Comments concerning functioning of different tipes of drugstores

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Pharmaceutical business is one of the most profitable. That’s why number of drugstores is always increases. A lot of sole traders suppose that a pharmacy kiosk is the most suitable form for beginning your own business because it demands less investment.  Of course, until recently a populous place and a small square of this object had provided quite good profits. However, the laws which regulate trade of medicines were changed and it changed a situation in the pharmaceutical business significantly.

So the main legal act which regulates the pharmaceutical business is License regulations on production, wholesale and retail of medicines dated the 6th of August 2013. This document was published at the web-site of the Verkhovna Rada and it has a term “pharmacy kiosk”. However, the Article 2 of the Order of the Ministry of Health of Ukraine dated the 31th of October 2011 no. 723 defines that the provisions on a pharmacy kiosk were cancelled since the 29th of December 2012. Licenses are not issued for pharmacy kiosks. There is an inconsistency of legal clauses which make impossible to get a license for a pharmacy kiosk and trade of medicines there.

There is a confusion between two terms “pharmacy point” and “pharmacy kiosk” ’while detail examination of the situation. We will look through the License regulations for this. According to the Article 1.3 a kiosk is a chapter of a drugstore where only ready medicines and medicines without a receipt can be sold.  A pharmacy point is also a chapter of a drugstore where also ready medicines can be sold but only in medical and preventive institutions.

A drugstore is a healthcare institution where retail of medicines is conducted for individuals and legal entities.

It means that a pharmacy kiosk is a drugstore in miniature. Obviously, they decided that a pharmacy kiosk did the same functions as a drugstore. That’s why they were cancelled. However, a pharmacy point still continues to work in medical institutions.

There is an important matter: a lawmaker defined the term of “retail of medicines”. It is a purchase, storage and realization of ready medicines through drugstores and drugstores points for individuals of healthcare institutions (except drugstores), for companies and organizations without right to resale them.

As follows, retail of medicines can be made only through drugstores and drugstore points at the moment. Trade of medicines can be made through drugstore kiosks.

Legal retail of medicines by drugstores and chapters can be made only with a license. This document is issued by the State Service of Ukraine on Medicines and Drugs Control. Drugstores must be in accordance with the License regulations. Requirements are related to premises where drugstore will be located (a drugstore point) and personnel’s qualification. Except it, the quality of medicines must be guaranteed. Features of this, we will examine in our future articles.

Publication date: 04/09/2014
Marina Losenko

About author

Name: Marina Losenko

Position: Associate

Education: National Aviation University

Knowledge of languages: Russian, Ukrainian

Email: [email protected]

Marina Losenko is a lawyer of the company, specializing in corporate law and intellectual property law.

Marina has extensive experience of registration and dissolution of enterprises, charities and non-governmental organizations, representative offices of foreign companies as well as formalization of changes to registration information of the entities.

For quite a long time she has been working in the field of licensing and obtained licenses for different types of business activities including sale of medicines (license for activities of drugstores); wholesale of pesticides and agrochemicals; activities with scrap; activities with hazardous wastes; operations with scrap of precious metals and gemstones; private security services; transportation; tour services; use of redio frequency resource; IPTV services, etc.

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