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Commercial law. Standardization in Russia (lecture notes)

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LECTURE No. 36. Standardization in Russia

Standardization is an activity to establish norms, rules and characteristics for the purpose of their voluntary reuse, aimed at achieving orderliness in the sphere of production and circulation of products and increasing the competitiveness of works, goods and services (Article 2 of the Federal Law "On Technical Regulation"). Standardization principles:

1) voluntary application of standards;

2) maximum consideration in the development of standards of the legitimate interests of interested parties;

3) international standards that are the basis of national standards;

4) the inadmissibility of establishing standards that are contrary to technical regulations.

Standardization provides:

1) safety of products, works and services for the environment, life, health and property;

2) technical and information compatibility, as well as interchangeability of products;

3) the quality of products, works and services in accordance with the level of development of science, engineering and technology;

4) unity of measurements;

5) saving all types of resources;

6) safety of economic facilities, taking into account the risk of natural and technological disasters and other emergencies;

7) the defense capability and mobilization readiness of the country.

Requirements established by regulatory documents for standardization should be based on modern achievements in science, engineering and technology, international standards, rules, norms and recommendations for standardization, progressive national standards of other states; take into account the conditions for the use of products, the performance of work and the provision of services, working conditions and modes of work and must not violate the provisions established by acts of the legislation of the Russian Federation.

At present, the national standardization system includes the following elements:

1) state (national) standards of the Russian Federation;

2) applicable international standards;

3) rules, norms and recommendations for standardization;

4) all-Russian classifiers of technical and economic information;

5) industry standards;

6) enterprise standards;

7) standards of scientific, technical, engineering societies and other public associations.

State standards are developed for products, works and services of cross-sectoral significance and must not contradict the legislation of the Russian Federation. Decree of the State Standard of the Russian Federation dated January 30, 2004 No. 4 "On National Standards in the Russian Federation" state and interstate standards adopted before July 1, 2004 are recognized as national standards. Their provisions are mandatory in the following cases:

1) if it concerns the protection of the life and health of citizens;

2) protection of property of citizens;

3) environmental protection;

4) protection from fraud in the market.

Requirements established by national standards to ensure the safety of products, works and services for the environment, life, health and property, for technical and information compatibility, interchangeability of products, uniformity of methods for their control and uniformity of labeling, as well as other requirements established by the legislation of the Russian Federation, are obligatory for observance by state governing bodies, economic entities.

Industry standards can be developed and adopted by state authorities within their competence in relation to products, works and services of industry importance. These standards must not violate the mandatory requirements of state standards.

Enterprise standards are developed and approved independently to improve production in order to meet product requirements, as well as to improve organization and management. The requirements of enterprise standards are subject to obligatory observance by other business entities if the contract for the development, production and supply of products, for the performance of work and the provision of services refers to these standards.

The standards of public associations are developed and adopted by them for the dynamic dissemination and use of the results of research and development obtained in various fields of knowledge.

Standards of business entities should not violate the mandatory requirements of state standards.

Control and supervision over compliance with the mandatory requirements of state standards and technical regulations until the Government of the Russian Federation makes a decision to transfer these functions to other federal executive bodies is carried out by the Federal Agency for Technical Regulation and Metrology.

Gosstandart of Russia adopts state standards and all-Russian classifiers of technical and economic information.

State control and supervision over compliance by business entities with the mandatory requirements of state standards is carried out at the following stages:

1) development, preparation of products for production;

2) product manufacturing;

3) sales of products;

4) use (operation) of products;

5) storage, transportation, disposal, as well as during the performance of work and the provision of services.

Officials of economic entities are obliged to create all the conditions that are necessary for the exercise of control and supervisory powers. The bodies exercising state control and supervision over compliance with mandatory requirements are the State Standard of Russia and other specially authorized government bodies. The implementation of state control and supervision over compliance with the mandatory requirements of state standards on behalf of the State Standard of Russia is carried out by its officials - state inspectors:

1) the chief state inspector of the Russian Federation for supervision of state standards;

2) chief state inspectors of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg for the supervision of state standards;

3) state inspectors for the supervision of state standards.

State inspectors for the supervision of state standards have the right to:

1) free access to office and production premises of a business entity;

2) receive from the subject of economic activity the documents and information necessary for the implementation of state control and supervision;

3) use technical means and specialists of a business entity in the course of state control and supervision;

4) issue instructions to prohibit or suspend the sale, use of tested products, as well as the performance of work and the provision of services in case of non-compliance of products, works and services with the mandatory requirements of state standards.

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