Approval (refusal) by the Ministry of Health of Russia
as the authorized body of the state of recognition
of making changes to the registration dossier of the drug,
registered in more than one Member State of the EAEU
249. The administrative procedure “Approval (refusal) by the Ministry of Health of Russia as the authorized body of the state of recognition of making changes to the registration dossier of the drug, registered in more than one Member State of the EAEU ,” is carried out in connection with the submission to the Ministry of Health of the documents referred to in paragraph 24 of the Regulations.
250. The documents referred to in clause 249 of the Regulations are accepted by the Ministry of Health of Russia in the manner prescribed by clause 40 of the Regulations.
251. The applicant submits to the Ministry of Health of Russia the documents specified in clause 249 of the Regulations, simultaneously with the submission of the application for amendment.
252. The head of the structural unit of the Ministry of Health of Russia (his deputy), who is responsible for the provision of state services, within one working day from the date of receipt of the documents referred to in paragraph 249 of the Regulations, appoints the executive officer.
253. The last name, first name and patronymic (if any) of the responsible executor and his telephone number must be communicated to the applicant upon his written or oral request. The data of the responsible executive must be available to the authorized body (expert organization) of the reference state and other recognition states for viewing on the official website of the Ministry of Health of Russia.
254. On the day of appointment, the executive officer shall provide the expert institution with access to the change dossier using the appropriate electronic communication tools and assign the expert institution with the task of reviewing the documents referred to in paragraph 251 of the Regulations.
255. Depending on the type of the changes provided for in Appendix No. 19 to the Registration Rules, the Ministry of Health of Russia carries out the actions provided for in paragraphs 256-257 of the Regulations.
256. Within 30 calendar days from the date of granting access to the dossier for making amendments, the Ministry of Health of Russia, taking into account the evaluation by an expert institution of documents, access to which was granted in accordance with clause 254 of the Regulations, and based on the opinion of the authorized body (expert organization) of the reference state:
a) notifies the applicant and the relevant authorities of the Member States of the acceptance or rejection of the change;
b) if approved, notifies the applicant and the relevant authorities of the Member States of the change of conditions for making a decision on the registration of a medicinal product, including SmPC, and any conditions, obligations or restrictions affecting the registration of a medicinal product or changes in labeling or package leaflet due to changes in SmPC, in connection with the amendment, and operates in accordance with paragraph 257 of the Regulations.
257. The Ministry of Health of Russia makes changes to the registration dossier, places information about changes in the Union’s single register with the attachment of relevant documents and issues such relevant documents to the applicant on the conditions and terms specified in clause 2.1.2 of Appendix 20 to the Registration Rules.
258. In order to notify insignificant IB type changes, the Ministry of Health has the right, within 10 working days from the date of granting access to the change dossier, to express its opinion on the opinion of the reference state on the basis of the conclusion of the expert institution regarding the necessity of considering the insignificant IB type change as a significant change Type II.
259. In the event that the authorized body (expert organization) decides on the reference state to classify the submitted amendment as Type II amendment, the Ministry of Health of the Russian Federation acts in accordance with Clauses 262-270 of the Regulations.
260. Within 30 calendar days from the date of granting access to the change dossier (or a longer period in accordance with the examination procedure in the reference state), the Russian Ministry of Health, taking into account the assessment by the expert institution of the documents, access to which was granted in accordance with paragraph 253 of the Regulations, and on the basis of the conclusion of the authorized body (expert organization) of the reference state:
a) notifies the applicant and the relevant authorities of the Member States of the acceptance or rejection of the change;
b) if approved, notifies the applicant and the relevant authorities of the Member States of the change of conditions for making a decision on the registration of a medicinal product, including SmPC, and any conditions, obligations or restrictions affecting the registration of a medicinal product or changes in labeling or package leaflet due to changes in SmPC, and operates in accordance with paragraph 261 of the Regulations.
261. The Ministry of Health of Russia makes changes to the registration dossier, places information about making changes in the Union’s common register with the attachment of relevant documents and issues such relevant documents to the applicant on the conditions and terms specified in clause 2.2.2 of Appendix 20 to the Registration Rules.
262. In order to be notified of significant changes of type II, within 30 calendar days from the date of receipt of the draft expert assessment report and draft decision of the reference state specified in paragraph 2.3.4 of Appendix No. 20 to the Registration Rules, the Ministry of Health of Russia decides on the approval or refusal of the expert assessment report prepared by the expert organization of the reference state, and notifies the authorized body (expert organization) of the reference state accordingly.
263. No later than 20 calendar days from the date of access to the documents specified in clause 262 of the Regulations, the Ministry of Health of Russia on the basis of an assessment of an expert institution and, if necessary, sends a request to the applicant and to the authorized body (expert organization) of the reference state in the form provided by Annex No. 18 to the Registration Rules. The request may contain a proposal to establish the measures provided for in paragraphs 116-118 of the Registration Rules.
264. In its request, drawn up in accordance with clause 263 of the Regulations, the Ministry of Health of Russia has the right to raise the question of initiating an appropriate inspection provided for in the Registration Rules.
265. The applicant sends a response to the request to the Ministry of Health of Russia within a period not exceeding 90 calendar days. The term of the applicant's response to the request is not included in the general term of the examination and changes in the registration dossier of the registered drug.
266. In the event that the requested documents and information are not submitted within the prescribed period, the examination and introduction of changes to the registration dossier of the registered medicinal product is terminated.
Within 10 working days from the date of the decision, the applicant shall be notified of the decision taken.
267. If during the period specified in Article 262 of the Regulations, the Ministry of Health of Russia does not send an opinion on the acceptance or rejection of the documents mentioned in this paragraph, the decision of the Ministry of Health of Russia shall be accepted.
268. If the documents referred to in paragraph 262 of the Regulations are recognized by all relevant authorities, the Ministry of Health of Russia:
a) notifies the applicant and the relevant authorities of the Member States of the acceptance or rejection of the change;
b) if approved, notifies the applicant and the relevant authorities of the Member States of the change of conditions for making a decision on the registration of a medicinal product, including SmPC, and any conditions, obligations or restrictions affecting the registration of a medicinal product or changes in labeling or package leaflet due to variations in SmPC, and operates in accordance with paragraph 269 of the Regulations.
269. The Ministry of Health of Russia makes changes to the registration dossier, places information about making changes in the Union’s single register with the attachment of relevant documents and issues such relevant documents to the applicant on the conditions and terms specified in paragraph 2.3.3 of Appendix No. 20 to the Registration Rules.
270. In the event that the Ministry of Health of Russia or any other authorized body (expert organization) of the state does not accept the positive conclusion of the reference state, the Ministry of Health of Russia acts in accordance with section 2.5 of Appendix No. 19 to the Registration Rules. In the case of a positive recommendation of the expert committee, the Ministry of Health of Russia acts in accordance with clause 269 of the Regulations, as appropriate.
Revocation (cancellation) of the registration certificate
271. The administrative procedure “Revocation (Cancellation) of the Registration Certificate” is carried out on the basis provided for by sub-clause “a” of clause 160 of the Registration Rules.
272. The applicant submits to the Ministry of Health of Russia applications for cancellation of the registration certificate of the medicinal product and documents explaining the reasons for making such a decision.
273. During the next working day from the date of receipt of the application referred to in paragraph 272 of the Regulations to the Ministry of Health of Russia, the executive officer appointed by the head of the structural unit of the Ministry of Health of Russia (his deputy) responsible for the provision of public services considers the application and documents specified in paragraph 272 Regulations.
274. Not later than 5 working days from the date of submission to the Ministry of Health of the documents referred to in paragraph 272 of the Regulations, the Ministry of Health of Russia decides to revoke the registration certificate and the measures provided for in paragraph 161 of the Registration Rules, or the decision to refuse to revoke the registration certificate to applicant written explanation indicating the reasons for such refusal.
275. No later than the next business day from the date of the adoption of the decision referred to in paragraph 274, the executive officer shall enter the relevant information in the Unified Register of the Union.
Issuance of a Duplicate of Registration certificate of the drug
276. The administrative procedure “Issuance of a Duplicate of Registration certificate of the drug” is carried out in connection with the receipt from the holder of the registration certificate to the Ministry of Health of Russia of an application for issuance of a duplicate of the registration certificate of the medicinal product using the Single Portal.
The reason for submitting an application for a duplicate registration certificate of a medicinal product may be the identification of errors and misprints in it.
277. Within 10 working days from the date of receipt of the application for the submission of a duplicate of the registration certificate of a medicinal product, the Ministry of Health of Russia draws up a duplicate of the registration certificate of the medicinal product on the registration certificate form marked “duplicate” and “the original registration certificate is invalid” certificate or sends it by registered mail with the receipt of receipt.
278. Application for issuance of duplicate registration certificate
of the medicinal product is presented by the holder of the registration certificate to the Ministry of Health of Russia on paper directly or sent by registered mail with a receipt and investment list or in electronic form, signed with an electronic signature using public information and telecommunication networks, including portal.
279. Application for issuance of duplicate registration certificate of the drug, as well as a copy of a duplicate registration certificate of the drug attached to the registration dossier on the drug.
Correction of typos and errors issued as a result
of providing state service documents
280. The basis for the commencement of the administrative procedure is the appeal of the applicant, who has received a registered registration certificate, for the correction of misprints and errors in documents issued as a result of the provision of the state service.
281. The term for passing an administrative procedure shall not exceed 10 calendar days from the date of registration of the application for correction of errata and errors in documents issued as a result of the provision of state services.
282. The decision on the correction of misprints and errors in the documents issued as a result of the provision of the state service is taken if they reveal inconsistencies in the documents attached to the application.
283. The result of the administrative procedure is the correction of misprints and errors in the documents issued as a result of the provision of the state service, or a reply sent to the applicant with information about the absence of misprints and errors in the documents issued as a result of the provision of the state services.
Formation and direction of interdepartmental request
284. The basis for the implementation of the administrative procedure is the receipt of an application for the provision of a state service registered in the established manner without the documents specified in clause 29 of the Regulations, which are not submitted by the applicant on his own initiative.
285. If there is a basis specified in clause 284 of the Regulations, an employee of the Ministry of Health of Russia, who is responsible for the preparation of documents, independently requests the necessary documents by sending an inter-agency request to the appropriate federal executive bodies.
286. The Ministry of Health of Russia in the framework of the provision of state services interacts with the authorities specified in paragraph 29 of the Regulations.
287. An inter-agency request is sent within a period not exceeding one working day following the day of receipt to the officer responsible for preparing the documents, the application and the attached required documents.
288. The officer responsible for the preparation of documents, who sent the interdepartmental request, is obliged to take the necessary measures to receive a response to the interdepartmental request.
In the event that there is no response to an interdepartmental request within the prescribed period, the Ministry of Health of Russia takes measures as provided for by the legislation of the Russian Federation.
289. Within one working day from the date the requested information is received by the Ministry of Health of Russia, such information is sent to the officer responsible for preparing the documents (the information contained in them), which appends them to the corresponding application.
290. The inter-agency request is sent electronically through a unified system of inter-agency electronic interaction and regional systems of inter-agency electronic interaction connected to it in accordance with Law No. 210-FZ.
291. Sending an interdepartmental request is allowed only for purposes related to the provision of public services.
292. The result of the administrative procedure is the receipt by the Ministry of Health of the requested documents.
IV. Forms of control over the provision of public services
The procedure for monitoring compliance and enforcement
by responsible officials of regulations and other
regulatory legal acts establishing requirements for the provision of
public service, as well as their decisions
293. Current control over the observance of the sequence of actions defined by administrative procedures for the provision of public services is exercised by the head and officials of the department for state regulation of the circulation of medicines of the Ministry of Health of Russia (hereinafter referred to as the department), who are responsible for organizing the work of providing public services through compliance and enforcement of the provisions of the Regulations, other regulatory legal acts of the Russian Federation, as well as carrying out an internal audit of the effectiveness of public services (hereinafter - check).
294. The verification of the completeness and quality of the public service includes the verification, detection and elimination of violations of the applicants' rights, consideration, decision making and preparation of responses to complaints from applicants containing complaints about actions (inaction) and (or) decisions of officials responsible for providing public service.
295. In the event of the discovery of violations of the rights of the applicants as a result of the inspection, the guilty officials are held accountable in accordance with the procedure established by the legislation of the Russian Federation.
The order and regularity of scheduled and unscheduled inspections completeness and quality of the provision of public services, including order and forms of control for completeness and quality the provision of public services
296. Monitoring the completeness and quality of the provision of public services includes checking, identifying and eliminating violations of the rights of applicants, reviewing, making decisions and preparing responses to complaints from applicants containing complaints about actions (inaction) and / or decisions of officials.
297. The regularity of the check is established by the head of the department.
298. Verification may be scheduled (based on the annual work plans of the department) and unscheduled.
299. An unscheduled inspection is carried out on a specific appeal (complaint) of a natural or legal person.
300. The results of planned and unscheduled inspections are documented in the form of a department report, which notes the identified deficiencies and makes instructions for their elimination.
Responsibility of officials of the Ministry of Health of Russia
for decisions and actions (inaction) taken (implemented)
by them in the course of the provision of public services
301. The personal responsibility of officials of the Ministry of Health of Russia for the provision of public services is enshrined in their job regulations in accordance with the requirements of the legislation of the Russian Federation.
302. The contractor responsible for the implementation of the relevant administrative procedures of the Regulations shall be personally liable for:
1) compliance of the results of consideration of documents submitted by the applicant with the requirements of the legislation of the Russian Federation;
2) compliance with the terms and procedure for receiving documents established by these regulations;
3) compliance with the procedure, including the timing of the provision of public services;
4) the accuracy of the information entered in the registries referred to in this Regulation.
Provisions characterizing order requirements and forms
control over the provision of public services
including by citizens, their associations and organizations
303. Citizens, their associations and organizations have the right to control the provision of public services by receiving information by phone, by written requests, by e-mail, on the official website of the Ministry of Health of Russia, through the Single Portal and by other legal means.
V. The pre-trial (extrajudicial) procedure for appealing against the actions and decisions (inaction) of the Russian Ministry of Health, as well as of officials of Ministry of Health of Russia Information for the applicant about his right to file a complaint on the decision and (or) action (inaction) of the federal authority executive authority and (or) its officials
304. Interested persons have the right to a pre-trial (out-of-court) appeal of actions (inaction) and / or decisions taken (carried out) by the Ministry of Health of Russia, officials of the Ministry of Health of Russia in the course of providing the state service in the manner provided for by state and municipal services ”(hereinafter - the complaint).
305. The subject of the complaint may be actions (inaction) and (or) decisions taken (carried out) by the Ministry of Health of Russia, an official of the Ministry of Health of Russia in providing state services, including in the following cases:
1) violation of the application registration period;
2) violation of the deadline for the provision of public services;
3) the requirement from the applicant of documents not provided for by the regulatory legal acts of the Russian Federation for the provision of state services;
4) the refusal to accept from the applicant the documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation for the provision of state services;
5) refusal to provide state services, if the grounds for refusal are not provided for by these regulations;
6) the requirement from the applicant in the provision of public service fees that are not provided for in the regulatory legal acts of the Russian Federation;
7) the refusal of the Ministry of Health of Russia and (or) an official of the Ministry of Health of Russia providing the state service to correct misprints and errors issued as a result of the provision of the state service documents or a violation of the period established by the legislation of the Russian Federation for such corrections.
306. The complaint is submitted in writing on paper or in electronic form.
307. A complaint can be sent by mail, using the official website of the Ministry of Health of Russia and the Single Portal, and can also be received at the personal reception of the applicant.
308. The complaint must contain:
1) the name of the body providing the state service, the last name, first name (if any) of the patronymic of the official of the Russian Ministry of Health, whose decisions and / or actions (inaction) are appealed;
2) the last name, first name (if available) of the applicant's middle name, information about his place of residence or the name, information about his location of the applicant, as well as the contact telephone number (s), e-mail address (es) (if any) and postal address which the answer will be sent to the applicant;
3) information about the appealed decisions and (or) actions (inaction) of the Ministry of Health of Russia, an official of the Ministry of Health of Russia;
4) the arguments on the basis of which the applicant does not agree with the decisions and (or) actions (inaction) of the Ministry of Health of Russia, an official of the Ministry of Health of Russia.
The applicant may submit documents (if available), confirming the arguments of the applicant, or copies thereof.
309. Registration of a complaint to the Russian Ministry of Health is the basis for the commencement of the pre-trial (out-of-court) appeal procedure.
310. A complaint received by the Ministry of Health of Russia is subject to consideration by an official authorized to consider such complaints within 15 working days from the date of its registration, and in case of an appeal against the refusal of the Ministry of Health of Russia, an official of the Ministry of Health of the Russian Federation to receive the documents from the applicant or in correction Mistakes and errors made, or in the case of an appeal against a violation of the established deadline for such corrections, within 5 working days from the date of its registration.
311. There are no grounds for suspending the consideration of a complaint by the Rules.
312. Based on the results of the consideration of the complaint, the Ministry of Health of Russia takes one of the following decisions:
1) satisfies the complaint, including in the form of cancellation of the decision, correction of typos and errors made by the Ministry of Health of Russia in the documents issued as a result of the provision of the state service;
2) refuses to satisfy the complaint.
313. Not later than the day following the day of the decision indicated in clause 312 of the Regulations, the complainant is sent a written and electronic form (if there is an appropriate indication in the complaint) based on the results of the consideration of the complaint.
314. The applicant has the right to receive, and officials of the Russian Ministry of Health are required to provide the applicant with the information and documents necessary to substantiate and consider the complaint, unless otherwise provided by the legislation of the Russian Federation.
315. The decision on the results of the consideration of the complaint may be appealed by the applicant by filing a complaint with the head of the Ministry of Health of Russia.
316. In the event that a complaint shows signs of an administrative offense or a crime, the official authorized to consider complaints immediately sends the available materials to the prosecution authorities.
State authorities, organizations and persons authorized to consider complaints to whom the complainant may be sent in a pre-trial (extrajudicial) procedure
317. Applicants have the right to appeal against actions (inaction) and / or decisions of the Ministry of Health of Russia, officials of the Ministry of Health of Russia - the head of the Ministry of Health of Russia.
Ways to inform applicants on the procedure for filing
and consideration of complaints, including through the use of the portal
state and municipal services (functions)
318. The applicants are informed about the procedure for filing and considering the complaint on the official website of the Russian Ministry of Health and on the Single Portal.
List of regulatory legal acts
regulating the procedure for pre-trial (extrajudicial) appeal of decisions
and actions (inaction) of the body providing the public service,
as well as his officials
319. Relations arising in connection with the pre-trial (extrajudicial) appeal of decisions and actions (inaction) of the Ministry of Health of Russia, as well as officials of the Ministry of Health of Russia are governed by the following regulatory legal acts:
- Law No. 210-FZ
- Resolution of the Government of the Russian Federation of August 16, 2012 No. 840 “On the procedure for filing and consideration of complaints against decisions and actions (inaction) of federal executive bodies and their officials, federal civil servants, officials of state extra-budgetary funds of the Russian Federation, and state corporations, which, in accordance with federal law, have the authority to provide public services in a specified area of activity, and their officials. ”
Placement of information on the Single Portal
320. The information specified in section V of the Regulations is subject to mandatory placement on the Single Portal.