On February 14, the Cabinet of Ministers of Ukraine adopted Resolution No. 168 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Stabilization of Prices for Medicines", which regulates the activities of the pharmaceutical market in Ukraine. However, this document was not согласован with the State Regulatory Service, as required by law. This is stated in the SRS's response to a request from UNN.
Details
The State Regulatory Service noted that, in accordance with the requirements of Article 1 of the Law of Ukraine "On the Principles of State Regulatory Policy in the Field of Economic Activity", Resolution No. 168 of the Cabinet of Ministers of Ukraine "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Stabilization of Prices for Medicines" contains norms of a regulatory nature.
"At the development stage, the draft of the above-mentioned Resolution No. 168 was not submitted for согласован or consideration to the SRS. Therefore, the SRS did not make any decisions regarding the draft resolution," the SRS said.
At the same time, the Service stressed that the law on regulatory policy applies to all draft regulatory acts.
Thus, it can be concluded that the government decree was adopted in violation of the current legislation.
Reminder
Resolution No. 168 of the Cabinet of Ministers of Ukraine of February 14, 2025 provides for new rules for regulating the pharmaceutical market. In particular, restrictions were introduced on markups on supply and distribution and retail allowances for all medicines, and not only for certain categories, as is the case now. In addition, the resolution prohibits retailers from entering into marketing agreements with pharmaceutical manufacturers, which allowed pharmacies to offer discounts to patients, implement social projects and train pharmacists.
The purpose of the resolution was to reduce prices for medicines and increase their availability to the population. At the same time, patient organizations warned that excessive regulation could lead to a shortage of medicines, the closure of pharmacies in small towns and villages, and the termination of social programs to support patients.