Lifetime Imprisonment May Be Introduced for Counterfeit Veterinary Drugs — Draft Law

Counterfeiting veterinary medicinal products in Ukraine may become a separate criminal offense. It is proposed to introduce criminal liability not only for the production and sale of counterfeit veterinary drugs and their active substances but also for their smuggling. The initiative aims to close a legislative gap that, according to the authors, is currently exploited by unscrupulous market participants, as well as to strengthen the protection of human and animal health, food security, and legitimate business.

Such changes are provided for in draft law No. 15413 "On Amendments to the Criminal Code of Ukraine Regarding the Protection of the Legal Market of Veterinary Medicinal Products from Counterfeits," registered on July 14, 2026. The document proposes amendments to Articles 305 and 321¹ of the Criminal Code of Ukraine.

Why the legislation is proposed to be changed

Ukraine ratified the Council of Europe Medicrime Convention back in 2012, which provides for the criminalization of intentional manufacture, supply, trade, storage, import, and export of counterfeit medicinal products, veterinary medicinal products, and their active substances. However, currently, criminal liability is established only for the counterfeiting of medicines for humans.

This creates a legislative gap. According to the authors, a significant number of drugs — antibiotics, antivirals, antifungals, antiparasitics, and others — are used both in human medicine and veterinary medicine. Because of this, as stated in the document, there may be an opportunity to avoid criminal liability if such drugs are positioned as veterinary. In addition, no criminal liability is currently established for counterfeiting active substances.

The assessment of the Veterinary Union of Ukraine is also cited, according to which the volume of the counterfeit veterinary medicinal products market in Ukraine last year reached 3.7 billion UAH. According to the draft law authors, this leads to economic losses for legitimate manufacturers, losses in animal husbandry, risks to food security, increased antibiotic resistance, and may negatively affect the export of animal products.

Proposed changes to the Criminal Code

The document provides for amendments to two articles of the Criminal Code of Ukraine.

Smuggling of counterfeit veterinary drugs

Article 305 of the Criminal Code of Ukraine is proposed to be supplemented with provisions on criminal liability for smuggling counterfeit veterinary medicinal products and counterfeit active substances.

It is also proposed to clarify the note to the article and establish that the concept of large and especially large amounts of counterfeit veterinary drugs and their active substances will be determined by the central executive body responsible for forming and implementing state policy in the field of veterinary medicine.

Counterfeiting and sale of veterinary drugs

Amendments to Article 321¹ of the Criminal Code of Ukraine propose to establish criminal liability for:

• intentional production or manufacture;
• purchase;
• transportation;
• sending;
• storage for sale;
• offer for sale;
• sale of counterfeit veterinary medicinal products and counterfeit active substances.

In addition, it is proposed to include veterinarians and other veterinary medicine specialists in the list of special subjects for whom qualifying elements of the crime are provided.

Possible penalties

The draft law does not increase existing sanctions but extends them to crimes related to counterfeit veterinary medicinal products and their active substances.

For smuggling

The following sanctions are proposed:

• 5 to 8 years imprisonment — for smuggling counterfeit veterinary medicinal products or active substances;
• 8 to 10 years imprisonment with confiscation of property — if the crime is committed repeatedly, by prior conspiracy of a group of persons, by an official, or in large amounts;
• 10 to 12 years imprisonment with confiscation of property — if the crime is committed by an organized group or in especially large amounts.

For production and circulation of counterfeit veterinary drugs

It is provided:

• 5 to 8 years imprisonment — for production, manufacture, purchase, transportation, sending, storage for sale, offer for sale, or sale;
• 8 to 10 years imprisonment with confiscation of property and deprivation of the right to hold certain positions or engage in certain activities for up to three years — for qualified offenses, in particular if committed by a veterinarian or other veterinary medicine specialist;
• The existing sanction for cases that caused human death or other serious consequences or were committed in especially large amounts remains unchanged — 10 to 15 years imprisonment or life imprisonment with confiscation of property.

When exemption from criminal liability is possible

The draft clarifies provisions on exemption from criminal liability.

It may apply to a person who:

• voluntarily surrendered all counterfeit medicinal products, veterinary medicinal products, and active substances;
• reported the source of their acquisition;
• assisted in solving the crime;
• if their actions did not create a threat to human life and health.

At the same time, such a norm will not apply to persons engaged in the production or manufacture of counterfeit products.

Authors' goals

The draft law aims to create a comprehensive criminal law mechanism to protect the market of veterinary medicinal products. The main objectives include criminalizing the counterfeiting of veterinary drugs and active substances, blocking international channels of their illegal supply, eliminating opportunities to avoid liability, fulfilling Ukraine's international obligations under the Medicrime Convention, aligning legislation with EU standards, strengthening the fight against antibiotic resistance, and enhancing food security.

Implementation of the draft law will not require additional expenditures from the state or local budgets. At the same time, in the medium term, it may contribute to the formalization of the veterinary medicinal products market, increasing tax revenues, protecting legitimate business, developing animal husbandry, and enhancing Ukraine's export potential.

The draft law provides that if adopted, the law will come into force two months after publication, except for provisions regarding the government's preparation of necessary regulatory legal acts, which will come into force the day after the law's publication. The Cabinet of Ministers must bring its regulatory legal acts and ministerial acts into compliance with the new provisions within two months.

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