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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 3, 2019 No. 426

About reference pricing on some medicines which are bought for budgetary funds

(as amended on 27-01-2021)

According to articles 5 and 13 of the Law of Ukraine "About the prices and pricing" the Cabinet of Ministers of Ukraine decides:

1. Enter state regulation of the prices of some medicines which are bought for budgetary funds since July 1, 2019 and are included in the list of medicines determined by the Ministry of Health, by limiting establishment of wholesale selling prices on them on the basis of the prices of the medicines registered in the Republic of Poland, the Slovak Republic, the Czech Republic, the Republic of Latvia, Hungary (further - the reference countries).

The list of medicines which are included in the National list of the main medicines and on which extreme wholesale selling prices are established (further - the list) is created according to the procedure, determined by the Ministry of Health, the medicines included in the National list of the main medicines approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2009 No. 333 "Some questions of state regulation of the prices of medicines and products of medical appointment" (The Official Bulletin of Ukraine, 2009, No. 27, Art. 906; 2018, No. 4, the Art. 157), taking into account the prices of such medicines in the reference countries and Ukraine.

2. Determine that:

1) limiting calculation of wholesale selling prices on the medicines included in the list is performed according to the procedure, determined by the Ministry of Health. The list, the limiting register of wholesale selling prices on some medicines included in the National list of the main medicines, and form of the specified register affirm the Ministry of Health;

2) institution and healthcare institution which are fully or partially financed from state and local budgets, is bought by medicines which are included in the list, at the prices which are not exceeding the wholesale selling prices established by the limiting Ministry of Health taking into account taxes and fees, and also limiting supplying and sales and trade (retail) allowances determined by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2008 No. 955 "About measures concerning price stabilization on medicines" (The Official Bulletin of Ukraine, 2008, No. 84, by Art. 2825; 2019, No. 22, Art. 779);

3) operation of this resolution does not extend on:

medicines which are bought according to Item 19 parts five of article 3 of the Law of Ukraine "About public purchases";

the medicines included in the list of the international unlicensed names of medicines approved by the resolution of the Cabinet of Ministers of Ukraine of March 17, 2017 No. 152 "About ensuring availability of medicines" (The Official Bulletin of Ukraine, 2017, No. 26, Art. 749; 2019, No. 21, Art. 716);

medicines of insulin, the prices for which are regulated according to the resolution of the Cabinet of Ministers of Ukraine of March 5, 2014 No. 73 "Questions of realization of pilot project on implementation of state regulation of the prices of insulin medicines" (The Official Bulletin of Ukraine, 2014, No. 25, the Art. 756), till January 1, 2020;

medicines which are bought according to agreements of the managed access.

3. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

4. To the Ministry of Health in two-month time to develop and approve the regulatory legal acts necessary for execution of this resolution.

5. This resolution becomes effective from the date of its publication, except the subitem 2 of Item 2 and Item 3 of this resolution which become effective since July 1, 2019.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 3, 2019 No. 426

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. Subitems 1 and 2 of Item 1 of the resolution of the Cabinet of Ministers of Ukraine of October 17, 2008 No. 955 "About measures concerning price stabilization on medicines" (The Official Bulletin of Ukraine, 2008, No. 84, Art. 2825; 2016, No. 3, Art. 166; 2017, No. 13, Art. 361; 2019, 22, 779) to state No. to the Art. in the following edition:

"1) on the medicines included in the National list of the main medicines (except narcotic, psychotropic medicines, precursors and medical gases), limiting supplying and sales allowances is not higher than 10 percent charged to wholesale selling price taking into account taxes and fees and limiting trade (retail) allowances proceeding from purchase price taking into account taxes which do not exceed the following sizes:

Purchase price, hryvnias

The trade (retail) allowance to purchase price, percent

To 100 (inclusive)

25

More than 100 to 500 (inclusive)

20

More than 500 till 1000 (inclusive)

15

More than 1000

10;

2) on medicines (except narcotic, psychotropic medicines, precursors and medical gases) which are acquired fully or partially at the expense of means state and local budgets, limiting supplying and sales allowances is not higher than 10 percent charged to wholesale selling price taking into account taxes and fees, and limiting trade (retail) allowances are not higher than 10 percent charged to purchase price taking into account taxes;".

2. The subitem 4 of Item 1 of the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 240 "Questions of declaring of change of wholesale selling prices on medicines" (The Official Bulletin of Ukraine, 2014, No. 56, Art. 1528; 2015, No. 54, Art. 1740; 2017, 13, 361) to state No. to the Art. in the following edition:

"4) requirements of this resolution do not extend on:

the medicines included in the list of medicines which are included in the National list of the main medicines and on which extreme wholesale selling prices are established, approved by the Ministry of Health;

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