Commercial law. Technical regulations (lecture notes)

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Commercial law. Technical regulations (lecture notes)

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LECTURE No. 35. Technical regulations

Prior to the entry into force of the Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation", this issue was regulated by GOSTs (state standards), SNiPs (building codes and rules), Sanitary Rules. This system of GOSTs hindered the introduction of new technologies and was used as an instrument of administrative pressure.

For technical regulation, a three-level system of normative documents is introduced, which differ in their normative force in the area of the procedure for development and adoption:

1) technical regulations;

2) national standard;

3) enterprise standards.

Technical regulation - a document that establishes mandatory for application and implementation requirements for objects of technical regulation, which include buildings, structures, structures, production processes, operation, storage, transportation, sale and disposal. Technical regulations are applied to protect life, health, property of legal entities and individuals, state property, environmental protection, life and health of animals and plants, radiation safety, biological, chemical, thermal, electrical, nuclear, mechanical, industrial safety.

Content of technical regulations:

1) their action extends throughout the territory of the Russian Federation;

2) the requirements for packaging and labeling contained therein are exhaustive;

3) technical regulations should not contain designs, if this does not affect the degree of risk.

Changes to the technical regulation may be made only in accordance with the procedure specially established by law, namely by introducing amendments to the relevant law on technical regulation. Any person can be a developer of technical regulations. At least 2 months are allotted for the discussion of this draft technical regulation. The Federal Agency for Technical Regulation and Metrology, through the Government of the Russian Federation, sends a draft technical regulation along with a review to the State Duma of the Russian Federation, and the State Duma of the Russian Federation adopts this draft technical regulation as a federal law.

The state set aside a period of 7 years for the adoption of technical regulations (until 2010).

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