Since August 24, 2026, Presidential Decree of the Russian Federation No. 604 dated August 24, 2026, "On Measures to Ensure the Security of Critical Infrastructure Facilities of the Russian Federation" has been in effect.
The document establishes that temporary management of the property of an economic entity regarding critical infrastructure facilities may be introduced in the event of:
- failure to take or untimely taking of security measures;
- violation of security requirements;
- creation of a threat to the security or normal functioning of the facility;
- ineffectiveness of measures to protect against UAVs (Unmanned Aerial Vehicles);
- failure to restore or untimely restoration of the facility's functioning.
According to clarifications by First Deputy Prime Minister Denis Manturov, the new mechanism is intended to be applied selectively: in relation to owners who do not ensure the necessary level of security for significant facilities and thereby create risks for their stable operation.
Who Decree No. 604 applies to
Decree No. 604 applies to the following economic entities (Clause 5, Article 4 of Law No. 135-FZ):
- commercial organizations;
- non-commercial organizations, if they carry out income-generating activities;
- individual entrepreneurs;
- self-employed individuals applying the professional income tax (NPD);
- other natural persons carrying out professional income-generating activities, if such activity is conducted on the basis of state registration, a license, or membership in a self-regulatory organization (SRO).
In addition, the Decree applies to controlling persons of Russian legal entities, if they are foreign organizations, foreign citizens, stateless persons, as well as state (interstate) institutions of foreign states, state associations, and unions.
What are critical infrastructure facilities
For the purposes of applying Decree No. 604, critical infrastructure facilities include (Subclause "b", Clause 6 of Decree No. 604):
- fuel and energy complex facilities;
- industrial facilities;
- communications facilities;
- communal infrastructure facilities;
- transport and logistics infrastructure facilities, including transport and logistics complexes;
- energy facilities, including nuclear energy facilities;
- life support facilities;
- critically important and potentially hazardous facilities;
- other facilities of particular importance for ensuring the security, economic stability of the Russian Federation, and the livelihood of the population.
Thus, Decree No. 604 may affect not only large fuel and energy enterprises, but also industrial enterprises, housing and communal services, communications, transport, logistics, and other sectors, if the facility they operate is important for security, the stable operation of the economy, or the livelihood of the population.
⚠️ Attention
Decree No. 604 does not establish criteria that would allow determining whether a specific plant, warehouse, or terminal is a critical infrastructure facility based solely on the type of activity.
How to understand if a facility falls under Decree No. 604
First of all, it is recommended to pay attention to facilities in relation to which:
- special requirements for industrial, transport, anti-terrorist, or other security have been established;
- a facility security passport or other document on its protection has been issued;
- the facility is classified as a hazardous production, potentially hazardous, critically important, or other specially accounted facility;
- authorized bodies have previously issued prescriptions or established mandatory measures to protect the facility;
- special measures are provided to protect against UAVs, terrorist threats, accidents, or other external influences;
- the cessation of the facility's operation may affect the supply of the population, transport, energy, communications, communal services, or the operation of a significant number of other enterprises.
The presence of these signs does not mean that the facility is unambiguously classified as critical infrastructure. However, this is a basis for conducting an additional verification of its status and the security requirements established in relation to it.
When temporary management may be introduced
Temporary management may be introduced if one of the following circumstances exists (Clause 1 of Decree No. 604):
- the company has not taken or has untimely taken measures to ensure the security of the facility;
- the security requirements for the facility established by the regulatory legal acts of the Russian Federation or decisions of authorized bodies have been violated;
- the actions or inaction of the company create a threat to the security or normal functioning of the facility;
- the measures taken by the company against the threat of attack using UAVs are recognized as ineffective;
- the functions of the facility are not restored or are restored untimely.
⚠️ Attention
The mere fact of an accident, damage to the facility, or a UAV attack is not a basis for introducing temporary management.
What matters is whether the company has taken the necessary security measures, complied with the established requirements, whether its actions or inaction created a threat to the security or normal functioning of the facility, and whether it restored its operation in a timely manner.
What property is transferred to temporary management
Temporary management may be introduced in relation to (Clause 1 of Decree No. 604):
- all or part of the movable and immovable property of the economic entity located on the territory of the Russian Federation;
- securities;
- shares in the authorized (pooled) capitals of Russian legal entities;
- property rights.
⚠️ Attention
Temporary management may be introduced not only directly in relation to the facility whose security is not ensured, but also in relation to other property of the company, its shares, securities, and property rights.
Who makes the decision to introduce temporary management
Temporary management is introduced by a decision of the Government of the Russian Federation, adopted on the basis of an instruction from the President of the Russian Federation. A preliminary appeal to the court is not provided for by Decree No. 604.
As a general rule, the temporary manager is Rosimushchestvo (Federal Agency for State Property Management). However, by a decision of the Government of the Russian Federation based on an instruction from the President of the Russian Federation, another person may be designated.
The maximum term of temporary management is not established by Decree No. 604.
What is temporary management
The temporary manager receives the powers of the owner in relation to the property transferred to them, with the exception of the right to dispose of it (Clause 3 of Decree No. 604).
This means that the property remains in the ownership of the company; however, the powers for its current management and use pass to the temporary manager. Depending on the type of property transferred, they may organize its operation, make decisions on its use, receive income, and, in the case of transferring shares or stakes, exercise the associated corporate rights.
The temporary manager also conducts an inventory of the property and ensures its safety.
The temporary manager does not receive the right to dispose of the property, that is, to alienate it by sale, donation, or in any other way. Decree No. 604 does not disclose the specific boundaries of these powers.
In our opinion, based on the provisions of Article 209 of the Civil Code of the Russian Federation, the powers of the temporary manager in relation to the transferred property may be expressed as follows:
Possible powers of the temporary manager in relation to the transferred property
⚠️ Attention
Temporary management is not confiscation or nationalization of property.
The owner retains the right of ownership, but is actually removed from the management of the transferred assets.
What companies need to undertake
Enterprises operating industrial, energy, communal, transport, logistics, and other potentially significant facilities are recommended to carry out a number of measures, in particular:
- Determine whether a specific facility may be classified as a critical infrastructure facility.
- Then it is necessary to check:
- what mandatory security requirements are established in relation to the facility;
- whether there are decisions and prescriptions of authorized bodies;
- whether the deadlines for the implementation of established measures have been met;
- whether mandatory measures to protect the facility from UAVs are provided;
- how the actual implementation of the corresponding measures is confirmed;
- whether an internal procedure for actions in the event of damage or stoppage of the facility has been established;
- whether the deadlines and responsible persons for restoring its functioning have been determined.
⚠️ Attention
An important role is played not only by the actual implementation of security measures, but also by the documentary confirmation of their implementation.
It is advisable to check the availability and relevance of the following documents:
- an order appointing a person responsible for ensuring the security of the facility, and, if necessary, responsible persons for specific areas;
- an order establishing a commission or working group to ensure the security of the facility, if the nature and scale of the facility require collective decision-making;
- a regulation or procedure for ensuring the security of the facility, which defines the responsibilities of departments and officials, the procedure for interaction, control, and reporting to the manager;
- a list of mandatory security requirements applicable to the specific facility, with references to regulatory acts, prescriptions, and decisions of authorized bodies;
- a plan of measures to ensure the security of the facility, indicating specific measures, deadlines for their implementation, responsible persons, and documents confirming execution;
- a separate plan of measures to protect against threats using UAVs, if such measures are necessary for this facility;
- a procedure for actions in the event of a threat, accident, damage, or cessation of the facility's functioning;
- a plan for restoring the functioning of the facility, containing a sequence of actions, responsible persons, necessary resources, and estimated restoration timeframes;
- schedules for inspections, surveys, maintenance, and testing of protection systems;
- acts and reports on the implementation of measures, elimination of identified deficiencies, and execution of prescriptions;
- a journal or other register of control over the implementation of security measures, allowing to establish the date of the assignment, deadline, responsible person, and actual result;
- documents on the conduct of briefings, training, and exercises for workers, if their conduct is provided for by applicable requirements;
- contracts, acts of completed work, and other documents for measures performed by contracted organizations.
Thus, first of all, it is recommended to check whether the company's facility belongs to critical infrastructure, what security requirements are established for it, and whether there are documents confirming their implementation.
Particular attention should be paid to measures with implementation deadlines, protection against UAVs, and the procedure for restoring the facility after an accident, damage, or stoppage.
⚠️ Attention
The presence of orders, plans, and contracts alone does not confirm the proper ensuring of the facility's security.
Decree No. 604 separately provides for the possibility of applying temporary management upon identifying the ineffectiveness of the implemented measures to protect against UAVs.
Therefore, it is important for companies to have documents confirming not only the adoption of measures, but also their actual implementation and effectiveness: test results, inspection reports, maintenance records of protection systems, and reports on training and elimination of identified deficiencies.
To date, the practice of applying Decree No. 604 has not been formed.
The criteria for classifying individual facilities as critical infrastructure, assessing the effectiveness of anti-UAV measures, the timeliness of facility restoration, and determining the volume of property that may be transferred to temporary management remain unclear. These issues will be clarified as Government decisions and law enforcement practice emerge.