LEGAL REGULATION OF THE MARKET OF COSMETOLOGY SERVICES: COMPARATIVE LEGAL ANALYSIS

Abstract

The article is devoted to the study of legal regulation of the cosmetic services market in the EU, USA, Canada and Ukraine. The analysis of the international experience of legal regulation of cosmetology services has revealed that in the vast majority of countries there is a special legislation that regulates the market of cosmetic products and the activities of cosmetology establishments. The Basic Cosmetics Directive, adopted in the EU, has been studied and contains lists of banned substances that are subject to legal restrictions. It has been found that cosmetic regulation in Canada is implemented through the Health Canada Cosmetics program. The program defi nes the requirements for the production, marking, distribution and sale of cosmetics. The US legislation (including Kansas, Florida, Pennsylvania) that regulates the cosmetic services market is analyzed, a clear list of services provided by a cosmetologist in the US, and sanctions for violations of cosmetic salon employees by their professional duties, is identifi ed. It is established that the mandatory requirement for persons providing cosmetology services is the presence of special education and a license for a specifi c type of cosmetology services. For violation of the legislation on the provision of cosmetic services, specifi c sanctions are provided. The absence of special legislation aimed at regulating the market of cosmetology services in Ukraine. It is found out that the Ukrainian market of cosmetology services is conditionally divided into aesthetic services, which beauty salons can provide without a license, and medical (cosmetics, cosmetology), which can be provided with a corresponding license. It is proved that the most risky market in Ukraine is the aesthetic services market, since such activities are not licensed and are usually carried out by entities that carry out economic activities for providing household services to the population without proper education. The lack of qualifi ed staff is one of the major problems in the fi eld of cosmetology in Ukraine. This is due to the lack of uniform state educational standards for training in this fi eld, which is a consequence of the lack of legal framework regulating the activities of cosmetic institutions. It is established that according to the Handbook of qualifi cation characteristics of professions of workers, approved by the order of the Ministry of Health of Ukraine 29.03.2002 № 117 among the professionals in the field of cosmetology profession “cosmetologist” – no. “Cosmetologist” is used only in conjunction with “pharmacist”. The interviewing method shows that today there are specialists in various qualifi cation and educational levels working in cosmetology establishments, who have usually completed additional training in short-term cosmetology courses. It is proposed to: develop special legislation aimed at regulating the market of cosmetology services in Ukraine; to adopt a state program in which to determine the requirements for the production, marking, distribution and sale of cosmetics; to approve uniform state educational standards of training of the personnel for cosmetology sphere; establish clear requirements and standards that will guarantee the safety of cosmetology services and minimize the negative eff ects on public health; to provide specifi c sanctions for violation of the legislation on the provision of cosmetic services.