UBA News (#06 June 2015)

UBA NEWS:

UBA Committee on International Law and UAIL Joint Round Table

The joint round table of the UBA Committee on International Law and Ukrainian Association of International Law (UAIL) was held on 27 May 2015 with the participation of Ukrainian First Deputy Minister of Justice Natalya Sevostyanova and counsellor of the Directorate General for International Law of the Ministry of Foreign Affairs of Ukraine (MFAU) Andriy Pasichnyk. The meeting was devoted to the state of affairs in Crimea and Donetsk and Lugansk Regions. Ms. Sevostyanova reported on analysis of the past year’s events, performed by public officers, and preparation of memorandum of legal actions. At the beginning of March 2014 the authorities understood that the referendum to be held on 16 March 2014 in Crimea would have grave negative consequences. In this connection they have analyzed court jurisdictions. Both Ms. Sevostyanova and Mr. Pasichnyk agreed that the choice of the European Court of Human Rights (the ECHR) as a jurisdiction to file applications and inquires as internationally legal means of protection of Ukrainian interests is a very prospective path. At present, the text of the cardinal application, filed to the ECHR by the Ukrainian Ministry of Justice, is confidential, and even the MFAU does not have a copy. In addition, Ms. Sevostyanova reported on other applications, intergovernmental complaint and inquiry (on military force on the territory of the Crimea), filed to the ECHR, reminded about similar experience of Georgia, touched upon such sensitive issues as slavery (captives are forced to work in mines in East Ukraine) and spoke about actions undertaken by the state to protect its property in Crimea. Mr. Pasichnyk considered the issue of the Black Sea Fleet. Within the framework of the conception of the build-up of the internationally legal position of Ukraine, Olexander Zadorozhny, president of the UAIL, chair of the International Law Department of the Institute of International Relations (Taras Shevchenko National University of Kyiv) spoke on the legal qualifications of the latest events in Crimea and East Ukraine. Mr. Zadorochny qualified the situation in Crimea as annexation (a reminder: according to current Ukrainian legislation there is temporary occupation) and the situation in East Ukraine as military occupation.

UBA Committee on Media Law and Committee on Pharmaceutical Law Joint Meeting

UBA Committee on Media Law and UBA Committee on Pharmaceutical Law held a joint meeting on 29 May 2015. The experts discussed the experience of the European Union on the peculiarities of advertising of medicines. In the course of the meeting experts noted that relevant Ukrainian legislation agrees with EU legislation. The advertising of prescription medicines is forbidden both in the EU and in Ukraine. Andrii Gorbatenko, associate partner of Legal Alliance, presented an analysis of advertising of non-prescription medicines throughout EU countries. For instance, there is permission for advertising medicines intended for symptomatic treatment in Spain. In France it is possible to advertise medicines except for those that are subject to reimbursement. While in Ireland the advertising of non-prescription medicines, excluding analgesics and cold-relief medicines, is permitted. Experts noted that the level of self-treatment is quite high in Ukraine. This phenomenon is explained by the inaccessibility of medical services. Neither do people like to spend time receiving professional advice on treating colds and treat themselves. As regards the product placement of medicines, experts mentioned that there is a non-adjusted issue in Ukraine, while in the EU the issue of product placement of non-prescribed medicines is adjusted enough (product placement of prescribed medicines is forbidden there). From time to time the issue of banning the advertising of medicines is initiated in Ukraine, but often such initiatives are populist or business ideas. Elena Andrienko, chief legal adviser / head of legal department of MMS Communications Ukraine, spoke on relevant court practice in Ukraine.

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