Problems of harmonization of the criminal legislation of the certain continental law countries to ensure the protection of the circulation of medicinal products

Wiad Lek. 2024;77(11):2180-2185. doi: 10.36740/WLek/197092.

Abstract

Objective: Aim: To find out the problems of the harmonization of the criminal legislation of the certain continental law countries to ensure the protection of the circulation of medicinal products.

Patients and methods: Materials and Methods: This study is based on the analysis of the international legal acts, in particular, the Directives of the EU, as well as Medicrime Convention, national acts of criminal legislation of the certain continental law countries (Germany, Austria, Switzerland, Ukraine, etc.), national judicial practice, data on the number of criminal proceedings in the courts of Ukraine, criminal and medical law legal doctrine (38 normative legal acts and 15 court judgments), data of the Office of the Prosecutor General of Ukraine. Dialectical, hermeneutic, comparative, analytical, synthetic and system analysis research methods were used.

Results: Results: The problems of harmonizing the criminal legislation of the certain continental law countries to ensure the protection of the circulation of medicinal products depend on: a) the level of legal regulation of the field of health care at the national level; b) availability of effective mechanisms for implementing the provisions of international and regional standards.

Conclusion: Conclusions: The formation of a model of criminal law protection of the circulation of medicinal products in continental law countries depends on harmonization with the basic international legal and regional standards and their implementation at the national level.

Keywords: circulation; harmonization; international standards; medicinal products; pharmaceutical activity.

MeSH terms

  • Austria
  • Criminal Law* / legislation & jurisprudence
  • European Union
  • Germany
  • Humans
  • International Cooperation / legislation & jurisprudence
  • Ukraine