Over five months without a solution: marketing agreements are still banned, and the market awaits clear rules

The pharmaceutical market of Ukraine has been in a “suspended” state for more than 5 months. After all, all this time, the authorities, together with market players, cannot make a final decision on the resumption of marketing agreements between pharmaceutical manufacturers and pharmacies. 

As of July 2025, the discussion of another government resolution that should regulate the limitation of marketing payments is ongoing, said UNN People’s Deputy, member of the relevant Committee of the Verkhovna Rada of Ukraine on National Health, Medical Care and Medical Insurance Yuriy Zaslavsky. He also added that the latest version of the document on pharmaceutical market regulation does not contain clear restrictions on the amount of marketing payments, but the approval process is blocked due to legal caveats.

The discussion of the third or even fourth version of the resolution is ongoing, and in the latest versions there are no longer any percentage restrictions. There are a number of objective reasons why the introduction of such restrictions is legally difficult. Both the Ministry of Justice and the Ministry of Health have provided their conclusions — both agencies do not support the idea of setting rigid percentage limits. As a result, the situation is suspended: the government is looking for a solution that will allow it to get out of this regulatory deadlock. Manufacturers, as before, insist on restrictions, and the retail segment is mostly against them. There is hope that next week the process will be completed and a finalized decision will appear

Meanwhile, the market continues to be in a state of uncertainty, without the ability to plan business. After all, the regulation of marketing agreements significantly affects the financial model of pharmacy chains, distributors, and manufacturers themselves. In the absence of clear rules, market participants cannot forecast revenues, negotiate with partners, or make strategic decisions regarding the assortment.

Industry participants also emphasize that the delay in the process already has negative consequences. Firstly, during this period, the expected reduction in drug prices was not achieved. Secondly, confusion arose in reporting, legal obligations, and terms of cooperation between the parties, which increases risks and costs.

In addition, People’s Deputy, Deputy Head of the Verkhovna Rada Committee on National Health Oksana Dmytrieva, as UNN wrote earlier, emphasized that the biggest difficulty now is finding a balance between state regulation and economic autonomy. After all, the law allows establishing the procedure and conditions for providing marketing services – this is supported by most market participants. 

However, when it comes to setting maximum volumes in the form of percentages, a completely different situation arises. Part of the market believes that this is a form of interference in contractual relations, which can be recognized as a restriction of economic freedom. On the other hand, restrictions are necessary to prevent possible abuses, and most importantly, to create conditions for reducing drug prices. 

At the same time, Dmytrieva stated that there are no restrictions on marketing percentages in Europe. There, the focus is on transparency of financial relations, prohibition of unfair competition, disclosure of marketing payments, and rules that are uniform for all market participants and do not hinder competition.

RecallSince March 1, 2025, Cabinet of Ministers Resolution No. 168 has been in force in Ukraine, which temporarily prohibited the conclusion of marketing agreements between pharmaceutical manufacturers and pharmacies. The document also established restrictions on trade markups for medicines. According to the government’s plan, such measures were supposed to reduce drug prices and increase the transparency of relations between market participants.

However, according to estimates of specialized analysts, as of June 2025, the expected effect has not been achieved. On the contrary, an increase in the cost of medicines has been recorded. The Patients of Ukraine charitable foundation also states that most patients have not noticed any improvement in either pricing or the availability of medicines.