THE CHALLENGES OF LEGAL REGULATION OF PUBLIC PROCUREMENT OF MEDICINES AND MEDICAL PRODUCTS IN UKRAINE

The purpose of this article is to investigate the requirements of the current statutory acts about the organization and conduct of public procurement of medicines and medical products, to identify the main problems in this area and ways to eliminate. Materials for the study of public procurement are: national legislation, the Government Procurement Agreement (GPA) WTO, etc. Materials for research in the field of medicines and medical products: "Convention for the Protection of Human Rights and Fundamental Freedoms", "The Concept of Reforming Procurement of Medicines and Medical Devices, Ancillary Products and Other Medical Products", Laws of Ukraine "Fundamentals of the legislation of Ukraine on health care", "On Medicines", etc. The topic of the study, its purpose and objectives, the nature of the object and the subject determined its methodological basis. In the article general theoretical methods of research have been used to highlight the current problems of legal regulation of public procurement of medicines and medical products. The specific scientific methods made it possible to perform a comparative analysis of public procurement in Ukraine and abroad and emphasized problems of laws and regulations harmonization. The statistical method made it possible to reach conclusions due to the appropriation of public funds for the purchase of medicines and medical products by specialized organizations. The main reason for the unproductive and unfeasible use of budget funds by the Ministry of Health of Ukraine is the transfer of the total amount of state funds to the accounts of international specialized organizations. Ukraine should urgently adopt the relevant law "On medical devices" that would adjust legal relations, connected to circulation, state supervision (control) of quality, including the safety and effectiveness of medical products, defining the rights, obligations and responsibilities of business entities, as well as subjects of organizational and economic authority in this area.