Contributed By Pakharenko & Partners (Kyiv)
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:
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.