New accreditation procedure for IT companies effective 1 October 2022

The Russian government on 30 September 2022 issued the decree “On Approval of the Regulations on State Accreditation of Russian Organisations Conducting IT Activities”[1]. The decree took effect on October 1. After a two-month break (the accreditation service was temporarily suspended since 1 August) it is again possible to undergo the IT company accreditation procedure, but according to new standards.

From now on, only companies that meet the following requirements can be accredited:

  • The company’s principal activity is activity according to the Russian Classification of Economic Activities codes 26.20.4, 46.51.2, 58, 47.91.2, 58.2, 59.14, 60.10, 60.20, 62.0, 62.01, 62.02, 62.02.1, 62.02.4, 62.02.9, 62.03, 62.03.1, 62.03.11, 62.03.13, 62.09, 63.1, 63.11, 63.11.1, 63.11.9, 63.12, 63.91, 73.1, 73.20.1, 74.90.9, 85.30, 85.41, 85.42. However, if the company’s principal activity is, for instance, production of data protection equipment (code 26.20.4), the state accreditation can be granted for additional types of activity according to the Russian Classification of Economic Activities groups 62 and 63.
  • Average monthly payments to employees for the last three months of the reporting period preceding the accreditation are not lower than the average monthly salary in the Russian Federation or in the Russian Federation subject where the company is registered.
  • If the company does not meet the previous criterion, it may apply for accreditation under two additional conditions. The first condition is that the company is the right holder of a computer program included in the Unified Register of Russian Computer Programs. The second condition is that the company has received revenue from using the copyright to the program during the year preceding the application for accreditation.
  • Based on the results of the year preceding the application, the income from IT activities is more than 30% of the company’s total income. If a company applies for accreditation during the year in which it was registered, and its income exceeds 1 million rubles, the share of income from IT-activities should amount to over 30% of total income of the company for the current year.
  • A company established less than 3 years prior to applying for accreditation and included in the start-up registry of Russian Federation subject is eligible for accreditation regardless of compliance with the previous point (but subject to the other conditions).
  • The official website of the company contains up-to-date data about the company’s IT activities, in particular about services rendered and products developed. If the company’s products are included in state registers (for example, the Register of Computer Programs), this information should also be placed on the website.
  • The company has submitted an application for disclosure of tax secrets (this should be done prior to submitting an application for accreditation).
     
    There is also a list of conditions under which a decision will be made to refuse to accredit a company:
  • The share of the Russian Federation or a Russian Federation subject in the company is at least 50%;
  • The organization is a state or municipal institution, state or municipal unitary enterprise, state company, state corporation, or public-law company;
  • The organization is a bank; a non-banking credit organization; a non-credit financial organization; an insurance organization; an operator holding a significant position in the public communications network; an open joint-stock company in respect of which the positions of the Russian Federation, as a shareholder, are determined in accordance with a special government order[2].
  • The company has more than 3,000 rubles in outstanding taxes, fees, fines, etc.;
  • The person holding the position of the organisation’s sole executive body has an unexpunged or outstanding conviction;
  • The company has not consented to disclosure of tax secrets.
     
    The application for state accreditation is submitted through a personal account on the “Gosuslugi” website. The notification of the authorised body’s decision is also sent via the personal account. Companies already accredited may be inspected to confirm that they continue to meet the accreditation criteria.

[1] Decree of the Government No. 1729 dated 30 September  2022 “On Approval of the Regulations on State Accreditation of Russian Organizations Conducting IT Activities”.

[2] Decree of the Government of the Russian Federation No. 91-r of 23 January 2003 (revised on 12 September 2022) “On the List of Joint Stock Companies with Respect to Which the Position of the Russian Federation, as a Shareholder, is Determined by the Government of the Russian Federation, the Chairman of the Government of the Russian Federation or, on his Order, by the Deputy Chairman of the Government of the Russian Federation”.

 
Vera Zotova
Senior Associate, PhD in Law

+7 931 210 50 03
St. Petersburg

 
Olga Nechaeva
Trainee

+7 921 639 65 71
St. Petersburg