mass Communications of Russia attracts an operator in accordance with the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) (clause 6 rules). It must meet two conditions:
- be registered in the territory of the Russian Federation;
- be entitled to receive a legal copy of the Software.
These conditions are met by three organizations listed in Article 13 of the Federal Law of December 29, 1994 No. 77-FZ "On the legal deposit of documents":
- Intersectoral Research Institute "Integral";
- Scientific and technical center "Informregister";
- Presidential Library named after B.N. Yeltsin.
The operator from among its employees determines the persons authorized to include information in the register, change it and (or) exclude it from the register (clause 7 of the Rules).
3. Expert Council on Russian software. It is created by the Russian Ministry of Telecom and Mass Communications in order to conduct an examination when information about software is included in the Register (clause 8 of the Rules, order of the Russian Ministry of Telecom and Mass Communications dated December 30, 2015 No. 615 “On Approval of the Regulations on the Expert Council on Russian Software under the Ministry of Communications and Mass Media communications of the Russian Federation).
P The process of including information about software in the Register can be roughly divided into nine stages.
Stage 1. The authorized body checks the application and the documents and materials attached to it within 10 working days from the date of receipt (clause 16 of the Rules).
Stage 2. The authorized body, within 5 working days from the date of receipt of the application, requests from the state authorities documents and information confirming the information in the application and the documents and materials attached to it (paragraph 20 of the Rules).
Stage 3. The authorized body registers the application (clause 19 of the Rules).
The applicant will be denied registration if (clause 17 of the Rules):
- he broke the Rules;
- the authorized body within 12 months prior to the receipt of the application has already:
- refused the applicant to include information in the Register due to the fact that he submitted false documents, materials and (or) inaccurate information (subparagraph “a” of clause 27 of the Rules), or
- excluded the information from the Register for the same reason (subparagraph “c”, paragraph 33 of the Rules).
After the applicant eliminates the reasons indicated in the first paragraph, he will be able to re-apply (paragraph 18 of the Rules).
Stage 4. The registry operator, no later than the working day following the day of registration of the application, places it in open access on the official website (clause 19 of the Rules). At the same time, personal data (if any) is depersonalized.
Stage 5. The Expert Council considers the application within 30 working days from the date of its registration and approves the expert opinion (clause 21 of the Rules). It should contain conclusions about whether the software complies with:
Stage 6. The expert opinion is transferred to the system operator within one working day from the date of its approval (clause 21 of the Rules).
Stage 7. The registry operator places the expert opinion in the public domain on the official website (clause 21 of the Rules).
Stage 8. The authorized body decides on the inclusion of information about the software in the Register. He must do this:
- within 65 working days from the date of registration of the application, but
- no later than 10 working days from the day when the expert council approved the expert opinion.
The specified decision is issued in the form of an order of the Ministry of Telecom and Mass Communications of Russia (clause 25 of the Rules).
The authorized body may refuse to include information about software in the Register on three grounds (clause 27 of the Rules):
- the applicant submitted false documents, materials and (or) false information;
- the applicant has not submitted within 30 working days explanations and (or) documents at the request of the expert council (clause 22 of the Rules), if without them it is impossible to confirm the accuracy of the information provided and (or) the authenticity of the documents submitted;
Stage 9. Registry Operator:
- posts the decision of the authorized body on the official website and informs the applicant about it at the e-mail address indicated in the application (clause 28 of the Rules);
- includes information about the software in the Register (clause 29 of the Rules).
The operator must do this no later than the working day following the day when the authorized body makes a decision.
From January 1, 2016, all state and municipal bodies, state corporations Rosatom and Roscosmos, management bodies of state non-budgetary funds, as well as state and budget institutions that carry out purchases in accordance with the requirements of the "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", are obliged to comply with the ban on the admission of software originating from foreign countries for the purposes of procurement for state and municipal needs .
In order to make a decision on the purchase of software, the customer needs to work with the registry. When working with the registry of Russian software, the customer placing an order for the supply of software products must:
1) study the classifier and determine which class corresponds to the software planned for purchase;
2) go to the official website of the registry and find out if the registry contains information about software for this class (see below for how to do this);
3) if there is information about one or more software products for the required class in the register, the customer will need to independently determine whether at least one of the products meets the characteristics that the customer requires and which he plans to include in the description of the procurement object. To do this, it is advisable to determine the required functional, technical and operational characteristics of the software and compare them with similar characteristics of the software, information about which is placed in the registry.
An example form of performance comparison is given below:
| No. p / p | Software Features | Required | Product A | Product B |
| 1. | Functional characteristics | |||
| 1.1. | Centralized Management | Yes | Yes | Yes |
| 1.2. | Physical and virtual infrastructure management | Yes | Limited | Yes |
| … | Ability to manage virtualization environments from multiple vendors | Yes | Yes | Yes |
| 2. | Specifications | |||
| 2.1. | Maximum number of virtualization hosts | 64 | 64 | 200 |
| 2.2. | Maximum number of virtual machines | 3000 | 8000 | Not documented |
| 2.3. | Automatic VM crash recovery (HA) | Yes | Yes | Yes |
| 3. | Performance characteristics | |||
| 3.1. | Integration with AD | Yes | Yes | No |
| 3.2. | Opportunity centralized control via web browser | Yes | Yes | Yes |
| 3.3. | Availability of an API for backup | No | Yes | No |
Note
It should be noted that in accordance with Decree of the Government of the Russian Federation No. 1236 regarding software characteristics, the registry entry contains only the address of the page of the copyright holder's website in the information and telecommunication network Internet, which contains documentation containing a description of the functional characteristics of the software and information necessary for installation and operation of the software. In practice, the site of the copyright holder does not always contain all the necessary information about the software. The mechanism for obtaining such information for the preparation of a justification has not been regulated. In case of insufficient information about the required software, it is advisable to ask the copyright holder to provide such characteristics.
Based on the results of the work performed, the customer makes one of two decisions: either to purchase one of the Russian software products specified in the registry, or to justify the purchase of software that is not included in the registry.
The second is possible if:
a) the registry does not contain information about the software of the required class;
b) software, information about which is included in the register according to the required class, does not meet the requirements of the customer in terms of its functional, technical and (or) operational characteristics.
In this case, the customer must prepare, approve and publish (together with the procurement documentation) . Such an obligation is established by part 3 of Article 14 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. The procedure for preparing the justification (Procedure) is approved.
It is worth noting that, in accordance with clause 4 of the Procedure, the customer must approve the specified justification as of the day the notice of procurement was posted. It is not enough to approve the rationale simultaneously with the entire package of procurement documents.
To comply with this provision, given the complex procurement procedures in general, contracting authorities should monitor not only the registry itself, but also applications submitted for inclusion in the registry (they are also posted on the registry operator's website). This will allow you to foresee the inclusion of a particular software in the registry.
It is advisable to prepare a draft justification at the time of preparation of a complete package of procurement documentation, and then update and approve it on the day of publication.
The justification must contain an indication of:
a) a circumstance in connection with which it is impossible to comply with the ban (subparagraph "a" or "b" of paragraph 2 of Decree of the Government of the Russian Federation No. 1236 is selected);
b) the class (classes) of software, which (which) must correspond to the software that is the object of the procurement;
c) requirements for the functional, technical and operational characteristics of the software that is the object of the procurement, established by the customer (indicating the class (classes) to which the software must correspond, see above);
d) functional, technical and (or) operational characteristics, including quantitative ones, according to which the software products from the registry do not meet the requirements established by the customer for the software product that is the object of the procurement, for each software product from the registry (indicating its name). Software products compared in this way must belong to the same class ().
See also examples of justifications for the impossibility of purchasing software from the registry: ; . More examples of similar documents submitted to justify the inability to purchase domestic software, you can see .
If the registry does not contain information about the software for the required class (subparagraph “a” of paragraph 2 of Decree of the Government of the Russian Federation No. 1236 is selected), the last block (“d”) is not included in the justification.
For this block (“d”), it should also be borne in mind that Decree of the Government of the Russian Federation No. 1236 does not provide for the mandatory indication of both functional, technical and operational characteristics of the purchased software in order to prove its difference from the software specified in the register. However, incorrectly specified characteristics of both the software required by the customer and the software placed in the registry may serve as a basis for claims by regulatory authorities. The reason for claims may be, for example, an appeal by a software developer, information about which is entered in the register, with a complaint to the Federal Antimonopoly Service about the incorrect justification by the customer of the impossibility of complying with the ban.
In case of insufficient information about the characteristics of the software, information about which is placed in the registry, it is advisable to request the copyright holder to provide such characteristics.
If such information is not provided, it is advisable to take screenshots of the pages of the copyright holder's website, which contain information about the characteristics of the software from the registry (at the time of publication of the justification), and attach these screenshots to the justification.
An example of justification for the inability to comply with the prohibition on the purchase of software is given in.
Checking for the presence in the registry of information about software for a specific class on the site reestr.minsvyaz.ru in its current form is performed as follows:
1) on the website of the registry of Russian software, go to the section "Registry";
2) select the required software class(es):
3a) if there is no information about the software for the required class in the registry, a corresponding message appears:
3b) if the registry contains information about the software of the required class, a list of software products appears:
Current additions (as of December 2017)
In March 2017, the government approved programs for electronic computers and databases, information about which is included in the register of Russian software. The requirements determine the composition, architecture, functions of the software required to replace imported analogues.
In particular, the software interface must be implemented in Russian. The software must not require the installation of other software (additional software modules, fonts) that has any restrictions on its free distribution in Russia, with the exception of operating systems. Software updates should only be performed after confirmation by the user or authorized personnel. At the same time, for each type of software (operating system, communication software, office suite, mail applications, organizer, viewers, Internet browser, presentation editor, spreadsheet editor, text editor, file manager software, legal reference system (ATS), software electronic document management systems and anti-virus protection) special requirements are provided.
According to the resolution, the registry entry is supplemented with information on compliance or non-compliance of the software with additional requirements. However, as of the end of 2017, no such information could be found in the registry.
In June 2017, the Ministry of Telecom and Mass Communications published on the implementation of plans for the transition of federal executive bodies and state off-budget funds to the use of domestic office software, including instead of previously purchased office software.
For a complete list of regulations related to software import substitution, see
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