Similarities in statements by Kuzminykh and "Darnytsia" regarding the pharmaceutical market could be grounds for investigation — lawyers

People's Deputy and head of the subcommittee on pharmacy Serhiy Kuzminykh continues to promote initiatives beneficial to certain large drug manufacturers. He again stated the need to limit pharmacy marketing and change sales rules in pharmacies. These statements, echoing the public position of "Darnytsia" company, cast doubt on the independence of the deputy's activities. As lawyers emphasize in comments to UNN, such behavior may be grounds for inspection by law enforcement and anti-corruption agencies.

Details

Earlier, UNN journalists analyzed posts on social networks and blogs of MP Serhiy Kuzminykh and top management of "Darnytsia" company and found that their theses, formulations, and arguments regarding the work of the pharmaceutical market coincide. This refers not only to general views on the work of the pharmaceutical market, but also to specific positions - for example, regarding marketing payments: both the deputy and representatives of "Darnytsia" state that marketing is the main driver of price increases in pharmacies. 

Recently, Serhiy Kuzminykh again accused pharmacies of imposing "unnecessary vitamins and strange additives," calling it a "marketing sales plan."

Isn't it time to change the rules? We must move from the pursuit of bonuses to a real pharmaceutical service – when in a pharmacy a patient receives professional consultation and only those medicines prescribed by a doctor. Without impositions and distortions. This should become part of the new Law on Pharmacy Activities, register and real control of pharmacists. A pharmacy is not a store with "magic" pills. It is a healthcare institution where people should be cared for, not the fulfillment of a sales plan 

Similar theses have been repeatedly voiced by representatives of the pharmaceutical company "Darnytsia", which strengthened its market position after the introduction of restrictions on marketing agreements. According to experts, the company's monthly profit increased by approximately half a billion hryvnias.

Lawyers interviewed by UNN point out that such synchronicity in the communications of a politician and business is not just a political choice, but a potential legal risk zone.

From a legal point of view, it is important to distinguish between legal instruments for representing business interests and actions that can be qualified as abuse of power or corruption. In Ukraine, the procedure for transparent lobbying is currently new and requires practical implementation of the adopted law, so such practices can often be in a seemingly "gray area" of law, but this requires special attention to the risks of liability and reputational consequences 

He emphasized that only an investigation can provide a final legal assessment of such actions.

Criminal law defines that the unlawfulness of an action or inaction is established only when all components of a criminal offense are present: the subjective side (the person's intention to act for their own, mercenary purposes, motives), the objective side (the fact of the action itself), the subject of the offense, and also the object to which this action is directed - this is the violation of the established order of actions or social relations protected by law. And until the relevant authorities conduct an investigation and give their legal assessment and establish all the components of the offense, it is premature to talk about the presence of illegal influence 

According to him, competent authorities should react to such facts - in particular, the State Bureau of Investigation, if it concerns possible abuse of influence, and also the NACP - in terms of checking for a conflict of interest.

Earlier, the founder of the law firm "Kasyanenko and Partners" Dmytro Kasyanenko also emphasized in a comment to UNN that such a situation could indicate abuse of influence, provided for in Article 369-2 of the Criminal Code of Ukraine. 

In particular, if a people's deputy, using his status as the head of the relevant subcommittee, acts not in the interests of the state or society, but in the interests of a separate business entity with which he has or had close ties - such behavior can be qualified as unlawful use of influence 

Recall

Journalists of UNN, having spoken with representatives of the pharmaceutical market and sources close to the family of the owners of the "Darnytsia" plant, Kateryna and Hlib Zahorii, found out that at the beginning of summer 2024, the Zahoriis developed a plan for market redistribution, the goal of which is to displace small manufacturers, eliminate large distributors, and shift responsibility for high drug prices to pharmacy chains. The implementation of this plan would be impossible without political support, so, according to sources, "Darnytsia" turned to People's Deputy Serhiy Kuzminykh, a long-time acquaintance of the family and head of the pharmacy subcommittee. 

The first stage was a campaign against pharmacy marketing, which was presented in the public space as the main reason for "markups" on prices. As a result of public pressure, the Ministry of Health was forced to limit marketing, but the promised price reduction did not happen - manufacturers, including "Darnytsia", reduced the cost of only a few drugs from the TOP-100 list, while prices for other drugs remained unchanged or began to rise. At the same time, "Darnytsia's" profit, according to various estimates, increased by half a billion hryvnias monthly. 

Despite the fact that the promised effect for patients was not achieved, Kuzminykh continues to openly promote the interests of "Darnytsia" - both through social networks, and through controlled media, and at closed meetings. In addition, according to journalists, the charitable foundation co-founded by Kuzminykh received significant sums from the Zahorii family's foundation - co-owners of "Darnytsia". This even became the subject of a NACP check.