Aktualʹnì Pitannâ Farmacevtičnoï ì Medičnoï Nauki ta Praktiki (Jul 2023)
Conceptual and terminological apparatus for disciplinary responsibility in pharmaceutical activity
Abstract
The analysis of the content of the norm and its interpretation by the Constitutional Court of Ukraine leads to the conclusion that the labor legislation does not comply with the requirements of the Constitution of Ukraine, and the emphasis is placed on the need to harmonize the relevant norms with the Basic Law. The aim of the work is to analyze the modern problem of terminological aspects of disciplinary responsibility in pharmaceutical activity according to the current legislation. Materials and methods. The research was conducted using comparative legal, historical methods, methods of analysis and synthesis. Results. Attention is paid to the problems of legislation related to the lack of a special approach to the regulation of disciplinary responsibility in pharmaceutical activity. It is noted that at the moment, a regime of general disciplinary responsibility has been established for pharmaceutical workers. Citing examples of the regulation of disciplinary responsibility in the pharmaceutical activity of developed countries, it is indicated that the modern national legislative approach does not correspond to the international practice of building a public health care system. Conclusions. The establishment of a regime of special disciplinary responsibility for pharmaceutical workers is substantiated, which should include the creation of a special body that will be empowered to consider disciplinary proceedings and make a decision on the imposition of disciplinary sanctions, a special procedure for considering disciplinary proceedings, an expanded list of types of disciplinary sanctions.
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