Fines up to 34 thousand UAH: Ukraine plans to strengthen liability for violations of blood donation rules

In Ukraine, it is proposed to significantly strengthen liability for violations of rules in the field of blood donation — from non-compliance with technologies for storing and testing blood to its transfer to unauthorized medical institutions. Officials may face fines of up to 34 thousand UAH, and for repeated violations — even a ban on holding certain positions. 

Strengthening liability in the field of blood donation

The Verkhovna Rada Committee on National Health, Medical Care, and Medical Insurance supported the government bill No. 13630 on strengthening liability for violations of legislation in the field of blood donation and blood components.

The document was developed by the Cabinet of Ministers in accordance with Article 428 of the Association Agreement between Ukraine and the European Union. Its goal is to bring Ukrainian legislation closer to the principles of EU law in the field of blood services.

What fines are proposed for violations in the field of blood donation

The bill provides for the introduction of differentiated administrative liability for violations of requirements regarding the collection, testing, processing, storage, distribution, and sale of donor blood and blood components.

In particular, for violations of the technological process of collection, testing, processing, and storage of donor blood and its components, a fine is proposed for officials of entities of the blood system or healthcare institutions providing blood transfusion services and/or blood components in the amount of one to two thousand non-taxable minimum incomes of citizens (from 17 thousand to 34 thousand UAH).

The bill also proposes to establish liability for the distribution and sale of donor blood and blood components intended for transfusion to unauthorized healthcare institutions. For such a violation, officials of blood system entities face a fine from 100 to 300 non-taxable minimum incomes of citizens (from 1,700 to 5,100 UAH).

In case of repeated commission of such a violation within a year, the fine is proposed to be increased to an amount from 300 to 600 non-taxable minimum incomes of citizens (from 5,100 to 10,200 UAH) with an additional penalty in the form of deprivation of the right to hold certain positions or engage in certain activities for one year.

What changes are proposed to the Criminal Code

Additionally, the bill provides for amendments to the Criminal Code of Ukraine. It is proposed to clarify the provisions of Article 144 of the Criminal Code regarding violent coercion to donate blood or blood components and the removal of blood or blood components by deception for the purpose of using a person as a donor.

The document also proposes to strengthen sanctions for such actions. In particular, the fine in Article 144 of the Criminal Code is proposed to be changed from the current "up to fifty" non-taxable minimum incomes of citizens to "from one thousand to two thousand" non-taxable minimum incomes (from 17 thousand to 34 thousand UAH).

The Committee on National Health, Medical Care, and Medical Insurance decided to recommend that the main Committee of the Verkhovna Rada on Law Enforcement support the bill and recommend the parliament adopt it in the first reading. Deputies also called for accelerating the consideration of the document in the committee and its submission to the parliamentary session hall.

The bill provides that the law will enter into force on the day of its publication but will be implemented one year after the termination or cancellation of martial law in Ukraine.

Current law on blood donation

Recall that in 2020, the Verkhovna Rada adopted the law on blood donation and blood components, which provides for the modernization of the sector, bringing it to European standards, replacing outdated equipment, strengthening control over blood quality, and developing a system of free donation.

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