Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of December 17, 2024 No. 4147-IX

About state regulation of the sphere of protection of plants

This Law determines legal and organizational basis of implementation of actions which consists in determination of phytosanitary risk and ensuring proper level of phytosanitary protection, restriction and prevention of distribution of harmful organisms during the address of plants, products of plant origin and other objects, the address with remedies of plants, and also the state control and other official actions in the field of protection of plants for the purpose of check of compliance with law about protection of plants.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in the following value:

1) the agent of biological protection of plants - the natural enemy, the antagonist, the competitor or other organism which is applied to fight against harmful organisms;

2) acclimatization - capability of harmful organism to adaptation in the expected future within certain territory after its penetration on it;

3) the analysis of phytosanitary risk - process of assessment of biological, ecological and economic data with the purpose of determination of belonging of organism to harmful organisms, feasibility of its regulation and determination of phytosanitary measures which shall be applied to fight against it;

4) biological method of protection of plants - method of protection of plants against harmful organisms by means of agents of biological protection of plants and/or products of their life activity;

5) buffer zone - the zone which surrounds zone or borders on zone which has officially certain borders for implementation of phytosanitary measures is established for the purpose of minimization of probability of distribution of harmful organism in or outside of such zone, and in case of need - for the purpose of application of phytosanitary measures or other measures of fight against harmful organisms;

6) load - certain goods quantity, imported (sent) on customs area of Ukraine, exported (sent) out of limits of customs area of Ukraine or moved with its territory one type of the vehicle (sea, river, railway, automobile or aviation), arrives from one country or its separate territory and is followed by one phytosanitary certificate or the phytosanitary certificate on re-export, or other document if its availability is required under the law, except the plants, products of plant origin or other objects relating besides to type, class or the description. The load can consist of one or several batches;

7) harmful organisms - quarantine harmful organisms and harmful organisms which are absent in Ukraine are determined and can correspond to criteria for receipt of the status of quarantine harmful organism, import (transfer) of which to customs area of Ukraine is performed accompanied by the import permit (transfer) on customs area of Ukraine of separate types of the harmful organisms or plants, products of plant origin and other objects provided by this Law;

8) production site, free from harmful organisms, - the certain site of production capacity (production site) on which lack of specific harmful organism is confirmed with scientific data and/or laboratory researches concerning which this condition is supported under control of competent authority during the certain period of time;

9) production capacity (production site) - set of buildings or constructions or parcels of land (their parts) on/in which are grown up and/or made and/or is performed conversion (completion) of plants and/or products of plant origin;

10) the conclusion of laboratory research - the document in paper or electronic form issued by authorized laboratory by results of the laboratory research conducted by it;

11) sampling - process of sampling from plants, products of plant origin or other objects, harmful organisms, remedies of plants for forming of samples for further carrying out laboratory researches or for physical control;

12) visual check - check naked eye, by means of magnifying glass, binokulyar, microscope or other optical magnifying means without carrying out laboratory researches;

13) introduction of remedies of plants from air - application of remedies of plants from the aircraft (aviation method);

14) wooden packaging material - the wood or products from wood (except paper) used for support, protection or transportation of goods (including wood for fixture);

15) the state control of compliance with law about protection of plants (further - the state control) - set of the actions performed by officials of competent authority within the powers provided by the law for the purpose of ensuring compliance with the legislation on protection of plants, and also for the purpose of elimination of effects of discrepancy to the legislation on protection of plants and accountability for violation of the law about protection of plants;

16) the state phytosanitary inspector - the physical person working in system of competent authority conforms the established this Law to qualification requirements and to which job responsibilities implementation according to the law of measures of the state control and other official actions belongs;

17) the remote agreement - the contract signed without simultaneous physical presence of its parties with use only means of remote communication, including electronic, in and during its conclusion;

18) the distributor - the operator of the market placing in the market of remedy of plants including wholesale, retail sellers and suppliers;

19) diagnostics - process of identification and identification of harmful organism;

20) the additional declaration - information on phytosanitary condition of load with plants, vegetable products and other objects which is subject to inclusion in the phytosanitary certificate, the phytosanitary certificate on re-export, or other additional information provided by the international standard on phytosanitary measures No. 12;

21) documentary check form of the state control which is exercised on frontier of Ukraine concerning load which is imported (is sent) on customs area of Ukraine and which consists in verification of documents which are necessary for maintenance of load and/or are required when crossing frontier of Ukraine according to the law;

22) economic threshold of harm - density of population of harmful organism at which carrying out measures of protection of plants is economically reasonable;

23) the electronic copy - the visual representation electronically the paper document gained by scanning (photography) which compliance of the original is certified by the digital signature of person filing such document;

24) the general phytosanitary document for import document of the established form, two-piece: in the first the professional operator notes (declares) information on load, in the second the state phytosanitary inspector notes information on results of the state control of such load;

25) infection - presence of harmful organism at plants and/or products of plant origin and/or other objects and/or production capacities (production sites);

26) remedies of plants - means in that form in which they are delivered to users consist or contain active ingredients, antidotes or synergists and are intended for:

protection of plants or products of plant origin against harmful organisms or prevention of action of such organisms on them, except for those cases if basic purpose of means is the disinfection other than protection of plants or products of plant origin;

influences on vital processes of plants, including on their growth, except nutrients;

conservation of products of plant origin in the part which is not falling under operation of the legislation on safety and separate indicators of quality of foodstuff;

destruction of undesirable plants or parts of plants, except seaweed if means are not applied on the soil or in water to protection of plants;

control or prevention of undesirable growth of plants, except seaweed if means are not applied on the soil or in water to protection of plants;

27) detention - the procedure which provides that the goods which are subject to the state control were not moved and/or subjected to external intervention before decision making by the state phytosanitary inspector concerning their appointment;

28) protection of plants - system of the actions directed to reduction of yield losses and prevention of deterioration in condition of plants, products of plant origin, and also directed to prevention of drift and/or distribution of harmful organisms, regulation of their number;

29) measures of protection of plants - the actions performed by the professional user or the nonprofessional user for the purpose of protection of plants, products of plant origin;

30) zone, free from harmful organism (further - free zone), - the territory in which lack of the corresponding harmful organism is established by competent authority based on scientific data and if necessary is supported by it or under its control during the certain period of time;

31) the isolated object for content - any place, except the quarantine station where harmful organisms, plants, products of plant origin or other objects contain in isolation conditions;

32) inspection - visual check of plants, products of plant origin or other objects for the purpose of determination of availability of harmful organisms or check of observance of requirements of phytosanitary measures;

33) the integrated system of protection of plants - the complex of methods of protection of plants determined based on studying of all existing methods with provision of benefit to application of biological methods which interfere with development of populations of harmful organisms and promote application of remedies of plants, implementation of other forms of intervention at economically and ecologically reasonable level, reduce or minimize risks for life and health of the person, for animals, plants and the surrounding environment;

34) the information (automated) Phytosanitary Inspection System system (further - information and communication system of competent authority) - the information and communication system intended for complex use of mechanisms and tools by means of which collection, control, storage, processing and the automated data exchange, is exercised of information and documents concerning measures of the state control and other official actions in the field of protection of plants;

35) other objects - any materials or objects, except plants and products of plant origin, are capable to hide or extend harmful organisms, including the soil or other circle for cultivation of plants;

36) other official actions in the field of protection of plants (further - other official actions) - activities, except the state control which is exercised by competent authority or authorized persons under its control and include actions for verification of presence of harmful organisms, prevention or control of distribution of harmful organisms, localizations and/or destructions, including liquidations, and also issue of documents according to this Law;

37) quarantine - content in the closed conditions of plants, products of plant origin or other objects, harmful or useful organisms for the purposes of inspection, laboratory research, processing, observation or scientific research;

38) quarantine (demarcated) zone - zone at which there is quarantine harmful organism concerning which fight measures are performed;

39) the quarantine station - the place for content under quarantine of harmful organisms, plants, products of plant origin or other objects to which the corresponding status based on the decision of competent authority is provided;

40) quarantine harmful organism - harmful organism which is absent or it is limited it is widespread in the corresponding territory which penetration and wide circulation in such territory will have negative economic, ecological and social effects and concerning which there are feasible and effective measures of prevention of its penetration and distribution;

41) the final consumer (user) - person who acquired plants products of plant origin or other objects for personal needs also acts for the purpose of, not connected with trade, economic or professional activity;

42) traceability code - alphabetic, digital or alphanumeric code which identifies load, batch or commodity unit for the purposes of traceability, including the codes specifying batch, group, series, date of production and/or documents of the professional operator;

43) competent authority - the central executive body realizing state policy in the field of protection of plants and performing the functions of the national organization of protection of plants of Ukraine determined by the international convention about protection of plants;

44) competent authority of foreign state - the public authority authorized on accomplishment of functions of the national organization of protection of the plants determined by the International convention about protection of plants;

45) the consultant - any physical person who was trained according to this Law and having the right to advise the third parties concerning protection of plants and safe application of remedies of plants when implementing the professional activity or providing to consultation as separate service;

46) country of source - the state in which plants including from which there are products of plant origin, or the state in which for the first time there could be infection with harmful organisms of other objects are grown up;

47) liquidation - application of phytosanitary measures or measures of protection of plants for the purpose of destruction of population of harmful organism in certain territory;

48) localization - application of phytosanitary measures or measures of protection of plants for the purpose of prevention of distribution of harmful organism;

49) the international standard on phytosanitary measures (further - MSFM) - the international standard developed and accepted according to the International convention about protection of plants;

50) production site, free from harmful organism, - production capacity (production site) or its part on which lack of the corresponding harmful organism is established by competent authority based on scientific data and if necessary is supported under control of competent authority during the certain period of time;

51) proper practice of protection of plants - set of requirements according to which application of remedies of plants for protection of plants or products of plant origin against harmful organisms is performed according to regulations of their application, providing efficiency of remedies of plants by use of their minimum necessary quantity and considering edaphic-climatic, weather conditions and possibilities of control of harmful organisms with use of not chemical methods of protection of plants;

52) the proper level of phytosanitary protection - the level of protection against phytosanitary risks which is considered sufficient for protection of plants in the territory of the state;

53) the nonprofessional user - the person applying or planning to apply remedies of plants and not being the professional user;

54) not chemical methods of protection of plants - the methods providing application of means which are alternative to chemical remedies of plants for fight against harmful organisms and based on the general principles of the integrated system of protection of plants, in particular physical, mechanical or biological method of protection of plants against harmful organisms;

55) notification about discrepancy to phytosanitary measures - informing according to MSFM No. 13 of competent authority of foreign state on serious cases of discrepancy of load to phytosanitary measures of the import state;

56) turnover of plants, products of plant origin and other objects - production (cultivation), procurement, conversion, movement (transportation), storage, use or realization of plants, products of plant origin and other objects;

57) the equipment for application of remedies of plants - any devices which are specially intended for application of remedies of plants including the equipment necessary for effective operation of such devices (nozzles, manometers, filters, sieve, the device for cleaning of reservoirs, etc.);

58) processing - the procedure of destruction, inactivation, removal of harmful organisms and/or deprivation of their capability to growth, development or reproduction;

59) inspection - the procedure which is performed during the established period of time for the purpose of determination of availability or lack of harmful organisms, area of distribution or characteristics of population of harmful organism in certain territory, production site or production site, free from harmful organisms;

60) the operator of the market - physical person, the physical person - the entrepreneur or the legal entity performing activities in the field of protection of plants;

61) the harmful organism - the harmful organism capable to quickly increase the number of population is especially dangerous and to influence negatively agricultural and/or forest cultures, plants, products of plant origin and other objects that can lead to considerable negative economic, ecological or social effects;

62) official actions - measures of the state control and other official actions performed by the competent authority or persons authorized according to this Law;

63) batch - the set of units of plants, products of plant origin or other objects, remedies of plants determined by uniformity of the structure, origin and which is part of load;

64) the passport of plant - the document issued in the cases established by this Law on plants, products of plant origin or other objects in case of their movement on the territory of Ukraine and certifying their compliance to requirements of phytosanitary measures;

65) check of compliance - the form of the state control which is exercised concerning load which is imported (is sent) on customs area of Ukraine, and consists in visual check of load for the purpose of establishment of compliance of its content and marking of information specified in the documents accompanying load;

66) the vegetation period - the period during which there is active development and growth of plant;

67) the address with remedies of plants - placement in the market, storage, use, application and transportation of remedies of plants;

68) hazard rate - the result of method of calculation used for risks assessment, plants constituting remedies for life and health of the person for animals, plants and the surrounding environment;

69) landing (crops) - introduction of plants on environment for cultivation, including their change, inoculation or similar actions aimed at providing further growth, reproduction or reproduction;

70) the official of competent authority - the chief state phytosanitary inspector of Ukraine, the chief state phytosanitary inspectors in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol, their deputies and the state phytosanitary inspectors to whom according to the law implementation of powers in the field of protection of plants is assigned;

71) products of plant origin - not processed material of plant origin, and also products of its conversion which by the nature or nature of conversion can create risk of penetration or distribution of quarantine harmful organisms.

Wood is considered product of plant origin if it corresponds to one of the following criteria:

keeps the natural roundish surface, with bark or without, or its part;

its natural roundish surface did not remain owing to sawing up, cutting or splitting;

has the form of chips, particles, sawdust, wood waste, shavings or fragments and is not subject to pasting, heat treatment or impact of pressure for development of granules, briquettes, plywood or wood chipboard;

it is used or it is held for use as packaging material irrespective of whether use it for transportation of goods;

72) penetration - movement of harmful organism of certain territory in which it was absent earlier or is limited widespread that leads to its acclimatization;

73) traceability in the field of protection of plants - possibility of identification and tracking of plants, products of plant origin, other objects or remedies of plants at all stages of the address of plants, products of plant origin, other objects or addresses with remedies of plants;

74) the professional user - the operator of the market applying remedies of plants in the course of the professional activity including the operator of the pilotless aircraft, the operator of the equipment for application of remedies of plants, the employer and self-employed person;

75) the professional operator - the physical person, physical person entrepreneur or the legal entity performing the activities connected with one or several actions concerning plants, products of plant origin or other objects, in particular concerning them:

landing (sowing);

selections;

productions, including cultivation, reproduction and maintenance;

import (transfer) to customs area of Ukraine, movement on the territories of Ukraine and exporting (transfer) out of limits of customs area of Ukraine;

placement in the market;

storage, warehousing, shipment and conversion;

76) regulations of application of remedy of plants - the set of requirements to application of preparative form of remedy of plants determined in case of its state registration;

77) regulated not quarantine harmful organism - harmful organism which presence at seeds or landing material exerts negative economic impact on their proper use;

78) regulated harmful organism - quarantine harmful organism or regulated not quarantine harmful organism concerning which official actions are performed;

79) referens-laboratory - accredited laboratory to which according to requirements of this Law powers on accomplishment of the functions determined by this Law are conferred;

80) placement in the market - any ownership of remedies of plants for the purpose of realization, including the offer to realization or to any other form of transfer of property for a fee and/or in other form, including realization, distribution and/or other forms of transfer of property, except return to back previous owner.

For the purposes of this Law release for free circulation of remedies of plants in the territory of Ukraine is also considered placement in the market;

81) plants - live plants and their live parts, including:

seeds (in botanical understanding);

fruit (in botanical sense);

vegetables;

tubers, corms, bulbs, rhizomes, roots, root escapes, stolona;

escapes, stalks, creeping escapes;

cut flowers; branches (with leaves or without leaves);

the cut-off trees with leaves;

leaves;

cultures of vegetable fabric, including cellular cultures, germoplazm, meristems, hybrid clones, the micromultiplied material;

live flower pollen and disputes;

kidneys, eyes, shanks, scions, stocks;

82) observation - process of collection and registration during the certain period of time of data on availability or lack of the harmful organism performed by inspection and/or phytosanitary monitoring;

83) infection degree - share or quantity of units in sample, batch, the field or other certain population at which the harmful organism is present;

84) subjects of managing - legal entities irrespective of legal form and pattern of ownership and physical persons - entrepreneurs;

85) goods - any plants, products of plant origin or other objects, remedies of plants to which the coverage of this Law extends;

86) commodity unit - the smallest the commercial or other used commodity unit applied at the corresponding stage of its realization and which can constitute part of batch or all batch;

87) authorized laboratory - laboratory of any pattern of ownership to which according to this law powers on carrying out laboratory researches for the purposes of the state control and/or other official actions are conferred;

88) management of phytosanitary risk - assessment and the choice of options of reduction of risk of penetration and distribution of quarantine harmful organisms, and rather regulated not quarantine harmful organisms grades and the choice of options of reduction of risk that the regulated harmful organism containing in seeds or landing material will entail negative economic effects;

89) counterfeited remedy of plants - the remedy of plants made with violation of the requirements established by the legislation or with unauthorized use of sign for goods and services or by copying of form, packaging, external design, or by direct playback of goods of other producer without its permission;

90) physical control - the form of the state control which is exercised concerning load which is imported (is sent) on customs area of Ukraine, and consists in check of goods and can include check of vehicles, marking, temperatures, sampling for carrying out laboratory researches or diagnostics or other check for the purpose of confirmation of observance of the requirements determined by the legislation on protection of plants;

91) the phytosanitary procedure - method of application of phytosanitary measures for regulated harmful organisms, including implementation of inspection, laboratory research, observation or processing;

92) phytosanitary measure - any regulatory legal acts or measures which purpose is prevention of penetration and/or distribution of quarantine harmful organisms and/or restriction of negative economic impact of regulated not quarantine harmful organisms;

93) phytosanitary monitoring - other official measure providing permanent verification process of phytosanitary condition;

94) the phytosanitary forecast - evidence-based prediction of probability of emergence, distribution and development of harmful organisms, and also quantitative indices on intensity of development and harm of harmful organisms;

95) phytosanitary risk - probability of penetration and distribution of harmful organism in certain territory and the scale of the related potential economic effects, and for seeds or landing material probability of the fact that the harmful organism will have economically inadmissible effects for their use;

96) the phytosanitary certificate - the document in paper or electronic form corresponding to the sample approved by the International convention about protection of plants, and certifying that the load with plants, products of plant origin or other objects conforms to phytosanitary requirements of the import state;

97) the phytosanitary certificate on re-export - the document in paper or electronic form corresponding to the sample approved by the International convention about protection of plants also certifies that the imported load with plants, products of plant origin or other objects conforms to phytosanitary requirements of the import state;

98) phytosanitary condition - availability or lack of harmful organisms in plants, products of plant origin or other objects;

99) harmful organism - the any kind, strain or biotype of the pathogenic agent, animal or plant harmful to plants, products of plant origin or which can cause considerable negative economic, ecological or social effects.

2. Other terms are used in this Law in the following values:

the term "transit of loads" - in the value given in the Law of Ukraine "About transit of loads";

the terms "aircraft", "pilotless aircraft", "operator" - in the values given in the Air code of Ukraine;

the terms "accredited laboratory", "audit", "validation" - in the values given in the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, veterinary medicine and wellbeing of animals";

the terms "seeds", "landing material" - in the values given in the Law of Ukraine "About seeds and landing material";

the term "information processing in system" - in the value given in the Law of Ukraine "About information security in information and communication systems";

the terms "administrative act", "procedural action", "procedural decision" - in the values given in the Law of Ukraine "About ministerial procedure";

the term "processing of personal data" - in the value given in the Law of Ukraine "About personal data protection".

Article 2. Law coverage

1. Operation of this Law extends to the sphere of protection of plants, namely to the public relations which arise during the address of plants, products of plant origin, other objects, and also the address with remedies of plants, implementation of measures of the state control and other official actions for the purpose of check of observance of requirements of the legislation relatively:

1) addresses of plants, products of plant origin and other objects;

2) the address with remedies of plants;

3) implementation of phytosanitary measures and procedures, measures of protection of plants;

4) import (transfer) to customs area of Ukraine, movement on the territories of Ukraine and export out of limits of customs area of Ukraine of plants, products of plant origin and other objects, remedies of plants.

2. Operation of this Law does not extend to the public relations on:

1) productions of remedies of plants, state registration of remedies of plants;

2) the address with the prohibited and unsuitable remedies of plants, waste of remedies of plants, their packaging.

Article 3. Legislation on protection of plants

1. The legislation on protection of plants consists of the Constitution of Ukraine, this Law, the Customs code of Ukraine, the Law of Ukraine "About pesticides and agrochemicals" and the regulatory legal acts published according to them, and also the International convention about protection of the plants and MSFM developed according to it and other international treaties of Ukraine.

2. If the international treaty of Ukraine establishes other regulations, than provided by this Law regulations of the international treaty of Ukraine are applied. The legislation on protection of plants is applied taking into account the provisions provided by the Law of Ukraine "About sanctions".

3. The relations on acceptance, entry into force, appeal administratively, to accomplishment, cancellation of administrative acts in the field of protection of plants are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law.

The decision on refusal in issue of administrative acts in the field of protection of plants is made, on condition of providing the right of person to participation in administrative production according to the Law of Ukraine "On ministerial procedure".

The decision on response and recognition invalid administrative acts in the field of protection of plants is accepted after providing to person of the participation right in administrative production provided by the Law of Ukraine "About ministerial procedure".

Decisions, actions, failure to act of the officials providing implementation of powers in the field of protection of plants can be appealed administratively according to the Law of Ukraine "About ministerial procedure" and/or in administrative court.

Article 4. General requirements to sampling and methods of carrying out laboratory researches

1. Sampling and their transportation (transfer) to authorized laboratories for the purposes of the state control and other official actions are performed according to the procedure and according to the methods approved by the central executive body providing forming and realizing state policy in the field of protection of plants.

2. Sampling for the purposes of the state control and other official actions is made in time:

1) planned selection - according to the annual plan of the state control and/or the annual plan of the state monitoring in the field of protection of plants;

2) unplanned selection - if when implementing the state control and other official actions there was reasonable suspicion concerning discrepancy to the requirements established by the legislation on protection of plants or there were other bases for sampling established by this Law.

3. Sampling for carrying out laboratory research for the purposes of the state control and other official actions is carried out by the State phytosanitary inspector or in the cases determined by this Law - the specialist of authorized laboratory, professional operator authorized on issue of the passport of plant.

4. When sampling for carrying out laboratory research one sample is created. Upon the demand of the operator of the market which is the owner of load or goods or the owner or the user of production capacities (production sites) two equivalent samples, one of which is given to the operator of the market, can be created, and another goes for carrying out laboratory research. The sample transferred to the operator of the market (further - the second sample), in the cases provided by this Law can be used for carrying out other laboratory research based on the second expert opinion.

5. The sample is selected, packed into the safe packet or will be sealed up and marked by the method providing its legal force (importance), scientific justification and technical suitability for carrying out laboratory research about what the sampling report in duplicate is drawn up, each of which is signed by person making sampling. Requirements to the safe packets and form of the sampling report affirm the Cabinet of Ministers of Ukraine.

6. For the purposes of the state control and other official actions methods (techniques) of carrying out the laboratory researches determined by the following criteria are used:

1) correctness (truthfulness and accuracy);

2) possibility of application (matrix and interval of concentration);

3) detection limit;

4) measurement limit;

5) accuracy;

6) repeatability;

7) reproducibility;

8) recovery;

9) selectivity;

10) sensitivity;

11) linearity;

12) uncertainty of measurement;

13) other criteria which can be determined as obligatory by the central executive body providing forming and realizing state policy in the field of technical regulation, standardization, metrology and metrological activities.

7. Methods (techniques) of carrying out laboratory researches for the purposes of the state control and other official actions affirm the central executive body providing forming and realizing state policy in the field of protection of plants.

8. In the absence of the approved method (technique) of carrying out laboratory researches authorized laboratories can use methods (techniques) of carrying out laboratory researches which:

1) meet the international or national standards, methods (techniques), instructions and recommendations;

2) developed, validirovanny and recommended by referens-laboratories or developed and validirovanny by results of interlaboratory researches.

Article 5. General requirements to laboratory research

1. The laboratory research is conducted by authorized laboratories according to the procedure, established by the Cabinet of Ministers of Ukraine, relatively:

1) harmful organisms, plants, products of plant origin and other objects;

2) remedies of plants;

3) residual quantities of remedies of plants in plants, products of plant origin and other objects.

2. By results of the conducted laboratory research the conclusion of laboratory research is created.

3. Results of laboratory research can be appealed by the operator of the market who is the owner of load or goods, during effective period of the conclusion of laboratory research according to the procedure, established by the Cabinet of Ministers of Ukraine.

4. The operator of the market has the right to appeal of results of laboratory research on the basis of the second expert opinion in the way:

1) documentary review of primary analysis, laboratory research or diagnostics;

2) carrying out other analysis, laboratory research or diagnostics by other authorized laboratory.

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