ISSN 1993-0909 e-ISSN 2663-3116  
en English
Submit an article
Journal of the National Academy of Legal Sciences of Ukraine

Article

Download article

Legislative Principles for Public Procurement of Medicinal Products in the Conditions of Digitization (Digitisation) of Society

Liliia V. Pyliuha

Received 16.01.2026, Revised 16.02.2026, Accepted 31.03.2026

Abstract

The article provides a comprehensive administrative and legal analysis of the legislative principles of public procurement of medicines in the context of the digitalization (digitization) of society. It is substantiated that under the conditions of digital transformation of public administration, procurement of medicines goes beyond the limits of purely financial and economic tools and is formed as a special segment of administrative and legal regulation, directly related to the implementation of the public interest, guaranteeing the constitutional right to health care and the functioning of the digital state. The administrative and legal nature of procurement of medicines as a digital administrative process is specified, in which the electronic procurement system acts as an organizational and legal form of exercising government and administrative powers and at the same time - an environment for legally significant actions that generate legal consequences and are subject to control and appeal. Special attention is paid to the subject composition of procurement in the healthcare sector and it is clarified that the procurement of medicines is carried out by all customers within the meaning of the legislation on public procurement, and not exclusively by the Ministry of Health of Ukraine. The feasibility of distinguishing between internal delegation of the procurement function (through an authorized person within the customer) and external delegation (through centralized procurement organizations and/or specialized organizations that carry out procurement) is proven. It is emphasized that the legal regulation of the procurement of medicines has a “dual” framework: the general procedural regime of public procurement is combined with the special requirements of pharmaceutical legislation regarding the quality, safety and circulation of medicines, and the range of potential suppliers is determined, in particular, through the licensing conditions of the relevant types of activity (production, import, wholesale/retail trade). The main problems of the legislative regulation of digital procurement are identified and directions for improving the administrative and legal mechanism in this area are substantiated. It was concluded that the further development of digital procurement of medicines requires a holistic administrative and legal model focused on results – timely and continuous provision of the population with safe and high-quality medicines – while maintaining competition, accountability, and legal certainty.

Keywords:

public procurement; medicinal products; public administration; digitalisation; administrative and legal regulation; central purchasing bodies; authorised procurement officer; digital state.

https://doi.org/10.31359/1993-0909-2026-33-1-197

Retrieved from Journal NALSU №1, 2026 year

Pages 197-219

References Suggested citation

References

[1] World Health Organization. (n.d.). World Health Organization. Retrieved from https://www.who.int/

[2] European Commission. (n.d.). Digital procurement. Internal Market, Industry, Entrepreneurship and SMEs. Retrieved from https://single-market-economy.ec.europa.eu/single-market/public-procurement/digital-procurement_en

[3] Hochstetter, J., et al. (2023). Transparency and e-government in electronic public procurement as sustainable development. Sustainability, 15(5), 4672. Retrieved from https://doi.org/10.3390/su15054672

[4] Galushchak, M.P., & Galushchak, O.Ya. (2024). Electronic public procurement in Ukraine during martial law. Ternopil. Retrieved from https://elartu.tntu.edu.ua/handle/lib/46658

[5] Constitution of Ukraine. (1996, June). Retrieved from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text

[6] Koba, T.M. (2025). Improvement of public procurement of medicines and medical devices under the implementation of health technology assessment in Ukraine (Doctoral dissertation, National University of Pharmacy, Kharkiv, Ukraine). Retrieved from https://nuph.edu.ua/wp-content/uploads/2025/03/dysertatsiia-koby-t.m..pdf

[7] On public procurement: Law of Ukraine. (2015, December). Retrieved from https://zakon.rada.gov.ua/laws/show/922-19#Text

[8] On medicines: Law of Ukraine. (1996, April). Retrieved from https://zakon.rada.gov.ua/laws/show/123/96-%D0%B2%D1%80#Text

[9] Balakaryeva, I.M., Boiko, I.V., & et al. (2020). Administrative law of Ukraine. In Bytiak, Y.P. (Ed.). Kharkiv: Pravo.

[10] On personal data protection: Law of Ukraine. (2010, June). Retrieved from https://zakon.rada.gov.ua/laws/show/2297-17#Text

[11] Organisation for Economic Co-operation and Development. (n.d.). Retrieved from https://www.oecd.org/en.html

[12] ProZorro. (n.d.). Retrieved from https://prozorro.gov.ua/uk

[13] On electronic documents and electronic document circulation: Law of Ukraine. (2003, May). Retrieved from https://zakon.rada.gov.ua/laws/show/851-15#Text

[14] On approval of the features of public procurement of goods, works and services for customers provided for by the Law of Ukraine “On Public Procurement”, for the period of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation: Resolution of Cabinet of Ministers of Ukraine. (2022, October, No. 1178). Retrieved from https://zakon.rada.gov.ua/laws/show/1178-2022-%D0%BF#Text

[15] On the peculiarities of the establishment and operation of centralized procurement organizations: Resolution of Cabinet of Ministers of Ukraine. (2018, December). Retrieved from https://zakon.rada.gov.ua/laws/show/1216-2018-%D0%BF#Text

[16] Some issues of implementation of the experimental project concerning the activities of a centralized procurement organization in the healthcare sector: Resolution of Cabinet of Ministers of Ukraine. (2021, October). Retrieved from https://zakon.rada.gov.ua/laws/show/1093-2021-%D0%BF#Text

[17] Some issues of procurement of medicines and medical devices with the involvement of specialized procurement organizations: Resolution of Cabinet of Ministers of Ukraine. (2015, July). Retrieved from https://zakon.rada.gov.ua/laws/show/622-2015-%D0%BF#Text

[18] On approval of the procedure for selection by the Ministry of Health of Ukraine of specialized organizations that carry out procurement of medicines and medical devices: Order of Ministry of Health of Ukraine. (2020, July). Retrieved from https://zakon.rada.gov.ua/laws/show/z0746-20#Text

[19] On approval of licensing conditions for conducting economic activities on manufacturing of medicines, wholesale and retail trade in medicines, and import of medicines (except active pharmaceutical ingredients): Resolution of Cabinet of Ministers of Ukraine. (2016, November). Retrieved from https://zakon.rada.gov.ua/laws/show/929-2016-%D0%BF#Text

[20] On approval of the procedure for publishing public procurement information: Order of Ministry of Economy of Ukraine. (2020, June, No. 1082). Retrieved from https://zakon.rada.gov.ua/laws/show/z0610-20#Text

[21] Shkolnyk, I., Bukhtiarova, A., & Horobets, L. (2018). The efficiency of electronic public procurement system in Ukraine. Public and Municipal Finance, 7(3), 43-55. https://doi.org/10.21511/pmf.07(3).2018.05

[22] On electronic trust services: Law of Ukraine. (2017, October). Retrieved from https://zakon.rada.gov.ua/laws/show/2155-19#Text

[23] State Audit Service of Ukraine. (n.d.). Retrieved from https://dasu.gov.ua/

[24] Sobolskyi, I.V., & et al. (2025). Individualized procurement of medicines in Prozorro Market as a factor of cost savings for hospitals. Scientific Notes of Lviv University of Business and Law, 45, 383-393. Retrieved from https://nzlubp.org.ua/index.php/journal/article/download/1714/1493 htpps://doi.org/10.5281/zenodo.16729040

Suggested citation

Pyliuha, L.V. (2026). Legislative Principles for Public Procurement of Medicinal Products in the Conditions of Digitization (Digitisation) of Society. Journal of the National Academy of Legal Sciences of Ukraine, 33(1), 197-219. https://doi.org/10.31359/1993-0909-2026-33-1-197