More than four months have passed since the ban on marketing agreements in the pharmaceutical market, but a single decision on the terms under which they will be allowed again has not yet been made. The key difficulty is maintaining a balance between state regulation and economic autonomy. This was stated in an exclusive comment to UNN by People's Deputy, Deputy Head of the Verkhovna Rada Committee on National Health Oksana Dmytriieva.
According to her, over four months, several versions of a new resolution on marketing regulation in the pharmaceutical market were considered. The first option was a compromise, containing a limit of 12% of marketing from the total volume of pharmacy sales, and it was supported by a significant part of the market. However, in early June, a new version appeared with completely differently formulated percentage limits - the return of marketing services within 20% of the sales volume, which in reality will give only 3.5% of marketing for pharmacies, and this caused a new wave of discussions.
Now the issue of percentages has become secondary altogether, because the Ministry of Justice has provided comments that the percentage limitation is not provided for by the current law, and therefore - the resolution has no right to regulate it. Therefore, currently, this point must be removed from the draft resolution, and only after agreement with all relevant bodies - this project should be put to a vote
She explained that the biggest difficulty is finding a balance between state regulation and economic autonomy. The law allows establishing the procedure and conditions for providing marketing services - this is supported by most market participants.
"However, when it comes to setting marginal volumes in the form of percentages, a completely different situation arises. Part of the market believes that this is a form of interference in contractual relations, which can be recognized as a restriction of economic freedom. On the other hand, restrictions are necessary to prevent possible abuses, and most importantly - to create conditions for reducing drug prices. Also, an important discussion topic is from whom to count the restrictions - from the manufacturer or from the pharmacy. This significantly affects the financial model of the entire industry," the deputy noted.
Dmytriieva also added that there are no fixed financial restrictions on marketing services in EU countries. They rely on transparency of financial relations, prohibition of unfair competition, disclosure of marketing payments, and uniform rules for all market participants that do not hinder competition.
These very mechanisms - rules, transparency, non-discrimination - are also provided for by Ukrainian law in its current version. If in the future the state wants to establish additional financial restrictions - then this requires clear legal justification, analytics, impact assessment, and, possibly, a change in legislation
Recall
Since March 1, 2025, for more than four months now, Cabinet of Ministers Resolution No. 168 has been in effect in Ukraine, which introduced restrictions on drug markups and a ban on marketing agreements. The government is currently reviewing its decision.
While the resolution has not yielded real results, as of June 2025, analysts record an increase in drug prices in Ukraine, despite government initiatives. Ukrainians also note that they did not feel a decrease in drug prices. The BF "Patients of Ukraine" also states that drugs have become more expensive instead of cheaper. According to Inna Ivanenko, the head of the foundation, patients do not yet feel a significant improvement in the cost or availability of drugs.