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Review of the Current Foreign Legislation in the Field of Public Procurement of Medicines on National Markets

https://doi.org/10.17803/lexgen-2025-4-3-101-123

Abstract

The article reviews the current foreign legislation in the field of public procurement of medicinal products on national markets. The research aim was to analyze the best world practices in this sphere and, on this basis, to formulate recommendations to the Russian legislator on improving the relevant legal acts. India, China, Brazil, the USA, Spain, and Germany were selected as the most representative countries for the research. Over the past 20 years, these countries have developed an integrated system of legal regulation in the field of price setting when conducting public procurement of medicines. These countries apply differentiated approaches to ensure a preferential regime for the procurement of national medicinal products. In conclusion, the author notes that, in order to improve the relevant legal framework, the Russian legislator should intensify the use of such instruments as risk sharing agreements, an improved system of medical technology assessment, and differentiation of medicinal drug localization levels in order to provide support for the procurement of national medicines.

About the Author

D. V. Ponomareva
Kutafin Moscow State Law University (MSAL)
Russian Federation

Daria V. Ponomareva, Candidate of Science (Law), Associate Professor, Deputy Head of the Department of Legal Practice

Moscow



References

1. Karpov, O.E., Nikitenko, D.N., Tretjakov, V.V., Nushtaeva, E.M. (2019). Drug provision. Procurement of drugs. Examination of contract performance results. Claim work. Execution of the contract. Bulletin of Pirogov National Medical & Surgical Center, 14(2), 75-81. (In Russ.). http://doi.org/10.25881/BPNMSC.2019.40.15.017

2. Nikitenko, D.N. (2018). Improving the drug supply system of a multidisciplinary medical organization: current state of the problem and solutions. Bulletin of Pirogov National Medical & Surgical Center, 13(2), 120–125. (In Russ.).

3. Rybakova, I.Y. (2015). Problems of application of responsibility measures of parties for wrong performance of state and municipal contracts. Central Russian Journal of Social Sciences, 10(3), 125–133. (In Russ.).

4. Bosio, E., Djankov, S., Glaeser, E., Shleifer, A. (2022). Public procurement in law and practice. American Economic Review, 112(4), 1091–1117. http://doi.org/10.1257/aer.20200738

5. Vecchi, V., Cusumano, N., Boyer, E. J. (2020). Medical supply acquisition in Italy and the United States in the era of COVID-19: The case for strategic procurement and public–private partnerships. The American Review of Public Administration, 50(6-7), 642–649. https://doi.org/10.1177/0275074020942061


Review

For citations:


Ponomareva D.V. Review of the Current Foreign Legislation in the Field of Public Procurement of Medicines on National Markets. Lex Genetica. 2025;4(3):101-123. (In Russ.) https://doi.org/10.17803/lexgen-2025-4-3-101-123

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ISSN 3034-1639 (Print)
ISSN 3034-1647 (Online)