Last Updated February 20, 2019

Law and Practice

Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

In accordance with Fundamentals of the Legislation of Ukraine on Health Care of 19 November 1992, 2801-XII, the healthcare professionals, while exercising their professional activities, are not entitled to: obtain unlawful profit from business entities that produce and/or sell medicines, medical products, and their representatives; receive from the business entities that produce and/or sell medicines, medical products, and their representatives, samples of medicines, medical products for use in professional activities (except for cases related to conducting of clinical research of medicines or clinical trials of medical products in accordance with the contracts); advertise medicines, medical products, including prescribing medicines on the letterheads containing advertisement, and to indicate the producers of medicines (trade marks); not to provide or provide inaccurate information about the presence in the pharmacy of the medicines with the same active substance (by international non-proprietary name), the form of release and dosage, at the request of the consumer, during the sale (release) of a medicinal product, in particular, to conceal information on the availability of such medicines at a lower price (applicable to pharmacists only).

For violation of these requirements, the healthcare professionals are liable under the law. That is, healthcare professionals can be brought to administrative liability in the form of a fine of UAH5,100 ( EUR160), or, in case of repeated violation during the year UAH20,400 ( EUR640) (Article 44-2 of the Code of Ukraine on Administrative Offences).

Relevant anti-bribery rules that may apply to healthcare organisations are not provided by Ukrainian legislation.

In addition to the legal provisions that are special for medical and pharmaceutical workers, certain categories of healthcare professionals are also subject to the rules and limitations established by the anti-corruption legislation of Ukraine.

It should be noted that most anti-corruption provisions (eg, provisions of Criminal Code of Ukraine, the Law of Ukraine on Prevention of Corruption) are aimed primarily at health professionals working in the public sector, namely:

  • civil servants and public health officials in the system of public administration and local self-government; and
  • officials of state and municipal healthcare institutions (hospitals, pharmacies, etc).

Offering benefits or other incentives to prescribe healthcare professionals is criminalised under Ukrainian legislation. These prohibitions are intended to apply only to benefits provided to individuals (healthcare professionals, including those who are public officials eg, chief physicians).

In cases of unlawful gain, healthcare professionals may be held liable, regardless of whether they have a formal status, or there is evidence of such status. For example, there is a court practice of classifying doctors as a category of public service-providers, that is, another group of subjects subject to anti-corruption provisions and liability.

Relevant anti-bribery rules that may apply to healthcare organisations are not provided by Ukrainian legislation.

Pakharenko & Partners

72 Velyka Vasylkivska Str.
Entrance 1, 7th Floor.
Business Centre “Olimpiysky”
Kiev 03150 Ukraine

+380 44 593 96 93

+380 44 451 40 48

pakharenko@pakharenko.com.ua pakharenko.ua/
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Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

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