Contributed By Pakharenko & Partners (Kyiv)
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.