Legal aspects of security availability of medicines: US experience for Ukraine

Abstract

The article is dedicated to medicines and their role in the life of every person.  The article highlights the situation related to the problem of shortage of medicines, including in case of increased demand in the event of an emergency.

In today's world, the ability to purchase medicines and receive appropriate treatment can be limited by a variety of factors, including a lack of incentives for manufacturers to produce less profitable medicines, a lack of rewards for manufacturers who focus on continuous improvement and early detection of supply chain issues, or logistical and regulatory challenges that make it difficult to recover from market failure. The reasons for the shortage of medicines may also include production delays at the manufacturer, delays faced by companies in obtaining raw materials and components from suppliers, etc.

Obtaining the necessary medicines, including vaccines, during the COVID-19 pandemic has forced various countries to take legislative measures aimed at improving the existing mechanisms for providing the population with the necessary medicines. The article highlights the experience of the United States, which shows the legislative improvement of the mechanisms for providing medicines in the United States, preventing drug shortages in crisis situations, such as pandemics or other emergency circumstances.

Based on the study, the author concludes that it is necessary to improve national mechanisms in Ukraine aimed at expanding access to treatment and the ability to use vaccines or other medicines not only in conditions of extreme demand for them, but also in the absence of emergencies.