Ukraine Tightens Rules on Pharmacy Marketing and Medicine Pricing

Our member, CMS Ukraine, has shared important updates regarding recent pharmacy reforms.

Ukraine has adopted a package of reforms that materially reshape commercial, promotional and pricing practices across the pharmaceutical supply chain in order to improve affordability, strengthen transparency in retail, and align non‑advertising “promotion” practices with EU-style compliance standards.

The main new acts include:

• Law No. 4239‑IX (12 Feb 2025) – a legislative framework for pharmacy marketing/promotion services and post‑sale price adjustments.

• CMU Resolution No. 1759 (26 Dec 2025) – a detailed procedures for marketing, promotion and other services in retail pharmacy premises, and post‑sale price reduction mechanisms (e.g. credit notes, deferred discounts, bonuses, etc.).

• MOH Order No. 962 (12 Jun 2025) – Guideline on Good Promotional Practice (GPP) for medicines.

On 13 Jan 2026, the SMDC also announced the reporting format and requirement for market players to submit information on pharmacy marketing services.

Below is a practical breakdown of what changes for manufacturers and importers and their interactions with retailers and HCP‑facing functions.

Marketing and promotion services in pharmacies: regulated re opening with strict boundaries

CMU Resolution No. 1759 introduces a comprehensive Procedure and conditions defining what types of services that can be contracted in pharmacy retail premises and under what restrictions.

Permitted counterparties

Marketing services may be contracted only between:

• licensed manufacturers or importers of finished medicines; and

• licensed retail pharmacy businesses.

No other actors (e.g. wholesalers, unlicensed affiliates of the retailer) can be a contracting party.

Broad definition of “marketing services”

Marketing services cover a wide range of retail-store activities, including:

• stimulating sales and dispensing;

• implementing pricing policy;

• ensuring availability and presence of products; and

• “any other services” connected to supplying the end consumer.

This broad scope requires careful classification of any retail-location collaboration.

Mandatory annual reporting (by 20 January)

Manufacturers and importers must report the following to the SMDC:

• all relevant agreements;

• counterparties, date, subject, price;

• sales volume;

• marketing spend.

Format: published by SMDC on 13 Jan 2026.

Periodicity: annual reporting, but in quarterly breakdown.

Transitional rule: for 2025 – only for marketing services provided on 30–31 December 2025.

18% quarterly cap

A manufacturer and importer’s total quarterly spend on marketing and promotion services under such agreements must not exceed 18% (ex VAT) of total quarterly sales of medicines on the Ukrainian customs territory, calculated for the previous quarter. Companies with portfolios containing seasonal medicinal products should pay particular attention to planning and monitoring, as fluctuating quarterly sales volumes will directly affect the cap and may constrain spend in subsequent periods. This requires active monitoring and internal financial controls.

Voluntary basis and anti coercion rule

Marketing services must not be mandatory. Parties cannot do the following:

• require such services as a condition of cooperation; or

• make supply conditional on agreeing to such arrangements.

Key prohibitions

Marketing services cannot be linked to:

• Rx medicines (except limited “availability at point of sale” services);

• reimbursed medicines (with narrow exceptions for specific PSP formats);

• payments for actual dispensing and sales to end consumers (subject to limited permissible price

reduction measures).

Patient Support Programmes (PSPs) – carve-outs and safeguards

The Regulation:

• separates certain PSP activities from “marketing services”;

• allows unlicensed third-party providers for PSPs (e.g. administrators of PSPs);

• introduces guardrails to prevent short-term PSPs of medicines requiring long term use (for chronic

diseases).

Post sale price reductions (credit notes, deferred discounts, bonuses):

Permitted uses and compliance rules

Resolution 1759 also establishes a formal Procedure for post sale price adjustments, expressly covering:

• deferred discounts;Kyiv-30665636.1

Briefing Note prepared by Kyiv 3

• credit notes;

• bonuses;

• reverse price corrections;

• and similar mechanisms.

Cross cutting principles

Any use of post sale price adjustments must comply with the following principles:

• transparency;

• non-discrimination;

• preventing corruption and abuse;

• confidentiality;

• patient-interest safeguards (including in PSPs).

Permitted purposes (effectively a closed list):

• expiry or near-expiry products, quality defects, withdrawals;

• FX fluctuation compensation;

• measures aimed at (and leading to) reducing end-consumer prices;

• charitable programmes;

• reducing a price recorded in the National Price Catalogue (as per the respective Procedure);

• compliance with public authority decisions;

• documented shortages during supply;

• reductions for public procurement by health-care institutions and local administrations, and for

sourcing by charities;

• compensation for losses from Russia’s armed aggression (e.g. compensation of value of produces at

warehouses destroyed by Russian attacks).

The Regulation does not affect post-sale price corrections if it leads to price increases (e.g. debit

notes issued in line with internal transfer pricing policies of groups).

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Good Promotional Practice (GPP):

Comprehensive rule book for non advertising promotion

MOH Order No. 962 provides an official GPP framework, which is a major shift for MAHs and affiliates. The

GPP covers:

• promotional materials and claims;

• medical representative visits;

• samples;

• scientific and educational events;

• hospitality restrictions;

• integrity, documentation and oversight standards.

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What manufacturers and importers should do in 2026‍

1. Re-map pharmacy-facing commercial models

• Distinguish marketing services (retail location), promotion, and advertising (separate rules).

• Ensure pharmacy services fall within the permitted counterparty circle.

2. Integrate the “18% cap” into controls

• Build quarterly tracking aligned to the Resolution’s definition of sales.

• Update templates and approvals to require compliance data and evidence.

3. Prepare for SMDC reporting

• Create a unified dataset for contracts, spend and sales data.

• Address multi-period contracts and mixed-subject agreements (pricing methodology for allocating

marketing value).

4. Review all post sale price adjustments

• Map all mechanisms to a permitted purpose.

• Ensure proper supporting documentation.

• Test compliance with transparency and non-discrimination rules.

5. Align promotion policies with GPP

• Update SOPs for materials, visits, samples, events.

• Refresh medical representative training and monitoring processes.

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For more information on Ukraine’s pharmaceutical chain reforms, contact your CMS experts:

Borys Danevych
CEE Head of Life Sciences and Healthcare, Kyiv (CMS Ukraine)
T: +380 44 391 3377
E: borys.danevych@cms-cmno.com

Mykhailo Sus
Senior Associate, Kyiv (CMS Ukraine)
T: +380 44 391 3377
E: mykhailo.sus@cms-cmno.com

Volodymyr Omelchenko
Associate, Kyiv (CMS Ukraine)
T: +380 44 391 3377
E: volodymyr.omelchenko@cms-cmno.com

Diana Valyeyeva
Associate, Kyiv (CMS Ukraine)
T: +380 44 391 3377
E: diana.valyeyeva@cms-cmno.com

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