of May 23, 2002 No. P-141/2002
About legal regulation of procedure for opening of drugstores, pharmaceutical Items, pharmaceutical booths and pharmaceutical warehouses by subjects of managing
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the address of citizens about constitutionality of the Procedure for opening of drugstores, pharmaceutical Items, pharmaceutical booths and pharmaceutical warehouses by subjects of the managing irrespective of patterns of ownership in the territory of the Republic of Belarus (further - the Procedure for opening of drugstores) approved by the order of the Ministry of Health of the Republic of Belarus of December 21, 1998 No. 366 (with the changes and amendment brought by the resolution of the Ministry of Health of the Republic of Belarus of June 4, 2001 No. 41) in the part determining quantitative restrictions on opening of pharmaceutical institutions established the following.
The law of the Republic of Belarus "About health care" (of January 11, 2002) provides in editions that state policy in the field of public health care is aimed at providing availability of medical care and provision of medicines of the population (Article 3). According to the specified Law the health care system of the Republic of Belarus is constituted by the state health care and private health care (Article 9), physical persons and legal entities have the right to perform pharmaceutical deyatelnostprofessionalny activities in the field of drug circulation, to create the organizations of health care according to the procedure, determined by the legislation, and according to the nomenclature of the organizations of health care approved by the Ministry of Health of the Republic of Belarus (Articles 1, 11).
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