Commercial law. Confirmation of conformity of quality of goods and services (lecture notes)

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Commercial law. Confirmation of conformity of quality of goods and services (lecture notes)

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LECTURE No. 37. Confirmation of the conformity of the quality of goods and services

Conformity assessment is carried out in order to certify the compliance of products with technical regulations, standards and terms of the contract. The goals of certification are:

1) assistance to consumers in the competent choice of products;

2) creation of conditions for the activities of enterprises, institutions, organizations and entrepreneurs in the single commodity market of the Russian Federation;

3) participation in international economic, scientific and technical cooperation and international trade;

4) protection of consumers from dishonesty of manufacturers (sellers);

5) control of product safety for the environment, life, health and property;

6) confirmation of product quality indicators declared by the manufacturer.

Product certification is an activity to confirm the conformity of products to established requirements (standards). Certificate of Conformity - a document issued to confirm the compliance of certified products with established requirements. Mark of conformity - a mark registered in the prescribed manner, which confirms the compliance of the products marked with it with the established requirements (Article 2 of the Federal Law "On Technical Regulation"). Certification system - a set of enterprises, institutions and organizations - participants in certification, carrying out certification according to the rules established in this system and in accordance with the legislation of the Russian Federation. Certification systems are registered with the State Standard of the Russian Federation, which is the highest federal body in the field of certification.

The main functions of the State Standard of the Russian Federation in the field of certification include:

1) formation and implementation of state policy in the field of certification;

2) approval of general rules and recommendations for certification in the territory of the Russian Federation and publication of official information about these rules;

3) state registration of certification systems and conformity marks operating in the Russian Federation;

4) publication of official information on certification systems and marks of conformity in force in the Russian Federation and its submission in accordance with the established procedure to international (regional) certification organizations;

5) preparation, in accordance with the established procedure, of proposals for joining international certification systems, as well as the conclusion of agreements with international organizations on the mutual recognition of certification results;

6) representation in accordance with the established procedure of the Russian Federation in international organizations on certification issues as a national certification body of the Russian Federation.

Forms for confirming the conformity of the quality of goods and services:

1) voluntary;

2) mandatory.

Voluntary confirmation of conformity is carried out in the form of voluntary certification. It is carried out at the initiative of the applicant and on the basis of an agreement with the certification body. Certification body - an organization that can be created by any legal entity or individual entrepreneur, as well as their associations. This system confirms the conformity of objects, issues certificates for objects that have passed voluntary certification, applies a mark of conformity, applies when the certificate is terminated or terminated.

Registration is carried out by the body for technical regulation within 5 days.

Mandatory confirmation of compliance is carried out in two ways:

1) adoption of a declaration of conformity;

2) mandatory certification, carried out in cases established by the technical regulations.

The adoption of a declaration of conformity can take place in two ways:

1) acceptance of the declaration on the basis of own evidence. Here, the applicant independently generates evidentiary material in order to confirm the compliance of products with the requirements of the technical regulation (technical documentation, the results of their own research, etc.);

2) acceptance of the declaration based on own evidence and obtained with the participation of a third party (certification organization or testing laboratory). The declaration of conformity includes applicants, manufacturers, details, information about the object of confirmation of conformity, an indication of the scheme, validity period, etc.

Mandatory certification is carried out by a special certification body on the basis of an agreement with the applicant. This body conducts the test itself or attracts accredited laboratories, centers. This authority maintains a register of issued certificates, suspends or terminates the certificate and exercises control. Mandatory certification of the relevant types of products is carried out by virtue of the requirements of the legislation (for example, when importing products). In all other cases, at the request of the manufacturer, in order to increase the competitiveness of its products on the market, voluntary certification can be carried out.

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