Associates of Legal Alliance Company Told Pharmaceutics about Practical Aspects of Carrying out of Contract Obligations

On April 1, 2015 Partner of Legal Alliance Company Anatolii Menshykov and Associate Oleksandr Yanev were speakers on the seminar “Practical aspects of carrying out of contract obligations in pharmaceutical companies’ activities. Peculiarities and risks of using the tax compromise”, which was organized by Ukrainian Pharmaceutical Institute of Quality.

The Mr. Menshykov’s report covered the aspects of application of the Law of Ukraine “On amendments to Tax Code of Ukraine concerning specification of tax obligations on the profits tax and the VAT in the case of the tax compromise”, dated 25.12.2014 № 63-VIII.

Within the report, the speaker told about the application order for tax compromise procedure. It is observed that the Law on the tax compromise came into force on January 17, 2015 and using of the right of voluntary tax obligation declaration for profits tax and the VAT was able till April, 17. The force of the Law on the tax compromise is restricted by 90 days from the moment of coming into force. The pass of mentioned term divests the taxpayer to use the right of the tax compromise

It was noted, that the procedure of the tax compromise is terminated by payment to budget of 5 % of the tax obligation sum declared by the taxpayer. The term of payment to the budget is limited by 10 days. The violation of the term leads to termination of the tax compromise procedure.

Moreover, it was noticed that a few of taxpayers used the right of tax compromise. Usually this mechanism is used by taxpayers who appealed against decision-notification in administrative and judicial procedure by the moment of coming into force of the Law.

The speaker opinion is: «The procedure of tax compromise is quit acceptable and not congested. The using practice demonstrates that taxpayers, who decided to use mentioned right, didn’t face with significant obstacles».

In his turn, Mr. Yanev devoted his report to issues of medicinal products purchase with the participation of international organization. The lawyer told about the Law of Ukraine On supporting of timely access of patients to medicinal products and medical devices by public purchase with participation of specialized organizations, adopted by the Verkhovna Rada of Ukraine (the Law N 2150).

During his speech, Oleksandr discussed with participants legal amendments, which are expected after coming into force of the Law N 2150, in particular, changes in Articles 9 and 17 of the Law of Ukraine “On medicinal products”. Thus, this legal act establishes the background for simplifying of state registration of medicinal products, which will be purchased by specialized organizations. The simplifying of the state registration will be provided by reducing of the quantity of documents, which should be submitted by applicant, reduction of term for state registration (no more than 7 working days) and the term of expert assessment of proposed materials (no more than 7 working days).

In addition, Oleksandr Yanev noticed that although the Law established state registration procedures for free, the expert assessment of proposed materials is still paid and is carried out in accordance with the contract between the applicant and the State Expert Centre.

Moreover, special attention was paid to the necessity of elaboration of new regulations of The Cabinet of Ministers of Ukraine and the Ministry of Healthcare of Ukraine and amends of current regulations and orders.

In Oleksandr Yanev’s opinion: «Prompt adoption of quality basis for the Law 2150 will become, firstly, an indicator of political responsibility of government and management of specialized ministry. Secondly, it will allow to establish expected mechanism of purchase of vital and essential medicines by specialized international organizations».