Pre-installation does not go in parallel – Gazeta Kommersant № 57 (7258) from 04.04.2022

More than half (53%) of Russians continue to use foreign applications, despite the pre-established domestic ones, BCGroup and MyOffice found out. But due to sanctions and the cessation of supplies to Russia of many foreign electronics brands, further enforcement of the law may be in question, other experts say. On smartphones imported without the permission of the brand owner, the pre-installation requirements will not be met by the manufacturer, and sellers face fines of up to 200 thousand. руб.

Kommersant got acquainted with a study by BCGroup and New Cloud Technologies (MyOffice office suite) on the impact of the law on the pre-installation of Russian software on the habits and perceptions of users of smartphones, PCs and tablets. The companies conducted a survey of about 3 thousand. users who have purchased the device since the law came into force on April 1, 2021.

It turned out that 53% of Russians continue to use foreign applications, 35% – began to use domestic more actively, and 12% – always preferred them.

User loyalty to the initiative has grown: if in September-October 2021 44% of respondents were positive about it, in February-March 2022 – already 57%.

The law on presetting was adopted in November 2019. Manufacturers of smartphones, tablets, computers and TVs Smart TV are required to pre-install Russian software 16 classes (see table). Six months after the rules came into force, most buyers ignored pre-installed services (see Kommersant, October 7, 2021).

The future of the pre-installation program depends on how foreign manufacturers will behave, says Sergei Kudryashov, Deloitte’s partner in the CIS risk management department. Against the background of the military operation in Ukraine, deliveries to Russia were stopped by Apple, Dell, Samsung, Asus, Lenovo. These companies did not respond to Kommersant’s request.

Most foreign manufacturers worked in Russia under the direct import mechanism, under which they themselves brought devices and were responsible for compliance with legal requirements. At the end of March, due to sanctions, the Russian Federation legalized parallel imports, ie the import of goods without permission from the right holder, manufacturer or dealer (see Kommersant, April 1). In this case, equipment is imported that is made, for example, for China, explains Mr. Kudryashov.

“No pre-installation requirements will be met, as the product is not adapted for the Russian market,” he said.

If the pre-installation requirement is not met when selling technically complex goods, an administrative case will be initiated against the seller, Kommersant assured Kommersant. The administrative fine for violation can make from 30 thousand. up to 200 thousand rub., specified the teacher of Moscow Digital School Roman Lukyanov. To avoid such risks, he explained, vendors are authorized to pre-install software on their own or offer the buyer to do so in the store. “This will still be a formal violation of Art. 14.8 of the Administrative Code, but can exclude liability, “- he said. According to Mr. Lukyanov, the solution to the problem requires amendments to the government decree of 1867, which determines the list of goods with pre-installed Russian software.

It will be very difficult to check the goods imported as part of parallel imports for compliance with the law on mandatory pre-installation of domestic software, this will require opening boxes and launching devices, said a representative of the Association of Trade Companies and Manufacturers of Household and Computer Equipment (Apple, Huawei, LG etc.) Anton Guskov. In his opinion, against the background of the economic situation in Russia, a moratorium is needed to expand the list of programs subject to mandatory pre-installation. Petr Shcheglov, director of product marketing at MyOffice, objects to this: “In conditions when foreign software developers threaten to block and remove their applications from the Russian region, Russian applications will help keep the devices working.”

Julia Stepanova

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