Contributed By Pakharenko & Partners (Kyiv)
In Ukraine, advertising activity is regulated by the general Law of Ukraine on Advertising of 3 July 1996 No 270/96-VR (“Law on Advertising”), which also contains special provisions regulating the rules for the advertising of medicines, medical equipment, methods of preventive care, diagnosis, treatment and rehabilitation. In addition, the provisions on advertising and certain requirements for the promotion of medicines are enshrined in special legislation, such as the Fundamentals of the Legislation of Ukraine on Health Care of 19 November 1992, 2801-XII, and the Law of Ukraine on Medicines of 4 April 1996 No 123/96-VR.
Self-regulatory organisations of pharmaceutical companies (manufacturers and/or distributors) also develop and approve the relevant documents regulating the ethics of promotion and interaction with patient organisations and healthcare institutions for their members. In particular, the Association of Pharmaceutical Research and Development (APRAD), which represents the interests of the pharmaceutical research industry in Ukraine, being a non-governmental and non-profit organisation, a member of the European Federation of Pharmaceutical Industries and Associations (EFPIA), has introduced the ethics code (Code of Pharmaceutical Marketing Practices), by which APRAD acknowledges the role of relevant codes of ethics developed by the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA), EFPIA, the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Association of International Pharma Manufacturers (AIPM). Furthermore, AIPM Ukraine has introduced the Code of Good Conduct and the Ethical Promotion of Pharmaceutical Products, which applies to the conduct of IFPMA Ukraine Members and their agents, and helps ensure that their interactions with stakeholders are appropriate.
Ukrainian pharmaceutical companies, which are members of IFPMA, are engaged in medical and biopharmaceutical research in order to benefit patients and to support high-quality patient care, to promote, sell and distribute their products in an ethical manner and in accordance with all the rules and regulations for medicines and healthcare. The Guiding Principles set out the basic standards applicable to IFPMA Membership Companies and their agents.