Today it is quite difficult to imagine an organization that does not need to purchase software. At the same time, it is well known that state and municipal customers do not have the right to use unlicensed software in their work.

There are several ways to solve this problem:

• purchase of licensed software;
• use of free software (FOSS).

Let us note that attempts to replace the software tools we are all familiar with with freely distributed software have been made for a long time, but have not been successful. The advantages and disadvantages of this approach are still the subject of heated debate and go beyond the scope of the topic under consideration.

Organizations whose budget allows the purchase of licensed software felt relatively calm for some time - exactly until restrictions on the purchase of foreign-made software came into force.

Purchase of software within the contract system

Since the beginning of 2016, software purchases have been subject to the Decree of the Government of the Russian Federation of November 16, 2016 No. 1236, according to which the list of purchased software must be limited to the Unified Register of Russian programs for electronic computers and databases (hereinafter referred to as the Register).

In practice, this means that if it is necessary to purchase an OS or any program, the customer should open the Registry and try to find the necessary software. If the required name is not available, you should select a Russian-made analogue from the list.

Refusal to purchase an analogue included in the Register is unlawful, except in a few cases.

How to buy foreign software?

Purchasing software that is not in the Register is possible only in two cases:

1. If there is no software in the Register of the same class to which the one planned for purchase belongs.
2. In the event that the analogues included in the Register do not meet the requirements set by the customer.

If the customer insists on the need to purchase certain software and the impossibility of replacing it with any other from the list of the Register, he is obliged to prepare and post in the Unified Information System a justification for such a purchase. The preparation of the justification should be approached extremely responsibly, since the topic of software procurement for regulatory authorities is relevant and interesting due to a significant number of controversial issues and violations.

The justification should include the following points:

1. One of the reasons for purchasing software that is not in the Register.
2. Indication of one or more classes to which the purchased software belongs.
3. List of customer requirements for the characteristics and properties of the purchased software.
4. Characteristics and properties for which the software included in the Register does not meet the requirements set by the customer.

Conclusion

Based on our own practice of interaction with regulatory authorities, we recommend that customers do not go beyond the scope of the Register of Russian Programs, and if they do this, then in exceptional cases. In no case should you perceive the possibility of drawing up a justification as some kind of formality or loophole, using which you can purchase any desired software.

The topic of software procurement has always caused a lot of controversy, especially among those whose knowledge of IT is extremely superficial. It is often almost impossible to prove to inspectors who have only basic computer skills the nuances and differences between the purchased program and the one included in the Register.

Arguments in defense of purchased licensed software are often considered insufficient, insignificant and subjective.

ATTENTION! To automatically generate all reports and check those already created in the UIS, use our software. Also, the program will check your purchases for errors for free, calculate the NMCC and SKP, and help you find the necessary

Software purchases under 44-FZ have their own characteristics. In particular, customers cannot purchase foreign software if there is a Russian equivalent. The need is for foreign programs needs to be explained. We will talk about the rules for purchasing Russian software under 44-FZ in 2019 in the article.

Prohibition on the purchase of foreign software under 44-FZ

In 2015, Government Resolution No. 1236 was adopted. It established a ban on the purchase of software from foreign countries. It is valid if the registry contains purchased Russian-made software. The register of Russian programs for electronic computers and databases is posted on the website of the Ministry of Communications. The purchase of foreign programs under 44-FZ is permitted if the registry does not contain an analogue that corresponds to the class of the required product, or similar software is in the Russian registry, but it does not meet the customer’s needs.

In 2018, the rules for purchasing software 44-FZ changed when Decree of the Government of the Russian Federation dated December 20, 2017 No. 1594 came into force. Customers were allowed to purchase software from member countries of the Eurasian Economic Union. The regulatory legal act also spelled out the components of the concept of software for government needs.

To obtain full access to the PRO-GOSZAKAZ.RU portal, please register. It won't take more than a minute. Select social network

for quick authorization on the portal: Firstly, it is the delivery of programs in in electronic format

or on storage media, software rental. Secondly, this includes maintenance of equipment and various equipment (installation of programs on devices). Thirdly, customers must purchase software development, technical support services, updates, etc., taking into account the ban.

Register of Russian software

• To find the software of interest in the registry, select:
• software class - BIOS and other embedded software, databases, embedded software of telecommunications equipment, geographic information and navigation systems, etc.;
• name of the software or part thereof;
• copyright holder;

name of the copyright holder.

Also, according to the new rules, applications for inclusion in the software register are considered within 20 days instead of the 10 previously established. Participants are given only 5 days to notify of a change in copyright holder. At the same time, the period for making changes to the software registry has been reduced. Now it is 10 days, previously it could reach up to a month.

Since 2018, two reasons have been added for exclusion from the list of software: untimely notification of changed circumstances and transfer of rights to the program to a person who does not comply with Russian legislation.

How to choose software and not make mistakes with admission conditions

Three applications were received for the supply of antivirus: under the trademark ESET NOD32, Dr.Web, Kaspersky. Who should be rejected by the auction commission and on what grounds - read the solution to the problem in the article.
Also from the article you will learn:
☆ Why is it difficult to buy familiar software;
☆ What is the essence of the mechanism for banning the purchase of foreign software;
☆ How to apply the ban on purchasing foreign software and how to circumvent it;
☆ What are the three mistakes customers most often make in software procurement?

Purchase of Russian software under 44-FZ, which is not in the register

The ban on the supply of foreign software does not apply to the purchase of Russian programs under 44-FZ, information about which is not in the register. But it is possible that the customer will have to defend his rights through the courts. The problem is that the justification for the purchase of Russian software will not contain any mention of the presence of the program in the registry. And the classification of the software as Russian in itself will have to be additionally confirmed, because this fact cannot be verified by the contents of the Register. The copyright holder of such software can participate in the procurement, but, most likely, he will not be given preferences, and will need to compete with foreign manufacturers on equal terms.

Purchase of software under 44-FZ from a single supplier

There is a misconception that the purchase of software under 44-FZ from a single supplier can be carried out in accordance with clause 13 of part 1 of article 93 of Law No. 44-FZ. However, under this clause you can only purchase created works of literature and art. You can purchase from a supplier if the cost of the software is less than 100 thousand rubles.

OKPD2: software procurement

OKPD2 for the purchase of software under 44-FZ depends on the subject of the contract. If this is a software supply, use code 62.01.29.000: other original software. If you are purchasing a license, use code 58.29.50: services for providing licenses for the right to use computer software. A separate OKPD2 exists for software installation, this is code 62.09.20.120 - software installation services. An online service will help you determine the exact OKPD2

Purchase of software within the framework of 223-FZ

The purchase of software under 223-FZ in 2019 is carried out according to the following rules:

• purchasing software from foreign suppliers is not prohibited;
• purchasing domestic software is a priority.

Purchases of Russian software under 223-FZ are a priority established by Decree of the Government of the Russian Federation dated September 16, 2016 No. 925. According to this document:

• when implementing a competitive procedure in the form of a competition (in another form, where the winner is determined on the basis of criteria), the cost indicator of the participant offering software included in the Unified Registers is determined based on the contract price offered by him, reduced by 15%;
• when conducting a competitive procedure in the form of an auction (in another form, where the winner is the person who offered more low price), if the winner is a person offering foreign software, then an agreement is drawn up with him at a price reduced by 15% from what he offered.

Priority is not granted in the following cases:

• the competitive procedure did not take place, and as a result an agreement was drawn up with a single supplier;
• To participate in the competitive procedure, no applications were submitted for the supply of software included in the Unified Registers.

Attached files

• Contract for services for the transfer of non-exclusive rights to software.docx

Can the federal state budget educational institution purchase software (purchase of a 70data collection module for a special section of the OS website, license type - non-exclusive) under Federal Law No. 44-FZ on an advance payment basis (30% and 70%)? Do advance conditions for federal budget customers apply to contracts concluded under Federal Law No. 223-FZ?

Answer

1.No, it can’t. The amounts of advance payments for procurement by federal institutions in 2018 are given in reference book 1.

2. Limitations on the volume of advance payments within the framework of Law 223-FZ are established by the same rules as for procurement under Law No. 44-FZ of April 5, 2013.

Rationale
Amounts of advance payments for procurement by federal institutions in 2018

Advance payments under contracts for federal PBS, budgetary and autonomous institutions are limited. See the table in what amounts the institution has the right to set an advance and when you can pay 100 percent.

In contracts that provide for staged execution, do not provide for the payment of an advance at the last stage. Exception - contracts, sizeadvance payment for which - 100 percent, and also if the contract is subject totreasury support. About this - inparagraph 19

Amount of advance payments*	Subject and terms of the contract	Base
Prohibition on advance payments (advance payments cannot be specified in the contract)	1. Supply of goods or provision of services from the list. These are consumer products: bed and table linen, laptops and tablets, passenger cars, trucks, pens and pencils. As well as services: repair of computers and peripheral equipment, furniture repair, etc. The ban applies to the entire contract even if, in addition to the goods and services from the list, it includes other goods (services) 2. The contract stipulated the following conditions: Treasury security of obligations in the amount of up to 100 percent of the contract amount; - treasury support for settlements under the contract in an amount not less than the amount of such security	Clause 20 of Government Decree No. 1496 dated December 9, 2017, clause 16.1 of Art. 30 of the Law of 05/08/2010 No. 83-FZ, clause 3.11-1 art. 2 of the Law of November 3, 2006 No. 174-FZ, clause 6 of the Government Decree of December 30, 2017 No. 1705, letter of the Federal Treasury dated January 11, 2018 No. 07-04-05/05-160 The list was approved by Government Order No. 21-r dated January 16, 2018
In the amount of no more than 30 percent of the contract amount, but not more than the limits budget obligations**	Supply of goods, performance of work, provision of services, including construction, reconstruction and major repairs of capital construction projects owned by Russian state property.	Subp. “a”, “b” clause 18 of Government Decree No. 1496 dated 09.12.2017, clause 16.1 art. 30 of the Law of 05/08/2010 No. 83-FZ, clause 3.11-1 art. 2 of the Law of November 3, 2006 No. 174-FZ
	If the cost of a contract for the construction, reconstruction, or overhaul of state property in Russia is more than 600 million rubles, the customer has the right to include in the contract a condition for repeated prepayment if the contractor completes the work in the amount of the advance payment already paid. The total advance amount should not exceed 70 percent of the contract amount
In the amount of over 30 and up to 80 percent of the contract amount, but not more than the limits of budget obligations**	R&D aimed at import substitution of technological products. Follow two requirements: - receive confirmation from the Ministry of Industry and Trade that the contract meets the goals of import substitution; - Include a provision in the contract regarding treasury support for the advance payment. Do not include this condition if the contract is subject to bank support
In the amount of more than 30 percent of the contract amount, but not more than 90 percent of the contract amount		Subp. “a” clause 18 of Government Decree No. 1496 dated 09.12.2017, clause 16.1 art. 30 of the Law of 05/08/2010 No. 83-FZ, clause 3.11-1 art. 2 of the Law of November 3, 2006 No. 174-FZ
Up to 100 percent of the agreement (contract) amount, but not more than the limits of budget obligations**	Communication services Subscription to printed publications, their purchase*** Training in advanced training courses and professional retraining Participation in scientific, methodological, scientific-practical and other conferences State examination of design documentation and results engineering surveys Verification of the reliability of the estimated cost of construction, reconstruction and major repairs of capital construction projects Purchasing air and railway tickets, tickets for city and suburban transport Freight transportation by air and rail Purchasing vouchers for spa treatment Carrying out fire extinguishing activities Rent of an individual safe (safety deposit box) Compulsory insurance civil liability of the owner of a dangerous object for causing harm as a result of an accident at dangerous object Contracts of the Ministry of Health with foreign organizations for the provision of treatment to citizens of the Russian Federation outside the territory of Russia (in accordance with Government Decree No. 72 dated February 15, 2008)	Subp. “c” clause 18 of Government Decree No. 1496 dated 09.12.2017, clause 16.1 art. 30 of the Law of 05/08/2010 No. 83-FZ, clause 3.11-1 art. 2 of the Law of November 3, 2006 No. 174-FZ

* Attention: after December 1, 2018, it is impossible to conclude contracts that provide for the payment of an advance in 2018 or payment for work (services) with a completion period of more than one month. The exception is contracts that are concluded by decision of the Government and for state defense orders. This is stated inparagraph 14Government Decree No. 1496 dated December 09, 2017.

** Contracts over 100 million rubles, for which advance payment is provided, must be completed withtreasury support. Exception: contracts thataccompanies the bank. This is stated insubparagraph 4paragraph 2 of article 5 of the Law of December 5, 2017 No. 362-FZ.

*** To authorize payment for subscriptions to periodicals and electronic publications It is enough to submit an invoice or invoice to the Federal Treasury (letter of the Ministry of Finance dated January 20, 2016 No. 02-01-11/1758).

How to conclude a contract (agreement) if procurement was carried out according to the rules of Law No. 223-FZ7

Advance payments

Limits on the volume of advance payments have been establishedthe same standards, as when purchasing byLaw of April 5, 2013 No. 44-FZ.*

From the reference book

Terms of the contract under Law No. 44-FZ

Advance payments

The amounts of advances under contracts for federal, regional and local customers are different. They are established by authorities through their regulations. Federal institutions At the federal level, the Government has limited the volume of advance payments for PBS. For federal budgetary and autonomous institutions, similar limits on advances have been in effect since November 27, 2017. Before this date, there were no restrictions, except for contracts through subsidies. This is stated in Part 3.11-1 of Article 2 of the Law dated November 3, 2006 No. 174-FZ, Part 16-1 of Article 30 of the Law dated May 8, 2010 No. 83-FZ, paragraphs 18-20 of the Government Resolution dated December 9, 2017 No. 1496, letters Ministry of Economic Development dated September 20, 2016 No. D28i-2454, Treasury dated June 16, 2016 No. 05-03-13/5.* Advice: in the application for cash expenses, correctly fill out the field “Advance payment attribute” in column 4 of section 1 “Document details” or column 5 of a similar section in the abbreviated application. When making an advance payment, fill out the form like this: · in the “Advance payment indication” field, indicate “Yes” (clause 9.2 of the Procedure approved by Order of the Treasury dated October 10, 2008 No. 8n); · in the “Purpose of payment” column, write that you are transferring an advance. The Russian Treasury will verify this information and release the payment. If it detects an error, it will return the request without execution. Such explanations are given by Treasury specialists in letter dated October 30, 2015 No. 05-03-15/103. Regional and municipal institutions The amount of advances at the regional and local level is determined by the relevant authorities. As a rule, the established limits applied only to PBS. But from November 27, 2017, budgetary and autonomous institutions must also comply with them. This is stated in Part 3.11-1 of Article 2 of the Law of November 3, 2006 No. 174-FZ, Part 16-1 of Article 30 of the Law of May 8, 2010 No. 83-FZ.* Payment for stages of work Do not include an advance payment clause in the contract at the last stage of its execution. An exception is contracts for which the advance payment is 100 percent, as well as those for which treasury support is provided. If the contractor performs the work or services under the contract in stages, and the customer pays in full for each stage, this is not an advance. The customer pays for work and services that the contractor has already performed. This is discussed in paragraph 19 of Government Resolution No. 1496 dated December 9, 2017, and letter of the Ministry of Finance dated September 23, 2011 No. 02-03-10/4282.

It is a rare modern company that does not need software that must be purchased periodically. If it belongs to the state or municipal, then it cannot use any software other than licensed one. From January 1, 2014, all suppliers of intellectual property are required to comply 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.” This document is called the “law on public procurement”. The latest edition introduced restrictions on certain groups of software. How the provisions of Federal Law No. 44 regarding the acquisition of intellectual property, ours and foreign, are implemented, read in this article.

Intellectual property – product, service or work?

The Law on Public Procurement - Federal Law No. 44 - considers all possible legal relations between the supplier and the customer:

• at open auctions;
• in auctions on electronic platforms;
• in requesting quotations;
• in transactions through closed selection.

The Law addresses all the nuances of procurement aimed at selling a specific product, work or service. Does intellectual property, namely software, belong to this triad?

REFERENCE! The text of Federal Law No. 44 does not contain direct statements regarding software, so interpretations of the application of this law to software products may differ.

The disposal of objects of intellectual right cannot be fully attributed to the sale of goods, provision of services or performance of work. This is an independent legal relationship, more precisely, a civil law one, regulated by the Civil Code of the Russian Federation. Therefore, you need to pay special attention to the application of Federal Law No. 44 in relation to software:

• when drawing up government contracts;
• when submitting tenders.

Application for tender for the purchase of software

By submitting an application, the participant must agree with the terms of reference. The application form differs depending on whether the product is purchased or the service provided. In the first case, it is necessary to indicate the state where the product was produced. How does such an application deal with intellectual property?

Regulatory authorities regard a software license agreement not as a supply agreement, but as an agreement specifically for the provision of services. However, it is recommended for reinsurance to still declare the country of origin of the goods; in most cases this will be Russia or one of the EEC countries.

Government contract for the purchase of software

By purchasing licensed software, the customer buys not just a box with a program or electronic variant, as well as the right to temporary possession and use. Therefore, it is necessary to conclude not just a contract, but a license agreement, which includes, in addition to the main agreements, important points regarding intellectual property:

• boundaries of rights that are transferred;
• territorial restrictions of their action;
• period of relevance;
• rights and obligations of the customer and contractor.

This agreement should be drawn up as an annex to a government contract or as an “addition agreement” (additional conditions are written on the packaging of the purchased product or a copy of the program).

No purchases outside the Register

In 2016, software as an object of procurement fell under the scope of Decree of the Government of the Russian Federation of November 16, 2016 No. 1236. This act requires that purchased software be limited to what is contained in the Unified Register of Russian Programs for Electronic Computers and Databases. This means that foreign software is strictly limited in favor of domestic software (this is done in order to implement the import substitution program).

What software is limited as a procurement item?

The Government Decree declares what types of software are prohibited. According to this regulatory act, it is prohibited to purchase foreign software if there is a domestic analogue - either directly (under a contract) or by purchasing a license. The following foreign products were subject to restrictions:

• programs for electronic computers;
• databases of other states;
• any exclusive intellectual property rights;
• the right to use the software.

Foreign programs are not allowed to be purchased either in electronic form or recorded on any tangible medium.

There is also a ban on the purchase of certain types of foreign products related to radio electronics, namely portable PCs weighing up to 10 kg (laptops, tablets, laptops, pocket electronic devices, including those combined with mobile phones, etc.).

Exceptions to software limitations

This Ordinance is subject to several specified exceptions. It is still allowed to buy foreign software and the rights to it:

• diplomatic missions of the Russian Federation;
• consulates;
• trade missions of Russia at international organizations on the territory of other states;
• if the software itself or data on its purchase are considered state secrets.

What has changed in software procurement in 2018

Since 2016, customers have been looking for a way to find workarounds to the prohibition order in order to purchase familiar software. This prompted the Government to review the regulations and make a number of changes to the Decree. This happened at the end of 2017, so the new edition became relevant in January 2018.

From the EES - now you can

Russia allowed its customers to buy not only the “native” software product, as was stated in the initial edition, but also to choose from offers coming from the Eurasian Economic Union (Armenia, Belarus, Kyrgyzstan and Kazakhstan). Their software is now included in the Register on a par with Russian ones.

In connection with this permission, an important change affected the structure of the Register of programs approved for purchase. It was split into two:

• including domestic programs and databases;
• software product and databases of EEC states.

What software will not be included in the Register

The new edition of the Resolution has made the requirements for products and databases that can be placed in the Register more stringent. In addition to domestic origin and other requirements that were in force previously, software in the Register:

• should not be forced to be managed or updated from abroad;
• does not have the right to interfere with the use of the product and its distribution on the territory of the Russian Federation and its constituent entities.

There are other significant changes:

• additional conditions for inclusion in the Office Software Register have been introduced;
• the operating procedure of the Expert Council on Domestic Software has been changed;
• The issue of mandatory information security certificate has been revised.

Software procurement algorithm

How should a customer who wishes to enter into a contract for the purchase of software proceed? The principles are as follows.

1. Study the Register.
2. If the required software is available, fill out an application;
3. If the required software is not available, look through the list in search of a domestic analogue.
4. An analogue belonging to the same class has been found - an application for it is being submitted.
5. There is an analogue, but it does not quite suit the customer’s requirements. basic characteristics, or there are no analogues - the purchase of the required software, even foreign, is allowed.

The case for customer requirements

A subtle point: to purchase foreign software, the customer will have to prove that his organization is not suitable for any of the Russian analogues listed in the Register. The evidence must be compelling, and not simply contain the wishes of management or other similar arguments. For this purpose in the United information system(EIS) he is obliged to post a comprehensive justification, including:

• detailed and specific requirements for the purchased intellectual property (properties, characteristics);
• reasons for purchasing software that is not in the Register;
• the class (or several classes) of software that you want to buy;
• comparison of the characteristics of software analogues present in the Register with those required by the customer (significant discrepancies should be detected).

NOTE! Experienced customers do not recommend using justification as an option to purchase any software that bypasses restrictions, except in exceptional situations. Reviewers are often not competent enough to adequately evaluate the justification arguments, so they may simply recognize them as insufficient. In most cases, it is more advisable to remain within the framework of the Domestic Software Register.

Which gives Russian developers an advantage over foreign ones when participating in government procurement. If foreign software has a Russian analogue, which is included in a special register, the customer is obliged to buy it.

The law defines the following criteria for Russian software:

• the exclusive right to it must belong to the Russian Federation or a subject of the Russian Federation, a municipal entity, a Russian commercial or non-profit organization in which more than 50% belongs to Russia, Russian organizations or citizens;
• the copyright holder organization should not be controlled by a foreign person;
• payments to foreign organizations should not exceed 30% of all payments for software;
• The software must be freely available and information about it must not be a state secret.

Exceptions can be made to the restriction. This means that customers can justify the impossibility of buying a Russian analogue if it does not contain required functions. Arguments must be specified in the procurement documentation.

Resolution No. 1236 of November 16, 2015 is in force

The document contains:

• rules for the formation and maintenance of a unified register of Russian programs;
• the procedure for justifying the fact that it is impossible to purchase a Russian-made product.

The register of domestic software has been launched

Until recently, government customers could work on the principle of “no register - no restrictions,” but from February 20, 2016, the register began to fill up. It already includes the applications ABBYY, 1C, Dr.Web, Kaspersky, Bars, Garant and others. In total, there are 4,784 products in the registry, including an analogue of “ Microsoft Office" - the "My Office" program from the Russian developer "New Cloud Technologies".

What do customers do?

1. Enjoy the right to purchase foreign software products to “enhance, expand, or renew licenses for software they already use.” Here, for example, as in this purchase.
2. They announce a tender not for the purchase of software, but for the purchase of computers with preinstalled program, for example, with the same “forbidden” Microsoft Office, supplementing the purchase with the wording “an equivalent is not possible due to the need to ensure compatibility with the customer’s existing software.”
3. They justify the impossibility of purchasing Russian software. For example, as in this purchase.

As in other purchases, customers do not have the right to write that they need a specific manufacturer or program - they describe specifications that suit them. Now, if the Russian program in its functional, operational and technical parameters fully complies with the foreign one, they will not be able to reject it, even if it theoretically worsens the performance of the computer or other programs that run on the basis of this software. It will require very serious evidence that there is no analogue of the same class in the registry.

Nina Vasilyevna Sharaeva, Head of the Procurement Department of the Institute of Mechanisms of the Ural Branch of the Russian Academy of Sciences:

We have already become familiar with the registry, but have not yet purchased software under the new law. Of course, switching to domestic analogues will be difficult. For example, due to the technical features of our servers, it will be difficult to work with anti-virus software Russian development. When the time comes to renew the license, we will specify in the purchase for what purposes we need a current antivirus.

It is necessary to comply with the law, but participants in the public procurement market agree that the interests of the customer must come first. Whether the program is suitable for him and how effectively it will work on existing equipment is up to the customer to decide.

Irina Yavorskaya, head of GosTrader, a company engaged in tender support for customers and suppliers:

If a client asks to prepare a technical specification for the purchase of software, we will first look at what is in the registry. Then we will do a comparative analysis of the foreign and Russian product: does the Russian one fully meet the customer’s requirements? If it is possible to replace it, we will do it. If not, we will look for objective reasons to justify the purchase of foreign software.

What should suppliers do?

If you are a software seller

Conclude licensing agreements with new distributors and manufacturers. Having Russian software among your sales offers will be an advantage.

Be more literate than the customer. Keep track of what your customers buy and remind them of the rules if they break them. The supplier can submit three requests for clarification, and if they do not produce results, contact the regional FAS office with a complaint.

What can the customer do in response to your request, why does he purchase foreign software:

• add justification for the purchase;
• make changes to the terms of reference, taking into account requests for clarification from participants. In this case, the deadline for submitting applications will necessarily be extended;
• cancel the purchase.

Irina Yavorskaya, GosTrader:

The winner is the one who knows how to work with information. The supplier today has the opportunity to find out in advance the customer’s procurement plan and prepare for tenders for the purchase of software. Study the advantages of the Russian analogue and work proactively, for example, undergo training on the necessary software, get partner status and special conditions from the distributor or manufacturer directly.

If you are a copyright holder

It makes sense to get on the register. The procedure is quite long, associated with the consideration of the application by an expert council and the issuance of an order of the Ministry of Telecom and Mass Communications, so the sooner you submit an application on the registry operator’s website, the better.

What else can we expect?

Most likely, similar restrictions on the purchase of software will be adopted by customers under No. 223-FZ, and they purchase much more software. For example, in 2015, state-owned companies purchased 18 times more licenses for Microsoft Office than government agencies.

The issue is being discussed that software from all EEC countries can participate in Russian government procurement (except Russia, it includes Belarus, Kazakhstan, Armenia and Kyrgyzstan).

Foreign manufacturers are preparing to adapt their products to the new rules, for example, create joint developments with Russian manufacturers, and transfer “production” to Russia. This is what Eset did, which began working together with Russian company“Security code” to produce your products within the Russian Federation.