Criminalisation of fraud and misconduct in clinical trials on medicinal products
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1
YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, KHARKIV, UKRAINE
2
SCIENTIFIC RESEARCH INSTITUTE OF STATE CONSTRUCTION AND LOCAL GOVERNMENT OF THE NATIONAL ACADEMY OF LAW SCIENCES OF UKRAINE, KHARKIV, UKRAINE
3
INTERREGIONAL ACADEMY OF PERSONNEL MANAGEMENT, KYIV, UKRAINE
Publication date: 2025-11-30
Wiadomości Lekarskie 2025;(11):2456-2462
KEYWORDS
ABSTRACT
Aim: To develop a scientifically grounded approach to defining the basis and limits of criminalizing fraud and misconduct in clinical trials of medicinal products,
while also raising awareness and encouraging serious discussion of these issues.
Materials and Methods: The study relies on the Acquis Communautaire and the legislation of Ukraine, Germany, and Poland. It also uses judicial practices from
the United States, France, and Ukraine, as well as legal statistics and draft legislation from Ukraine. Scientific research methods such as induction, deduction,
comparison, analysis, case studies, and systems analysis were employed.
Conclusions: Criminal penalties for unlawful actions during clinical trials of medicinal products, guided by the ultima ratio principle, should be applied only
to violations that threaten the lives or health of research subjects, infringe upon their rights, or involve falsification of clinical trial results regarding the effica
and safety of the products, rather than to any violations alone