Legal regulation of dental services advertising in the European Union and in Ukraine

The article is dedicated to the examination of the legal regulation of advertising related to dental services in the countries of the European Union as well as in Ukraine. It also explores the normative restrictions that are specifically aimed at protecting the interests and rights of patients and at ensuring adherence to high standards of professional ethics within the field of dental healthcare. Particular attention is paid to the issue of misleading or dishonest advertising practices, and the article includes a thorough analysis of various regulatory and legal acts that define the legal requirements for the promotion and advertising of dental services. The author draws special attention to a landmark decision of the Court of Justice of the European Union in the case of “Vanderborght” (2017), which significantly influenced contemporary trends in the legal regulation of advertising in the dental sector. This judicial decision has been closely associated with the liberalization of regulatory approaches to dental advertising within the European Union. It has been established that while the advertising of dental services may be subjected to certain limitations or restrictions, a complete and total prohibition of such advertising is incompatible with the provisions of European Union law concerning the freedom to provide services across Member States. Furthermore, the article includes a comprehensive analysis of several European Union directives that govern the broader area of advertising. These include, among others: Directive 2000/31/EC on electronic commerce, Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, and Directive 2006/114/EC concerning misleading and comparative advertising. In addition, the author examines the distinctive features of legal regulation of dental advertising in selected EU Member States, namely France, Austria, and Poland. The article also addresses the regulatory framework in Ukraine, focusing on the relevant provisions of the Law of Ukraine «On Advertising», as well as judicial practices that contribute to the development of consistent approaches to the interpretation and enforcement of legal norms in the sphere of medical advertising. The necessity of improving national legislation is outlined, particularly with regard to the integration of modern digital technologies, which not only offer new opportunities but also pose novel challenges for the regulation of advertising within the dental healthcare sector. Among the most pressing and urgent problems associated with the legal regulation of dental advertising in Ukraine is the absence of clearly defined professional ethical standards for dental practitioners. Another critical issue is the underdevelopment of a professional self-governance system for the dental profession, which could otherwise serve as a regulatory body responsible for overseeing compliance with ethical and professional norms in the area of advertising. Moreover, the article emphasizes the lack of systematic oversight and control in this domain, especially in relation to advertising disseminated via the Internet. The absence of an effective regulatory mechanism in this regard has led to a proliferation of unethical advertising practices, which, in the final analysis, may result in direct harm to patients and undermine trust in the healthcare system.