Legislative changes in 2022.

Feb, 02 2022

In 2022, several laws in the digital sphere will come into force: electronic sick leave, electronic signature of heads of organizations, electronic document exchange system in the field of cargo transportation. In addition, several more changes are expected.

1. Changes in the electronic and digital sphere.

– From 2022, sick leave lists will be only electronic, since from January 1, employers must carry out electronic document management with the Social Insurance Fund, the employer will be able to receive all data on the electronic sick leave directly from the fund. The fund also charges money directly. Previously, employers received compensation from the fund.

– Foreign Internet companies with a daily attendance of over 50 thousand users are required to open their official office or representative office in Russia. The list of companies was prepared by Roskomnadzor, it includes such companies as: Google, Apple, Meta Platforms, Twitter, TikTok, Telegram.

In addition to the requirement to open a branch in Russia, a foreign company will have to place an electronic feedback form on its website for users from Russia and register a personal account on the Roskomnadzor website.

The company will also have to restrict access to information that violates the laws of the Russian Federation. For failure to comply with these requirements, access to the social network in the territory of the Russian Federation may be terminated.

– Heads of legal entities and individual entrepreneurs from 01.01.2022 will be able to receive a qualified electronic signature only at the tax inspectorate. If there is a signature issued by an accredited certification center, this signature can be used until the expiration of its validity, but only on condition that the center has passed the procedure of re-crediting to the Ministry of Finance.

– Starting from September 2022, Russia will have an advertising accounting system in the Russian segment of the Internet. Internet platforms will enter data on promotions that take place in Russia into the database. Roskomnadzor will choose the operator of this accounting system.

– From 01.01.2022, the Ministry of Transport launches an electronic information system designed for the exchange of documents in the field of cargo transportation. Transportation documents will be issued not only in paper, but also in electronic form. Participants of cargo transportation will be able to conclude an agreement on electronic document management with the information operator. In 2023, a mandatory transition to electronic transportation documents is planned, until this date, electronic registration is carried out voluntarily.

2. Civil law.

– In March 2022, new organizational and legal forms of legal entities will appear in the Civil Code of the Russian Federation: a personal fund and a socially useful fund.

A personal foundation is a unitary non-profit organization that manages the property transferred to it by this citizen or the property inherited from this citizen. A personal fund may be established by a citizen or a notary in the event of the death of a citizen. The founder of the personal fund will not have rights to the property of the fund. The Personal Fund has the right to conduct business activities and be a member of companies. Within 3 years from the moment of creation, the personal fund bears subsidiary responsibility for the obligations of the founder.

3. State control and inspections.

– The Cabinet of Ministers of the Russian Federation has extended the moratorium on inspections of small and medium-sized businesses in 2022. This moratorium will not apply to unscheduled inspections. In addition, the moratorium will not apply to objects that pose a danger to people’s lives, to companies and sole proprietors operating under a license, as well as to companies and sole proprietors who have previously been brought to administrative responsibility. In 2022, businesses from the social sphere, education, healthcare, and energy are exempt from inspections.

4. Intellectual property.

– Since 01.01.2022, the state owns all rights to the result of intellectual activity related to defense and security, created according to the state contract.

This area includes developments under the state program and the state defense order in the field of: defense, security, foreign intelligence, state security, internal affairs, the activities of the National Guard troops, arms trafficking, private security activities and private security.

If the result of intellectual activity is not related to defense, the exclusive right and the right to obtain a patent belongs to the contractor. If the rights to such a result of intellectual activity should become the property of the state, this should be described in the contract.

5. Certification.

Stricter requirements for the quality of “green” products in terms of compliance with environmental standards will be introduced. There is a ban on the use of cloning and genetic engineering methods, GMO methods. Manufacturers who have passed certification will be able to label this on their products.

6. Migration sphere.

In 2021, the Presidential Decree expired, which allowed foreign citizens to regulate their legal status in order to legally carry out work. From 01.01.2022, foreign citizens will be fined for working without a permit.

Author of the article
Legislative changes in 2022.
Valentina Khlavich
Managing Partner
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