Obligation of pharmacies to have settlement transaction registrars and right of consumers to return improper quality medicines

End of 2018 brought a number of new legislative acts for pharmacies. One of them is introduction in the next year of compulsory requirement to install in the pharmacies following the simplified taxation system of settlement transactions registrars (STR). This rule is enshrined in Law of Ukraine “On Amending the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine on Improvement of Administration and Review of Some Tax and Duty” No. 2628-VIII as of November 23^rd, 2018 adopted on November 23^rd, 2018 by the Parliament and effective since January 1^st, 2019.

It should be noted that according to Resolution of the Cabinet of Ministers No. 878 as of September 29^th, 2010, commercial entities engaged in sale of goods which use settlement transaction registrars under the law must make sure that special payment means to pay for goods are accepted by installing payment terminals. The number of payment terminals should be not less than 50% of STR, and if there is one STR – a pharmacy must have at least one payment terminal. It will let accept payments from buyers through bank cards. This requirement will not apply only to pharmacies located in settlements with population less than 25 thousand.

For violation of these rules Article 165¹⁵ of the Code of Ukraine on Administrative Offence prescribes sanction in the amount from UAH 1,700 to 3,400, and for a repeated offence within 1 year fine amount will be from UAH 8,500 to 17,000.

Law No. 2628-VIII also amends Article 8 of the Law of Ukraine “On Consumer Right Protection”. It provides that from January 1^st, 2019 consumer will be able to complain to a buyer (producer) about medicines and medical products in case of their improper quality presenting the receipt. Consumer will be able to require return of money paid for the goods or replacement of the goods on the same or analogous goods from those available with the buyer (producer).