Principles of technical regulation, procedure for development, adoption of technical regulations

Principles technical regulation, the order of development, adoption technical regulations

The abstract was made by Yushkina S.V.

Saint Petersburg State University economy and finance

Saint Petersburg 2005

Introduction

The Federal Law of the Russian Federation “On Technical Regulation”, which entered into force on July 1, 2003, determined new system establishing and applying requirements for products, production processes, works and services. The law is aimed at creating the foundations for a unified policy in the areas of technical regulation, standardization and certification that meets modern international requirements. As a result of the adoption of the law, new legal acts, primarily technical regulations that significantly change the daily economic life of the Russian Federation. The main instruments of technical regulation will be technical regulations, which are mandatory rules introduced by federal laws, national standards - rules for voluntary use, conformity assessment procedures, accreditation, state control and supervision.

The Federal Law of the Russian Federation "On Technical Regulation" is aimed at creating a mechanism for ensuring the protection of the life and health of citizens, the protection environment, defense and national security country. The formation of a set of technical regulations in the country is primarily aimed at protecting national scientific and technical developments and using the results scientific and technical activities in the interests of the national economy, i.e. to ensure the technological security of the state.

I. General information on the Federal Law "On technical regulation"

The main goal of the Federal Law of the Russian Federation "On Technical Regulation" is to create the basis for a unified policy in the field of standardization and certification. As a result of the adoption of the law, a constellation of new norms appeared in the domestic legal field, which significantly change the economic life of the country. This law can be called the "Constitution for Industry": it cancels the laws "On Standardization" and "On Certification of Products and Services" and a number of other regulations. The law requires amendments and additions to a significant number of documents of the current legislation, including up to 50 federal laws and more than 60 thousand normative and legal acts: orders, orders and resolutions of the Government of the Russian Federation and ministries and departments. They are known as GOSTs, OSTs, SNIPs, SanPiNs, fire and veterinary safety standards, etc. All of them will remain in effect until they are replaced by the appropriate technical regulation. Moreover, such a change should take place smoothly.

An equally important goal of the adoption of the Federal Law of the Russian Federation "On Technical Regulation" is to bring Russian standardization and certification procedures in line with the requirements of the World Trade Organization (WTO) - World Trade Organization (WTO), and first of all, with the requirements of the WTO Agreement on technical barriers in trade. This law prevents the transformation national standards and various technical requirements to products and services as an instrument of protectionism in relation to any groups of commodity producers. Harmonization of the national system of standardization with the international one makes it easier for Russian high-tech products to enter the world markets, and makes it possible to organize cooperation in their production by subcontractors from developed countries.

A good example of technical regulation is the decision international organization civil aviation on the entry into force on April 1, 2002 of a convention tightening the requirements for the noise level of aircraft engines operating on international lines European Union (European Union). Economic consequences for Russian airlines using domestic aircraft on international flights that do not meet these standards are obvious, and there has been a lot of talk about this.

The concept of the law "On Technical Regulation" provides that all mandatory requirements for products and services are established only by technical regulations, which are determined by Federal laws and decrees of the Government of the Russian Federation. Technical regulations should contain minimum requirements to ensure the safety of products (services) and scope mandatory requirements is reduced to a minimum. Moreover, after the entry into force of technical regulations, the mandatory requirements of the standards cease to be mandatory and state control (supervision) begins to be carried out over compliance with the requirements of technical regulations.

By the way, world practice defines technical regulations, international, national and regional standards, conformity assessment procedures, accreditation of certification bodies and testing laboratories(centers), control and supervision.

Nevertheless, the Federal Law of the Russian Federation "On Technical Regulation" is ideological and framework. It contains a number of ambiguous premises that, under certain conditions, can worsen the current situation in this area. So, some sections of the existing GOSTs on standardization contradict the provisions of the law; there is no clear definition on the participation of the Federal Agency for Technical Regulation and Metrology in the systems of domestic and international certification. However, the law provides for a transitional period of seven years, during which new and old elements of technical regulation will coexist (i.e., the relevant regulations - documents containing mandatory legal regulations and adopted by the relevant authority executive power), and standards.

The full force of the Federal Law of the Russian Federation "On Technical Regulation" will begin to work after the introduction of technical regulations and then the Russian Federation will come to the formation of the Unified Code of Laws on Technical Regulation.

II. Technical regulation

§one. Definition of regulation

Technical regulation is a kind state regulation, which involves the use of legal instruments for the implementation of the goals of the socio-economic policy of the state. Within the framework of state regulation, individuals or organizations are forced to comply with certain mandatory requirements under the threat of official sanctions from specialized state structures and bodies.

In the Organization for Economic Co-operation and Development (OECD), government regulation refers to a diverse set of tools through which the government sets requirements for businesses and citizens5. Such regulation includes laws, formal and informal regulations and ancillary rules established by the state, as well as non-governmental organizations or self-regulatory organizations to which the state has delegated regulatory powers.

Article 2 of the Federal Law "On Technical Regulation" provides the following definition: technical regulation - legal regulation relations in the field of establishing, applying and fulfilling mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal, as well as in the field of establishing and applying on a voluntary basis requirements for products, production processes, operation, storage, transportation, sale and disposal, performance of work or provision of services and legal regulation of relations in the field of conformity assessment. Quite simply, this term can be explained as follows: technical regulation is a mandatory non-financial condition for entrepreneurial activity, which is established by the state. It is obvious that the characteristics of products, the processes of production, operation, storage, transportation, sale and disposal should have General requirements. The same applies to the performance of all kinds of works and services.

The concept of "technical regulation" also includes conformity assessment of products, processes, works and services. established standards and monitoring their implementation. In addition to mandatory postulates, this term includes the functions of compliance with voluntary rules in the field of activity in which the entrepreneur is engaged.

§2. Principles of technical regulation

The law "On Technical Regulation" is working out a new format of state regulation of the economy as a whole. The main principle of technical regulation is the legislative level of all restrictions that exist in relation to entrepreneurial activity. Therefore, the declaration of the principles of technical regulation in the law entails the need for their implementation in the organization of technical regulation, the development of regulatory documentation and the practical activities of entrepreneurs in this area.

1. The principle of "application of uniform rules for establishing requirements" means that the requirements are formulated uniformly, regardless of the type of product or process, the form of ownership of the legal status of the developer of the technical regulation or standard, the entrepreneur producing the product or providing the service.

2. The principle of "correspondence of technical regulation to the level of development of the national economy, the development of the material and technical base, as well as the level of scientific and technological development" shows that the requirements laid down in technical regulations and national standards must be feasible, taking into account the achieved level of development of the domestic industry, security of those who have desired properties materials and equipment, technological processes the necessary information.

3. The principle "independence of accreditation bodies, certification bodies from manufacturers, sellers, performers and purchasers" declares that accreditation and certification bodies should not be associated with either manufacturers (sellers, performers) or purchasers by any contractual obligations with the exception of those provided by the current rules.

The personnel of these bodies must be protected from attempts of unlawful pressure or other influences that could influence the decisions taken. The leaders of these organizations should develop measures aimed at ensuring that employees do not enter into illegal transactions with persons interested in financial results accreditation and certification.

4. The principle of "a single system and rules for accreditation" means that the accreditation of certification bodies, testing laboratories and centers should be carried out in a single system, and the terminology, rules and procedures for accreditation used in this system should be based on uniform principles, taking into account international experience reflected in the ISO and IEC guidelines, international and European standards in the field of accreditation.

5. The principle of "unity of rules and methods of research (testing) and measurement in the course of mandatory conformity assessment procedures" establishes the unity of rules related to the organization of testing and measurement, applicable documentation, general, i.e. independent of the physical or chemical nature controlled parameters, criteria for the compliance of the assessed objects with the established requirements.

6. The principle of "unity of application of the requirements of technical regulations, regardless of the types and features of transactions" declares the obligatory nature of the requirements of technical regulations, regardless of the contractual obligations on which products are supplied, services are provided or work is performed.

7. The principle of the inadmissibility of restricting competition in the implementation of accreditation and certification prohibits the possibility of creating advantages for individual applicants, artificially slowing down the resolution of issues or unreasonably accelerating them.

8. The principle of inadmissibility of combining the powers of the body state control(supervision) and the certification body delimits the scope of their activities.

These bodies are responsible for overseeing certified products and other certified objects, however, the level of this control is different: the certification body controls the implementation of its decisions, and the state supervision body controls the activities of the certification body, checks how accurately its decisions are implemented.

9. The principle of inadmissibility of combining the powers for accreditation and certification by one body introduces a ban on the possibility of the same organization to be both an executor and a controller of its activities.

10. The principle of the inadmissibility of extrabudgetary financing of state control (supervision) over compliance with the requirements of technical regulations denies the possibility of private capital influencing activities that are legally the activities of a state body.

III. Technical regulations

§one. Concept, types and content of technical regulations

According to Article 2 of the Federal Law "On Technical Regulation", a technical regulation is a document that is adopted international treaty of the Russian Federation, ratified in accordance with the procedure established by the legislation of the Russian Federation, or a federal law, or a decree of the President of the Russian Federation, or a decree of the Government of the Russian Federation and establishes mandatory requirements for the application and implementation of requirements for objects of technical regulation (products, including buildings, structures and structures , production processes, operation, storage, transportation, sale and disposal).

The adoption of technical regulations is aimed at protecting citizens and their property, wildlife, as well as preventing wrong actions which may lead to undesirable consequences for users of the product.

According to paragraph 2 of Article 6, technical regulations include only those requirements that ensure the solution of the issues formulated in the previous paragraph. The adoption of technical regulations for any other purposes is simply not allowed. Compliance with other technical standards, not directly related to the issues mentioned in the article of the law, becomes an optional matter.

Technical regulations should establish a minimum necessary requirements providing security on a number of specific issues. In a narrow sense, security is the absence of an unacceptable risk associated with the possibility of damage, in a broad sense, the state of protection of the vital interests of the individual, society and the state from internal and external threats or dangers.

The requirements of technical regulations should not be overstated in relation to those that properly ensure the protection of the life and health of citizens, property, the environment, the life and health of animals and plants, as this may lead to the complication and rise in the cost of products and services and, as a result, become an obstacle to doing business. For example, at the stage of development and approval of draft technical regulations, decisions may well arise that will put domestic producers in less profitable terms than foreign ones. Therefore, when agreeing on safety indicators and conducting peer review it is important to strictly observe the principles of competition law. Our laws should protect, not ruin domestic entrepreneurs.

The technical regulation must list all the objects to which it applies. Such objects include: products; production processes; operation processes; storage processes; transportation processes; implementation processes; recycling processes.

The technical regulation should contain the rules for identifying objects, i.e., the rules for recognizing the identity of a real object to those of its characteristics contained in the technical regulation, and the signs of its identification. In addition, the technical regulation may contain the following data:

Rules and forms of conformity assessment;

Conformity confirmation schemes;

Deadlines for conformity assessment in respect of each object of technical regulation;

Terminology, which defines the terms specific to this technical regulation;

Requirements for packaging, design, method of execution, marking or labels and rules for their application.

Obviously, the technical regulation will counteract the misleading of the buyer of goods. To do this, it is necessary to develop and adopt at the level of the Federal Law a technical regulation on the procedure for communicating information about goods to consumers using marking and labeling. Today, information printed on products and included in accompanying documentation is often inaccurate, resulting in misconceptions about real quality offered products. When uniform strict rules are established, this will make it possible to largely deprive unscrupulous commodity producers and sellers of the opportunity to borrow with impunity to designate own products names of well-known products of a significantly different quality, to attribute beneficial features objects that do not actually possess them, to give products a design that misleads the consumer.

The technical regulation should contain requirements only for the characteristics of objects, but not for the design, technology and methods of their development, with the help of which these characteristics are provided. This is the task of developers, designers, technologists. The exception is cases where, without compliance with certain rules development of the object, it is obviously impossible to ensure the protection of the life and health of citizens, property, the protection of the environment and plants, the life and health of animals.

The technical regulation may contain special requirements for products, processes of production, operation, storage, transportation, sale and disposal, terminology, packaging, marking or labels and rules for their application (objects), which are applied depending on the geographic and climatic zones these objects are produced. This is due to the fact that products manufactured in such areas may have an increased risk precisely because of their geographical and climatic features. Such requirements may include, in particular, veterinary-sanitary and phytosanitary measures.

As a minimum, the law provides for a 6-month period from the date of official publication of the technical regulation until its entry into force. This is done so that manufacturers of products and regulatory authorities can prepare for the implementation of the technical regulations adopted by the Federal Law or the Decree of the Government of the Russian Federation. Since this period may turn out to be too short for the implementation of all measures of an organizational, technical, economic nature, preparation for the moment a technical regulation enters into force should begin in the process of its development.

The law establishes two types of technical regulations: general and special. The requirements of the general regulations are mandatory for application and compliance with any type of product, production process, operation, storage, transportation, sale and disposal. Special regulations establish requirements for types of products, the safety of which is not ensured by the requirements of general technical regulations. Special regulations must not conflict with general regulations and constitute regulations direct action. General regulations, formalized as federal laws, should contain the basic rules that apply to a very wide range of objects. Special regulations establish requirements for technological and other features certain types products, production processes, operation, storage, transportation, sale and disposal.

According to the Federal Agency for Technical Regulation and Metrology, the number of special technical regulations will be about 1,500, which roughly corresponds to the number of types of entrepreneurial activity. No more than 10 general technical regulations will be developed. At the beginning of 2005, about 100 draft technical regulations are under discussion.

§2. The procedure for the development and adoption of technical regulations

The technical regulation may be adopted by the Federal Law, the Decree of the President of the Russian Federation, the international treaties of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation, the Decree of the Government of the Russian Federation.

Any person has the right to develop a draft technical regulation, regardless of the type of product or process, form of ownership and legal status of the developer. This is undoubtedly democratic and will allow fuller use of the intellectual potential without restrictions.

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The abstract was made by Yushkina S.V.

St. Petersburg State University of Economics and Finance

The Federal Law of the Russian Federation “On Technical Regulation”, which entered into force on July 1, 2003, defined a new system for establishing and applying requirements for products, production processes, works and services. The law is aimed at creating the foundations for a unified policy in the areas of technical regulation, standardization and certification that meets modern international requirements. As a result of the adoption of the law, new legal acts have appeared, primarily technical regulations that significantly change the daily economic life of the Russian Federation. The main instruments of technical regulation will be technical regulations, which are mandatory rules introduced by federal laws, national standards - rules for voluntary use, conformity assessment procedures, accreditation, state control and supervision.

The Federal Law of the Russian Federation "On Technical Regulation" is aimed at creating a mechanism for ensuring the protection of the life and health of citizens, environmental protection, defense and national security of the country. The formation of a set of technical regulations in the country is primarily aimed at protecting national scientific and technical developments and using the results of scientific and technical activities in the interests of the national economy, i.e. to ensure the technological security of the state.

An equally important goal of the adoption of the Federal Law of the Russian Federation "On Technical Regulation" is to bring Russian standardization and certification procedures in line with the requirements of the World Trade Organization (WTO) - World Trade Organization (WTO), and first of all, with the requirements of the WTO Agreement on technical barriers in trade. This law counteracts the transformation of national standards and various technical requirements for products and services into an instrument of protectionism in relation to any groups of commodity producers. Harmonization of the national system of standardization with the international one makes it easier for Russian high-tech products to enter the world markets, and makes it possible to organize cooperation in their production by subcontractors from developed countries.

An illustrative example of technical regulation is the decision of the International Civil Aviation Organization on the entry into force on April 1, 2002 of a convention tightening the requirements for the noise level of aircraft engines operating on the international lines of the European Union (European Union). The economic consequences for Russian airlines using domestic aircraft that do not meet these standards on international flights are obvious, and much has been said about this.

The concept of the law "On Technical Regulation" provides that all mandatory requirements for products and services are established only by technical regulations, which are determined by Federal laws and decrees of the Government of the Russian Federation. Technical regulations should contain minimum requirements to ensure the safety of products (services) and the scope of mandatory requirements is reduced to a minimum. Moreover, after the entry into force of technical regulations, the mandatory requirements of the standards cease to be mandatory and state control (supervision) begins to be carried out over compliance with the requirements of technical regulations.

Nevertheless, the Federal Law of the Russian Federation "On Technical Regulation" is ideological and framework. It contains a number of ambiguous premises that, under certain conditions, can worsen the current situation in this area. So, some sections of the existing GOSTs on standardization contradict the provisions of the law; there is no clear definition on the participation of the Federal Agency for Technical Regulation and Metrology in the systems of domestic and international certification. However, the law provides for a transitional period of seven years, during which new and old elements of technical regulation (i.e., relevant regulations - documents containing mandatory legal norms and adopted by the relevant executive authority) and standards will coexist.

Technical regulation is a kind of state regulation, which involves the use of legal instruments to implement the goals of the state's socio-economic policy. Within the framework of state regulation, individuals or organizations are forced to comply with certain mandatory requirements under the threat of official sanctions from specialized state structures and bodies.

In the Organization for Economic Co-operation and Development (OECD), government regulation refers to a diverse set of tools through which the government sets requirements for businesses and citizens5. Such regulation includes laws, formal and informal regulations and ancillary rules established by the state, as well as non-state organizations or self-regulatory organizations to which the state has delegated regulatory powers.

Article 2 of the Federal Law "On Technical Regulation" gives the following definition: technical regulation is the legal regulation of relations in the field of establishing, applying and fulfilling mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal, as well as in the field of establishing and application on a voluntary basis of requirements for products, production processes, operation, storage, transportation, sale and disposal, performance of work or provision of services and legal regulation of relations in the field of conformity assessment. Quite simply, this term can be explained as follows: technical regulation is a mandatory non-financial condition for entrepreneurial activity, which is established by the state. It is obvious that product characteristics, production processes, operation, storage, transportation, sale and disposal must have common requirements. The same applies to the performance of all kinds of works and services.

The concept of "technical regulation" also includes the assessment of the conformity of products, processes, works and services with established standards, as well as monitoring their compliance. In addition to mandatory postulates, this term includes the functions of compliance with voluntary rules in the field of activity in which the entrepreneur is engaged.

2. The principle of "correspondence of technical regulation to the level of development of the national economy, the development of the material and technical base, as well as the level of scientific and technological development" shows that the requirements laid down in technical regulations and national standards must be feasible, taking into account the achieved level of development of the domestic industry, the provision of materials and equipment with the necessary properties, technological processes, and the necessary information.

The personnel of these bodies must be protected from attempts of unlawful pressure or other influences that could influence the decisions taken. The leaders of these organizations should develop measures to ensure that employees do not enter into illegal transactions with persons interested in the financial results of accreditation and certification.

5. The principle of "unity of rules and methods of research (testing) and measurement in the course of mandatory conformity assessment procedures" establishes the unity of rules related to the organization of testing and measurement, applicable documentation, general, i.e., independent of the physical or chemical nature of controlled parameters, criteria for the compliance of the assessed objects with the established requirements.

8. The principle of inadmissibility of combining the powers of the state control (supervision) body and the certification body delimits the scope of their activities.

The duties of these bodies include control over certified products and other certified objects, however, the level of this control is different: the certification body controls the implementation of its decisions, and the state supervision body controls the activities of the certification body, checks how accurately its decisions are implemented.

According to Article 2 of the Federal Law “On Technical Regulation”, a technical regulation is a document that is adopted by an international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation, or by a federal law, or by a decree of the President of the Russian Federation, or by a decree of the Government of the Russian Federation and establishes mandatory and fulfillment of the requirements for the objects of technical regulation (products, including buildings, structures and structures, production processes, operation, storage, transportation, sale and disposal).

The adoption of technical regulations is aimed at protecting citizens and their property, wildlife, as well as preventing incorrect actions that can lead to undesirable consequences for product users.

According to paragraph 2 of Article 6, technical regulations include only those requirements that ensure the solution of the issues formulated in the previous paragraph. The adoption of technical regulations for any other purposes is simply not allowed. Compliance with other technical norms that are not directly related to the issues mentioned in the article of the law becomes an optional matter.

Technical regulations should establish the minimum necessary requirements to ensure safety on a number of specific issues. In a narrow sense, security is the absence of an unacceptable risk associated with the possibility of causing damage, in a broad sense, it is a state of protection of the vital interests of an individual, society and the state from internal and external threats or dangers.

The requirements of technical regulations should not be overstated in relation to those that properly ensure the protection of the life and health of citizens, property, the environment, the life and health of animals and plants, as this may lead to the complication and rise in the cost of products and services and, as a result, become an obstacle to doing business. For example, at the stage of development and approval of draft technical regulations, decisions may well arise that will put domestic producers in less favorable conditions than foreign ones. Therefore, when agreeing on safety indicators and conducting an expert assessment, it is important to strictly observe the principles of competition law. Our laws should protect, not ruin domestic entrepreneurs.

Rules and forms of conformity assessment;

Conformity confirmation schemes;

Deadlines for conformity assessment in respect of each object of technical regulation;

Terminology, which defines the terms specific to this technical regulation;

Requirements for packaging, design, method of execution, marking or labels and rules for their application.

Obviously, the technical regulation will counteract the misleading of the buyer of goods. To do this, it is necessary to develop and adopt at the level of the Federal Law a technical regulation on the procedure for communicating information about goods to consumers using marking and labeling. Today, the information printed on products and included in the accompanying documentation is often unreliable, resulting in a misconception about the real quality of the products offered. When uniform strict rules are established, this will make it possible to largely deprive unscrupulous commodity producers and sellers of the opportunity to borrow with impunity the names of well-known products of a significantly different quality to designate their own products, to attribute useful properties to objects that do not actually possess them, to give products a design that introduces the consumer into delusion.

The technical regulation should contain requirements only for the characteristics of objects, but not for the design, technology and methods of their development, with the help of which these characteristics are provided. This is the task of developers, designers, technologists. The exception is cases when, without observing certain rules for the development of an object, it is obviously impossible to protect the life and health of citizens, property, the environment and plants, and the life and health of animals.

The technical regulation may contain special requirements for products, processes of production, operation, storage, transportation, sale and disposal, terminology, packaging, marking or labels and rules for their application (objects), which are applied depending on the geographical and climatic zones these objects are produced. This is due to the fact that products manufactured in such areas may have an increased risk precisely because of their geographical and climatic features. Such requirements may include, in particular, veterinary-sanitary and phytosanitary measures.

The law establishes two types of technical regulations: general and special. The requirements of the general regulations are mandatory for application and compliance with any type of product, production process, operation, storage, transportation, sale and disposal. Special regulations establish requirements for types of products, the safety of which is not ensured by the requirements of general technical regulations. Special regulations should not contradict the general regulations and are direct action normative acts. General regulations, formalized as federal laws, should contain the basic rules that apply to a very wide range of objects. Special regulations establish requirements for technological and other features of certain types of products, production processes, operation, storage, transportation, sale and disposal.

The Federal Law "On Technical Regulation" as one of the main principles laid down the publicity of the preparation and passage of draft technical regulations. This is a fundamental innovation. It is important that at each stage of the development of a new regulatory framework, society as a whole and structures state power were informed in detail about how the process is going, what are the contradictions, who is the author of certain proposals.

So, in order to rule out the possibility of State Duma technical regulations for the purpose of unfair competition, the Federal Law of the Russian Federation "On Technical Regulation" provides for a special procedure for the preparation and consideration of draft technical regulations. This procedure includes a number of mandatory steps, without which the project cannot be submitted to the State Duma. This is, in particular, the publication, notification of its development in the printed edition federal body executive power for technical regulation and in the information system of general use in electronic digital form (Internet). The notification must contain information about the products for which the regulation is being developed. It is also required to include a justification for the need for development, an indication of the differences between the developed regulation from international standards or from the requirements in force on the territory of the Russian Federation. Information is also required on how to get acquainted with the draft regulation and, in addition, the details of the developer.

By the way, the duty of the latter is to ensure the availability of the draft regulation for review from the moment the notice is published. Moreover, he will have to finalize the draft technical regulation, taking into account the comments received, to conduct a public discussion of the draft for at least two months.

In essence, the discussion of the draft technical regulation begins from the moment of publication of the notice on the development of the technical regulation. This law obliges the developer to provide a copy of the technical regulation to any interested person. Interested parties send their comments and suggestions to the developer. The developer considers these comments and suggestions, decides on their acceptance, partial acceptance or rejection. This stage of development of the technical regulation ends with a public discussion of the revision of the technical regulation, which takes into account the accepted comments and suggestions. This law establishes the duration of this stage - less than two months.

The stage of discussing the draft technical regulation ends with the publication by the federal executive body for technical regulation of a notice containing information on how to get acquainted with the draft technical regulation and the list of comments received in writing from interested parties, as well as information about the developer of the technical regulation.

The ninth article of the law establishes a 10-day period for notification by the federal executive body for technical regulation in its printed publication about the development of a draft technical regulation and about the completion of the public discussion of this draft from the moment of payment for the publication of notifications. In this way, it is ensured that interested parties are informed about the technical regulation being developed from the moment it is developed and in the course of development. This enables the executors of the technical regulation to express their opinion on the merits of the developed technical regulation and to begin preparations for its application and execution in advance.

In accordance with the law, the time from the moment of publication of a notice on the development of a draft technical regulation to the moment of publication of a notice of completion of public discussion must be at least two months.

With the submission by the subject of law of the legislative initiative of the draft Federal Law on Technical Regulations to the State Duma, the stage of adoption of the technical regulation begins. Registration of the draft Federal Law on Technical Regulations is carried out in the presence of the following basic documents:

Justification of the need for acceptance;

Financial and economic justification;

A list of comments received in writing from all interested parties.

The introduced draft of the Federal Law on Technical Regulations with the attachment of documents is sent by the State Duma to the Government of the Russian Federation.

Within a month, the Government of the Russian Federation sends a response to the draft Federal Law on Technical Regulations to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation.

The period of time for the State Duma to prepare for the adoption of a law on technical regulations in the first reading after receiving a response from the Government of the Russian Federation is not established by this law. The draft Federal Law on Technical Regulations adopted in the first reading must be published in the printed edition of the federal executive body for technical regulation and in the information system common use in electronic digital form.

Amendments to the draft law on technical regulations adopted in the first reading after the deadline for their submission must be published no later than one month before the State Duma considers the draft technical regulation in the second reading. The draft law on technical regulations prepared for the second reading shall be submitted by the State Duma to the Government of the Russian Federation not later than one month before the consideration of the draft by the State Duma in the second reading. Within a month, the Government of the Russian Federation sends a response to the draft Federal Law on Technical Regulations to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation.

Representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers are included in the composition of expert commissions on a parity basis. As indicated in paragraphs. 7 and 8 of this article, these commissions twice participate directly in the process of adopting technical regulations - in the preparation of a law on technical regulations in the first and second readings. Members of expert commissions have the opportunity to prepare their opinion on the developed technical regulation at an earlier stage: the developer is obliged to provide written comments of interested parties on the draft technical regulation at their request, and the draft itself must be available to everyone interested persons from the date of publication of the notice of its development.

The introduction of amendments and additions to the technical regulation or its cancellation is considered as the development of a new technical regulation. Amendments can be made by the adoption of a federal law, a decree of the President of the Russian Federation, an international treaty, or a government decree.

In exceptional cases, when special circumstances arise (threat to the life or health of citizens, the environment, etc.), the President of the Russian Federation has the right to issue technical regulations without public discussion.

When a technical regulation is adopted by an international treaty, the procedure for its development prescribed by paragraph 6 of Art. 9 of the Federal Law "On technical regulation".

If it is necessary to reduce the term for the entry into force of a technical regulation, it can be introduced by a decree of the Government of the Russian Federation. At the same time, the draft law is sent for examination to the relevant expert commission on technical regulation. When adopting a decision to issue a technical regulation, the opinion of the expert commission is taken into account.

It should be noted that recently the relevant technical committees have developed drafts of a group of technical regulations, as well as compiled and published guidelines for the development of general and special technical regulations R 50.1.044-2003 "Recommendations for the development of technical regulations".

So, this Federal Law "On Technical Regulation" is aimed at creating the foundations for a unified policy in the areas of technical regulation that meets modern international requirements. Now, technical regulation and technical regulations, as well as confirmation of conformity of products and services, have become the basis for solving many issues of standardization, certification, and licensing. The introduction of technical regulations into the rank of state regulation in order to fulfill mandatory norms instead of the usual standards makes it possible to equalize the state of domestic standardization with international one. This is due to the advisory nature of the use of any standards in the application of technical regulations, which can use their individual norms and provisions. Thus, the standards remain normative base, and will be developed, but no one will be able to use them as the main regulator of the relationship between producer and consumer.

Technical regulation refers to the legal regulation of relations in the field of establishing, applying and fulfilling mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal. In technical regulation, on a voluntary basis, requirements are established and applied to products, to the above-mentioned processes, to the performance of work or the provision of services, as well as legal regulation of relations in the field of assessing their conformity. A technical regulation is a document that establishes mandatory requirements for the application and implementation of requirements for objects of technical regulation. The technical regulation is established by a federal law or a decree of the President of the Russian Federation, or a decree of the Government of the Russian Federation, as well as an international treaty of the Russian Federation ratified in the manner prescribed by the legislation of the Russian Federation. Technical regulation is carried out on the basis of uniform rules and compliance with the level of development of the national economy, the development of the material and technical base, as well as the level of scientific and technological development.

Aronov I., Versan V., Terkel A. Main issues of setting safety requirements in technical regulations//Standards and quality, 2003, September: http://www.stq.ru/riasite/index.phtml?page=1&tbl=tb_88&id =653

Gruzdov V. Technical regulation as a mechanism for ensuring the technological security of the Russian Federation // Standards and Quality, 2003, March: http://www.stq.ru/riasite/index.phtml?page=1&tbl=tb_88&id=555

Lifits I.M. Standardization, metrology and certification: Textbook. – 4th edition revised. and additional – M.: URAIT, 2004.

Metrology, standardization and certification: Textbook/Yu.I.Borisov, A.S. Sigov, V.I. Nefedov and others; Ed. Professor A.S. Sigov. – M.: FORUM: INFRA-M, 2005.

Obydenov A. Yu. Technical regulation: world experience and Russian legislation//Information and analytical bulletin, 2003, No. 49: http://www.opec.ru/library/article.asp?d_no=4055&c_no=9&c1_no=

Polozov Yu.E., Chernetsova T.Yu. Reforming standardization by information technology// 2004, No. 12: http://www.techno.edu.ru:16000/db/msg/18628.html

Federal Law of the Russian Federation "On Technical Regulation" dated July 1, 2003 No. 184-FZ

Fomin V.N. Commentary on the Federal Law of the Russian Federation "On Technical Regulation": Article by article. M.: Os-89, 2003.

The technical regulation is adopted federal law . The developer of a draft technical regulation can be any person . The development of a draft technical regulation should be published notification in the printed edition of the federal executive body for technical regulation. It must contain:

Information about for which product or process the requirements being developed will be established;

Summary goals and justification for the need for development;

Information about how to get acquainted with the project;

Surname, name, patronymic and postal address of the project developer.

The draft technical regulation should be available interested parties for information. Developer spends public discussion project.

The following order is provided acceptance technical regulation. The subject of the right of legislative initiative submits to the State Duma draft federal law on the technical regulation, which is sent by the State Duma to the Government of the Russian Federation. For a draft federal law, the Government sends to the State Duma within six months review for the adoption of the draft law in the first and subsequent readings, taking into account the conclusion of the expert commission.

Exists special order development and adoption of technical regulations:

In exceptional cases President of the Russian Federation has the right to issue technical regulations to its decree without its public discussion;

A technical regulation may be adopted by an international treaty subject to ratification. In this case, it is published Decree of the Government of the Russian Federation.

7.5 State control (supervision) over compliance with the requirements of technical regulations

The bodies of state control over compliance with the requirements of technical regulations of control are federal executive authorities, executive authorities of the constituent entities of the Russian Federation, subordinate to them government agencies authorized to carry out control. State control is exercised officials these bodies, and not any officials, but leaders (or their deputies) state organizations.

Objects of state control are products, processes of its production, operation, storage, transportation, sale and disposal. The subject of control is compliance with the requirements of technical regulations for them. In relation to products, state control is carried out exclusively at the stage product circulation.

State control bodies have the right:

Require from the manufacturer (seller) presentation declaration of conformity or certificate of conformity, confirming the conformity of products to the requirements of technical regulations;

- issue prescriptions on the elimination of violations of the requirements of technical regulations in set time;

Make motivated decisions about the ban transfer of products and suspension of processes, if it is impossible to eliminate violations of the requirements of technical regulations by other measures;

Suspend or terminate the validity of a declaration of conformity or a certificate of conformity;

Bring the manufacturer to responsibility, provided for by the legislation of the Russian Federation.

Behind violation requirements of technical regulations and failure to comply with the instructions and decisions of the state control body, the manufacturer is liable in accordance with the legislation of the Russian Federation. The Law establishes four grounds for liability controlled entities:

- breach of requirements technical regulations;

- non-compliance with orders and decisions of the state control body;

- harm life or health of citizens, property, environment, life or health of animals and plants;

- the emergence of a threat causing harm.

Subjects of responsibility in all cases are the manufacturer, performer, seller. In case of violation of the requirements for products comes civil liability . Moreover, it is not the fact of the violation that is decisive, but its consequences in particular, causing harm to human life or health or property damage. Responsibility is realized through damages and recovery of damages. Violation of product requirements may result in criminal liability (Article 238 of the Criminal Code of the Russian Federation) in the case of production and circulation of products that do not meet safety requirements.

Subjects of responsibility for all processes are performers. The main requirements for processes should provide them security for people and the environment, safety products and property. For violation of the requirements of technical regulations for production processes, to the operation of products (equipment, construction objects), administrative and criminal liability is possible.

When harm as a result of non-compliance of products with the requirements of technical regulations, the manufacturer (executor, seller) is obliged compensate for the harm and take steps to prevent future harm. Compensation for harm is regulated by the Civil Code and the Law of the Russian Federation "On Protection of Consumer Rights". Manufacturer released from liability if it proves that the harm was caused by force majeure (flood, earthquake, etc.) or violation by the consumer of the rules for the use, storage or transportation of goods.

Chapter 8. Standardization

Standardization– the activity of establishing rules and characteristics for the purpose of their voluntary reusable, aimed at achieving orderliness in the areas of production and circulation of products and increase competitiveness products, works and services.

Standardization activity is very dynamic, it extends to a variety of areas of activity and serves both to increase their efficiency and to achieve higher competitiveness in the domestic and foreign markets and mutual understanding with foreign partners and contractors. The role of standardization in economic sphere the life of society, it must not only correspond to the changes taking place there, but also be ahead of them, so that standards contribute to the development of production, and not hold it back.

Standardization activities are manifested in the processes of development, publication and application of standards. Work in the field of standardization is regulated by the Federal Law "On Technical Regulation" and a number of national standards, for example, GOST R 1.0 - 2004 "Standardization in Russian Federation. Basic Provisions".

The main thing in determining legal status standardization activities is voluntary application of national standards.

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