Resolution No. 1867 on the mandatory pre-installation of Russian programs on smartphones
Posted: Thu Jan 23, 2025 9:09 am
The Russian government has approved a list of 40 domestic programs that manufacturers or sellers of smartphones, computers and digital TVs must install on devices before selling them in Russia. The order comes into force on January 1, 2024.
The Russian government has added the news aggregator Zen, the Rutube video hosting service, VK Messenger, and the Rustore app store to the list of mandatory programs for smartphones and tablets. The Yandex search engine has been replaced by Yandex - with Alice. At the same time, Mail.ru News, the OK Live video hosting service, ICQ, and AppList are no longer included in the list of mandatory software.
The list for TVs includes italy whatsapp resource Yandex Browser, as well as video services Amediateka, Kion, Beeline TV, Tricolor Kino and TV Online and Dom.ru Movix. The list of programs for desktop computers and laptops remains unchanged.
Tablets, computers and TVs with Smart TV function sold in Russia came into force in April 2021. The list of applications is approved annually based on the selection of applications submitted by software copyright holders to the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (Ministry of Digital Development, Communications and Mass Media).
It follows from the text of the resolution that pre-installation of software can be carried out by both equipment manufacturers and authorized persons - suppliers or retailers. They can install applications on the hard drive, place a program icon on the device screen for downloading, or show the user a list of programs available for installation when turning on a new device for the first time.
According to Article 14.8 "Violation of other consumer rights" of the Code of the Russian Federation on Administrative Offenses (CAO RF), if the requirements are not met, the manufacturer or seller is subject to administrative liability: the fine for officials is from 30 thousand to 50 thousand rubles; for legal entities - from 50 thousand to 200 thousand rubles.
In April 2022, the Ministry of Digital Development proposed introducing a moratorium on administrative liability for the sale of smartphones, tablets, computers, laptops and smart TVs that do not have domestic software pre-installed. The proposal is due to the fact that since March 2022, the Russian government has allowed parallel imports - the import of goods not directly from the manufacturer and without the consent of the copyright holder. Previously, the majority of foreign manufacturers worked in Russia using the direct import mechanism, in which they themselves brought in the devices and were responsible for compliance with legal requirements.
"Due to the suspension of activities of some foreign companies, the Russian government has allowed parallel import of goods. Parallel import is the delivery of goods to the country not directly from the manufacturer and without the consent of the copyright holder. At the same time, Russian legislation requires that manufacturers of smartphones, tablets, computers, laptops and smart TVs pre-install domestic software. If the software is not pre-installed, the manufacturer and seller must be fined. Given the permission for parallel import, a legal conflict arises," a representative of the Ministry of Digital Development, Communications and Mass Media reported on the agency's Telegram channel on April 4, 2022.
The Russian government has added the news aggregator Zen, the Rutube video hosting service, VK Messenger, and the Rustore app store to the list of mandatory programs for smartphones and tablets. The Yandex search engine has been replaced by Yandex - with Alice. At the same time, Mail.ru News, the OK Live video hosting service, ICQ, and AppList are no longer included in the list of mandatory software.
The list for TVs includes italy whatsapp resource Yandex Browser, as well as video services Amediateka, Kion, Beeline TV, Tricolor Kino and TV Online and Dom.ru Movix. The list of programs for desktop computers and laptops remains unchanged.
Tablets, computers and TVs with Smart TV function sold in Russia came into force in April 2021. The list of applications is approved annually based on the selection of applications submitted by software copyright holders to the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (Ministry of Digital Development, Communications and Mass Media).
It follows from the text of the resolution that pre-installation of software can be carried out by both equipment manufacturers and authorized persons - suppliers or retailers. They can install applications on the hard drive, place a program icon on the device screen for downloading, or show the user a list of programs available for installation when turning on a new device for the first time.
According to Article 14.8 "Violation of other consumer rights" of the Code of the Russian Federation on Administrative Offenses (CAO RF), if the requirements are not met, the manufacturer or seller is subject to administrative liability: the fine for officials is from 30 thousand to 50 thousand rubles; for legal entities - from 50 thousand to 200 thousand rubles.
In April 2022, the Ministry of Digital Development proposed introducing a moratorium on administrative liability for the sale of smartphones, tablets, computers, laptops and smart TVs that do not have domestic software pre-installed. The proposal is due to the fact that since March 2022, the Russian government has allowed parallel imports - the import of goods not directly from the manufacturer and without the consent of the copyright holder. Previously, the majority of foreign manufacturers worked in Russia using the direct import mechanism, in which they themselves brought in the devices and were responsible for compliance with legal requirements.
"Due to the suspension of activities of some foreign companies, the Russian government has allowed parallel import of goods. Parallel import is the delivery of goods to the country not directly from the manufacturer and without the consent of the copyright holder. At the same time, Russian legislation requires that manufacturers of smartphones, tablets, computers, laptops and smart TVs pre-install domestic software. If the software is not pre-installed, the manufacturer and seller must be fined. Given the permission for parallel import, a legal conflict arises," a representative of the Ministry of Digital Development, Communications and Mass Media reported on the agency's Telegram channel on April 4, 2022.