The State Duma approved the abolition of decriminalization of illegal import of drugs from the WHO list

The State Duma approved the abolition of decriminalization of illegal import of drugs from the WHO list

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The State Duma of the Russian Federation approved in the first reading a package of bills introducing criminal and administrative liability for the importation of unregistered medicines and medical devices into the country, even if they are on the WHO list. About it says on the Legislative Support System (LAS) website.

It is proposed to change the notes to Article 238.1 of the Criminal Code of the Russian Federation and Article 6.33 of the Code of Administrative Offenses, which provide for liability for the distribution of unregistered drugs. Now they say that Russian legislation does not punish the import or sale of foreign medical products if WHO has recommended them for use.

The explanatory note to the bills states that the currently existing formulations “actually decriminalize” the import into the Russian Federation and the further sale of medicines whose safety has not been confirmed, since the World Health Organization “does not maintain lists that would have an identical name:“ medicines and medical devices recommended by WHO “”.

The authors of the amendments emphasized that there are generic names in the WHO Model List of Essential Medicines that are not tied to a specific drug and its manufacturer. For this reason, legal uncertainty arises that does not allow law enforcement agencies to make an informed procedural decision in the event that facts of the distribution of unregistered drugs are revealed.

The initiators of the bill propose to remove the reference to the WHO from the notes to the articles of the Criminal Code of the Russian Federation and the Code of Administrative Offenses.

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