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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 10, 2022 No. 1804

About carrying out experiment on provision of right to use of programs for electronic computers, algorithms, databases and documentation to them, including the exclusive right on which belongs to the Russian Federation, on the terms of the open license and to creation of conditions for use of the open software

The government of the Russian Federation decides:

1. Conduct on November 1, 2022 - on April 30, 2024 experiment on provision of right to use of programs for electronic computers, algorithms, databases and documentation to them, including the exclusive right on which belongs to the Russian Federation, on the terms of the open license and to creation of conditions for use of the open software (further - experiment).

2. Approve the enclosed Regulations on carrying out experiment on provision of right to use of programs for electronic computers, algorithms, databases and documentation to them, including the exclusive right on which belongs to the Russian Federation, on the terms of the open license and to creation of conditions for use of the open software.

3. Participants of experiment are:

Ministry of digital development, communication and mass communications of the Russian Federation;

Ministry of Internal Affairs of the Russian Federation;

Federal Registration Service;

The Russian fund of development of information technologies on voluntary basis;

federal executive bodies, state non-budgetary funds of the Russian Federation, executive bodies of subjects of the Russian Federation, the state corporations, and also the legal entities and physical persons which directed till April 1, 2023 requests about participation in experiment on voluntary basis.

4. Recommend to the Russian fund of development of information technologies without attraction of financial resources of the federal budget till February 1, 2023 together with the Ministry of digital development, communication and mass communications of the Russian Federation to develop technique of selection of requests about participation in experiment and till May 1, 2023 to make selection of requests about participation in experiment.

5. To the ministry of digital development, communication and mass communications of the Russian Federation:

till March 1, 2023 to approve technique of selection of requests about participation in experiment;

till June 1, 2023 to approve the final list of participants of experiment;

not later than in 30 days from the date of completion of experiment to carry out assessment of results of experiment taking into account the notes and offers which arrived from other participants of experiment and to provide the corresponding report and necessary offers to the Government of the Russian Federation.

6. Determine that carrying out experiment:

by federal executive bodies it is performed within the established extreme number of employees of their central offices and territorial authorities, and also budgetary appropriations provided to the specified federal executive bodies in the federal budget on management and management in the field of the established functions;

by state non-budgetary funds of the Russian Federation it is performed within the budgetary appropriations provided to governing bodies of state non-budgetary funds of the Russian Federation in the budget of the relevant state non-budgetary fund of the Russian Federation on management and management in the established sphere.

7. This resolution becomes effective from the date of its official publication.

 Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of October 10, 2022 No. 1804

The regulations on carrying out experiment on provision of right to use of programs for electronic computers, algorithms, databases and documentation to them, including exclusive right on which belong to the Russian Federation, on the terms of the open license and to creation of conditions for use of the open software

1. This Provision establishes procedure for carrying out experiment on provision of right to use of programs for electronic computers, algorithms, databases (further - the software) and documentation to them, including the exclusive right on which belongs to the Russian Federation, on the terms of the open license and to creation of conditions for use of the open software (further - experiment).

2. The concepts used in this Provision mean the following:

"the source text of the software" - the software provided in the form of the text in programming language, suitable for entering of changes into it;

"licensor" - the participant of experiment who granted right to use of the software to the licensee on the terms of the open license;

"licensee" - the legal entity or physical person using the open software on the terms of the open license;

"national repository" - the set of information systems providing storage of source texts and object codes of the software with management of their versions, tracking of changes, assembly of software products, conducting their testing, the organization of joint operation of licensors and licensees over program code, the safety and relevance of content of repository, possibility of the international interaction available to use by physical persons and legal entities without restrictions on national, territorial and to other signs, not stipulated by the legislation to the Russian Federation;

"the open software" - the software distributed on the terms of the open license.

3. In this Provision the open license is understood as the open license intended for provision of right to use of the software and meeting requirements, stipulated in Clause 1286.1 Civil codes of the Russian Federation. At the same time the license agreement shall correspond to the following criteria:

a) free use. The license shall not impose any restrictions for use (including distribution and sale of copy) the software as component of the compound software containing the programs for electronic computers received from different sources shall be non-paid (shall not contain obligations about payment of license or other remunerations), except for possibilities of inclusion in the text of the license agreement:

requirements for distribution of the derivative (modified) software on the same conditions, as the licensed (used) software;

requirements for distribution together with the software of the text of the license and data on copyright;

requirements of the license agreements providing access to additional functions of the software and (or) access to the certain parts of the source text of the software or object code realizing such additional functions on paid basis or in case of accomplishment of the conditions determined by the licensor, including in case of provision of services;

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