Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Current State and Development Perspectives of Legal Regulation for Providing Cosmetological Services in Ukraine

Author(s): Vladyslav Teremetskyi, Mykola Stefanchuk, Anatolii Muzyka, Olena Cherniak, Oleksii Liubchenko, Tetiana Subina, Viktoriia Pasichnyk

 It has been indicated that the rapid development of the market of cosmetological services in Ukraine requires proper legal regulation of cosmetological activities. The authors have formulated problematic issues that need to be resolved immediately, namely: not defined subjects who provide cosmetological services, in particular, there is no definition of the legal status of a nurse in cosmetological manipulations and features of performing professional duties by such a subject or a nurse; lack of regulatory requirements for the safety of cosmetic products; lack of clear rules of control (supervision) over the development, production and circulation of cosmetic products, etc.

The problem of assigning cosmetological services to the sphere of consumer services has been studied. It has been stated that a clear regulatory definition of cosmetological and cosmetic services, the establishment of criteria for their delimitation, as well as enshrinment in the legislation of cosmetological services as a kind of consumer services should contribute to a common understanding of legislative requirements in the field of taxation both by revenue officers and entities of businesses activities.

The authors have substantiated the necessity: to adopt the Law of Ukraine “On cosmetological activity in Ukraine”; to make changes to the Nomenclature of Medical Specialties approved by the Order of the Ministry of Health of Ukraine of February 22, 2019 No. 446; to supplement Section V “Other Nomenclatures of Medicinal Specialties” with the clause “Cosmetology”, which can assist to create a legal basis for licensing cosmetological services; to develop and approve the Procedure for state accreditation of a cosmetological institution and the Standards of state accreditation of a cosmetological institution in order to establish control over the subjects who provide cosmetological services; to amend the State Pharmacopoeia of Ukraine and supplement it with the Article “Cosmetic products”, which would contain requirements for the quality of ingredients in cosmetic products, safety indicators and production conditions; to amend the Handbook of Qualification Characteristics of Employees’ Professions approved by the Order of the Ministry of Health of Ukraine of March 29, 2002 No. 117, regarding the consolidation of the profession of cosmetologist and development of appropriate qualification requirements for it, etc. The authors have pointed out the need to strengthen the control by the State Service of Ukraine for Medicinal Products and control over drugs, over the circulation of so-called cosmetics, which are medicines according to the definition. It has been offered to supplement the list of persons who have the right to draw up the minutes on administrative offenses, as well as the classification of administrative liability in the field of providing cosmetological services in Ukraine depending on the subject of the tort in order to expand the powers of the subjects of supervision and control in the researched area.

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