The Federal Law of the Russian Federation "On Technical Regulation" applies to relations that arise during the application, adoption, development, execution on a mandatory and voluntary basis of requirements for products manufactured at enterprises and for production processes. The transportation, operation, disposal, sale, storage of goods are also regulated. Let us further consider in detail the Law "On Technical Regulation" (184 Federal Law).
General information
The Federal Law of the Russian Federation "On Technical Regulation" formulated the duties and rights of all those involved in the relations regulated by this act. The provisions of the document do not apply to a number of norms. In particular, they include:
- Educational (state) standards.
- Accounting regulations and audit rules.
- Emission Standards and Securities Prospectuses.
Terminology
The Law "On Technical Regulation" provides clarification on key industry concepts:
- Accreditation is the official recognition of an authorized body of competence of an entity to carry out work in a specific area of verification of compliance.
- Product identification - the determination of the identity of the characteristics of products to their essential features.
- Applicant - a citizen or organization that carries out confirmation of compliance.
- Declaration. It is a document that certifies the conformity of products to current requirements. The confirmation process itself is called a declaration.
- Mark of conformity. It is a designation used to inform consumers about the compliance of the facility with the requirements. national standard or voluntary certification.
- Conformity assessment acts as an indirect or direct determination of compliance with the requirements for the product.
- Products - the result of production activities, presented in materialized form and intended for subsequent use for economic and other purposes.
- Risk is the likelihood of damage to the health / life of the population, damage to property (both private and municipal / state), the environment, plants and animals with an assessment of the severity of such consequences.
- The certificate of conformity is a document certifying compliance with technical regulations, the provisions of standards and contractual conditions when manufacturing products. The verification process is referred to as certification.
Legal regulation
The Law "On Technical Regulation" (184 Federal Law) provides for the preparation of regulatory documents. They are called regulations. Such documents may be adopted within the framework of an international treaty ratified in due course. The approval of technical regulations can be carried out on the basis of the Federal Law, the decree of the president, and the government’s decree. This document formulates binding standards and requirements for facilities. The latter include, but are not limited to:
- Buildings
- Production.
- Production, operational, transport and other processes.
Principles
Law 184 “On Technical Regulation” proclaims a number of key provisions. On their basis, activities are carried out to bring products, processes, services and work in line with established requirements. The fundamental principles are:
- The use of uniform rules in establishing requirements for regulatory objects.
- Compliance of the procedures with the level of development of the domestic economic system, material and technical base and scientific and technical progress.
- Independence of authorized bodies for accreditation, certification from sellers, manufacturers, buyers and performers.
- The unity of the methods and rules of testing (research) and measurements in the process of conducting procedures for mandatory verification of compliance.
- Inadmissibility of restriction of competition in certification and accreditation.
- Unity of systems and rules for verification of authorized bodies.
- Inadmissibility of combining the activities of a certification body with a supervisory authority or with an accreditation structure.
The Federal Law "On Technical Regulation" (184 Federal Law) prohibits extrabudgetary financing of state control over the implementation of the requirements of the approved regulations.
The purpose of the adoption of regulatory documents
The Law "On Technical Regulation" (184 Federal Law) formulates the purpose of the regulations. The main goal is to ensure the protection of the health / life of the population, flora and fauna, the environment, property belonging to individuals, organizations, the municipality or the state. Protection is carried out from all sorts of actions that could be harmful or mislead. The adoption of regulations for the implementation of other tasks is not allowed.
Content
The Federal Law "On Technical Regulation" establishes a number of categories according to which the minimum necessary standards should be present in the regulations. They should provide protection against:
- Radiation.
- Fires.
- Explosions.
- Mechanical impact.
- Biological impact.
- Industrial exposure.
- Radiation.
- Electrical exposure.
- Thermal influence.
- Chemical exposure.
- Electricity
- Nuclear exposure.
The Federal Law "On Technical Regulation" prescribes the inclusion in the regulations of standards through which electromagnetic compatibility is ensured for the safe operation of equipment and devices. Documents must use single units.
Important point
The RF Law "On Technical Regulation" prescribes that the requirements present in the regulations should not create obstacles for business entities to conduct more than is necessary to achieve the goals for which these documents are being drawn up. They should contain exhaustive lists of goods, processes of storage, production, operation, transportation, disposal, sale, for which relevant standards have been developed and approved. The technical regulation for its adoption may contain forms and rules by which conformity assessment is carried out (including confirmation schemes). They are determined taking into account the level of risk. In addition, the documents allow the inclusion of deadlines for conformity assessment for each specific object or requirements for packaging, terminology, labeling, labels and the procedure for applying them.
Law on Technical Regulation: Standardization
To ensure the production of safe products, certain rules and requirements are formulated. The standard is a document that reflects the properties of products, characteristics and rules for the implementation of production processes, implementation, storage, disposal, transportation, operation, performance of work / provision of services. It may also include requirements for symbolism, terminology, labeling, packaging, labels, as well as the rules for applying them. The process of establishing the relevant requirements is referred to as standardization.Safety is a state in which there is no unacceptable threat associated with damage to the health of citizens, plants, animals or their lives, harm to public, private, municipal property, the environment. Standardization is aimed at streamlining the production and circulation of goods, increasing the competitiveness of work, services, and goods.
Goals
Standardization is carried out for:
- Improving the safety of the health / life of the population, animals and plants, preventing property damage and environmental damage.
- Providing scientific and technical development.
- Improving the safety of regulated facilities, taking into account the likelihood of disasters (emergencies).
- Strengthening the competitiveness of products, services or work.
- Rational use of existing available resources.
- Information and technical compatibility.
- Comparability of the results of tests (studies) and measurements, economic-statistical and technological information.
- Product Interchangeability.
Basics of Activities
The Law of the Russian Federation "On Technical Regulation" establishes the following principles:
- Voluntary application of standards.
- Maximum consideration of the legitimate interests of all stakeholders in the development process.
- Using international standards as a basis for creating national regulations. An exception may be cases when such use is considered impossible due to the incomparability of foreign indicators to the geographic and climatic characteristics of the country, technological specifics or for other reasons, as well as if the state opposed the approval of any international documents (its individual provisions).
- Providing conditions for uniform implementation of standards.
Bans
The Federal Law "On Technical Regulation" does not allow the formation of obstacles to the circulation and release of goods, the provision of services or the performance of work to a greater extent than is minimally required. The establishment of standards, parameters, limits, indicators that are contrary to the provisions of the regulations is not allowed.
Supervisory authority
As mentioned above, the Law "On Technical Regulation" formulates the duties and rights of entities involved in regulated relations. These include, among others, supervisory authorities. Among the basic rights of these services, the following should be noted:
- Require the manufacturer, contractor, distributor to submit a declaration or certificate of conformity, which confirms compliance with the requirements established by the regulations. It is allowed to provide copies of these documents if their use is provided for in regulatory enactments.
- To carry out activities aimed at ensuring compliance with technical regulations in the prescribed manner.
- Issue recommendations and instructions to eliminate the identified violations, determine the period for their elimination, taking into account the nature of the misconduct.
- Make decisions prohibiting the transfer of products, as well as partially or completely halting the processes of production, transportation, operation, storage, disposal, sale, if other measures cannot eliminate the identified violations of the regulations. Moreover, such decisions should be motivated.
- Suspend or terminate the certificate or declaration of conformity.
The Law on Technical Regulation gives supervisory authorities the power to hold sellers, manufacturers, and performers accountable. Authorized instances are entitled to take other measures to prevent violations and causing harm.
Duties
The Law on Technical Regulation requires supervisory services to:
- During activities to monitor the implementation of the requirements established by the regulations, conduct explanatory discussions on the application of the approved standards, inform about changes and additions to the documents.
- Observe commercial and other secrets protected by law.
- Strictly observe the order in which control measures are carried out.
- To take measures, in accordance with the results of the work performed, aimed at eliminating the discovered violations.
- Send information about the non-compliance of the tested products with the requirements provided for in the technical regulations.
- Perform other activities that are not contrary to regulatory enactments.
Conclusion
What gave the adoption of the Federal Law? The Law "On Technical Regulation" has eliminated many of the previously existing contradictions. Until recently, the country had numerous regulations, often contradicting each other. The approved federal law 184 "On technical regulation" establishes that all minimum requirements are determined only by the regulation. It should be noted that the adoption of the document is also subject to the rules. The procedure involves constantly informing the public about the development process, making any changes. In addition, a fairly long period of putting it into effect has been established. This is necessary for the adaptation of business entities to new standards. To the project technical regulations its economic and financial justification is mandatory.