Administrative Liability for Offenses Related to Medicinal Products’ Electronic Retail Trade
Abstract
The scientific research is focused on the specific features of administrative liability for offenses committed during the electronic retail trade of medicinal products. Ukrainian and European legislative acts regulating the circulation of medicinal products have been studied. The works of researchers who determined the specifics of administrative liability for offenses in the field of pharmaceutical activity have been also studied.
It is argued that administrative liability for offenses committed during the electronic retail trade of medicinal products can be defined as the application of organizational or financial restrictions by competent authorities in relation to legal entities and individuals for violation of pharmaceutical legislation, which encroach on the established proceedings of public pharmacy management. The authors have provided characteristics of certain types of administrative offenses that can be committed during the electronic retail trade of medicinal products. The authors have determined the powers of the authorities to bring pharmaceutical employees who have committed administrative offenses during the electronic retail trade of medicinal products to administrative liability.
References
- Hovpun O. S. Pharmaceutical legal relations: main classification criteria. Legal bulletin. 2019. Issue 11. Part 1. P. 121–127.
- Hovpun O. S. Administrative liability in the pharmaceutical sphere: concepts, types and problems of legal regulation. Carpathian Legal Bulletin. 2018. Issue 1 (22). Volume 5. Part 1. P. 137–141.
- Vovk N. V., Svitlychnyi O. P. Administrative and legal regulation of pharmaceutical activity in Ukraine: ways of improvement: monograph. Kyiv: NUBiP Ukrainy, 2018. 185 p.
- Strelchenko O. H. Doctrinal characteristics of administrative liability for the violation of norms (rules) in the sphere of circulation of medicinal products. Entrepreneurship, economy and law. 2019. No. 3. P. 179–183.
- Aleksieiev O. H. Features of legal liability in the pharmaceutical sector of health care. Modern aspects of medicine and pharmacia – 2017: theses of the All-Ukrainian scientific and practical conference of young researchers and students with international participation, devoted to the Science Day (May 11–12, 2017,
Zaporizhzhia City). Zaporizhzhia: ZDMU, 2017. P. 167. - Hutorova N. O. The shadow online market of medicinal products during the COVID-19 pandemic: legal means of countermeasures. Forum prava. 2021. No. 3. P.15–
- Lohvynenko B. O. Proceedings in cases on administrative offenses in the health care sector: training manual. Dnipro: Bila K.O. Publisher, 2020. 106 p.
- Pustovit Yu. Yu. Administrative liability of legal entities: legal regulation. Scientific notes. Series: 2022. Issue 12. P. 265–270.
- Kravets M. O. Administrative liability of legal entities. Actual problems of native jurisprudence. 2017. No. 4. P. 75–
- On Medicinal Products: Law of Ukraine dated from April 4, 1996
123/96-VR. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/123/96-вр (date of access: May 2, 2022). - On the approval of the Licensing Conditions for conducting economic activities for the production of medicinal products, wholesale and retail trade of medicinal products, import of medicinal products (except for active pharmaceutical ingredients): Resolution of the Cabinet of Ministers of Ukraine dated from
November 30, 2016 No. 929. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/929-2016#Text (date of access:
May 2, 2022). - On the Community code relating to medicinal products for human use: Directive 2001/83/EC of the European Parliament and of the Council dated from November 6, 2001. Official journal of the European Union. 2001. L 311. P. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2001:311:TOC (date of access: May 2, 2022).
- Code of Ukraine on Administrative Offenses: Law of the Ukrainian SSR dated from December 7, 1984 No. 8073-Х. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/80731-10#Text (date of access: May 2, 2022).
- Fundamentals of Legislation on Health Care of Ukraine: Law of Ukraine dated from November 19, 1992 No. 2801-ХІІ. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2801-12#Text (date of access: May 2, 2022).
- On the Basic Principles of State Supervision (Control) in the Field of Economic Activity: Law of Ukraine dated from April 5, 2007 No. 877-V. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada. gov.ua/laws/show/877-16#Text (date of access: May 2, 2022).
- On Licensing the Types of Economic Activities: Law of Ukraine dated from March 2, 2015 No. 222-VIII. Verkhovna Rada of Ukraine. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/222-19#Text (date of access: May 2, 2022).