Abstract

 The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation.
 The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
 When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications.
 The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4) legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society.
 The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2) the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society.
 
Highlights
In conditions of conflict between Ukraine and the Russian Federation and temporal occupation of a part of the territory of Ukraine by the Russian Federation, the issues of state obligations to protect property of business entities in pharmaceutical sector, as well as the legal balance of private and public interests within health care system have become relevant up to date
Under certain requirements the State may apply derogation which may result in a ban on the transfer of technology for the production of medicinal products by enterprises, research institutions, organizations, higher education establishments and other legal entities of the aggressor state, regardless of ownership property rights to use the objects of intellectual property rights, that are components of technology; prohibition on the importation of medicinal products manufactured on the territory of the aggressor state into its territory, etc
According to Art. 49 of the Constitution of Ukraine, everyone has the right to health care, medical aid and medical insurance
Summary
In conditions of conflict between Ukraine and the Russian Federation and temporal occupation of a part of the territory of Ukraine by the Russian Federation, the issues of state obligations to protect property of business entities in pharmaceutical sector, as well as the legal balance of private and public interests within health care system have become relevant up to date. It is well known that the implementation of business activities for the production of medicines requires significant resources (Buletsa, 2018; Volkov, 2006; Volkov, 2007; Deshko, 2007). There are no guarantees of rapid implementation of the results and reimbursement of costs incurred by the business entity. The Constitution of Ukraine guarantees everyone the right to entrepreneurial activity, which is not prohibited by law. The state is obliged to create an effective constitutional and legal mechanism to ensure this right
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