Liability of legal entities as a prerequisite for the implementation of the Medicrime Convention

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes. An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime. It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877). It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.