Putin at the Internet Economy Forum
Following the meeting with the participants of the "Internet Economy" held on December 22, 2015, the President of the Russian Federation Vladimir Putin signed, dedicated to the development of the Internet in Russia.
As a reminder, the forum discussed the issues of effective use of Internet technologies in trade, education, medicine, media, and the financial sector. Two round tables were devoted to the issues of IT sovereignty and the relationship between the state and society in connection with the Internet. Based on the results of the discussions, the participants of the forum formulated proposals, which they told Vladimir Putin about. The results of the forum were presented by Herman Klimenko, Chairman of the Board of the Institute for Internet Development, Dmitry Grishin, CEO of Mail.ru Group, Arkady Volozh, Head of Yandex Group of Companies, Alexander Mamut, Head of Rambler & Co, Natalya Kasperskaya, CEO of InfoWatch, Nikolai Molibog, CEO director of RBC.
“I see my assistant Igor Shchegolev here, he is a former minister, now an assistant. We have agreed that if colleagues decide, then everything that you have agreed on here and that you have formulated as the necessary joint work to promote your initiatives, we are ready to hand over to one of your colleagues whom I invited to work in the presidential administration. directly to Igor Olegovich Shchegolev, so that they jointly promote the proposals you have worked out on the platform of the presidential administration, and, naturally, not less, and perhaps more importantly, in the executive bodies in the government and in the regions of the Russian Federation, "said Vladimir Putin in his speech at the "Internet Economy" forum after a meeting with representatives of the IT industry.
The document signed today includes instructions in such areas as support for Russian IT companies, education, finance, information security, and the industrial Internet ("Internet of Things").
Preferences for domestic IT companies
In accordance with the document, the Ministry of Economic Development, the Ministry of Telecom and Mass Communications and the Ministry of Industry and Trade, together with the interested federal executive authorities and the IRI, must submit proposals by June 1 to ensure priority for Russian software and equipment when making purchases. For public procurement, this priority, recall, from 2016 federal law and the corresponding.
This and other instructions were adopted in accordance with the proposals of the participants in the meeting with the President, who represented the IT industry, we quote them here and below from the transcript of the conversation with Vladimir Putin.
I'll start with sovereignty, with the sore subject of import substitution. As you know, a decree was adopted under Federal Law No. 44 on preferences for domestic products. This is very cool, thank you very much ... Of course, we would like this decree to be extended to Federal Law No. 223, that is, to the participation of state-owned companies, because they are, in fact, the main consumers Natalya Kasperskaya
From the text of the instructions
The Ministry of Economic Development of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, the Ministry of Industry and Trade of Russia, together with the interested federal executive authorities and the ANO Institute for Internet Development, submit proposals on amendments to the legislation that would provide priority to Russian software and equipment in procurement. "
Responsible: Ulyukaev A.V., Nikiforov N.A., Manturov D.V., Klimenko G.S.
Further, by September 1, a number of federal bodies were instructed to submit proposals on amendments to legislation aimed at ensuring equal conditions for Russian and foreign companies in the Russian Federation using the Internet. We are talking about the regulation of the activities of large foreign Internet companies that are actively operating in the Russian market and are often in a more advantageous position due to imperfect legislation and are incomparable ó more resources.
... we, as workers in the media Internet industry, would, of course, like to level the playing field with other players who, due to their cross-border, transparency and ease of entry into the market, compete with us, using certain preferences: in terms of tax burdens and requirements of various kind of regulators Alexander Mamut
From the text of the instructions
FAS Russia, the Ministry of Economic Development of Russia, the Ministry of Finance of Russia, the Federal Tax Service of Russia, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation together with the interested federal executive authorities and ANO "Institute for Internet Development" submit proposals on amendments to the legislation aimed at ensuring equal conditions for the conduct of activities by Russian and foreign companies in the Russian Federation using the Internet.
Responsible: Artemiev I.Yu., Ulyukaev A.V., Siluanov A.G., Mnshustin M.V., Manturov D.V., Nikiforov N.A., Klimenko G.S.
By April 1, proposals should also be developed to extend the reduced rates of insurance premiums for domestic companies operating in the field of IT.
The reduced rate of insurance premiums (14% of the payroll) has been in effect in Russia since January 2010. The preservation of benefits is a condition for maintaining the competitiveness of Russian software manufacturers in foreign markets, and in general a necessary condition for working in Russia, since, unlike most industries, in the IT industry, the main production costs are related to personnel wages. However, the position of the Ministry of Finance is not to make any industry-specific exceptions to the rules for collecting insurance payments for companies. At the round table "Internet + sovereignty" of the forum "Internet Economy 2015" Minister of Communications and Mass Media Nikolai Nikiforov spoke about a possible solution to the problem of annual compensation of insurance payments to IT companies, which still means for them 1) the need to find additional funds and 2) even if these funds are compensated, some of them will be lost due to inflation.
Well, the third topic, a very painful topic for us, is benefits. We have benefits, you know, on insurance premiums for these companies. I want to tell you one figure that the volume of circulated software in 2010 was 28 billion rubles, and in 2014 it grew to 102 billion, 3.5 times - the volume of sales of circulated software, that is, companies that fell under the benefits ... But they want to cancel it in 2017. We would really like to ask you to extend it. At the same time, companies such as the Cisco Development Center and Microsoft are now eligible for the benefit, and in principle, I think it would be wise to remove foreign companies from the benefits, thereby reducing and expanding, on the contrary, Russian Internet companies. Natalya Kasperskaya
From the text of the instructions
The Ministry of Finance of Russia, the Ministry of Telecom and Mass Communications of the Russian Federation, the Ministry of Economic Development of Russia, together with the interested federal executive authorities and ANO "Institute for Internet Development", submit proposals on the extension of the reduced rates of insurance premiums for domestic companies operating in the field of information technology.
Responsible: Siluanov A.G., Nikiforov N.A., Ulyukaev A.V., Klimenko G.S.
The Ministry of Economic Development, the Ministry of Education and Science, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Telecom and Mass Communications by September 1 should streamline the selection of promising IT projects for financing projects by development institutions such as Skolkovo, the Advanced Research Fund and others.
We have a large number of institutions that invest in high-tech projects. This is Skolkovo, and FPI, FTP, all kinds of federal targeted programs and so on. I get the feeling that there is no single investment strategy. We propose to create a public investment monitoring center or at least some body that would generate an investment strategy ... Often, import substitution, for example, does not fall under innovation, because it seems to have already been developed, and our companies have always been bad with monetization. And therefore, good technological projects that the country would need may drop out according to some criteria. And it seems to me that it would be wise for the country to invest what will actually bring it the necessary dividends in the future. Natalya Kasperskaya
From the text of the instructions
The Ministry of Economic Development of Russia, the Ministry of Education and Science of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation together with the interested federal executive authorities submit a draft procedure for forming a list of promising information and communication technologies for the selection of projects by development institutions.
Responsible: Ulyukaev A.V., Livanov D.V., Siluanov A.G., Manturov D.V., Nikiforov N.A.
Competence center for software import substitution in government bodies
The Ministry of Economic Development, the Ministry of Telecom and Mass Communications, and other interested authorities must submit proposals on the creation of a Competence Center for Import Substitution in the field of information and communication technologies on the basis of IRI, ARPP "Otechestvenny Soft" and the Expert Center of the Electronic State by April 1.
In addition, we proposed creating a single center of competence for the transition to Russian solutions with public participation. Three organizations are proposed here as the public. This is the Institute for the Development of the Internet itself, the Association of Software Developers, an organization that deals with import substitution, and the Expert Center of the Electronic Government, as such a public organization
( Natalya Kasperskaya
From the text of the instructions
The Ministry of Economic Development of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, FSTEC of Russia, together with the interested federal executive authorities and the ANO "Institute for Internet Development", submit proposals for the creation of a Center of Competence on import substitution in the field of information and communication technologies.
Responsible: Ulyukaev A.V., Manturov D.V., Nikiforov N.A., Selin V.V., Klimenko G.S.
Internet of things
A separate instruction concerns the "Internet of Things", IoT. The main responsible here is the Ministry of Industry and Trade (previously, the Ministry of Industry and Trade and the Fund for the Development of Internet Initiatives (IIDF) will present the roadmap for the development of IoT in Russia by February 2016). The President instructed by November "to submit proposals for the introduction of domestic technologies of the industrial Internet and the formation of the necessary regulatory legal framework."
Prepare proposals for the organization and conduct of research work for the conversion of frequencies for the operation of access networks in order to use technologies in the field of "Internet of Things."
Analyze the effectiveness of measures taken to develop technologies in the field of the Internet of Things as part of the implementation of government programs and roadmap plans for their implementation. If necessary, submit proposals on making appropriate changes to the legislation of the Russian Federation, preventing the formation of cross-industrial open production and service ecosystems based on the "Internet of Things" model From roadmaps developed by the Internet Development Institute
From the text of the instructions
The Ministry of Industry and Trade of the Russian Federation, the Ministry of Energy of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Construction of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, together with the interested federal executive authorities and the Internet Initiatives Development Fund, submit proposals for the introduction of domestic technologies of the industrial Internet, the formation of the necessary regulatory framework and measures of state support.
Responsible: Manturov D.V., Novak A.V., Sokolov M.Yu., Men M.A., Ulyukaev A.V., Nikiforov N.A., Varlamov K.V.
Education
The Ministry of Education and Science has not been forgotten either. Together with the Ministry of Telecom and Mass Communications and Iran, by September 2016, it should ensure the inclusion of courses and disciplines related to the study of domestic developments in the field of information technologies, systems and networks in the educational programs of universities. The problem of teaching mainly foreign technologies and software products in Russian universities was discussed, we recall, on December 21, 2015 at This is an urgent problem, says Professor of the Department of Applied Informatics of the Financial University under the Government of the Russian Federation, Doctor of Economics. Dmitry Chistov: “There are, of course, foreign software products to be studied - for example, operating systems, DBMS. But we have our own applied IT systems that successfully compete with imported ones, and they should be taught in universities financed from the budget, otherwise the university needs to be renamed - not “under the government of the Russian Federation”, but “under the US State Department.” Many colleagues, alas, it is common to think differently. The president's support in this matter is very important and timely. "
By education, there is a problem in that our education, especially in universities, includes training in foreign technologies and learns from foreign technologies. This is understandable, we learn from what we could, from what we have. But, on the other hand, it is necessary to somehow change this approach and, perhaps, recommend even to the Ministry of Education to change the program towards domestic technologies ... Natalya Kasperskaya
From the text of the instructions
The Ministry of Education and Science of the Russian Federation, together with the Ministry of Telecom and Mass Communications of the Russian Federation and ANO "Institute of Internet Development" to take measures to include in the model educational programs of higher education in the field of computer science, computing technology and information security and (or) training courses, disciplines (modules), providing for the study of information technology, systems and networks, issues related to the study of domestic developments in this area.
Responsible: Livanov D.V., Nikiforov N.A., Klimenko G.S.
And by June, "proposals for the creation of a state certification system for electronic educational materials and electronic educational programs" should be ready.
Yes, we are actively involved in training these personnel. We believe that, in principle, these are fundamental problems for future growth ... We understand that these personnel are located mainly in Moscow, large universities are located in Moscow. The only way to scale this model to the whole of Russia is online education, that is, in fact, use the experience of teachers that we have in St. Petersburg, make notes, do online courses and distribute it throughout the country. Thus, we can solve several problems at once. First, we will skip a fairly long period of development of education, because now in the West it is one of the flagship directions. Secondly, in this way we will be able to control quality throughout Russia. Therefore, we had an idea to think about how to include courses that are created by leading IT companies in the programs of universities, and think about how to motivate these universities. Because if there is no motivation, in principle nothing will change Dmitry Grishin
From the text of the instructions
The Ministry of Education and Science of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, the Ministry of Economic Development of the Russian Federation, Roskomnadzor, Rosobrnadzor, together with the interested federal executive authorities and the ANO "Institute for Internet Development", submit proposals for the creation of a state system of certification of electronic educational materials and electronic educational programs for use in education.
Responsible: Livanov D.V., Nikiforov N.A., Ulyukaev A.V., Zharov A.A., Kravtsov S.S., Klimenko G.S.
Information Security
Special attention is paid to the issues of personal data protection and information security. The Ministry of Telecom and Mass Communications, the Ministry of Justice, the FSB, Roskomnadzor and FSTEC must submit proposals to legislation on regulating the processing of data of citizens of the Russian Federation on the Internet by June 1.
... The Internet, in addition to being a good environment, also creates fantastic opportunities for communication and collection of any information from citizens, namely: information about travel, contact, political preferences, income levels, habits, circle of friends, statements and more. And this information is a storehouse of knowledge in order to influence or manipulate people in various ways, which, in fact, is being done. That is, a whole class of new information threats has been created. In my opinion, this data about the citizens of our country - and they are not personal, I would call it personal data, because this is a broader sphere - it is necessary to somehow legislatively regulate, because it is some kind of subsoil ... Information about contacts too ... And it seems to me that here it is necessary to regulate the use of this personal data by any organization. Not only foreign, but any Natalya Kasperskaya
From the text of the instructions
The Ministry of Telecom and Mass Communications of the Russian Federation, the Ministry of Justice of Russia, the FSB of Russia, Roskomnadzor, the FSTEC of Russia, together with the interested federal executive authorities, submit proposals to the legislation on regulating the processing of data of citizens of the Russian Federation on the Internet.
Responsible: Nikiforov N.A., Konovalov A.V., Bortnikov A.V., Zharov A.A., Selin V.V.
For this, it seems to me, it would also be reasonable to create a single center for monitoring the response to threats, an analogue of the SOPKA center - what we have in the FSB for collecting digital threats, computer attacks, and the same for information threats. Remember the attack on Sberbank last year? The attack came from Ukrainian accounts. This completely obvious attack was carried out with the aim of collapsing Sberbank, and, in fact, huge damage was caused to the country. Moreover, now everything is moving to an encrypted connection, and sites like Facebook do not transfer their certificate to the state. Generally speaking, it seems to me that the transfer of certificates to the state should become their responsibility if they work on the territory of the country. Let them pass on their certificate and continue to work. Well, in general, a legal basis must be created to punish such information attacks. That is, there must be a law that would punish for the commission of information attacks. Natalya Kasperskaya
From the text of the instructions
The FSB of Russia, the General Prosecutor's Office of the Russian Federation, the Ministry of Justice of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, Roskomnadzor, FADN of Russia, together with the interested federal executive authorities, submit proposals for organizing monitoring of information threats on the Internet.
Responsible: Bortnikov A.V., Chaika Yu.Ya., Konovalov A.V., Nikiforov N.A., Zharov A.A., Barinov I.V.
By the same date - June 1 - the FSB and the Ministry of Telecom and Mass Communications should prepare "proposals for changing the requirements for encryption of data transmitted over communication networks in the Russian Federation, providing for liability for their violation."
From the text of the instructions
The FSB of Russia, the Ministry of Telecom and Mass Communications of the Russian Federation together with the interested federal executive authorities to submit proposals on changing the requirements for encryption of data transmitted over communication networks in the Russian Federation, providing for liability for their violation.
Responsible: Bortnikov A.V., Nikiforov N.A.
Financial sector
Forum "Internet Economy 2015" also discussed changes in the principles of identifying individuals when they make online settlements and other urgent problems associated with the effective use of Internet technologies to improve the banking sector, with convenience for consumers of banking services. According to representatives of the Central Bank of the Russian Federation, a fundamental decision was made that within a group of organizations it is possible to trust the identification carried out (in person) by any of the organizations included in the group. Management organizations, microfinance organizations, banks, private pension funds can be members of such a group. The Central Bank of the Russian Federation is negotiating with the Ministry of Telecom and Mass Communications in order to make a mechanism for complete remote identification on the basis of ESIA, storing all the data of a citizen necessary for banking operations, which, in turn, imposes increased requirements on the reliability of ESIA.
Deputy Minister of Telecom and Mass Communications Alexey Kozyrev: “In the state authorities in the implementation of electronic services, a solution has already been found on the basis of a single space of trust, we identify and authenticate citizens by electronic signature. We invite the Internet community to also accept this as the main method of legally significant electronic identification, authentication and use it widely, including in commercial services. "
From speeches at round tables "Internet + Society" and "Internet + Finance"From the text of the instructions
The Ministry of Finance of Russia, the Central Bank of the Russian Federation, Rosfinmonitoring, the Ministry of Telecom and Mass Communications of the Russian Federation, together with the interested federal executive authorities, submit proposals for the implementation of uniform approaches to verifying information provided in banking services, including on the Internet.
Responsible: Siluanov A.G., Nabiullina E.S., Chikhanchin Yu.A., Nikiforov N.A.
Government services
Public services provided to citizens online were discussed at the round table “Internet + Society”.
The next are government services. The round table noted some kind of stagnation in the development of electronic government services and a certain risk of fragmentation. A huge number of portals have appeared at the state and regional level, which offer a significant number of government services. Unfortunately, this fragmentation leads to the fact that it is very difficult for citizens to navigate this flow and it is necessary to resume the development of these public services, somehow standardize them and have the principle of receiving services from a single window. In order for it to be convenient not for the departments that lobby their departmental interests there, but for the citizens in the first place. In addition, the information now on different portals differs from one another, and people used to run between departments, now they run between portals, and this situation, of course, is unacceptable.
And in order to somehow improve it, it is necessary to provide instruments of people's control over the provision of electronic state services. That is, to introduce some kind of electronic complaint book
(from a speech at the final plenary session of the forum) Natalya Kasperskaya
From the text of the instructions
The Ministry of Economic Development of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation together with the interested federal executive authorities and ANO "Institute of Internet Development" submit a list of measures to improve the quality of the provision of state and municipal services in electronic form.
Responsible: Ulyukaev A.V., Nikiforov N.A., Klimenko G.S.
From the text of the instructions
The Ministry of Economic Development of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation, Rosfinnadzor, together with the interested federal executive authorities, ensure the introduction of amendments to the legislation aimed at eliminating duplication of expenses by executive authorities, local authorities and budgetary institutions when providing services in electronic form.
Responsible: Ulyukaev A.V., Siluanov A.G., Nikiforov N.A., Smirnov A.V.
At the forum, the President of the FID Ilya Massukh to the President of the Russian Federation Vladimir Putin is the project "Russian Public Initiative" (ROI), created for the publication of proposals from citizens. The President assessed the work of the resource positively and expressed a wish to the authorities to take into account citizens' initiatives published for voting on the ROI website. He also instructed "to work with the audience and pay attention to the wishes of citizens, which are expressed not only in the form of initiatives, but also in the form of appeals."
By May 1, 2015, the Ministry of Economic Development and the Ministry of Telecom and Mass Communications together with interested federal executive authorities, Iran and the Information Democracy Development Fund were instructed to submit proposals for citizens of the Russian Federation.
From the text of the instructions
The Ministry of Economic Development of the Russian Federation, the Ministry of Telecom and Mass Communications of the Russian Federation together with the interested federal executive bodies, ANO "Institute for Internet Development" and the Fund for the Development of Information Democracy and Civil Society "Fund for Information Democracy" submit proposals on the creation of a unified mechanism for recording complaints from citizens of the Russian Federation.
Responsible: Ulyukaev A.V., Nikiforov N.A., Klimenko G.S., Massukh I.I.
Non-discriminatory access of telecom operators to apartment buildings
This issue, among others, was discussed at the round table "Internet + Media", the results of the discussion were communicated to Vladimir Putin at a meeting with representatives of the industry.
... without the availability of infrastructure, it's hard to say that the Internet is penetrating our lives. Today we, as a country, are at a very decent level, but at the same time, there are still some problems. In particular, the connection of fiber-optic cable and the spread of the Internet to multi-storey buildings and distribution to cities, which for some reason have not yet been mastered.
You know, when, for example, we are talking about the arrival of an ambulance at a house or a fire engine, God forbid, homeowners, housing associations open the door without requiring any entrance fee. When telecom operators come in order to establish broadband Internet, realizing the constitutional right of citizens to receive information, some discriminatory barriers are built, that is, some kind of payment is required, something else is there. We will prepare proposals so that at the municipal level it looks like the duty of municipalities - to give such access Alexander Mamut
The President of the Russian Federation, in accordance with the Constitution of the Russian Federation, has a wide range of powers necessary for the implementation of his functions as head of state. These powers affect all aspects of state activity, and the President is ultimately responsible for the coordinated and balanced work of all state structures.
The authoritative powers of the President of the Russian Federation are expressed through the publication decrees and orders ... Currently, the study of the nature of these documents is devoted to the works of legal scholars, political scientists. ... In document science, these types of documents are examined, as a rule, from a historical point of view. ... However, this is not an exhaustive list of documents through which the head of state expresses his will. An important place in the system of official documents of the President of the Russian Federation is occupied by messages and assignments.
Let's consider some aspects related to their characteristics.
The decisive role in the system of formation and implementation of state policy belongs to the President of the Russian Federation as the head of state. By virtue of the norm of Article 80 of the Constitution of the Russian Federation, its powers include ensuring the coordinated functioning and interaction of all government bodies, as well as determining the main directions of the state's domestic and foreign policy. The President implements these functions by approving doctrines, strategies, concepts as well as speaking with annual messages.
It should be noted that the tradition of annual messages in Russia has existed since 1994. A distinctive feature of the message is that its content is presented in the form report, with which the President of the Russian Federation addresses the parliament. But the message is not a normative document, but a kind of appeal to the legislative (representative) branch of government, which declares the position of the head of state on the main provisions of domestic and foreign policy. However, one of the main features of a normative document is inherent in the President's address - its publication in official sources, which actually expands the circle of addressees (in addition to the Federal Assembly) and makes it a direct appeal to the people of Russia. The conclusions formulated by the President and the priorities set out in the message are taken into account by both the parliament and the government when drawing up plans for legislative work.
Thus, at its core, the message is associated with a policy document since it outlines the main directions of the country's development, state and budgetary policy for the near future. The referral of the message to program documents is also confirmed by the federal law "On strategic planning in the Russian Federation" adopted in 2014 ... According to article 15, the message of the President of the Russian Federation is the basis for determining the strategic goals and priorities of socio-economic development and ensuring the national security of the Russian Federation, determining the direction of achieving these goals, the most important tasks to be solved, as well as for developing other strategic planning documents.
The message is at the same time a programmatic document for the President of the Russian Federation himself, since he issues relevant decrees in order to implement it and solve the tasks formulated in it. .
The topics of the annual messages of the President of the Russian Federation depend on the political situation in the country. Otherwise, the form and content of the message are chosen by the President, since there are almost no regulatory requirements for such a document. There were only isolated episodes, mainly affecting the requirements for the text of the message. For example, it was envisaged that in a special section of the message of the President of the Russian Federation the state of the economy of the Russian Federation was stated, strategic goals and priorities of the state's socio-economic policy, directions for the implementation of these goals, the most important tasks to be solved at the federal level, were given the most important target macroeconomic indicators, characterizing the socio-economic development of the Russian Federation in the medium term .
Despite the high status of the messages of the Russian President, the issue of their legal force is considered controversial. There is an opinion that the message is a normative document, in its power equal to the law. There is also an opposite point of view, according to which the message is an official document, which "is not a normative act binding on citizens and officials, since it does not include legal norms." .
A neutral point of view is held by jurists who believe that the presidential messages are in the nature of a political act with elements of administrative functions. They serve as a guideline for the legislative activity of the parliament. At the same time, in relation to the federal government, their imperative is obvious.
The Federal Assembly is an integral part of the democratic mechanism of power, and it cannot disregard the official views of the head of state, therefore, the declared presidential positions influence the drafting of a plan for legislative work of the parliament. There was no case that the Russian parliament did not react in any way to the speeches of the President of the Russian Federation.
Therefore, according to legal scholars, there is a need for a special legal regulation of the legal nature of the annual message of the President of the Russian Federation, which will remove the uncertainty in this matter.
However, the issue of preparing and formalizing the President's message as an official written document remains outside the discussion, and, therefore, open.
As noted, in accordance with the Constitution of the Russian Federation, the President issues decrees and orders that are binding. There is a special procedure for the issuance of decrees and orders. ... The preparation of all documents of the head of state is carried out in a special body - the Administration of the President of the Russian Federation. The Administration is a state body that ensures the activities of the President of the Russian Federation and exercises control over the execution of his decisions. The website of the President of the Russian Federation states that “The Administration prepares draft decrees, orders, assignments, addresses of the President, other documents, including drafts annual messages President to the Federal Assembly " ... In this regard, a more detailed technology for preparing documents issued by the President of the Russian Federation is reflected in the Instruction on Records Management in the Administration of the President of the Russian Federation, one of the editions of which is presented on the Internet. .
It must be stated that the unified form of decrees and orders, including the obligatory composition of the details, was established by the Rules for Processing Documents in the Presidential Administration ... Recommendations on the preparation of draft decrees and orders are also contained in the "Methodological recommendations for the development of instructions for office work in federal executive bodies" , since the executive branch of government in a number of cases acts as a developer of draft documents on issues within the powers of the President. In fig. 1 shows the external form of a copy of the decree. The original of the document bears the personal signature of the President of the Russian Federation. The order of the President of the Russian Federation has a similar external form. The difference lies in the absence of affixing the requisite "place of publication" and the presence of the letter designation "rp" (President's order) in the registration number (the registration number of the President's decree contains only a serial number within the calendar period - one year).
At the same time, despite the high status, neither a specific procedure for their preparation, nor the requirements for their execution are provided for with respect to the President's messages. The expediency of such a regulation is obvious, given the importance of this document. In this case, special attention should be paid to the documented procedure reflecting the progress of the development of the draft message in the Presidential Administration. As for the external form of the message, given that this type of document has signs of a legal act (mandatory publication), it can be assumed that its form is similar to the unified form of a decree and order. It is important to determine the number of copies of the message, since this type of document should be attributed to the documentary fund of the Federal Assembly of the Russian Federation (addressee) and to the documentary fund of the Presidential Administration (author of the document). There is no doubt that the President's message as a document of particular value is subject to permanent storage.
Rice. 1. External form of the decree of the President of the Russian Federation
The following document, the preparation procedure of which is also carried out by the Administration of the President of the Russian Federation - assignment President of the Russian Federation.
In the decree of the President of the Russian Federation "On measures to improve the organization of the execution of orders and instructions of the President of the Russian Federation" prescribed "unconditional and timely execution of orders." At the same time, "the heads of the federal executive authorities and executive authorities of the constituent entities of the Russian Federation bear personal responsibility for the timely and complete execution of the orders of the President of the Russian Federation." It is required “to introduce a system of proactive control in all federal executive bodies and executive bodies of the constituent entities of the Russian Federation, for which to oblige the leaders to provide information in advance on the measures taken to fulfill the orders of the President of the Russian Federation, followed by a report on the results of the work done in due time”. It is necessary "to make representations about bringing officials guilty of untimely or improper execution or non-execution of orders of the head of state to disciplinary responsibility" ... As for the deadlines for the execution of orders, they, as a rule, are indicated in the text of the orders.
Thus, the scope of the instructions covers the entire state system of executive power and the presidential structures proper. The instructions have a pronounced binding character. It is in his instructions that the President, in an administrative form, indicates the need to pay attention to certain problems, gives instructions on the implementation of certain measures, etc. For the executive branch of government, the instruction acts as the primary expression of the will of the head of state, and its failure to fulfill it may be the basis for the resignation of specific officials persons.
Let's consider this act from the document management point of view. The instructions of the President contain the expression of the will of the authoritative subject, which, in order to ensure accuracy, completeness and de jure fixation, must be documented.
An assignment is an individual, targeted act, in each case the executor-addressee of the assignment is indicated, which can be either a ministry (department) as a whole, or an individual official. The list of potential executors turns out to be quite diverse: instructions are addressed to the Government of the Russian Federation and its chairman, individual ministries, ministers, heads and governments of the constituent entities of the Russian Federation, the Presidential Administration and its head, plenipotentiaries. In turn, in the practical activities of ministries and departments, one can find legal acts in which the instruction of the President is cited, in pursuance of which they issue their administrative document, a reference is made to a specific registration number and the date of the instruction as a document.
The only thing that distinguishes the order from most other legal documents in this respect is the absence of a title to the text, that is, one of the obligatory elements of the registration of legal acts.
However, attention is drawn to the fact that the content of the presidential decree does not say anything about “instructions” as a separate type of legal documents mentioned in the heading to its text. The question arises: if the "instruction" means an independent type of document, then what are its distinctive features in comparison with the "order"? And, finally, is a “mandate” a type of legal document?
There is an opinion that the instructions of the President of the Russian Federation are an act with an uncertain status, "unknown to the legal and legal literature and" non-existent "for Russian lawyers" .
There are several reasons. First, it is unclear to what extent the instructions correspond to the constitutional powers of the President. According to the text of the Constitution of the Russian Federation , the powers of the head of state do not include the leadership of the executive branch at all levels, he can only direct the work of the Government. The ability to give direct instructions to other executive authorities or officials is not provided.
Secondly, the uncertainty relates to the content of the orders. The Constitution of the Russian Federation assumes that the President can adopt individual acts, and indicates their possible content - “appointments, dismissals, nominations upon appointment” (Article 83), “suspension of a number of executive acts” (Article 85 ), "Decisions on amnesty, awarding state awards" (Art. 89). However, the content of the instructions does not correspond to this list. Thus, from the point of view of content, only instructions addressed to his Administration and other directly subordinate bodies, as well as some instructions addressed to the Government and its chairman, correspond to the constitutional powers of the President.
Third, and more importantly, in no normative act instructions are established as an independent type of document. According to the Constitution, the President carries out all his legal activities by adopting decrees and orders, no other forms are provided. The President, in his decree on control measures, speaks of “ordering » how about fact but not how about documentary form... Therefore, instructions and instructions should be contained in documents issued by the President, that is, in the same decrees and orders.
Nevertheless, as practice shows, such a type of document as an order of the President has the right to exist. The main idea of this document should not be a directive obligation of its implementation, but a certain direction and attention to a specific problem of the body or official who received this order. In turn, the addressee must himself calculate all the possibilities and risks of completing the assigned task and make an appropriate decision. This is the fundamental difference between instructions and decrees and orders, the mandatory implementation of which is proclaimed by the Constitution of the Russian Federation.
The procedure for the development of instructions from the President is regulated by the Instruction on Records Management in the Presidential Administration.
The instruction sets:
Orders are prepared by the responsible employees of the Administration;
The assignments are presented succinctly and, as a rule, a brief annotation is attached to the draft assignment;
The order is registered in the general department, where it is assigned a registration number of the "Pr-000" type.
The very technology of developing an order in the Instruction for office work is not spelled out in sufficient detail. So, for example, it remains unclear whether the draft order passes the stage of approval or is immediately sent for signing. However, in the "Rules for the execution of documents of the Presidential Administration of the Russian Federation" it is said that "the draft order is endorsed by the executor and the head of the unit or his deputy acting at the moment." The Rules also establish requirements for order execution.
Rice. 2. External form of the instruction of the President of the Russian Federation.
An instruction, in contrast to decrees and orders, can be issued not only on A4-format forms, but also on A5-format forms, since the instruction in some cases in its essence plays the role of a resolution. Figure 2 shows the original order of the President of the Russian Federation. In connection with the status of this document, as well as the format of the form, the State Emblem of the Russian Federation is not located in the center (as in the execution of decrees and orders), but on the left, at the level of the name of the head of state.
To the right of the name of the type of document, the addressee is indicated (without the name of the position). In the Rules, this variable is referred to as "executors of the order". Attention is drawn to the fact that when the artist is designated, the initials of the name and patronymic are indicated, and there is only one initial in the decoding of the President's signature.
The document bears two stamps in the form of a barcode, the purpose of which is not indicated either by the Rules or the Instruction. It can be assumed that one of them is a control mark.
In accordance with the Instructions, the order index consists of the letter designation "Pr" and a serial number. Also on the document there is a second registration number (RD-P7-183), which indicates the head of the department who developed the order (RD is the initials of the first and last name), the department number (P7) and the order number of the order from the beginning of the year (183). As for the last number, it does not match the number of the first index. Based on this, we can conclude that the order is registered twice.
Thus, on the basis of the existing regulation, it is possible to state a certain specificity in the technology of preparation and execution of instructions as an independent type of document.
Within the framework of this article, only a part of the issues related to the peculiarities of the messages and instructions of the President of the Russian Federation as official written documents is touched upon. But the identified problems also testify to the need to study the nature of these types of documents, determine their place in the system of legal documentation, and establish the specifics of their preparation and execution.
See, for example, S.V. Boshno. Regulatory legal acts of the Russian Federation. Scientific and practical ed. M .: Globus, 2005; Kalinin A.M. Normative legal acts of the President of the Russian Federation as the head of state. Theoretical and legal aspect // Law and law. 2011.S. 23-27; Umanskaya V.P. Trends in the law-making activity of the President of the Russian Federation and directions of its improvement // Zakon. 2010.S. 29-35.
See, for example, S.A. Glotova. Decrees as the main administrative documents of the collegiums (XVIII century) // Office work. 2009. No. 3; Artamonova I.I. Changes in the concept and meaning of the Decree in the 17th - 20th centuries. // Office work. 2001. No. 2. S. 87 - 90; Pronina S.A. Reflection of administrative activities in documents of the XIII - XVII centuries // Office work. 2007. No. 3. S. 97 - 100.Decree of the President of the Russian Federation of May 2, 1996 No. 638 "On the procedure for preparing draft decrees, orders of the President of the Russian Federation, providing for the adoption of resolutions, orders of the Government of the Russian Federation" // SZ RF. 1996. No. 19. Art. 2257.
Information about the Presidential Administration // President of Russia [Electronic resource]. URL: http: // kremlin .ru / structure / administration (date accessed 01.06.2015).
In particular, the Order of the Head of the Presidential Administration of the Russian Federation dated March 16, 1992, No. 223 "On Approval of the Instruction on Records Management in the Administration of the President of the Russian Federation" // Consultant Plus [Electronic resource]. URL: http: // base .consultant .ru / cons / cgi / online .cgi? Req = doc; base = EXP; n = 468901 (date of access 06/01/2015).
Order of the Presidential Administration of the Russian Federation dated January 15, 1997 No. 102 "On Approval of the Rules for Processing Documents in the Administration of the President of the Russian Federation" (was not published).
Decree of the President of the Russian Federation of March 28, 2011 No. 352 "On measures to improve the organization of the execution of orders and instructions of the President of the Russian Federation" (together with the "Procedure for the execution of orders and instructions of the President of the Russian Federation") // SZ RF. 2011. No. 14. Art. 1880.
In the same place.
Umanskaya V.P. Trends in the law-making activity of the President of the Russian Federation and directions of its improvement // Zakon. 2010.S. 29-35.
The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated 5 February 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ) // SZ RF. 2014. No. 31. Art. 4398.
On December 29, 2017, President of the Russian Federation Vladimir Putin approved the list of instructions following the results of the annual press conference. Among them is a tax amnesty. By the end of this year, the head of state instructed the government to make amendments exempting from personal income tax income received from January 1, 2015 to December 1, 2017, from which no tax was withheld, but the information was submitted by tax agents to the tax authorities.
Also, according to Vladimir Vladimirovich, it is necessary to provide for the cancellation of arrears on transport tax, property tax and land tax - for citizens, not companies - as of January 1, 2015, and arrears of interest. In addition, it is necessary to write off tax arrears, with the exception of the Mineral Extraction Tax, excise taxes and taxes payable in connection with the movement of goods across the border of the Russian Federation, arrears in fines and fines that have been formed on January 1, 2015 from entrepreneurs and individuals, who have lost this status.
The President also instructed to prescribe a replacement for the deduction provided in calculating the tax base for land tax in the amount of 10,000 rubles deducting the cadastral value of a 600 square meter land plot in relation to one land plot belonging to a taxpayer, and also classify pensioners as taxpayers entitled to such a deduction. ... All this must be done before the end of the year.
Vladimir Putin also pointed out to determine the types of income received as a result of debt forgiveness, which should not be subject to personal income tax, and to set the maximum amount of penalties charged on the amount of arrears.
Several instructions concern the housing sector. By March 2018, it is necessary to ensure the adoption of a law providing for the transition to a system of direct contractual relations between consumers of utilities and resource supplying organizations. Until the end of March - "take comprehensive measures" to prevent an unjustified increase in the amount of payment for housing maintenance. The Ministry of Defense should check the facts of an unjustified increase in the amount of payments for housing and communal services for citizens living in military camps and take comprehensive measures to prevent its increase. The deadline is January 15th.
The head of state also indicated to analyze the practice of providing citizens with "Far Eastern hectares" and to take measures aimed at excluding the possibility of changing the designated purpose and limiting the turnover of such plots.
Among the instructions there is an instruction to support non-profit organizations engaged in the prevention of abortions and to submit proposals for the prevention of offenses related to the circulation of special technical means intended for secretly obtaining information, paying particular attention to the field of electronic commerce. Deadline - until March 15. The Prosecutor General's Office will analyze the practice of applying Article 1381 of the Criminal Code in relation to citizens and submit amendments aimed at meeting the interests of citizens purchasing household technical devices that have signs of special technical means for secretly obtaining information, but not intended for these purposes.
There are new guidelines in the field of medical care. The government, together with the regional authorities, needs to approve the program for the development of oncological dispensaries, providing for co-financing from the federal budget, and submit proposals on the continuation of the program for the development of perinatal centers by April 30. Measures should also be taken to provide equipment and medicines to patients who need them at home.
In 2018-2020, Vladimir Vladimirovich ordered the creation of modern medical outpatient clinics, paramedic and paramedic-obstetric centers in settlements with a population of 100 to 2000 people. And to provide for the use of mobile mobile medical complexes for residents of settlements up to 100 people. The Cabinet of Ministers was instructed to provide additional allocations to the regions in 2018 to co-finance their obligations related to the implementation of these two tasks: 4.35 billion rubles and 3.6 billion rubles, respectively.
By March, the President instructed to submit proposals for the construction of a new bridge over the Uda River in Ulan-Ude and take additional measures to employ fishermen who were left without work as a result of restrictions on the extraction and sale of omul.
The Cabinet of Ministers should also submit proposals on limiting interest rates on loans attracted by regions and municipalities in banks, and on expanding the access of fishery organizations to obtain a share of the quota for the extraction of aquatic biological resources provided for investment purposes.
In addition, Vladimir Putin signed a law that provides for the extension of the maternity capital program until 2021. The document is posted on the official portal of legal information and will enter into force on January 1, 2018. Federal budget expenditures for the implementation of the new law will amount to 1 billion rubles in 2018, 37.9 billion rubles in 2019, and 69.7 billion rubles in 2020. The document signed by Putin introduces an additional opportunity to use maternity capital - it can be used to cover the costs of paid services for preschool education.
The President also signed a law on the ratification of the Agreement between the Russian Federation and Syria on the expansion of the territory of the logistics center of the Russian Navy in the area of the port of Tartus and the calls of Russian warships into the territorial sea, internal waters and ports of Syria.
Another instruction from Vladimir Putin is to make adjustments to the Energy Security Doctrine of Russia and other strategic documents. The President asked to take into account the energy security threats associated with the development of liquefied natural gas production and to identify the main directions in the LNG production policy that will help Russia become one of the leaders in this industry in the medium term.
... read more>President of the Russian Federation Vladimir Putin instructed Prime Minister Dmitry Medvedev to ensure control over the systematic updating of the content of school education, as well as to reduce the extracurricular load on schoolchildren.
Assignment
D.A. Medvedev
Provide:
control over the implementation of a set of measures aimed at systematic updating of the content of general education based on the results of monitoring studies and taking into account modern advances in science and technology, changes in the needs of students and society, focus on the application of knowledge, skills and abilities in real life conditions;
normative and legal consolidation of the provision on the adjustment of federal state educational standards of general education and approximate basic general educational programs, including the list of academic subjects, if there is a scientific justification for the need for such an adjustment in accordance with the priorities of scientific and technological development of the Russian Federation and the implementation plan of the Strategy of scientific and technological development of the Russian Federation;
implementation of measures to integrate educational and educational work within the framework of the implementation of basic general education programs, as well as to reduce the extracurricular load on students by increasing their interest and maximum involvement in the educational process, using modern technologies, teaching and education tools.
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Decree of the President of the Russian Federation of 28.03.2011 N 352 "On measures to improve the organization of the execution of orders and instructions of the President of the Russian Federation" (together with the "Procedure for the execution of orders and instructions of the President of the Russian Federation")
ORDER
FULFILLMENT OF THE ORDERS AND DIRECTIONS OF THE PRESIDENT
RUSSIAN FEDERATION
1. Instructions and instructions of the President of the Russian Federation are given in order to exercise his constitutional powers.
2. Instructions of the President of the Russian Federation are contained in decrees and orders of the President of the Russian Federation, as well as in directives of the President of the Russian Federation, or are drawn up in the prescribed manner on forms with the word "Instructions". Instructions of the President of the Russian Federation may be formalized in the form of lists of instructions of the President of the Russian Federation.
The order and the list of orders of the President of the Russian Federation must indicate the surname (s) and initials of the official (s) to whom the order was (hereinafter referred to as the executor), as well as the time required for its proper execution.
The preparation of draft instructions and lists of instructions of the President of the Russian Federation is carried out by the Administration of the President of the Russian Federation.
The procedure for the preparation of draft instructions and lists of instructions of the President of the Russian Federation and the requirements for their execution are approved by the Chief of Staff of the Presidential Administration of the Russian Federation.
3. Instructions of the President of the Russian Federation are drawn up in the form of resolutions. If the deadline for its execution is not specified in the order of the President of the Russian Federation, it is established by the Head of the Presidential Administration of the Russian Federation or by the Assistant to the President of the Russian Federation - the head of the Control Directorate of the President of the Russian Federation.
4. The contractor is obliged, no later than the established time limit, to submit a report addressed to the President of the Russian Federation, which should reflect the specific results of the execution of the instructions or instructions of the President of the Russian Federation.
If an order or instruction of the President of the Russian Federation has been given to several performers, a report addressed to the President of the Russian Federation on its implementation shall be submitted by the performer indicated in it first. At the same time, he is responsible for the timely submission of a report on the execution of the order or instructions of the President of the Russian Federation.
Reports submitted to the President of the Russian Federation, in the manner prescribed by the Chief of Staff of the Presidential Administration of the Russian Federation, are considered by the Administration of the President of the Russian Federation and reported to the President of the Russian Federation.
If, as a result of the execution of an order or instruction of the President of the Russian Federation, a draft federal law was submitted to the State Duma of the Federal Assembly of the Russian Federation or an act of the President of the Russian Federation or the Government of the Russian Federation was issued, then instead of a report addressed to the President of the Russian Federation to the Control Directorate of the President of the Russian Federation performance information is provided.
5. If necessary, on the basis of the instructions of the President of the Russian Federation, by the decision of the Chief of Staff of the Presidential Administration of the Russian Federation, a draft instruction of the President of the Russian Federation is being prepared. In the event of its signing, the corresponding instruction of the President of the Russian Federation is removed from control.
The preparation of the draft instruction of the President of the Russian Federation based on the results of consideration of the report on the execution of the instruction of the President of the Russian Federation is carried out by the Control Directorate of the President of the Russian Federation together with interested independent units of the Administration of the President of the Russian Federation.
6. If there are circumstances that prevent the execution of the order of the President of the Russian Federation within the specified time period, the executor shall submit to the President of the Russian Federation substantiated proposals for adjusting the deadline not later than half of the specified time period.
If, in the course of the execution of an order or instruction of the President of the Russian Federation, circumstances arose that impede its proper execution within the prescribed period, the executor shall submit a report to the President of the Russian Federation indicating the reasons preventing its timely execution, specific measures taken to ensure its execution, and proposals to extend the deadline.
The decision to adjust the deadline for the execution of the order of the President of the Russian Federation or to extend the deadline for the execution of the order or order of the President of the Russian Federation shall be made by the President of the Russian Federation, or the Head of the Presidential Administration of the Russian Federation, or the assistant to the President of the Russian Federation - the head of the Control Directorate of the President of the Russian Federation.
The decision to extend the deadline for the execution of the order of the President of the Russian Federation, the deadline for which was extended twice, is made by the President of the Russian Federation or the Head of the Presidential Administration of the Russian Federation. The decision to extend the deadline for the execution of the order of the President of the Russian Federation, the deadline for which has been extended three times or more, is made by the President of the Russian Federation.
The Administration of the President of the Russian Federation is preparing a conclusion on the validity of the proposal made by the executor to extend the deadline for the execution of the instructions of the President of the Russian Federation.
7. The decision to remove an order or instruction of the President of the Russian Federation from control is made by the President of the Russian Federation, or the Head of the Presidential Administration of the Russian Federation, or an assistant to the President of the Russian Federation - the head of the Control Directorate of the President of the Russian Federation.
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