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The Russian government has adopted a series of important measures to combat the spread of COVID-19, in particular:

  1. the introduction of zero tariff rates for the importation of a number of medicines and medical devices;
  2. the approval of distance selling of over-the-counter (OTC) medicines and medical devices. Distance selling means any sale that does not entail a visit to the pharmacy by the purchaser (e.g. online sales, home deliveries) and can be carried out by pharmacy organizations licensed to engage in pharmaceutical activities and authorized by the Federal Service for Surveillance in Healthcare;
  3. the temporary suspension of the “third one out rule” in the process of public procurement for a number of medicines and medical devices determined by the Ministry of Industry and Trade and the Ministry of Health of Russia. This rule imposes a ban on the participation of a foreign product in the public procurement tender, if there are two or more participating suppliers offering products originating from Eurasian Economic Union and manufactured by unaffiliated manufacturers;
  4. the introduction of additional supporting measures for manufacturers of pharmaceutical products, personal protective equipment and disinfectants, including special loans from the Industrial Development Fund.

We expect shortly the adoption of regulations establishing the procedure for distance selling, the rules for delivering OTC medicines to the population and the list of medicines and medical devices, to which the “third one out rule” will not temporarily apply.

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Author

Paul Melling is an English solicitor, founding partner of Baker McKenzie’s Moscow and Almaty offices, and founder of the CIS offices’ pharmaceuticals and healthcare practice. He leads the CIS offices’ Compliance Practice Group and is a steering committee member of the Europe Compliance and Pharmaceuticals & Healthcare groups. He joined the London office in 1980 as a member of the East-West Trade Department, focusing on the COMECON countries of Eastern Europe, particularly the former USSR. He moved to Moscow in January 1989 and has spent over 24 years as a partner in the CIS. In 2009, he received the AIPM’s Distinguished Service Award for his contribution to the development of the Russian pharmaceuticals market.

Author

Alexey Trusov practices in the areas of corporate, M&A and pharmaceutical and healthcare. He graduated from St. Petersburg State University’s School of Law in 1997 and received his LL.M. from Cleveland State University’s Cleveland-Marshall College of Law in 1998. He received his degree of Candidate of Science from St. Petersburg State University’s School of Law in 2002. He was admitted to the Russian bar in 1997, and currently serves as co-chair of the Association of International Pharmaceutical Manufacturers Legal Committee.

Author

Maxim Kalinin serves as managing partner of Baker & McKenzie’s St. Petersburg office and head of the Mergers & Acquisitions, Corporate, Real Estate & Construction and Employment practice groups. He was named a European legal expert in Russia by European Legal Experts 2008, and was recognized by Chambers Europe "for his expertise in M&A and real estate work". He is also cited by Legal 500, Who’s Who Legal 2009, The International Who’s Who of Real Estate Lawyers 2008 and the Private Equity Handbook 2007/2008 for his corporate and real estate work

Author

Sergei Lomakin is a partner in the Moscow office of Baker McKenzie.