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31 May 2021 Tax Messenger Tax Edition Development of EDM in Russia: State Duma presented with bill on conversion of paper documents to electronic form The development of electronic document management under International Tax Review the “Digital economy of the Russian Federation” national ranked EY Russia Tax & Law programme is gradually gathering pace. On 17 May 2021, the practice as a leading tax firm State Duma was presented with a bill of amendments to Federal (Tier 1) in Russia in its annual Law No. 149-FZ “On Information, Information Technology and World Tax guide for 2018. Information Protection” and a number of other legislative acts, setting out rules for converting electronic documents as well as for storing them and creating electronic and physical duplicates. The bill is intended to establish at a legislative level rules that would allow paper documents to be converted to electronic form while retaining their legal value and would allow documents to be stored in electronic form without the need for paper copies to be kept for long periods, which in the long term should greatly reduce costs incurred by businesses and the state for those purposes.
Main changes The bill also makes amendments to a number of federal laws that are necessary for the The bill proposes introducing in Federal Law No. implementation of the above amendments to 149-FZ a definition of the concept of Federal Law No. 149-FZ. This includes, in “conversion” of an electronic document, particular, making direct references in certain meaning a process by which an electronic laws to entities that may carry on activities document undergoes a change of format while involving the conversion, storage and creation of retaining its structure and content. The bill also duplicates of electronic documents without defines the conditions governing the obtaining a licence. equivalence of a converted electronic document to an original electronic document signed with What next? an electronic signature. If the bill is passed, the amendments would Under the bill, requirements relating to the enter into force 180 days after their publication. process of converting electronic documents At the moment, however, this is a long way off. would be established by the Russian The bill has so far only been recommended for government. The requirements for entities consideration by the State Duma, but it has whose activities are regulated by the Bank of already attracted comments and criticisms from Russia would be established in consultation with the business world. Business representatives the Bank of Russia. have expressed concern, in particular, that the In addition, the bill sets forth: bill does not take account of recommendations from the business community and creates new rules for making electronic and physical barriers to the introduction of EDM. The bill is duplicates of documents, including a list of almost certain to undergo a number of changes exceptions, i.e., documents for which and modifications. duplicates are not allowed to be made (these include, for example, identity We will continue to monitor developments and documents or those containing state keep you informed of any further changes in secrets) Russian legislation concerning electronic document management. the procedure and time periods for the retention of electronic documents and Nonetheless, recent legislative trends clearly documents for which electronic duplicates signal the government’s firm commitment to have been made or that have been introducing electronic document management in converted Russia as soon as possible. We therefore advise companies to think sooner rather than later the conditions for the preservation of the about converting their internal and external legal value of electronic documents during documents into electronic form and would be their retention period happy to offer you our assistance in this matter. requirements relating to entities that carry This could include conducting an in-depth on activities involving the conversion, analysis of the EDM transition process, advising storage and creation of duplicates of on the use of different kinds of electronic electronic documents and the rules signatures, preparing a roadmap for transition governing their activities to EDM, assisting in the configuration of internal the procedure for licensing activities systems and advising on other related legal, tax, involving the conversion, storage and accounting and technical matters. creation of duplicates of electronic Authors: documents Alexey Markov Ivan Rodionov Ksenia Tacheeva 2
For more information, please contact the authors of this publication: Alexey Markov Ivan Rodionov +7 (495) 641 2965 +7 (495) 755 9719 alexey.markov@ru.ey.com Ivan.Rodionov@ru.ey.com Ksenia Tacheeva +7 (495) 755 9723 ksenia.tacheeva@ru.ey.com 3
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