Guide to registering a program in the Russian software registry
2. Confirmation of exclusive rights to software
4. Accounting and corporate documentation
5. Website and description of the software on it
6. Other documents and information
1. Technical documentation
This block of documents is the most important and voluminous:
User manual + installation instructions (except web services)
Description of functional characteristics
This document contains a description of all software functionality, requirements for the user's hardware and software, the server part (if any), or a description of the devices for which it is intended.
Life Cycle Description
In this document we describe the improvement and troubleshooting of faults identified during operation, and talk about the personnel and their competencies involved in technical support and software improvement.
Description of technical means for storing and compiling code + license keys (if available)
List of third-party components + description of technical architecture (optional)
We usually combine the description of these two points into one document. In it, we list all third-party components, libraries, frameworks, DBMS and IDE that are required from the moment of writing to the operation of the software. We indicate distribution licenses and hyperlinks to them.
In addition to the components prohibited for use (current versionbut the list is not limited to them!), it is necessary to understand the licenses of “open source” programs: conditions of use in software of different architectures, conditions of distribution and patenting, “virality”, and so on. The topic is too broad and will be covered later in a series of separate articles. But it is necessary to understand it, since the presence of BSL, GPL or other problematic licenses in the used components can serve as a serious obstacle to registering the software in the list of Russian ones.
2. Confirmation of exclusive rights to software
This block of documents must confirm that the copyright holder has exclusive rights to the program throughout the world. The main options are:
a package of internal documents, when developed by company employees;
third party development.
Internal development within the framework of official powers, the official assignment is shown by a set of orders, acts, technical assignments and the placement of the program on the balance sheet as an intangible asset.
Third party development more diverse: development agreement, alienation agreement and author's commission agreement. Each of them has its own specifics, but the list of documents for registration in the Russian software registry is the same: agreement, acts and specifications to it, additional agreements (if any), intangible asset card.
There may also be mixed cases, when the software was written by employees and third-party developers or was purchased with the possibility of modification and then finalized within the company. The topic is broad and requires a separate detailed analysis. There are many different options and potential problems, they require attention to detail so that the package of title documents not only meets the requirements of the Ministry of Digital Development when registering a program, but also does not have potential problems for the company from the point of view of the Civil Code. Frequently encountered problems that require solutions: no documents at all, no software name in contracts and acts, poorly spelled out transfer of rights, no payments from the company to the copyright holder and the author.
The Rospatent Certificate is worth mentioning separately. This document is not mandatory! We can indicate the information from it in the application, or we can not indicate it.
3. Test copy of the software
Desktop, application, office applications
We attach to the application the installer file or instructions, a link to the file archive for “manual installation”.
Client-server architecture software, server programs
For such software, we need to provide the expert with access not only to the user part, but also to the server part. Therefore, the options are as follows: in the form of remote access (usually via SSH), request a demonstration by your technical specialist to the remotely connected expert (we will tell you more about this option below) or in the form of a pre-configured virtual machine image with explanatory instructions.
Mobile applications for iOS and Android
There is no choice here: you will have to transfer the source code of the application and/or the *.apk file (for Android projects).
Embedded software, firmware
We request a demonstration by your technical specialist to a remotely connected expert, he can attach a compiled file. In our practice, this has not happened, but they may ask to show parts of the source code.
We will tell you more about remote demonstration of work to an expert. If we choose this option, we indicate it in the application and leave the contacts of the technical specialist. During the examination, the expert and the technical specialist contact, agree on the time and circumstances of the demonstration, the method of communication (Anydesk, Telemost, etc.). The demonstration takes no more than 20 minutes, during which the functionality of the software is shown, and the expert asks technical questions.
The technical specialist's contact details should be left in any case, no matter which option for displaying a copy of the software is selected.
4. Accounting and corporate documentation
With this information we must confirm two mandatory requirements for applicants:
the share of foreign citizens and companies must be less than 50%;
royalties in favor of foreign copyright holders for the previous year under licensing and other agreements must not exceed 30% of the revenue from the software.
To confirm the first point, the owner-sole proprietor does not need to attach any documents. In addition to the Charter with the Federal Tax Service mark, the organization must attach documents disclosing the chain of ownership to the ultimate beneficiaries (there must be documentary evidence that more than 50% belongs to the following ultimate beneficiaries: individuals who are citizens of the Russian Federation, the Russian Federation, a constituent entity of the Russian Federation, a municipality, a Russian non-profit organization without a predominant participation). For an LLC, such a document is an extract from the Unified State Register of Legal Entities. For a joint-stock company – an extract from the register of shareholders. For public-law corporations – a federal law. For budgetary institutions – an extract from the Unified State Register of Legal Entities. For a foreign company – an extract from the trade register of the relevant country with a notarized translation into Russian (in practice, a document no older than 3 months is accepted, although this period is not specified in the regulations).
It is necessary to disclose information about the founder/s: passport data, registration address. When the chain of indirect participation is complex, it is better to clearly demonstrate in a separate document that the share of more than 50% belongs to the persons whose information we have disclosed.
If there are no deductions in favor of foreign copyright holders, then only an information letter signed and sealed by the organization will be required. Otherwise, we need to prepare: an accounting certificate of payments with the amount of payments to foreign companies for the previous year, an agreement or other document for the paid software, a payment order, a statement of revenue for our program, a balance sheet, etc.
The presence of payments to foreigners and the absence of revenue for software last year is a formal violation of the requirements of the Ministry of Digital Development when including software in the register, so you have to be creative. A simple example: when using a paid IDE, we indicate the use of a free alternative.
5. Website and page with software description
To confirm the rights to the domain, you must attach a certificate from the domain name registrar. If the domain administrator is not the copyright holder, then an agreement on use must be drawn up in his favor. It is often written that the site must be in the Russian segment of the Internet, but this is only a recommendation, not a mandatory requirement.
There should be a page created on the site (or 2, if you want to post information about the price of the software separately), but which contains the following information:
user manual;
description of the functional characteristics of the software;
information required to install the software;
information about the cost of software.
This information can be located both on the page itself and in separate files, links to which are located on the software page. Files with information can be combined and combined with each other, but it is important to clearly indicate the information contained in them in the names of the links and the files themselves. If the software is not supposed to be installed by users, then this must be clearly stated, as well as who and at what stage installs the software or that the software is a SaaS solution.
Check that the page contains information about the cost software, or information on the procedure for determining the price (specific calculation methods are indicated or a phrase such as “the cost of the software is calculated individually” and contacts are indicated that can be used to determine the cost), or information on the possibility of using the software under an open license or other free license agreement, or information that “the cost of the software is included in the cost of the supplied equipment and is not allocated separately.”
6. Other documents and information
The mandatory data that will be required when filling out the application will be the Main class of software, a brief description and functional characteristics of the product, which are reflected in the register.
We define the software class by classifierbased on the description of classes and the functionality of the project. In addition to the main one, you can select several additional classes. During the examination, if the expert considers the class you have selected unsuitable, he will refuse to register the application. In this case, the expert can exclude additional classes even without notifying the applicant.
Machine-readable power of attorney for filing an application
From September 1, 2024, the only case when this document will not be required will be the submission of an application by the CEO (or another person authorized to act on behalf of the organization without a power of attorney) and the signature of his/her qualified electronic signature. In this case, the application can be submitted by any person who has a qualified electronic signature and has attached the MChD obtained through the website https://m4d.nalog.gov.ru/emchd/create.
The powers that must be selected according to the classifier for filing applications in the register of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation: RRPO.0001 and RRPO.0002.
In different situations, other documents may be required, in addition to the standard set described above: an agreement and information letter from an organization engaged in software modernization and technical support, a memorandum of association, decisions of the sole founder, and so on.
7. Stages of examination
After collecting all the documents, preparing the site and a test copy of the software, website of the Ministry of Digital Development registry An application is filled out and signed with an electronic signature. After this, the application is assigned the status “new”.
If everything is completed correctly, the status path will look like this: “New” >>> “Submitted for registration” >>> “Registered” >>> “Expert assessment being prepared” >>> “Expert assessment given” >>> “Preparing for voting” >>> “Included in the register”. The “Refusal to register” status will be received if the set of documents is incomplete, there are errors in the documents, or if the requirements of PP 1236 are not met, which is discovered during the initial verification of the documents.
The status “Under revision by the applicant” means that the expert has questions when assessing the software. The questions can be read by opening the application through the My Applications section on the Ministry of Digital Development website, and they will also be sent to the email linked to the applicant’s State Services.
The status “Refusal to include in the register” means that during the examination, non-compliance with the mandatory requirements of Resolution 1236 was established. At the same time, there is no ban on re-filing an application for a year, as many write! This rule only applies to refusal when forgery on the part of the copyright holder is detected.
The timeframe for conducting an examination by the Ministry of Digital Development is currently 1 to 2 months. The timeframe for the preparatory stage is 5-15 days, if you have experience. If you are preparing for the first time and there is no technical documentation for the project, then allow 1.5-2 months for preparation.
Conclusions
Software developers need to include software in the Ministry of Digital Development in order to avoid paying VAT when receiving profit from their product. It will also help when a company obtains IT accreditation to receive other perks and is necessary for further registration of the PAC in the Ministry of Digital Development register.
If you have any questions, please write to us https://t.me/savecons or ask in the comments.
