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

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.

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Publication Details

Journal
Lex genetica.
Published
2025-10-13
DOI
https://doi.org/10.17803/lexgen-2025-4-3-101-123
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

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

D. V. Ponomareva
Lex genetica.
International Arbitration and Investment Law
article

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

D. V. Ponomareva
article en

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.

Lex genetica.Vol. 4(3)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 57%
International Arbitration and Investment Law
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