ORDER OF THE MINISTRY OF HEALTH OF UKRAINE

of April 3, 2019 No. 715

About some questions of reference of means and substances to analogs of drugs and psychotropic substances

According to article 5 of the Law of Ukraine "About drugs, psychotropic substances and precursors", to the subitem 11 of item 4 of the Regulations on the Ministry of Health of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2015 No. 267, to the subitem 6 of Item 25 of the Actions plan for 2019-2020 on strategy implementation of state policy concerning drugs for the period till 2020 approved by the order of the Cabinet of Ministers of Ukraine of February 6, 2019 No. 56-r for the purpose of non-admission of distribution in the territory of Ukraine of new psychoactive agents which can do harm to health and human life, PRIKAZYVAYU:

1. Approve such which are applied:

1) the Procedure for reference of means and substances to analogs of drugs and psychotropic substances;

2) Regulations on the commission of the Ministry of Health of Ukraine on reference of means and substances to analogs of drugs and psychotropic substances.

2. To pharmaceutical management (Komarida A. A.) provide submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

3. To impose control of execution of this order on the deputy minister Ilyk G. G.

4. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Health of Ukraine of April 3, 2019, No. 715

Procedure for reference of means and substances to analogs of drugs and psychotropic substances

I. General provisions

1. This Procedure establishes the procedure of reference of means and substances to analogs of drugs and psychotropic substances and preparation of the conclusions about accessory of synthetic or natural means (substances) which chemical structure and properties are similar to chemical structure and properties of the drugs and psychotropic substances included in the List of drugs, psychotropic substances and precursors approved by the resolution of the Cabinet of Ministers of Ukraine of May 6, 2000 No. 770 (further - the List) which psychoactive action they reproduce.

2. In this Procedure terms are used in the values given in the Laws of Ukraine "About drugs, psychotropic substances and precursors", "About measures of counteraction to drug trafficking, psychotropic substances and precursors and to abuse by them".

3. The Ministry of Health of Ukraine performs reference of means and substances to analogs of drugs and psychotropic substances as the principal organ in system of the central executive bodies providing forming and realization of state policy in the sphere of drug trafficking, psychotropic substances, their analogs and precursors, counteractions to their illicit trafficking.

4. Estimation of means and substances concerning their reference to analogs of drugs and psychotropic substances is performed by the Commission of the Ministry of Health of Ukraine on reference of means and substances to analogs of drugs and psychotropic substances (further - the Commission). Commission chairman on position is the deputy minister of health care of Ukraine.

5. The delegated representatives are part of the Commission from:

Ministries of Health of Ukraine;

Public service of Ukraine on medicines and control of drugs;

Public institution "Center of mental health and monitoring of drugs and alcohol of the Ministry of Health of Ukraine";

The Ministries of Internal Affairs of Ukraine (in coordination);

National police of Ukraine (in coordination);

The Security Service of Ukraine (in coordination).

II. Organizational support of reference of means and substances to analogs of drugs and psychotropic substances

1. Reference of means and substances to analogs of drugs and psychotropic substances is performed taking into account requirements of article 3 of the Single convention on drugs of 1961 with the amendments made to it by the Protocol on amendments to the Single convention on drugs of 1961 of March 25, 1972, article 2 of the Convention on psychotropic substances of February 21, 1971 by method of estimation of the Summarized information for consideration of the Ministry of Health of Ukraine by the commission on reference of means and substances to analogs of drugs and psychotropic substances (further - the Summarized information) (appendix 1) which prepares the secretary of the Commission and is submitted for consideration to the Commission.

2. Can be the bases for estimation of means (substances) concerning reference of means and substances to analogs of drugs and psychotropic substances:

the address central or local executive bodies, local government bodies, the Security Service of Ukraine concerning need of assessment of means (substances) of reference of means and substances to analogs of drugs and psychotropic substances;

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