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Procedure for Selection of Specialized Organizations Carrying Procurement of Drugs and Medical Products Will Be Developed

Resolution of the Cabinet of Ministers of Ukraine No. 206 as of March 21st, 2018 amends paragraph 1 of Resolution of the Cabinet of Ministers of Ukraine “Some Issues of Public Procurement of Drugs and Medical Products Involving Specialized Organizations Engaged in Procurement” No. 622 as of July 22nd, 2015, which, in particular, sets criteria for selection of specialized organizations.

Provisions of Resolution No. 206 do not change the criteria, but only clarify the mechanism of selection of specialized organizations engaged in procurement.

In particular, the previous edition of paragraph 1(1)(9) stipulated that such a decision should be approved by the Ministry of health. Now the decision is made and approved in the order established by the Ministry of Health, as the specialized procurement organizations may choose. Since the order for now has not been established, it can be stated that in pursuance of the made amendments the Ministry of Health must develop the corresponding order for selection of procurement specialized organizations.

Besides, Resolution No. 206 determined an additional requirement to state enterprises of the Ministry of Health accompanying the goods on the territory of Ukraine based on the corresponding agreements. Namely, such enterprises must have necessary production capacities. It should be noted that the mentioned amendments do not solve the issue of allowing private logistics companies having proper technical capacities to provide such services. The issue has been discussed by experts for a long time.

Also the term “medical intended products” has been substituted by “medical products”.

Resolution No. 206 itself has not entered into force yet. For its text see https://www.kmu.gov.ua/ua/npas/pro-vnesen-1.

In order to avoid confusion, it should be noted that 2 years ago Resolution of the Cabinet of Ministers of Ukraine No. 559 as of August 23rd, 2016 amended paragraph 1 of Resolution No. 622 as of July 22nd, 2015, namely price of goods has been excluded from selection criteria for specialized organizations engaged in procurement of drugs and medical products.

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