On November 30, 2021, the Order of the Ministry of Health of the Russia dated 19.11.2021 No. 1079n has been officially published, which approved the procedure for conducting a medical examination of foreign citizen or a person without citizenship for presence of narcotic drugs or psychotropic substances or new potentially dangerous psychoactive substances and their metabolites in blood, for the presence or absence of infectious diseases that may pose a danger to others, and a disease caused by the human immunodeficiency virus (HIV) (hereinafter - "New order").
The New Order will come into force on March 1, 2022 and will cancel the currently effective Order of the Ministry of Health of Russia dated 29.06.2021 No. 384n (hereinafter - "Order No. 384n" ).
The New Order regulates the rules for passing a medical examination for all foreign citizens arriving in the Russia for a period of more than 90 days or for carrying out labor activities. However, the adoption of the New Order raises a number of questions that are currently not resolved by the legislator:
- It is not clear whether the New Order will apply to foreign citizens who undergo a medical examination in order to obtain a patent. The Order No. 384n provided for the passage of a medical examination for foreign citizens and persons without citizenship in order to obtain a temporary residence permit, residence permit, work permit and labor patent. However, it has been indicated that those who receive a patent must undergo a medical examination in special medical organizations approved by the constituent entities of the Russia while the medical examination for the rest purposes may be passed in any licensed medical organization (clause 2 of Order No. 384n). In the New Order, the legislator indicated that now medical documents may be issued only in medical organizations with a special license which has been approved at the level of the constituent entities of Russia, but the medical documents for obtaining a patent has been excluded (clause 1.3 of the New Order). At the same time, a separate procedure for passing a medical examination in order to obtain a patent has not yet been approved. If the legislator does not settle this issue before the entry into force of the New Order, this will entail a number of problems with obtaining a patent for foreign citizens and stateless persons.
- The another important change has affected the procedure of issuing certificates of the absence of HIV infection.
In accordance with the current Order of the Ministry of Health of Russia dated 09.01.2019 No. 1n "On approval of the requirements for the certificate of absence of human immunodeficiency virus (HIV), presented by foreign citizens and stateless persons arriving in the Russian Federation" (hereinafter - "Requirements for HIV certificate"), the certificate is issued based on the results of medical examination in accordance with Order No. 384n (clause 4 of the Requirements for HIV certificate). At the same time, the New Order cancels the action of Order No. 384n.
Thus, if the appropriate changes won’t be made to the Requirements for the HIV certificate, it will not be legal to issue a certificate obtained as a result of passing a medical examination in accordance with the New Order.
Confidence Group specialists are currently working on clarifying the list of authorized medical organizations for the constituent entities of the Russian Federation and preparing requests to the relevant executive authorities to obtain clarifications regarding the upcoming changes.
If you are planning to undergo a medical examination in the near future, our specialists will be happy to provide you with qualified assistance.
Stay tuned for updates on our website.
The texts of the newsletters are intellectual property of Confidence Group, protected by the copyright laws of Russia. The information may not be reproduced in any form whatsoever without linking to this web site or to pages of this website.
