Маргарита Горовцова
VadimVasenin / Depositphotos.com
Минздрав России вынес на общественное обсуждение проекты1 двух федеральных законов о правилах ответственности за сбыт и (или) ввоз на территорию России в целях сбыта незарегистрированных в нашей стране лекарств или медизделий. Планируется уточнить условия, при которых происходит освобождение от ответственности за эти деяния.
Наказание не будет наложено, если соблюдены одновременно два условия:
препараты или медизделия не производятся в России; сбыт и (или) ввоз таких лекарств или изделий допускаются в соответствии с законом.
Сегодня, по формулировкам УК РФ и КоАП РФ, нарушитель освобождается от ответственности, если выполнено хотя бы одно из этих условий. Иными словами, может сложиться ситуация, когда продается или завозится незарегистрированное лекарство, которое не производится в нашей стране – но при этом безопасность его не подтверждена.
Изменения могут быть внесены в примечание 3 к ст. 238.1 УК РФ и в примечание к ст. 6.33 КоАП РФ. Размер санкций останется прежним как для уголовной, так и для административной ответственности. Общественное обсуждение инициатив продлится до 8 октября.
Исключения из правил об ответственности появились в КоАП РФ и УК РФ с 1 апреля 2020 года (Федеральный закон от 1 апреля 2020 г. № 95-ФЗ «О внесении изменений в статью 238.1 Уголовного кодекса Российской Федерации», Федеральный закон от 1 апреля 2020 г. № 89-ФЗ «О внесении изменений в Кодекс Российской Федерации об административных правонарушениях»). Тогда же была ужесточена ответственность за оборот в Интернете фальсифицированных, недоброкачественных и незарегистрированных лекарств, медизделий и БАДов.
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1 С текстами законопроекта «О внесении изменения в статью 238.1 Уголовного кодекса Российской Федерации» и законопроекта «О внесении изменения в статью 6.33 Кодекса Российской Федерации об административных правонарушениях», а также материалами к ним можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/09-21/00120763, 01/05/09-21/00120761).
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