Historical aspects of development of administrative responsibility institute for offenses in the pharmaceutical sphere of Ukraine
During the period of European integration processes that take place in Ukraine, the reform of the national legal system and legislation adaptation to the standards and requirements of the European Union is especially important. At the same time, the domestic legal inheritance in these processes remains without proper attention.
The study of the historical aspects for issues legislative support of liability for offenses in the pharmaceutical field in Ukraine at different historical periods, its formation and development is the main goal of our work.
In the course of article preparation we used a historical and legal research method of genesis of scientific views and the legislation on administrative responsibility for offenses in the pharmaceutical sphere. Such approach gives the chance to avoid unreasonable loan of foreign ideas and to create the original right which comes from own historical heritage.
«The sanitary patent» which has been granted on March 20 in 1773 by count Pergen, the vicar of Galichina was one of the first historical regulations which regulated a question of persons’ responsibility, guilty in violation of the established rules and norms of pharmaceutical activity. Researchers consider this document in essence as the first document which accurately regulated the question of pharmaceutical activity including a question of persons’ responsibility, guilty in violation of the established norms of pharmaceutical activity.
The Institute of liability of offences in the field of medicines received significant boost during the reign of Peter the First. On the 14th of August in 1721 the decree «About the creation of urban pharmacies being supervised by the Medical College, about the help for choosing out of medical supplies in the provinces, and about being supervised by mentioned College» has been issued.
The organizational structure of pharmaceutical branch of that period was fixed by Decrees of Council of People's Commissars of July 11 and 21 in 1918 by which the National Commissariat of health care has been based. Pharmaceutical section has been provided in structure of Narkomzdrav, and the Provision on it has been approved by the Order No. 16 of 29.08.1923.
State-legal regulation of relations connected with responsibility for violations of the pharmaceutical legislation in Ukraine has deep historical roots.
Despite the protectorate, which Ukrainian lands were under in this or that historical the period (The Austro-Hungarian empire, the Russian empire, the Soviet republic) the authorities of all these states realized the importance and the public significance of regulatory and legal settlement of population’s health care, and one of its most important components - the pharmaceutical sphere.
We consider that the given historical experience of settlement of responsibility for legislation violation in the pharmaceutical spheres should be used in modern development of both pharmaceutical and administrative-delictual legislation. In particular, to our mind the degree of the law violations specification about pharmaceutical activity (responsibility for violation of the drugstores opening order, violation of the pricing in pharmaceutical institutions order etc.) and also differentiation of punishments depending on offense are effective.
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