ADMINISTRATIVE LAW

Some theoretical problems of the liability for violation of the legislation on the circulation of medicines

Abstract

The presented article reveals the issue of the procedure for bringing to legal responsibility for causing harm with low-quality or expired medicines. Considering that causing harm to a citizen's life or health diminishes his personal intangible goods, entails physical or moral suffering, the victim has the right to compensation for moral and material damage. Despite the specific obligation of the seller - to transfer the drug to the buyer in the amount and assortment in which it is indicated in the prescription for the purchase of a prescription drug, no special civil liability for violation of this obligation by the legislator is provided. It seems that, in this case, one should be guided by the general norms on liability for violation of the obligation, and property liability in the form of compensation for losses will arise for the seller of medicines. Illegal behavior also includes violation of the rules for the storage of medicines, the rules for the sale of medicines, and the rules for the manufacture. The cause of harm may be the introduction of a poor-quality medicinal product into civil circulation, inaccurate information contained in the instructions for use of the medicinal product, the use of a medicinal product that has become unusable as a result of violation of storage rules, rules for the wholesale of medicinal products, rules for the distribution of medicinal products, rules for the manufacture and distribution of medicinal products.