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БФС ще обжалва Определението на ВАС

вторник 22 януари 2013 - 09:27:42,Статии,admin , Comments: 0 | Trackbacks: 84

БЪЛГАРСКИЯТ ФАРМАЦЕВТИЧЕН СЪЮЗ ТВЪРДО ЩЕ ОТСТОЯВА РАЗПОРЕДБИТЕ НА ТИПОВИТЕ ДОГОВОРИ, СКЛЮЧВАНИ С НЗОК

 Част от разпоредбите на типовите договори, сключвани между НЗОК и търговците на дребно на лекарствени продукти, действащи след 01.01.2013г., бяха оспорени от дружествата „Витафарм Ихтиман" ООД и „Фармкомерс Ихтиман" ООД пред Върховния административен съд, съответно пред Административен съд София – град. Оспорените разпоредби се отнасят до въведените стандарти за време за отпускане на лекарствени продукти по договорите с НЗОК. Жалбоподателите твърдят, че посочените разпоредби ще им нанесат значителни имуществени вреди.  С Определение от 11.01.2013г. по адм.д. 49/2013 Върховният административен съд (ВАС) спря изпълнението на посочените части от типовите договори, които съставляват подзаконов нормативен акт, утвърден от БФС и НЗОК, до решаване на делото. Посоченото спиране на действието не е принцип при обжалване на подзаконови нормативни актове, като следва да се подчертае, че целесъобразността на акта на ВАС не може да бъде обсъждана от БФС или от НЗОК. Определението на ВАС не е окончателно и подлежи на обжалване пред друг 5–членен състав на ВАС. БФС е конституиран като страна по делото пред ВАС и ще обжалва определението за спиране в законовия срок.

Относно жалбата пред Административен съд София – град, БФС не бе конституиран от съда като страна по делото, поради което преди седмица е подадено искане от председателя на УС на БФС за конституиране на БФС като страна. Правните екипи на БФС и на НЗОК си сътрудничат по защитата на типовите договори пред съда. Заведената пред Административния съд София – град жалба, вероятно, няма да бъде разгледана, поради наличието на друга жалба пред Върховния административен съд. БФС предприема всички предвидени в закона действия относно защита пред съда на законосъобразността на типовите договори. Следва да се посочи, че в договорния процес именно БФС отстояваше принципите на добра фармацевтична практика и тяхното приложение в процесите по отпускане на продуктите.

 БФС подготвя в сътрудничество с академичната общност анализ на процесите и алгоритъма на отпускане на лекарствени продукти, които да отговарят на изискванията за качество на фармацевтичните услуги.

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