FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2022 No. 584-FZ

About introduction of amendments to the Federal law "About Information, Information Technologies and on Information Security"

Accepted by the State Duma on December 21, 2022

Approved by the Federation Council on December 23, 2022

Article 1

Bring in the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" (The Russian Federation Code, 2006, No. 31, Art. 3448; 2014, No. 48, Art. 6645; 2019, No. 49, Art. 6985; 2022, No. 50, Art. 8792) following changes:

Article 10 to add 1) with parts 8 - 10 following contents:

"8. It is forbidden by provision of the state and municipal services, accomplishment of the state or municipal task, and also in case of realization by state-owned companies, state and municipal unitary enterprises, the public companies, economic societies in which authorized capital share of the Russian Federation, the subject of the Russian Federation, the municipality in total exceeds fifty percent, credit institutions, not credit financial credit institutions which perform the types of activity specified in part one of article 76.1 of the Federal Law of July 10, 2002 to No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)", subjects of national payment system of goods, works, services, property rights use of the information systems and (or) programs for electronic computers belonging to foreign legal entities and (or) foreign citizens, which are intended and (or) are used for exchange of electronic messages only between users of these information systems and (or) programs for electronic computers in case of which the sender of the electronic message determines the receiver or receivers of the electronic message and placement by users of Internet network of public information is not provided in Internet networks, for transfer of payment documents and (or) provision of information containing personal data of citizens of the Russian Federation, data on money transfers within the applied forms of clearing settlements, the data, necessary for implementation of payments and (or) data on accounts (deposits) of citizens of the Russian Federation in banks.

9. The connection to the information systems and (or) programs for electronic computers specified in part 8 of this Article, other information systems, providing possibility of money transfer of citizens of the Russian Federation within the applied forms of clearing settlements is forbidden.

10. The federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication posts on the official site in Internet network the list of information systems and (or) programs for the electronic computers specified in part 8 of this Article. The procedure for forming and placement of such list is determined by the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication.";

To add 2) with Article 10.7 of the following content:

"Article 10.7. Obligations of the owner of service of placement of announcements

1. The owner of the website and (or) the page of the website in Internet network and (or) information system and (or) the program for electronic computers which are intended and (or) are used for the organization of interaction of their users among themselves for the purpose of purchase and sale, exchange and (or) transfer to use of personal and (or) real estate, performance of works, rendering services, search of suitable work and (or) matching of necessary workers due to provision to their users of opportunity to independently place announcements in state language of the Russian Federation, state languages of republics within the Russian Federation or other languages of the people of the Russian Federation of purchase and sale, exchange and (or) transfer to use of personal and (or) real estate, performance of works, about rendering services, about search of suitable work and (or) matching of necessary employees, thematically grouped depending on contents of such announcements, and also due to provision to their users opportunities to address independently according to such announcements and access to which within a day constitutes more than hundred thousand users of Internet network who are in the territory of the Russian Federation (further - the owner of service of placement of announcements) shall observe requirements of the legislation of the Russian Federation, in particular:

1) not to allow use of the website and (or) the page of the website in Internet network and (or) information system and (or) the program for electronic computers which are intended and (or) exchanges and (or) transfers to use of personal and (or) real estate, performance of works, rendering services, search of suitable work and (or) matching of necessary workers due to provision to their users of opportunity to independently place announcements in state language of the Russian Federation, state languages of republics within the Russian Federation or other languages of the people of the Russian Federation of purchase and sale, exchange and (or) transfer to use of personal and (or) real estate, performance of works, about rendering services, about search of suitable work and (or) matching of necessary employees are used for the organization of interaction of their users among themselves for the purpose of purchase and sale, thematically grouped depending on contents of such announcements, and also due to provision to their users of opportunity to address independently according to such announcements and access to which within a day constitutes more than hundred thousand users of Internet network who are in the territory of the Russian Federation (further - service of placement of announcements), for the purpose of making of penal acts, disclosure of the data which are the state or other specially protected by the law secret, the distribution of the materials which are containing public calls for implementation of terrorist activities or publicly justifying terrorism, other extremist materials, and also materials propagandizing pornography, violence and cruelty and the materials containing strong language;

2) not to allow distribution of information with the purpose to slander the citizen or separate categories of citizens on the bases of sex, age, racial or national identity, language, the relation to religion, profession, the residence and work, and also in connection with their political convictions;

3) to observe prohibitions and restrictions, stipulated by the legislation the Russian Federation about referendum and the legislation of the Russian Federation on elections;

4) to observe the rights and legitimate interests of citizens and the organizations, including honor, advantage and goodwill of citizens, goodwill of the organizations;

5) to place on service of placement of announcements the e-mail address for the direction to the owner of service of placement of announcements of legally significant messages, and also the surname and initials (for physical person) or the name (for the legal entity);

6) to establish one of the offered federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and the communication intended for determination of number of users by information resource in Internet network of programs for electronic computers;

7) to provide integration and interaction of service of placement of announcements with single system of identification and authentication and the federal state information system "Single Portal of the State and Municipal Services (Functions)" in cases and procedure which are established by the Government of the Russian Federation.

2. The federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication keeps the register of services of placement of announcements. For the purpose of ensuring forming of the register of services of placement of announcements the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication:

1) will be organized by monitoring of information resources;

2) approves technique of determination of number of users of information resources in days;

3) has the right to request information necessary for maintaining such register from the owner of service of placement of announcements and other persons. Specified persons shall provide required information not later than within ten days from the date of receipt of request of the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication.

3. In case of detection in Internet network of information resource which is intended and (or) it is used for the organization of interaction of its users among themselves for the purpose of purchase and sale, exchange and (or) transfer to use of personal and (or) real estate, performance of works, rendering services, search of suitable work and (or) matching of necessary workers due to provision to its users of opportunity to independently place announcements in state language of the Russian Federation, state languages of republics within the Russian Federation or other languages of the people of the Russian Federation of purchase and sale, exchange and (or) transfer to use of personal and (or) real estate, performance of works, about rendering services, about search of suitable work and (or) matching of necessary employees, thematically grouped depending on contents of such announcements, and also due to provision to its users of opportunity to address independently according to such announcements and access to which within a day constitutes more than hundred thousand users of Internet network who are in the territory of the Russian Federation including consideration of the corresponding appeals of public authorities, local government bodies, citizens or organizations, the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication:

1) is recognized by information resource service of placement of announcements and includes it in the register of services of placement of announcements;

2) person determines provider of hosting or other providing placement of service of placement of announcements in Internet network;

3) is sent to provider of hosting or person specified in Item 2 of this part by the notification in electronic form in the Russian and English languages about need of provision of the data allowing to identify the owner of service of placement of announcements;

4) fixes date and time of the direction of the notification specified in Item 3 of this part to provider of hosting or person specified in Item 2 of this part in the corresponding information system.

4. Within three working days from the moment of receipt of the notification specified in Item 3 of part 3 of this Article, the provider of hosting or person specified in Item 2 of part 3 of this Article shall provide the data allowing to identify the owner of service of placement of announcements.

5. After data acquisition, specified in Item 3 of part 3 of this Article, the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication sends to the owner of service of placement of announcements the notification on inclusion of its information resource in the register of services of placement of announcements with indication of the requirements of the legislation of the Russian Federation applicable to these information resources.

6. The owner of service of placement of announcements who received the notification specified in part 5 of this Article shall within two months from the date of its obtaining provide in the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication, the documents testimonial of observance of requirements of parts 7 and 8 of this Article.

7. The citizen of the Russian Federation who does not have nationality of other state or the Russian legal entity can act as the owner of service of placement of announcements.

8. If other is not provided by the international treaty of the Russian Federation, the Russian legal entity specified in part 7 of this Article is the legal entity who is under control of the Russian Federation, and (or) the subject of the Russian Federation, and (or) the municipality, and (or) the citizen of the Russian Federation who does not have nationality of other state and (or) persons controlled by them jointly or separately. At the same time control is understood as opportunity to determine the decisions made by the Russian legal entity specified in part 7 of this Article owing to right availability directly or indirectly to dispose more than fifty percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of this legal entity.

9. The list of the documents testimonial of observance by the owner of service of placement of announcements of requirements of parts 7 and 8 of this Article, and also form and procedure for the direction in the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication, such documents affirm the Government of the Russian Federation.

10. If access to service of placement of announcements for three months constitutes within a day less than hundred thousand users of Internet network who are in the territory of the Russian Federation this service of placement of announcements according to the statement of its owner is excluded from the register of services of placement of announcements about what to the owner of service of placement of announcements the adequate notice goes. This service of placement of announcements can be excluded from the register of services of placement of announcements in the absence of the statement of its owner if access to this service of placement of announcements for six months constitutes within a day less than hundred thousand users of Internet network.

11. In case of detection on service of placement of announcements of information distributed with violation of the law of the Russian Federation, the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication sends to the owner of service of placement of announcements the requirement to take measures for elimination of the revealed violations of the law of the Russian Federation.

12. The federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication takes a legal action with the statement for restriction of access to service of placement of announcements in case:

1) established by the resolution which took legal effect on the case of administrative offense of non-execution by the owner of service of placement of announcements of the requirement, repeated within year, to take measures for elimination of the revealed violations of the law of the Russian Federation;

2) non-executions by the owner of service of placements of announcements of the requirements provided by parts 6 - the 8th this Article.

13. Based on the judgment which took legal effect before execution by the owner of service of placement of announcements of the requirements provided by parts 6 - the 8th this Article, access to service of placement of announcements is limited by the telecom operator rendering services in provision of access to Internet network, except for the case provided by the paragraph third Item 5.1 of article 46 of the Federal Law of July 7, 2003 No. 126-FZ "About communication". Order of interaction of the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication with the telecom operator, the owner of service of placement of announcements, and also the procedure for restriction and renewal of access to service of placement of announcements and procedure for informing on such restriction are established by the Government of the Russian Federation.

14. Provisions of this Article do not extend to operators of the state information systems, state bodies and local government bodies, operators of the electronic platforms functioning in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs, the legislation of the Russian Federation on insolvency (bankruptcy) or the legislation of the Russian Federation on privatization.

15. Violation by the owner of service of placement of announcements of requirements of this Article involves criminal, administrative or other liability in accordance with the legislation of the Russian Federation.".

Article 2

1. This Federal Law becomes effective since March 1, 2023.

2. Provisions of part 1 of article 3 of the Federal Law of July 31, 2020 No. 247-FZ "About mandatory requirements in the Russian Federation" are not applied to the regulatory legal acts of the Russian Federation establishing mandatory requirements, provided by part 10 of Article 10 and article 10.7 of the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security".

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