В. І. Теремецький доктор юридичних наук, доцент, професор кафедри цивільного права і процесу Тернопільського національного економічного університету С. В. Книш кандидат юридичних наук, завідувач кафедри загальнотеоретичних правових дисциплін Рівненського інституту Київського університету права Національної академії наук України
The purpose of the article was to characterize the processes related to the genesis of the legal guarantee of the Ukrainian pharmacy. The methodological basis meant a set of general scientific and special legal methods of scientific knowledge, the use of which was determined by the purpose, objectives and specifics of the subject. It has been concluded that the emergence and formation of the legal guarantee of pharmacy has ancient origins, but its development is taking place at the present time, as new standards of Ukrainian pharmacy are still being formed. Four stages in the formation of pharmaceutical relations have been distinguished. It has been emphasized that the current state of the legal guarantee of pharmacy begins its development from the moment when Ukraine gained independence. That led to the emergence of new forms of economic management within the pharmacy, which affected its formation of legal guarantee. In particular, it was necessary to create the system of state control over the quality of medicines. The processes of globalization of the markets of production and sale of medicines required the updating of technologies for the production of drugs by domestic manufacturers.
The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine. The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine. The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care. It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities. The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities. The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate. The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research.
Introduction: A new medical reform started in Ukraine from January 1, 2018, new bills were drafted and the current legislation was amended. The legislator began to gradually abandon organizational and legal ways to improve the functioning of medical institutions in order to develop the market of medical services, as well as to ensure the protection of patients’ rights. The main issue of health care reform was the improvement of state administration, in particular the creation of new mechanisms for financing medical institutions. The aim: The objective of the article is to conduct theoretical study of the specific features of state administration in the health care sphere in Ukraine and to substantiate practical recommendations for its improvement taking into account the European integration processes. Materials and methods: The author of the article has used the methods of analysis and synthesis, as well as a comparative legal method. The analysis of the current legislation and world experience in reforming the medical sector assisted to determine the problematic issues of this publication, as well as to formulate the author’s point of view on the ways to improve state administration through the health care system under conditions of medical reform in Ukraine. Review: The author has studied the directions for the modernization of state administration by the health care system in the context of medical reform in Ukraine. Conclusions: It has been emphasized that the management reform by its nature does not pay enough attention to ensuring the medical rights of citizens, as evidenced by the legislation’s provisions regulating the access to a patient data. Improving public administration of the health care sphere is possible through the involvement of a group of international experts from among the EU Member States to determine the optimal mechanism for transitioning to the system of compulsory state health insurance.
The scientific article is devoted to the peculiarities of the legal regulation of the economic activity of pharmacies in Ukraine. The legislative and by-laws regulating the circulation of medicinal products have been studied. Scientific works devoted to the legal regulation of pharmaceutical activity have been studied. The peculiarities of the economic activity of pharmacies have been determined. A doctrinal definition of a pharmacy has been proposed as a business entity that carries out the wholesale purchase of medicinal products for retail sale to citizens as end consumers. It is claimed that the retail sale of medicinal products should occur based on a license if the pharmacy complies with the license terms of such activity. Licensing conditions are established for the pharmacy staff and the equipment on the premises for the storage of medicinal products. Requirements are set for the total area of the pharmacy and the size of the sales hall, staff room, and warehouse space. Attention is drawn to the fact that pharmacy employees must comply with the requirements of legislation on the protection of consumer rights. The subject of trade is specific products, that are medicinal products registered in Ukraine. Medicines must have the necessary manufacturer’s documentation. It is essential to prevent trade in falsified medicines. It has been concluded that several conditions characterize the contract for the supply of medicinal products. In particular, regarding the assortment and quantity of medicinal products, that are transferred to the property and the conditions of storage of medicine during transportation. It has been proposed to introduce a number of amendments to the Law of Ukraine “On Medicinal Products”. At the legislative level, it is necessary to regulate the legal status of pharmacies and the peculiarities of the retail trade of medicinal products. It has been claimed that a separate section should be established in the Law of Ukraine On Medicinal Products that would regulate the economic activity of pharmacies. In this section, it is necessary to provide norms that would regulate the conditions for the pharmacy establishment. It is necessary to establish requirements for the pharmacy staff, separate premises, and conditions for the storage of medicinal products. Features of the protection of the consumer’s rights of medicinal products should be established in the legislation by separate norms. Special terms of contracts for the supply of medicinal products should be enshrined in the branch legislation on the circulation of medicinal products.
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