Contributed By Pakharenko & Partners (Kyiv)
As a general rule, in accordance with Civil Code of Ukraine, donations may be provided for individuals or legal entities based on agreement.
There are no direct legal restrictions on grants or donations to healthcare professionals or healthcare institutions by pharmaceutical companies. However, the restrictions on gifts to healthcare professionals shall indeed apply in this case (please also see 9.1 Gifts to Healthcare Professionals).
Also, in accordance with the AIPM Code, pharmaceutical companies may make donations to non-commercial organisations for publicly beneficial purposes. Such donations may be in the form of educational grants made available to support medical education and ultimately intended to raise the quality of medical care provided to patient. It is prohibited to make donations in the form of cash. Pharmaceutical products may be provided to non-commercial medical organisations as donations unless such donations pursue any commercial purposes. What is important, no in-kind donations to non-commercial organisations are permitted if intended, directly or indirectly, for specific healthcare professionals or made in their interests. Donations may only be made on the basis of an appropriate written request from a non-commercial organisation and a relevant donation agreement.