Changes in the regulation of marketing services in the field of circulation of medicinal products
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The Government of Ukraine has approved Resolution No. 1759 of the Cabinet of Ministers of Ukraine, dated 26 December 2025, which enters into force on 30 December 2025 and establishes a new procedure for the provision of marketing and promotional services related to medicinal products at the retail level (pharmacies).
Key changes
- Marketing and promotional services may be provided exclusively under a contract between a manufacturer (or importer) and a pharmacy/pharmacy chain, and only voluntarily. It is prohibited to require such services as a mandatory condition of cooperation.
- The provision of marketing services involving remuneration linked to the sale of medicinal products to the final consumer is prohibited (with an exception for measures aimed at reducing the cost of medicines for patients).
- Marketing services related to prescription-only medicines and reimbursed medicinal products are not permitted, except for patient support or social assistance programs.
- Expenditure on marketing services may not exceed 18% of the manufacturer/importer's quarterly sales volume of medicinal products (excluding VAT), which introduces a clear limitation on marketing budget planning.
- The parties to the marketing services agreement are required to submit annual reports to the State Service of Ukraine on Medicines and Drugs Control by 20 January, including information on concluded agreements, marketing expenditures, and sales volumes for the previous year.
What does this mean for business?
These changes are aimed at increasing transparency, preventing non-transparent incentives and remuneration in the sale of medicinal products, and ensuring a level playing field for all participants in the pharmaceutical market. They may significantly affect the structure of cooperation between manufacturers (importers) and pharmacy chains, requiring a review of existing agreements and internal marketing policies.
Recommended next steps
- Review and align marketing services agreements with the new regulatory requirements.
- Assess the impact of the 18% cap on marketing budgets and planning.
- Ensure proper and timely reporting to the State Service of Ukraine on Medicines and Drugs Control.
- Verify that the marketing services provided or received fully comply with the new regulatory framework and do not include prohibited elements.
For further information, please contact Borys Tyshchenko, Head of Pharmaceuticals and Healthcare Practice, at borys.tyshchenko@asterslaw.com or +380503022616
