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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 14, 2025 No. 168

About introduction of amendments to some Resolutions of the Cabinet of Ministers of Ukraine concerning price stabilization on medicines

The Cabinet of Ministers of Ukraine decides:

1. Bring in resolutions of the Cabinet of Ministers of Ukraine concerning price stabilization on change medicines which are applied.

2. This resolution becomes effective since March 1, 2025.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 14, 2025 No. 168

Changes which are made to Resolutions of the Cabinet of Ministers of Ukraine concerning price stabilization on medicines

1. Item 1 of the resolution of the Cabinet of Ministers of Ukraine of October 17, 2008 No. 955 "About measures for price stabilization on medicines and medical products" (The Official Bulletin of Ukraine, 2008, No. 84, Art. 2825; 2015, No. 54, Art. 1740; 2017, No. 26, Art. 749; 2019, No. 43, Art. 1483; 2021, No. 11, Art. 466, No. 67, Art. 4230; 2023, 65, 3697) to state No. to the Art. in the following edition:

"1. Establish:

1) on the medicines (except radio pharmaceutical medicines, narcotic, psychotropic medicines, medical gases, and also medicines containing precursors) included in the National list of the main medicines acquired at the expense of the sources which are not prohibited by the legislation except means state and/or local budgets, limiting supplying and sales allowances is not higher than 8 percent charged to wholesale selling price taking into account taxes and fees and limiting trade (retail) allowances, proceeding from purchase price taking into account the taxes which are not exceeding such sizes:

2) on medicines (except the medicines included in the National list of the main medicines, radio pharmaceutical medicines, narcotic, psychotropic medicines, medical gases, and also the medicines containing precursors) which according to the instruction for medical application are subject to leave according to the recipe, are acquired at the expense of the sources which are not prohibited by the legislation except means state and/or local budgets, limiting supplying and sales allowances are not higher than 8 percent, limiting trade (retail) allowances, proceeding from purchase price taking into account the taxes which are not exceeding such sizes are charged to wholesale selling price taking into account taxes and fees, and:

3) on medicines (except the medicines which are containing precursors and subject to leave without recipe, and also the medicines included in the National list of the main medicines and subjects to leave without recipe) which according to the instruction for medical application are subject to leave without recipe, the acquired at the expense of the sources which are not prohibited by the legislation except means state and/or local budgets, limiting supplying and sales allowances is not higher than 8 percent charged to wholesale selling price taking into account taxes and fees, and limiting trade (retail) allowances are not higher than 35 percent charged to purchase price taking into account taxes;

4) on medicines (except radio pharmaceutical medicines, narcotic, psychotropic medicines, medical gases, medicines containing precursors, the medicines which are subject to purchase according to agreements of the managed access or reimbursation) which are acquired and/or compensated fully or partially at the expense of means state and/or local budgets, limiting supplying and sales allowances is higher than 8 percent charged to wholesale selling price taking into account taxes and fees, limiting trade (retail) allowances are higher than 10 percent charged to purchase price taking into account taxes;

5) on medicines (except insulin medicines) and medical products which cost is subject to reimbursation according to the legislation, the limiting supplying and sales allowances in the amount of 8 percent charged to wholesale selling price taking into account taxes and the limiting trade (retail) allowances in the amount of 15 percent charged to purchase price taking into account taxes;

6) on insulin medicines which cost is subject to reimbursation according to the legislation, the limiting supplying and sales allowances in the amount of 8 percent charged to wholesale selling price taking into account taxes and the limiting trade (retail) allowances in the amount of 10 percent charged to purchase price taking into account taxes;

7) to medicines which retail price for packaging taking into account taxes does not exceed 50 hryvnias zero kopeks acquired at the expense of the sources which are not prohibited by the legislation except means state and/or local budgets, action of subitems 1 - 3 these Items do not extend.".

2. Item 4 of the Procedure for pricing on medicines and products of medical appointment concerning which state regulation is entered, the Cabinet of Ministers of Ukraine approved by the resolution of March 25, 2009 No. 333 "Some questions of state regulation of the prices of medicines and products of medical appointment" (Official Bulletin of Ukraine, 2009, No. 27, Art. 906), to state in the following edition:

"4. Wholesale selling price is:

1) the price of commodity unit which is established in the agreement signed between the domestic subject of managing having the license for production of medicines, and the subject of managing, performing wholesale trade by goods;

2) the price of commodity unit, established in the agreement signed between domestic subject of managing which has the license for production of medicines and is the owner of the registration certificate / his authorized representative by request of whom (under the contract) such goods, and the subject of managing performing wholesale trade by goods are made;

3) the price of unit of the imported goods if importer is the subject of managing performing wholesale trade by goods which are not the owner of the registration certificate on the imported goods / his authorized representative and/or which is not connected by the control relations with the producer of the imported goods and/or the owner of the registration certificate on the imported goods / his authorized representative;

4) the price of the commodity unit established in the contract between the importer which is the owner of the registration certificate on the imported goods / his authorized representative and/or the subject of managing connected by the control relations with the producer of the imported goods and/or the owner of the registration certificate on the imported goods / his authorized representative, and the subject of managing performing wholesale trade by goods;

5) the commodity unit price which as of March 1, 2025 is not 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, by Art. 906; 2022, No. 6, the Art. 343) established in the agreement signed between the subjects of managing performing production and/or import, and/or wholesale trade by goods, the property right to which passed to the subject of managing performing wholesale trade by goods till March 1, 2025.

3. The resolution of the Cabinet of Ministers of Ukraine of March 13, 2022 No. 303 "About the termination of measures of the state supervision (control) in the conditions of warlike situation" (The Official Bulletin of Ukraine, 2022, No. 25, Art. 1355; 2025, 8, the Art. 649) to add No. with Item 4-3 of the following content:

"4-3. Determine that action of Item 1 of this resolution does not extend to planned and unplanned actions of the state supervision (control) of observance by the subjects of managing performing activities in the field of wholesale and retail trade by medicines and medical products, requirements for forming, establishment and use of the state regulated prices.".

4. The resolution of the Cabinet of Ministers of Ukraine of November 30, 2016 No. 929 "About approval of Licensed conditions of implementation of economic activity on production of medicines, wholesale and retail trade by medicines, import of medicines (except active pharmaceutical ingredients)" (2016, No. 99, the Art. 3217) to add the Official Bulletin of Ukraine with Item 2-2 of the following content:

"2-2. Determine that, to physical persons - the entrepreneurs performing economic activity on production of medicines, wholesale, retail trade by medicines, import of medicines (except active pharmaceutical ingredients), before introduction by the Cabinet of Ministers of Ukraine of separate summarizing of wholesale prices for all medicines provision of marketing services, services in promotion of medicines, the information and other services connected with realization of medicines to the final consumer is forbidden to legal entities irrespective of their form of business and pattern of ownership.

At the same time carrying out the transactions providing complete or partial cost recovery of the allotted medicines within socially oriented programs of support of patients which are implemented only in interests and for benefit of final consumers is allowed.".

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