Legislation of Ukraine

In order to successfully launch a product on the market and maintain its certification, timely respond to comments or questions, it is necessary to know not only the industry legislation, but also to be well versed in the regulations that apply to your products. Below are only the main documents in the field of technical regulation of medical devices.


Technical regulations for medical devices:

Technical regulations that may apply to medical devices:

- Resolution of the Cabinet of Ministers of Ukraine No. 1184 dated 30.12.2015 "On approval of the form, description of the mark of conformity with technical regulations, rules and conditions for its application";

- Order of the Ministry of Health of Ukraine dated 10.02.2017 №122 “On approval of the Procedure for maintaining the Register of persons responsible for the introduction of medical devices, active implantable medical devices and medical devices for in vitro diagnostics into circulation, the form of notifications, the list of information stored in it and the mode of access to them”;

- Order of the Ministry of Health of Ukraine dated 22.01.2020 №142 “On approval of the methodological recommendations for the application of the Technical Regulations for Medical Devices approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 2, 2013 No. 753, the Technical Regulations for Medical Devices for In Vitro Diagnostics approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 2, 2013 No. 754 and the Technical Regulations for Active Implantable Medical Devices approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 2, 2013 No. 755";

- Order of the Ministry of Health of Ukraine dated 11.10.2017 №1245 "On approval of the list of national standards, compliance with which provides a presumption of conformity of medical devices to the requirements of the Technical Regulations on Medical Devices".

- Order of the Ministry of Health of Ukraine dated 11.10.2017 №1243 "On approval of the list of national standards, compliance with which provides a presumption of conformity of active implantable medical devices to the requirements of the Technical Regulation on active implantable medical devices".

- Order of the Ministry of Health of Ukraine dated 11.10.2017 №1242 "On approval of the list of national standards, compliance with which provides a presumption of conformity of medical devices for in vitro diagnostics to the requirements of the Technical Regulations on medical devices for in vitro diagnostics".

- Order of the Ministry of Health of Ukraine dated 20.01.2020 №117 "On amendments to some orders of the Ministry of Health of Ukraine".

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Answers to frequently asked questions

The list of documents submitted for the assessment of conformity to the requirements of the Technical Regulations. 
✔ Power of attorney of the manufacturer to the authorized representative
✔ List of medical devices for conformity assessment
Certificates of conformity of the manufacturer:

1. Certificate of compliance of the quality system with the requirements of EN ISO 13485.
2. Technical file on MV.
3. Product description.
5. Product classification.
6. Specification for the product.
7. Specification for materials and components.
8. Labels (primary and secondary packaging).
9. List of applicable standards.
10. Risk analysis.
11. Confirmation of compliance with the basic requirements ("checklist").
12. Process diagrams.
13. Information on packaging.
14. Confirmation of conformity of measurement accuracy (if applicable).
15. Declaration of conformity of the MV with the requirements of the Directive.
16. Instructions for use of MV.
17. Report on preclinical studies (evaluation).
18. Report on clinical trials.
19. Quality guidelines.

Conformity assessment with the involvement of the authorized body provides a choice of two options:
By assessing the quality management system of the production site (inspection), resulting in the issuance of a certificate of conformity assessment for a medical device for a period of 5 years, associated with a certificate for a quality management system for a period of 3 years. By batch conformity assessment, which provides for the issuance of a certificate for a specific batch (supply) of medical devices as a result of examination of documentation and testing of product samples.

Medical products, that have undergone state registration, are included into the state register of medical equipment and medical products and is approved for use on the territory of Ukraine, the validity of the certificate on state registration of which is restricted or ends after July 1, 2015 – it is possible to deliver on the registration certificate until 01 July, 2017. Product certification is the conformity process of product quality standards, established by the legislation requirements in Ukraine. Certification is carried by specifically accredited organizations. Supporting documents are issued on the results of certification – certificates of conformity, declaration of conformity.

To obtain a certificate of conformity assessment for a period of 5 years it is necessary to:

✔ Obtain an authorized representative of the manufacturer in Ukraine, to perform all related legal formalities. 
✔ Choose a combination of procedures, according to class, manufacturer’s documentation, and other factors. 
✔ • Form a technical file as required by the relevant regulations; prepare the application form and a check-list. 
✔ Select the authorized body for conformity assessment and to apply, pay for the work of the authority. 
✔ Undergo the documentation expertise procedure to respond to the comments. Finalize the object, date and plan of the inspection. 
✔ Organize inspectors visit on production. 
✔ Eliminate the comments received as a result of the inspection. 
✔ Get a decree of the regulatory body on the quality management system of the production site. 
✔ Get a certificate of conformity assessment of the medical product requirements of the Technical Regulations. 
✔ Issue a declaration of conformity with the Technical Regulations. 
✔ Apply conformity mark and the identification number of the regulatory body to the labeling of the medical product; make sure that the other requirements for labeling and instructions (user manual) comply with the requirements of the Technical Regulations and the currents legislation.

Declaration of conformity replaces the registration certificate at the customs clearance of medical products.

There is no such list as a separate document. However, technical regulations divide medical devices into classes according to the level of potential risk to the patient. According to the class, some medical devices are subject to a mandatory self-declaration procedure, and the rest are subject to the requirements for involvement of the designated conformity assessment bodies in conformity assessment for placing on the market in Ukraine.

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