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За хранение недоброкачественных медизделий введут уголовную ответственность

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Окт 19, 2017

Госдума обсуждает внесенный Президентом в Комитет по международным делам  законопроект «О ратификации Конвенции Совета Европы о борьбе с фальсификацией медицинской продукции и сходными  преступлениями, угрожающими здоровью населения».

Конвенция была подписана  от имени Российской Федерации 28 октября 2011 года и вступила в силу 1 января 2016 года. Документ является первым европейским соглашением в сфере борьбы с фальсификацией медицинской продукции и направлена на активизацию на новом уровне межгосударственных механизмов защиты населения от рисков, связанных с оборотом фальсифицированных и недоброкачественных лекарств и медизделий.

Согласно Конвенции установливается  уголовная ответственности за фальсификацию лекарств, медицинских изделий, вспомогательных веществ и фармацевтических субстанций, в том числе за производство, хранение и предложения по реализации данной продукции, подделку документации и упаковочных материалов.

Законопроект направлен  защищать права потерпевших и развивать сотрудничество в сфере борьбы с фальсификацией медицинской продукции на государственном и международном уровнях.

Отметим, что в настоящее время российское законодательство уже содержит нормы, позволяющие оперативно выявлять и своевременно изымать из гражданского оборота небезопасную фармацевтическую и медицинскую продукцию, а также эффективно предотвращать правонарушения в данной сфере и бороться с ними.

В то же время, потребуется внести в Уголовный кодекс изменения относительно признания отягчающим обстоятельством использование Интернета при совершении перечисленных в Конвенции правонарушений.

Также планируется внести в Кодекс об административных правонарушениях поправки, наделяющие органы государственного ветеринарного надзора полномочиями рассматривать дела о нарушениях в сфере обращения лекарств, а должностных лиц – правом составлять соответствующие протоколы. При этом изменения штатной численности федеральных органов исполнительной власти и дополнительных бюджетных расходов не требуется.

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