Resolution of the Cabinet of Ministers of Ukraine No. 168 on stabilizing drug prices did not undergo examination by the Ministry of Justice and was not agreed upon by the Verkhovna Rada Commissioner for Human Rights. This is stated in the responses to UNN's requests.
More and more questions arise regarding the process of adopting Resolution No. 168 of the Cabinet of Ministers of Ukraine dated February 14, 2025, which concerns the stabilization of drug prices and provides for significant changes in the field of pharmaceutical regulation. As it turned out, in addition to the lack of approval from the State Regulatory Service, the resolution was also not properly agreed upon with the Ministry of Justice and the Ombudsman.
Thus, the Ministry of Justice reported that the draft resolution No. 168 was not submitted for legal examination, as provided for by the Regulations of the Cabinet of Ministers of Ukraine. The department clarified that under martial law, the Prime Minister has the right to initiate consideration of the project without the standard approval procedure, but such an opportunity should be used only in exceptional urgent cases, which is subject to separate justification.
"(...) we inform you that the draft resolution of the Cabinet of Ministers of Ukraine "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Stabilization of Drug Prices" for legal examination, in accordance with the requirements of the Regulations, was not received by the Ministry of Justice," the Ministry of Justice noted.
The impact of the resolution on the rights of citizens was also not analyzed. The Secretariat of the Commissioner for Human Rights informed UNN that the project was not submitted for consideration to the Department for Monitoring Compliance with Social and Economic Rights. That is, potential risks for vulnerable groups of the population, in particular residents of frontline territories, were not properly studied and assessed.
"(...) we inform you that draft resolution No. 168 was not submitted for consideration and approval to the Department for Monitoring Compliance with Social and Economic Rights of the Secretariat of the Verkhovna Rada Commissioner for Human Rights, therefore, the risks of its adoption were not studied. Accordingly, consultations on possible consequences were not held, including on possible violations of the rights of residents of frontline territories," the response of the Secretariat of the Verkhovna Rada Commissioner for Human Rights states.
Let's add
Resolution No. 168 of the Cabinet of Ministers introduces stricter regulation of the pharmaceutical market, in particular, restrictions on markups on medicines and a ban on marketing agreements between pharmacies and manufacturers. According to the government's idea, this should reduce drug prices and increase their availability. However, the practical side of the implementation of the relevant decisions has already turned out to be negatively negative.
Why the document was not agreed with anyone is an open question, because the participation of specialized state institutions at the stage of preparation of such decisions is critical. It guarantees legal compliance, consideration of social impact and reduction of risks for citizens. Ignoring these procedures leads to the adoption of decisions that may have negative consequences for both the healthcare sector and the protection of consumer rights.
In the case of resolution No. 168, these stages were ignored: the document was adopted without legal examination, which could reveal violations of the law, and without social analysis, which should have prevented a negative impact on vulnerable groups. This raises serious doubts about the legitimacy of the document and the feasibility of its implementation in its current form.
Let us remind
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 Drug Prices", which regulates the activities of the pharmaceutical market in Ukraine. However, this document also did not undergo agreement with the State Regulatory Service, as required by law.