Restrictions and measures of state support for business: the digest for 5–18 August 2024

DRAFT LAWS

The procedure for switching to trusted software and hardware complexes at significant CII facilities

The Russian Government’s draft decree

Public discussions are now taking place.

Amendments have been proposed to the rules for how subjects of Russia’s critical information infrastructure should switch to the priority use of trusted software and hardware complexes (SHCs) at significant facilities of critical information infrastructure (CII) (see the Russian Government’s Decree No. 1912 dated 14 November 2023). Specifically:

• a detailed description has been specified as to the format in which the plan for the switch must be submitted;

• it has been established that the compulsory requirements apply not only to the SHC, but also to radio-electronic products that are used within such SHC (including telecommunications equipment). Such products along with the SHCs are entered into the unified register of Russian radio-electronic products or into the register of Russian industrial products.
  
  

LEGISLATION

The President has signed the following federal laws:

• on simplifying the procedures of obtaining a licence, on making changes in the register of licences and on providing other public services in the area of licensing. The effect of Federal Law No. 294-FZ dated 26 December 2008 has been extended until 31 December 2025 with respect to a number of types of control, including antitrust control, and situations when a notification is given about the start of individual types of entrepreneurial activities ( No. 310-FZ dated 8 August 2024);

• on specific aspects of regulating corporate relationships in economically significant companies (see Federal No. 470-FZ dated 8 August 2024);

• on simplifying the procurement procedure for Russian products ( No. 318-FZ dated 8 August 2024);

• on the effect of Federal Laws No. 127-FZ “On measures of combating (counteracting) the hostile actions of the United States of America and other foreign states” and No. 281-FZ “On special economic measures and coercive measures” dated 4 June 2018 and 30 December 2006, respectively, being extended to branch offices of foreign legal entities operating in Russia ( No. 275-FZ dated 8 August 2024);

• on amending the regulation in the field of corporate relationships. Specifically, the competence of the general meeting of shareholders/members has been set out in greater detail, including with respect to delegating powers to other bodies of the company ( No. 305-FZ dated 8 August 2024);

• on establishing differentiated fines for obstructing anti-cartel inspections ( No. 262-FZ dated 8 August 2024 , see Pepeliaev Group’s comment);

• on prohibiting a user from hosting advertising on a personal webpage that the user has created if the audience has exceeded 10,000 people and no information regarding this webpage has been included in the special register of the communications regulator Roskomnadzor ( No. 303-FZ dated 8 August 2024, see Pepeliaev Group’s comment).
  
  

New items have been added to the list of cutting-edge technologies for concluding special investment contracts (‘SPIC’)

The Russian Government’s Instruction No. 2141-r dated 12 August 2024

Came into effect on 12 August 2024.

The list has been expanded of modern technologies for entering into special investment contracts (see the Russian Government’s Decree No. 3143-r dated 28 November 2020).

Included in the list are technologies that may be applied, including in medicine and pharmaceuticals, as well as the chemical and radio-electronic industries, machine building and metallurgy.