Requirements of the general technical regulation. Types of technical regulations
Protection of human life and health;
Protection of property of individuals and legal entities;
Protection of municipal or state property;
Security environment.
Technical regulations establish requirements that ensure: electrical, chemical, thermal, industrial, fire, mechanical safety.
Technical regulations establish the necessary veterinary-sanitary and phytosanitary measures for products.
Requirements for individual types of products are determined by a combination of requirements of general and special technical regulations.
Types of technical regulations:
1. General technical: mandatory for application and compliance with any type of product, production process, storage, transportation, etc., accepted on issues safe operation, disposal of machinery, equipment, buildings, structures and the safe use of adjacent territories.
2. Special technical: technological and other features are taken into account certain types products, production processes, storage, transportation, etc., establish requirements only for those types of products in respect of which the goals are not met by the requirements of general technical regulations, they establish requirements only for those individual types of products where the degree of risk of causing harm is higher than the degree the risk of harm.
Procedure for the development and adoption of technical regulations:
In exceptional cases, in the event of circumstances leading to an immediate threat to life or health;
Technical regulation can be adopted international treaty;
The government has the right to issue a decree on the relevant technical regulation.
Technical regulations should include:
Requirements that provide 11 types of security;
Requirements to ensure the uniformity of measurements;
Regulation object identification rules;
Rules and forms of conformity assessment;
Deadlines for assessing the conformity of each object of regulation;
Requirements for terminology, packaging, marking or labels and the rules for their application. The requirements must not interfere with the normal entrepreneurial activity. The technical regulation must contain an exhaustive list of products and related processes to which its requirements apply.
The legal meaning is that specified requirements, if they are provided for in the technical regulation, they cannot be mandatory in any other document.
The procedure for developing, adopting, amending and canceling technical regulations: 1) technical regulations are adopted by federal law;
2) the developer of the project can be any person;
5) the completion of the public discussion of the project must be reported in a printed publication.
The content of the answer on administrative law:
Since 2005, the Russian Federation has new form legal regulation - regulations.
Act type - order. The Order approves the Regulations.
A set of norms intended for detailed regulation of routine management processes both in internal and external relations.
Detailed regulation:
First, the administrative should not involve the issuance of other normative acts in its development;
secondly, administrative regulations should not contain blanket norms. This is fully implemented in relation to the administrative regulations for the execution state functions and performance of public services. It is necessary to rewrite the norms to which references are implied, to ensure the integrity of perception.
Thirdly, the regulations use the direct names of bodies, structural units and positions, if possible in accordance with Russian legislation. It's impossible when we are talking about internal organization body executive power, and it is approved by the leader (i.e., an even more variable phenomenon).
Routine management processes - administrative regulations are designed to regulate the daily activities of ordinary performers (direct performers of state functions).
The system of regulations in Russian Federation:
In RF - several types of regulations.
Decree of the Government of 19.01.2005 No. 30 “On the standard regulations for the military federal executive authority”.
Federal Law "On the state civil service»
=> 4 types of regulations:
1. Regulations interagency cooperation FOIV (federal executive authorities).
2. Regulations internal organization FOIV (1 body).
3. Administrative regulations for the execution of state functions and provision of public services.
4. Job Regulations government civil servants.
Clauses 2 - 4 => together form the administrative regulations of the federal executive authority.
All other regulations: each regulation - 1 act.
Regulations for interdepartmental interaction of federal executive authorities (FOIV).
This type of regulation defines procedure for the joint performance of one or more state functions several government agencies. The regulatory framework for this type of regulations is determined by the Government Decree No. 30 of 01/19/2005. Of all the types of regulations, this type is the smallest. (not > 50).
Administrative regulations for interdepartmental interaction can be of several types (types):
Regulations interactions between entities that are not subordinate to each other. (Federal Border Service and Federal Migration Service) => alternative form for administrative agreements. The agreement determines whether there will be interaction or not, and on what issues - material and legal regulation.
To regulate the interaction procedure - regulations. Approved by joint order.
Regulations interaction of the federal executive authority with other subordinate federal executive authorities and territorial bodies.
Regulations interaction between the central body and its territorial bodies. => FAS regulation.
Regulations of the 2nd and 3rd groups began to be adopted after 2005, then everyone saw that they were objectively not needed, and stopped accepting them.
Administrative regulations of the internal organization of federal executive authorities
There is no legal definition. This type of act is intended for intra-apparatus regulation of the processes of activity of the Central Federal Executive Office (central federal executive bodies). Government Decree of 28.07. 2005 No. 452. "On the model regulations for the internal organization of federal executive authorities." Initially, the task of this type of regulations was to regulate all the processes of functioning within the body.
Relevant regulations are subject to approval in respect of each CFOIV.
The regulations of the internal organization are approved by the body itself in relation to itself.
The regulations define:
The procedure for planning and organizing work, as approved by the body's plan for the next period, report.
The order of preparation and execution of instructions of the head and the order of their execution are determined.
The procedure for the execution of parliamentary requests, the execution of instructions from the Government and the President.
The order of the military authority with its subordinate services and agencies and extra-budgetary funds, if any, is determined.
The order of the / d with territorial bodies, if any.
The procedure for working with citizens' appeals and the procedure for ensuring access to information.
The procedure for the creation and functioning of collegiate and advisory bodies (boards of the Ministry or boards of the federal service).
Administrative regulations for the performance of state functions and the provision of public services.
Government Decree dated 11.11.2005. No. 679. "On the procedure, development and approval of administrative regulations for the execution of state functions and the execution of state services."
The regulation is a normative act that establishes:
- timing and sequence administrative procedures and administrative action OIV,
- the order of interaction of its structural divisions and officials ,
- interaction order body, its structural subdivisions and officials with citizens and organizations when performing public functions or providing public service. Those. what documents to provide, what are the time limits for a personal appointment, what happens at a personal appointment, who prepares a draft decision, etc. => the whole sequence of actions and time frames.
The view regulations is one of the most numerous(2nd in number). There should be a regulation. approved for each public function or each public service. Therefore, there are a lot of them. Nobody knows what state functions and services are =).
Sections of the administrative regulations for the execution of state functions and the provision of services:
1. general provisions, which lists all NA, on the basis of which the regulation was adopted, and determines the subject of its regulation.
2. The requirements for the procedure for the execution of a state function or the provision of a state service are determined. Determine the legal facts that are the basis for the start of the execution of the function and complete the execution of the function, determine the deadlines for all administrative procedures in the regulations, as a rule, the maximum duration. Determine the requirements for the room where the function is performed.
3. administrative procedures, which are the order of successive performance of actions necessary for the performance of functions or the provision of a service. This is an algorithm.
Federal Law “On the State Civil Service”, Letter of the Ministry of Health and Social Development (not a normative act) dated August 10, 2005 No. 3855-VS “On recommendations for the development of job regulations for federal civil servants ... ..”
Approved by the head of the body. The normative act that comprehensively regulates this position. In practice, this resulted in employees writing them for themselves.
Installed:
Requirements for the level of professional knowledge and skills, required. for a person, deputy position.
For an ideal answer, it is better to look at the above letter.
Introduction
The main task of Gosstandart of Russia in this area is the organization and implementation of activities to confirm the conformity of products and services to established requirements.
The GOST R Certification System has more than 800 bodies accredited by the State Standard of Russia for mandatory certification and around 2000 testing laboratories(centers). This made it possible to create an additional 40,000 jobs in the country.
All activities of certification bodies and testing laboratories, as well as the work of the supervisory bodies of the State Standard of Russia, are aimed directly at protecting consumers from hazardous products.
The system of Gosstandart of Russia today has a set of broad powers that allow setting high requirements for products (works, services) and monitoring their compliance. We are ready to protect the rights and interests of consumers, and, consequently, to raise the bar for our standard of living.
1. Technical regulation and its application.
The operation or consumption of many types of products is associated with a risk to the life or health of citizens, damage or destruction of property, harmful effects on nature in the form of emissions into the atmosphere, pollution of water and land, which has Negative influence on the life and health of animals and plants. 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. The way to achieve these goals is set out in Articles 7-10, 18-20, 23-27 of the Federal Law "On Technical Regulation".
Technical regulations include only those requirements that ensure the solution of the issues formulated in paragraph 1 of this article. Consumer properties of products and services - such as ergonomic, aesthetic, the ability to perform specified functions, characterized by indicators of technical effect (purpose), economy - are regulated by documents in the field of standardization.
Technical regulations, taking into account the degree of risk of causing harm, establish a minimum necessary requirements providing: radiation safety; biological safety; explosion safety; mechanical safety; fire safety; industrial safety; thermal safety; chemical safety; electrical safety; nuclear and radiation safety; electromagnetic compatibility in terms of ensuring the safety of the operation of instruments and equipment; unity of measurements.
1. 1. The essence of technical regulation.
Technical regulation - legal regulation of relations in the field of establishment, application and use mandatory requirements to 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.
1.2. The concept of technical regulations, types of technical regulations.
Technical regulation is a document adopted by an international treaty of the Russian Federation, ratified in accordance with the procedure established 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 requirements for the application and implementation of requirements for objects of technical regulation ( products, including buildings, structures and facilities, production processes, operation, storage, transportation, sale and disposal).
The law establishes two types of technical regulations:
Special.
Mandatory requirements for specific products consist of the requirements of general technical regulations and special technical regulations for these products.
General technical regulations on the safety of the operation of buildings, structures, structures and the safe use of the territories attached to them are mandatory for compliance with all types of buildings, structures, structures and territories adjacent to them.
General technical regulations on the safe operation and disposal of machinery and equipment, fire safety, biological safety, environmental safety, nuclear and radiation safety; electromagnetic compatibility are mandatory for application and compliance with any type of product.
Special technical regulations establish requirements for types of products, the safety of which is not ensured by the requirements of general technical regulations. These are the types of products for which it is necessary to establish requirements for the safety of radiation, explosion safety, mechanical safety, industrial safety, thermal safety, chemical safety, electrical safety, as well as compliance with the uniformity of measurements. Due to the fact that the listed requirements are not established in the general technical regulations, the degree of risk of causing harm to these types of products is higher than the degree of risk of causing harm to products for which these types of hazards are not typical.
1.3. Examples of draft technical regulations.
Example #1
Example #2 Project
the federal law
Special technical regulation
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 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 standards, 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 unacceptable risk associated with the possibility of causing 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. rules for recognizing the identity of a real object to those of its characteristics contained in the technical regulation, and signs of its identification. In addition, the technical regulation may contain the following data:
rules and forms of conformity assessment;
conformity assessment schemes;
deadlines for conformity assessment in relation to 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 the 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 an object, it is obviously impossible to ensure the protection of life and health of citizens, property, protection of the environment and plants, 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, designed as federal laws, should contain the basic rules applicable 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.
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.
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