Official reviews and government opinions on draft laws. On the need for Russian government opinions on bills in the field of taxation Government conclusion on a bill example
CONCLUSION
on the project introduced by the Government Russian Federation
The State Duma Committee on Information Policy, Information Technologies and Communications reviewed the draft federal law N 47571-7 “On the security of critical information infrastructure of the Russian Federation” introduced by the Government of the Russian Federation and notes the following.
The bill provides for establishing the basic principles for ensuring the security of the critical information infrastructure of the Russian Federation, the conceptual apparatus in the regulated area, the powers of the authorities state power Russian Federation, rights, duties and responsibilities of persons owning by right of ownership or other legally objects of critical information infrastructure, telecom operators and information systems. In this regard, it is expected to establish the features of the implementation of categorization of objects of critical information infrastructure, implementation by authorized bodies state control and supervision over the implementation of proper categorization of critical information infrastructure objects and the state of their security. The bill also proposes the formation of a unified state system for detecting, suppressing and eliminating computer attacks.
The bill was developed taking into account the “Concept of the state system for detecting, preventing and eliminating the consequences of computer attacks on information resources of the Russian Federation” approved by the President of the Russian Federation dated December 12, 2014 N K 1274, Decree of the President of the Russian Federation dated January 15, 2013 N 31с.
The Committee believes that the adoption of this bill will contribute to the formation of a sustainable system for ensuring the protection of critical information infrastructure, both from computer attacks and computer incidents in general, will form a regulatory certain activities to ensure the security of the critical information infrastructure of the Russian Federation, as well as activities to create a state system for detecting, preventing and eliminating the consequences of computer attacks. Therefore, the relevance and necessity of adopting the bill is beyond doubt.
While supporting the overall concept of the presented bill, we draw your attention to the fact that some of its provisions require coordination with the norms of the current legislation of the Russian Federation, as well as legal, technical and linguistic-stylistic adjustments.
In this regard, it is necessary to pay attention to the following circumstances.
It should be noted that on December 5, 2016, by Decree of the President of the Russian Federation N 646, the Information Security Doctrine of the Russian Federation was approved. We believe that the provisions of the bill in terms of conceptual apparatus and the wording of the text should be adjusted taking into account the standards the specified document strategic planning, which contains a system of views on ensuring national security Russian Federation in information sphere.
The conceptual apparatus of the bill (Article 2) requires adjustment in terms of the logic of presentation, starting with basic concepts - critical information infrastructure, objects of critical information infrastructure, subjects of critical information infrastructure, etc.
The introduction of the concept of “categorization” into legislation must be disclosed, since this norm may be subject to other sectoral legislative acts. It also raises doubts about the possibility of classifying objects of critical information infrastructure in the case of “non-assignment” to such objects of any category of significance, since in in this case categorization, in fact, is not carried out. In addition, in connection with the introduction of the concept of “categorization,” we believe that it is advisable to separate the types of categories into a separate article of the bill.
The concept of “computer incident” requires additional elaboration and clarification, which, according to the bill (Article 2), includes facts of disruption or termination of the functioning of a critical information infrastructure facility, including as a result of a computer attack. However, the main causes of a computer incident are not disclosed in the concept.
The need to introduce into legislation the concept of “automated control system” requires additional discussion. technological processes", or its specification in relation to the subject of regulation of the bill, since this concept is overly generalizing, which includes any automated control systems that are not related to the information sphere in general, and to the security of critical information infrastructure in particular.
We believe it would be appropriate to consider the issue of combining the concepts contained in the draft law “security of the critical information infrastructure of the Russian Federation” and “ensuring the security of the critical information infrastructure of the Russian Federation”, as well as “critical information infrastructure of the Russian Federation” and “objects of critical information infrastructure”.
The bill proposes the introduction of the concept of “significant object of critical information infrastructure”, which, based on the results of categorization, is assigned a category of significance. We believe it is appropriate to clarify linguistically that such an object of critical information infrastructure is strategically significant (strategic), and which, in turn, is assigned a category of significance.
The concept of “critical information infrastructure object” contains an incomplete and narrow list of strategically important ones from the point of view information security industries that it is advisable to expand, or, within the framework of the reference norm, entrust the Government of the Russian Federation with the approval of such a list.
The concept of “subject of critical information infrastructure” includes government bodies, legal entities, who own objects of critical information infrastructure by right of ownership or other legal basis, telecom operators ensuring the interaction of objects of critical information infrastructure. The question of the formulation of use “on another legal basis” requires legal elaboration, since the list of types of ownership by civil law is quite broad - from property rental to trust management, loan, pledge, and custody. The establishment of the category “or” in the concept of “subjects of critical information infrastructure” law enforcement practice when implementing the bill, it will create difficulty in determining those responsible for categorizing persons, including in terms of involving them in legal liability. We also believe that the issue of including in the bill any restrictions for owners and users of critical information infrastructure facilities with foreign participation or affiliated with foreign companies requires additional discussion. foreign countries, international and non-governmental organizations in terms of ownership, use and disposal of critical information infrastructure objects, since without the establishment of such provisions, if the bill is adopted, the preconditions may be created for the emergence of new threats, both to information security and to national security in the Russian Federation as a whole.
Article 4 of the bill provides for the establishment of principles for ensuring the security of the critical information infrastructure of the Russian Federation. In particular, as basic principles it is intended to establish a balance between the individual, society and the state, as well as their mutual responsibility. At the same time, the basic principles and content of activities to ensure state security, public safety, personal security, other types of security provided for by the legislation of the Russian Federation are defined by the Federal Law “On Security”, Article 2 of which does not imply the possibility of establishing the principles of legislation in the field of security by other federal laws. Therefore, in order to eliminate the legal conflict, we believe it is necessary to include in the Federal Law “On Security” a rule establishing that the principles of ensuring security can be established by other federal laws.
Clause 3 of Part 2 of Article 5 of the bill provides for the Government of the Russian Federation to be given the authority to establish a procedure for preparing and using the resources of a unified telecommunications network to ensure the functioning of significant objects of critical information infrastructure. At the same time, paragraph 3 of Article 16 of the Federal Law “On Communications” gives the Government of the Russian Federation the authority to prepare and use the resources of the unified telecommunication network of the Russian Federation to ensure the functioning of communication networks special purpose. To eliminate the legal conflict that arises if the bill is adopted, it is necessary to harmonize these norms.
It is proposed to vest federal bodies with parts 3 and 4 of Article 5 executive power in the field of security of the critical information infrastructure of the Russian Federation and in the field of creating a state system for detecting, preventing and eliminating the consequences of computer attacks with the authority to carry out research activities in the field of ensuring the security of the critical information infrastructure of the Russian Federation. At the same time, these federal executive authorities are not one of the subjects of scientific and (or) scientific and technical activities defined by the Federal Law “On Science and State Scientific and Technical Policy”.
Part 5 of Article 5 of the bill establishes the powers federal body executive power in the field of communications to approve security requirements, technical specifications installation and operation technical means, designed to search for signs of computer attacks in telecommunication networks. We believe that these powers should be assigned to the federal executive body authorized in the field of security.
The bill proposes to establish (Part 3 of Article 6 of the bill) that the categorization of objects of critical information infrastructure of the Russian Federation is carried out independently by the subjects of critical information infrastructure. This approach from the point of view of interests government regulation in the field of information security needs a substantial revision in favor of the position on the need to categorize critical information infrastructure objects not independently by the owners and users of property related to critical information infrastructure objects, not based on the results of scheduled and unscheduled inspections within state supervision(control), but directly by the forces and means of the federal executive body authorized to ensure the security of critical information infrastructure.
Parts 8 and 9 of Article 6 establish that if a subject of critical information infrastructure fails to comply with the categorization procedure or incorrectly assigns a category of importance to an object of critical information infrastructure, as well as in case of failure to comply with the established form for providing this information, the federal executive body authorized in the field of ensuring the security of critical information infrastructure Russian Federation, returns to in writing the subject of the critical information infrastructure with the specified information with a reasoned justification for the reasons for the return. The subject of the critical information infrastructure, after receiving a reasoned justification, eliminates the shortcomings and re-sends information about the object of the critical information infrastructure to authorized body. However, the absence is clearly certain deadlines in these norms will lead to legal uncertainty in the implementation of the bill.
Article 10 of the bill, according to its name, defines issues of coordination of the activities of subjects of critical information infrastructure, but does not contain any legal regulation and actually duplicates the provisions of paragraphs 3, 5 and 6 of part 4 of article 5 of the bill, which define the powers of the federal executive body in the field of security of critical information infrastructure.
The bill includes information networks of all government agencies which include, including law enforcement agencies, security agencies, prosecutors and courts, etc. At the same time, the provisions of Part 5 of Article 11 and Part 6 of Article 13 of the bill are intended to establish that information contained in the state system for detecting, preventing and eliminating the consequences of computer attacks on the information resources of the Russian Federation, as well as information obtained during state control and containing information about vulnerabilities software and equipment of a significant object of critical information infrastructure are classified as restricted access information. Please note that the Law of the Russian Federation “On State Secrets” does not contain the concept of “restricted access information”, which entails legal uncertainty if the bill is adopted in part legal regime protection of the specified information.
Article 13 of the bill establishes a mechanism for state control over ensuring the security of significant objects of critical information infrastructure. Clause 3 of Part 3 of this article determines that the basis for conducting an unscheduled inspection is an order of the President of the Russian Federation, the Government of the Russian Federation or the request of the prosecutor to conduct an unscheduled inspection within the framework of his prosecutorial supervision for the execution of laws. We believe it is necessary to consider the issue of assigning these powers to officials prosecutor's office depending on the level of government bodies (federal, constituent entities of the Russian Federation).
According to the provisions of Article 14 of the bill, criminal, administrative, civil and disciplinary liability for violation of the legislation of the Russian Federation in the field of security of critical information infrastructure of the Russian Federation is borne only by citizens of the Russian Federation, Foreign citizens and stateless persons. Since the concept of subjects of critical information infrastructure includes only legal entities, if the bill is adopted, they will not be subject to the specified provisions on liability for violation of the legislation of the Russian Federation in the field of critical information infrastructure. Therefore, the specified provisions of Article 14 of the bill require clarification.
It is also necessary to note certain provisions of the bill that require linguistic-stylistic and legal elaboration of the text of the bill.
Articles 2 and 10 of the bill introduce the name and authority of the National Coordination Center for Computer Incidents into the legislation. Inclusion in the bill of the name of an independent structural unit of the federal executive body, as well as the vesting of such a unit own authority federal executive body, including in the sphere of interaction with international and foreign organizations, is not lawful.
Articles 2 and 5 of the bill introduce the concept of a Register of significant objects of critical information infrastructure, the status of which is not disclosed in the text of the bill and requires definition in a separate article.
Article 6 of the bill contains the categorization criteria and the procedure for its implementation. The proposed criterion of “political significance” raises doubts from the point of view of the draft law on independent categorization by owners of critical information infrastructure objects, including the advisability of assessing political significance by such criteria by private companies, which may include foreign companies and companies affiliated with them. The definition in the bill of “ecological significance” (clause 4 of part 1 of article 6 of the bill) in the form of “assessment of harm caused to the environment”, taking into account the use of this term in the Federal Law “On Environmental Protection” (), seems incorrect.
The bill does not disclose and requires clarification for the purposes of legal certainty such concepts as “operator operating a significant object of critical information infrastructure”, “correctness check”, “specially designated employee” and others.
Concept " government system detecting, preventing and eliminating the consequences of computer attacks" is set out in the bill in different formulations, which is unacceptable. From the point of view legal technology it is necessary to unify this and other wording throughout the text of the bill.
The timing of the entry into force of the bill also requires adjustment, since the version submitted to the State Duma assumes that part of the bill will enter into force on January 1, 2017.
Taking into account the above, the State Duma Committee on Information Policy, Information Technologies and Communications supports the draft Federal Law N 47571-7 “On the Security of Critical Information Infrastructure of the Russian Federation” and recommends that the State Duma adopt it in the first reading, subject to revision taking into account the comments made to the second reading.
Chairman of the Committee
Electronic document text
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1 Article 18. Bills that require opinions from the Government of the Russian Federation 1. Bills that require opinions from the Government of the Russian Federation include bills: 1) on the introduction or abolition of taxes, exemption from their payment, including changes in tax rates and fees received by the federal budget, tariffs for contributions to state social extra-budgetary funds and other obligatory payments received by the federal budget, including for certain categories of individuals and legal entities; 2) on the issue of government loans; 3) on a change in the financial obligations of the state, providing for: a) a change in the size of the state internal debt or state external debt Russian Federation without issuing government valuable papers; b) changing the procedure for servicing the state internal debt or state external debt of the Russian Federation, including its restructuring; c) changing the size or procedure for providing social guarantees provided for by the Constitution of the Russian Federation and federal laws, introducing new or canceling existing types of social assistance financed from the federal budget, changing the categories of citizens receiving social assistance the specified types; d) change in the nominal value of the monetary unit (currency) of the Russian Federation; e) others financial obligations, loans on preferential terms or other forms of preferential financing from the federal budget are provided. 2. The Government of the Russian Federation provides an opinion on the bills specified in part one of this article at the request of the subject of law legislative initiative no later than thirty days from the date of receipt of the relevant request. 3. The deadline for submitting an opinion on a bill may be extended by the Government of the Russian Federation in agreement with the subject of the right of legislative initiative who submitted the request, up to forty-five days from the date of receipt of the corresponding request, about which the Government of the Russian Federation, within those days from the date of the decision on informs the subject of the right of legislative initiative who submitted the request about the extension of the deadline for submitting this conclusion. 4. If, after the expiration of the period provided for by this article for submitting the conclusion of the Government of the Russian Federation on the bill, this conclusion is not presented, the subject of the right of legislative initiative has the right to send the bill to the State Duma without the conclusion of the Government of the Russian Federation. In this case, the bill is registered in the manner established by this Federal Law, but is considered submitted to the State Duma and is accepted for consideration by the State Duma after receiving the conclusion of the Government of the Russian Federation on the bill. By decision of the State Duma, a representative of the Government of the Russian Federation may be summoned to a meeting of the State Duma when considering the issue of adopting the said bill for consideration to give an oral opinion on the bill. 5. If the Government of the Russian Federation presents a negative opinion on the bill, The State Duma for the current financial year, is postponed until amendments are made to the federal law on the federal budget for the current financial year, providing for corresponding expenses. Consideration and adoption of this bill is allowed no later than one year before the end of the term of office of the State Duma of this convocation;| 2) on the consideration of the said bill simultaneously with the consideration of the draft federal law on the federal budget for the next financial year. | Whether or not this publication is taken into account in the RSCI. Some categories of publications (for example, articles in abstract, popular science, information journals) can be posted on the website platform, but are not taken into account in the RSCI. Also, articles in journals and collections excluded from the RSCI for violation of scientific and publishing ethics are not taken into account."> Included in the RSCI ®: yes |
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