ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2022 No. 2461

About modification of the Order of the Government of the Russian Federation of November 16, 2015 No. 1236 and recognition voided separate provisions of some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of November 16, 2015 No. 1236 "About establishment of prohibition on the admission of the software coming from foreign states for the purposes of implementation of purchases for ensuring the state and municipal needs" (The Russian Federation Code, 2015, No. 47, Art. 6600; 2017, No. 14, Art. 2062; No. 52, Art. 8168; 2018, No. 49, Art. 7600; 2019, No. 15, Art. 1754; 2021, No. 30, Art. 5801; 2022, No. 33, Art. 5906).

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

a) in a month to approve:

the qualifier of hardware and software systems containing specifying on functional, technical and (or) operational characteristics according to which hardware and software system compliance to the corresponding class provided by the qualifier and also specifying on compliance of classes of hardware and software system to codes of the All-Russian Product Classifier is determined by types of economic activity;

rules of use of the qualifier of hardware and software systems;

b) make the changes in regulations on advisory council according to the software under the Ministry of digital development, communication and mass communications of the Russian Federation providing powers on conducting examination of statements for inclusion of data on hardware and software systems in the unified register of the Russian programs for electronic computers and databases.

3. Recognize invalid:

the paragraph the tenth subitem 29 and the paragraph the ninety ninth the subitem 37 of Item of 8 changes which are made to the order of the Government of the Russian Federation of November 16, 2015 No. 1236, approved by the order of the Government of the Russian Federation of December 20, 2017 No. 1594 "About modification of the order of the Government of the Russian Federation of November 16, 2015 No. 1236" (The Russian Federation Code, 2017, No. 52, the Art. 8168);

subitems 12 and 37 of item 4 of changes which are made to the order of the Government of the Russian Federation of November 16, 2015 No. 1236, No. 1236 and recognition approved by the order of the Government of the Russian Federation of July 20, 2021 No. 1226 "About modification of the order of the Government of the Russian Federation of November 16, 2015 voided the paragraph of the eleventh subitem 29 of Item of 8 changes which are made to the order of the Government of the Russian Federation of November 16, 2015 No. 1236" (The Russian Federation Code, 2021, No. 30, the Art. 5801).

4. This resolution becomes effective since January 1, 2023.

Approved by the Order of the Government of the Russian Federation of December 28, 2022 No. 2461

Changes which are made to the Order of the Government of the Russian Federation of November 16, 2015 No. 1236

1. Item 2 (to add 2) with the paragraph of the following content:

"Confirmation of conformity of programs for electronic computers and databases to the requirements established by this resolution is specifying by the procurement participant as a part of the application for participation in purchase of sequence numbers of register entries in the register of the Russian software or the register of the Eurasian software.".

2. In Rules of forming and maintaining the unified register of the Russian programs for electronic computers and databases and the unified register of programs for electronic computers and databases from state members of the Eurasian Economic Union, except for the Russian Federation, approved by the specified resolution:

Item 2 to add 1) with paragraphs of the following content:

"hardware and software system" - complex technical and the software (software) working jointly for accomplishment of one or several special tasks, being the electronic computer or the specialized electronic device (devices) which functional technical characteristics (which) are determined only by set of the software and technical means and cannot be realized in case of their separation. The hardware and software system is independently used, finished technical product having serial number;

"hardware and software system class" - group which combines the hardware and software systems having similar functional and technical characteristics taking into account appointment and scope and which is determined according to the qualifier of hardware and software systems and rules of its application approved by the Ministry of digital development, communication and mass communications of the Russian Federation.";

Paragraph two of Item 3 to replace 2) with the text of the following content:

"Forming of the register of the Russian software is performed by authorized body by means of decision making about inclusion of data on the software, hardware and software systems in the register of the Russian software or about exception of data on the software, hardware and software systems of the register of the Russian software.

Forming of the register of the Eurasian software is performed by authorized body by means of decision making about inclusion of data on the software in the register of the Eurasian software or about exception of data on the software of the register of the Eurasian software.";

3) in item 4:

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