Ombudsman appealed to the Ministry of Health and the regulatory service due to the risk of closing pharmacies in villages and small towns

The new regulation of the pharmaceutical market, which should reduce the cost of medicines, poses a threat to the reduction of the pharmacy network in remote regions. Dmytro Lubinets, Commissioner of the Verkhovna Rada for Human Rights, appealed to the Ministry of Health and the State Regulatory Service with requests for an assessment of the impact of Cabinet Resolution No. 168. This is reported by UNN with reference to the Telegram channel of the Ombudsman.

According to Lubinets, the issue of access to medicines in difficult conditions of martial law remains one of the priorities in the field of human rights protection. Therefore, Cabinet Resolution No. 168 is a logical step. However, he reminded that the draft of this document was not submitted for consideration and approval to the Ombudsman. 

"It is a pity, because some aspects are worrying. For example, in the absence of compensatory mechanisms, there is a risk that some pharmacies, especially in small settlements, may lose their economic ability to operate. This creates a real threat of reducing the pharmacy network in remote regions - where access to medical services is already limited," said Dmytro Lubinets.

The Ombudsman expressed concern about the introduction of marginal supply and marketing markups on medicines and the ban on marketing payments to pharmacies from manufacturers, because for many pharmacies these payments were one of the key sources of income. Now the business has to cover all economic losses on its own. 

"As the Commissioner of the Verkhovna Rada for Human Rights, I emphasize that the implementation of socially important reforms should be based on the principle of proportionality - between the goals of state regulation and the real capabilities of market participants. The right to access to medicines is not limited to price - it also includes geographical and physical accessibility of pharmacies, the range of vital medicines, safety and quality of pharmaceutical services," said Lubinets.

He said that he had already appealed to the Ministry of Health and the State Regulatory Service with requests for an assessment of the implementation of Resolution No. 168. 

Let us remind you

The Cabinet of Ministers of Ukraine adopted Resolution No. 168 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Stabilizing Prices for Medicines" on February 14, which regulates the activities of the pharmaceutical market in Ukraine. However, this document did not pass approval with the State Regulatory Service, as required by law. Also, as it turned out, draft resolution No. 168 was not submitted for legal examination to the Ministry of Justice, as provided for by the Regulations of the Cabinet of Ministers of Ukraine. 

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 and provided by law. 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.