The hosting provider is obliged to fulfill the requirements and obligations stipulated by paragraph 3 of Article 56.1, subparagraphs 1 - 3 of paragraph 8 of Article 56.2 and paragraph 4 of Article 65.1 of the Federal Law dated July 7, 2003 N 126-FZ “On Communications”.
The hosting provider shall be entitled to carry out activities on provision of computing power for placement of information in the information system permanently connected to the Internet to persons who have applied to the hosting provider only after the said persons have undergone identification and (or) authentication in accordance with the procedure established by the Government of the Russian Federation.
The federal executive authority exercising functions of control and supervision in the sphere of mass media, mass communications, information technologies and communications shall maintain a register of hosting providers. Information about the hosting provider shall be included in the register of hosting providers on the basis of the notification specified in paragraph 1 of this Article. The rules for forming and maintaining the register of hosting providers, the composition of information to be included in the register of hosting providers, the procedure for including such information in the register of hosting providers and excluding it from the register of hosting providers, the procedure for providing information contained in the register of hosting providers shall be established by the Government of the Russian Federation.
The federal executive authority exercising control and supervision in the sphere of mass media, mass communications, information technologies and communications, in accordance with the criteria determined by the Government of the Russian Federation, may engage the operator of such a register - an organization registered in the territory of the Russian Federation - to form and maintain the register of hosting providers.
Abs. 10 - 12 of item 3 of Article 1 shall come into force from 01.12.2023.
If the federal executive authority responsible for control and supervision in the field of mass media, mass communications, information technologies and communications reveals a violation of the requirements specified in paragraphs 1-5 of this Article and (or) receives the information from the federal executive authority in the field of communications, the federal executive authority authorized in the field of security, the federal executive authority authorized in the field of countering terrorist acts, the federal executive authority authorized in the field of countering terrorism, the federal executive authority authorized in the field of mass media, mass communications, information technologies and communications, and (or) the federal executive authority authorized in the field of countering terrorist acts.
The hosting provider shall, within the terms specified in the request of the federal executive body exercising control and supervision in the field of mass media, mass communications, information technologies and communications, sent in accordance with Part 8 of this Article, take measures to eliminate the identified violations, as well as submit information on the measures taken to the said body.
Failure of the hosting provider to eliminate the revealed violations specified in the request of the federal executive body exercising functions of control and supervision in the sphere of mass media, mass communications, information technologies and communications, sent in accordance with part 8 of this article, or failure of the hosting provider to provide the specified body with information about the measures taken in accordance with part 9 of this article is the basis for exclusion of information about the hosting provider from the register of hosting providers.
Abs. 13 p. 3 of Art. 1 comes into force from 01.02.2024.
It is not allowed to carry out activities on provision of computing power for placement of information in the information system permanently connected to the Internet by hosting providers, information about which is not included in the register of hosting providers.";
in Article 10.4:
a) in part 1:
in the first paragraph the words “program for electronic computing machines, the owner of the site and (or) page of the site in the Internet” shall be replaced by the words “site and (or) page of the site in the Internet”, and (or) information system, and (or) program for electronic computing machines";
in paragraph 1 the words “program for electronic computing machines, site and (or) page of the site in the Internet” shall be replaced by the words “site and (or) page of the site in the Internet, and (or) information system, and (or) program for electronic computing machines”;
b) part 12 shall be amended as follows:
“12. The owner of a news aggregator may be a citizen of the Russian Federation who does not have citizenship of another state, or a Russian legal entity. Unless otherwise provided for by an international treaty of the Russian Federation, a Russian legal entity specified in this Part shall be a legal entity controlled by the Russian Federation and/or a constituent entity of the Russian Federation and/or a municipal entity and/or a citizen of the Russian Federation who does not have citizenship of another state and/or persons controlled by them jointly or separately. In this case, control means the ability to determine decisions made by the Russian legal entity specified in this Part by virtue of having the right to directly or indirectly dispose of more than fifty percent of the total number of votes attributable to the voting shares (stakes) constituting the authorized capital of this legal entity.”;
Abs. 5 of Art. 1 comes into force from 01.09.2024.
Article 13:
(a) Supplement parts 2.1-1 and 2.1-2 as follows:
"2.1-1. Operators of state information systems, municipal information systems, information systems of state and municipal unitary enterprises, state and municipal institutions when operating information systems shall be obliged to use computing capacities of a hosting provider provided for placing information in the information system permanently connected to the Internet, information about which is included in the list of hosting providers approved by the Government of the Russian Federation. The procedure for inclusion of information about the hosting provider in the said list, as well as the procedure for exclusion of such information from it shall be established by the Government of the Russian Federation.
2.1-2. The list of hosting providers specified in Part 2.1-1 of this Article shall include information on a hosting provider that meets the following requirements:
is a Russian legal entity. Unless otherwise provided for by an international treaty of the Russian Federation, a Russian legal entity referred to in this paragraph shall be a legal entity controlled by the Russian Federation and/or a constituent entity of the Russian Federation and/or a municipal entity and/or a citizen of the Russian Federation who does not have citizenship of another state and/or persons controlled by them jointly or separately. In this case, control means the ability to determine decisions made by a Russian legal entity by virtue of the right to directly or indirectly dispose of more than fifty percent of the total number of votes attributable to the voting shares (stakes) constituting the authorized capital of this legal entity;
there is no record in the Unified State Register of Legal Entities about the unreliability of information about the legal entity;
ensures the implementation of information protection requirements when providing computing power for placing information in an information system permanently connected to the Internet to operators of state information systems, municipal information systems, information systems of state and municipal unitary enterprises, state and municipal institutions. These requirements shall be established by the federal executive body in the field of communications in coordination with the federal executive body authorized in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information;
places technical means used in the provision of computing power for placing information in the information system permanently connected to the Internet on the territory of the Russian Federation;
information about the hosting provider is included in the register of hosting providers specified in part 6 of Article 10.2-1 of this Federal Law.";
b) to supplement part 2.4 as follows:
“2.4 Operators of state information systems, municipal information systems, information systems of state and municipal unitary enterprises, state and municipal institutions in the creation and operation of information systems, as well as in the implementation of interaction in electronic form, including with citizens (individuals) and organizations, shall not be entitled to use information systems and (or) programs for electronic computing belonging to foreign legal entities and (or) foreign citizens”.
paragraph 1 of part 5 of Article 15.1 shall be supplemented with subparagraph “m” of the following content:
“m) information on ways, methods of providing access to information resources and (or) information and telecommunication networks, access to which is restricted in the territory of the Russian Federation.”.
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