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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

(as amended on 30-03-2019)

According to the Federal Law "About Information, Information Technologies and on Information Security" and the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Approve enclosed:

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);

Procedure for preparation of reasons for impossibility of observance of prohibition on the admission of the software coming from foreign states (except for the software included in the unified register of programs for electronic computers and databases from state members of the Eurasian Economic Union, except for the Russian Federation), for the purposes of implementation of purchases for ensuring the state and municipal needs.

2. Establish prohibition on the admission of the programs for the electronic computers and databases realized irrespective of agreement type on the material carrier and (or) in electronic form on communication channels, coming from foreign states (except for the software included in the unified register of programs for electronic computers and databases from state members of the Eurasian Economic Union, except for the Russian Federation (further - the register of the Eurasian software), and also exclusive rights on such software and rights to use of such software (further - the software and (or) the rights to it), for the purposes of implementation of purchases for ensuring the state and municipal needs, except for the following cases:

a) in the unified register of the Russian programs for electronic computers and databases (further - the register of the Russian software) and the register of the Eurasian software there are no data on the software corresponding to the same class of the software as the software planned to purchase;

b) the software, data on which are included in the register of the Russian software and (or) the register of the Eurasian software and which corresponds to the same class of the software as the software planned to purchase according to the functional, technical and (or) operational characteristics does not conform to the requirements to the software planned to purchase established by the customer.

2(1). For the purposes of application of Item 2 of this resolution understand as the software the software and (or) the rights to it owing to accomplishment of the following contract commitments:

a) delivery on the material carrier and (or) in electronic form on communication channels, and also provision in lease or in use of the software by means of use of communication channels and the external information and technological and hardware-software infrastructure providing collection, processing and data storage (service of cloud computing);

b) delivery, maintenance of personal electronic computers, devices of terminal access, the server hardware and other computer aids on which the software is subject to installation in result of execution of the contract;

c) performance of works, rendering the services connected with development, modification, upgrade of the software including as a part of the existing automated systems if such works or services are integrated to provision to the customer of the rights to use the software or expansion of earlier provided amount of the rights;

d) rendering the services connected with maintenance, technical support, updating of the software including as a part of the existing automated systems if such services are integrated to provision to the customer of the rights to use the software or expansion of earlier provided amount of the rights.

2(2). Determine that for the purpose of implementation of this resolution: confirmation of origin of programs for electronic computers and databases from the Russian Federation is availability in the register of the Russian software of data on such programs for electronic computers and databases;

confirmation that the program for electronic computers and the database belongs to state member of the Eurasian Economic Union, except for the Russian Federation, availability in the register of the Eurasian software of data on such programs for electronic computers and databases is.

2(3). Determine that on programs for electronic computers and the database, data on which are included in the register of the Eurasian software, additional requirements to programs for electronic computers and databases, the data on which extend are included in the register of the Russian software, approved by the order of the Government of the Russian Federation of March 23, 2017 No. 325 "About approval of additional requirements to programs for electronic computers and databases, the data on which are included in the register of the Russian software, and modification of Rules of forming and maintaining the unified register of the Russian programs for electronic computers and databases".

3. The prohibition, the stipulated in Item 2 presents of the resolution, does not extend to implementation of purchases of the software and (or) the rights to it by diplomatic representations and consular establishments of the Russian Federation, the trade missions of the Russian Federation under the international organizations for ensuring the activities in the territory of foreign state.

4. This resolution does not extend to implementation of purchases of the software and (or) the rights to it, data on which and (or) about purchase of which are the state secret.

5. Determine that the customer in case of execution of the civil agreement signed according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" which subject is delivery of the software and (or) the rights to him having no right to allow according to part 7 of article 95 of the specified Federal Law replacement of the software, data on which are included in the register of the Russian software or the register of the Eurasian software, on other software.

6. Determine the Ministry of digital development, communication and mass communications of the Russian Federation by authorized federal executive body of forming and maintaining the register of the Russian software and register of the Eurasian software.

6(1). Create the federal state information system "Registers of Programs for Electronic Computers and Databases" (further - the information system "Registers of the Software") providing maintaining the register of the Russian software and register of the Eurasian software.

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

a) in 2-month time to approve:

the qualifier of programs for electronic computers and databases (further - the qualifier) containing specifying on functional, technical and (or) operational characteristics according to which software compliance to software class, is determined by each class of the software provided by the qualifier and also instruction on compliance of classes of the software to codes of the All-Russian Product Classifier by types of economic activity;

rules of use of the qualifier;

the regulations on advisory council according to the Russian software under the Ministry of digital development, communication and mass communications of the Russian Federation (further - advisory council) providing including functions of the specified advisory council on forming and updating of the information table of correspondences of the software coming from foreign states, to the software classes provided by the qualifier;

b) till December 31, 2015 to approve structure of advisory council;

c) together with the interested federal executive bodies to submit within 3-month term within the Ministry of Finance of the Russian Federation offers on establishment of general rules of determination of requirements to the software and (or) the rights to it, services (works) on development, installation, testing, maintenance, technical support, adaptation, modification of the software, services (works) on designing, creation, upgrade (completion, development), maintenance, technical support of information system which are purchased by customers;

d) provide forming and maintaining the register of the Russian software since January 1, 2016;

e) make the changes in regulations on advisory council providing powers of advisory council on conducting examination of statements for inclusion of data on programs for electronic computers and databases from state members of the Eurasian Economic Union in the register of the Eurasian software, and also the documents and materials attached to it;

e) provide forming and maintaining the register of the Eurasian software;

g) provide creation and development of the information system "Registers of the Software";

h) approve regulations on the information system "Registers of the Software";

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