For violation of the requirements of technical regulations, the manufacturer (performer, seller, person performing the functions of a foreign manufacturer) is liable in accordance with the law Russian Federation.
In the event that, as a result of non-compliance of products with the requirements of technical regulations, violations of the requirements of technical regulations during the implementation of production processes, operation, storage, transportation, sales and disposal, harm is caused to the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment , life or health of animals and plants or there is a threat of causing such harm, the manufacturer (performer, seller, person performing the functions of a foreign manufacturer) is obliged to compensate for the harm caused and take measures to prevent harm to other persons, their property, and the environment in accordance with legislation of the Russian Federation. The obligation to compensate for damage cannot be limited by agreement or statement of one of the parties. Agreements or disclaimers are void.
The manufacturer (performer, seller, person performing the functions of a foreign manufacturer), who has become aware of the non-compliance of the products released into circulation with the requirements of technical regulations, is obliged to report this to the state control (supervision) body in accordance with its competence within ten days from the date of receipt the specified information. The seller (performer, person performing the functions of a foreign manufacturer), who has received the specified information, is obliged to bring it to the manufacturer within ten days. A person who is not a manufacturer (performer, seller, person performing the functions of a foreign manufacturer) and who has become aware of the non-compliance of products released into circulation with the requirements of technical regulations, has the right to send information about the non-compliance of products with the requirements of technical regulations to the state control (supervision) body. Upon receipt of such information, the state control (supervision) body is obliged to notify the manufacturer (seller, person performing the functions of a foreign manufacturer) of its receipt within five days. Within ten days from the date of receipt of information about the non-compliance of products with the requirements of technical regulations, if the need to establish a longer period does not follow from the essence of the measures taken, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to verify the accuracy of the information received. At the request of the state control (supervision) body, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to submit the materials of the specified inspection to the state control (supervision) body.
If information is received about a product’s non-compliance with the requirements of technical regulations, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to take the necessary measures to ensure that before the completion of the inspection, the possible harm associated with the circulation of this product does not increase. When confirming the accuracy of information about the non-compliance of products with the requirements of technical regulations, the manufacturer (seller, person performing the functions of a foreign manufacturer) within ten days from the moment of confirmation of the accuracy of such information is obliged to develop a program of measures to prevent harm and coordinate it with the state control (supervision) body in in accordance with his competence. The program should include measures to notify acquirers of the presence of a threat of harm and ways to prevent it, as well as the timing of the implementation of such measures. If it is necessary to incur additional costs to prevent harm, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to take all measures to prevent harm on its own, and if it is impossible to carry them out, announce a product recall and compensate for losses caused to purchasers due to a product recall. Elimination of defects, as well as delivery of products to the place where defects are eliminated and return to purchasers are carried out by the manufacturer (seller, person performing the functions of a foreign manufacturer) and at his expense. If the threat of harm cannot be eliminated, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to immediately suspend the production and sale of products, recall the products and compensate the purchasers for losses incurred in connection with the recall of the products. In case of failure to comply with the requirements or failure to comply with the program of measures to prevent harm, the state control (supervision) body in accordance with its competence, as well as other persons who became aware of the failure of the manufacturer (seller, person performing the functions of a foreign manufacturer) to comply with the program of measures to prevent harm harm, has the right to file a claim in court for a forced recall of the product. If the claim for a forced recall of products is satisfied, the court obliges the defendant to take certain actions related to the recall of products within the period established by the court, and also to bring the court decision no later than one month from the date of its entry into legal force to the attention of purchasers through means mass media or otherwise. If the defendant does not comply with the court decision within the prescribed period, the plaintiff has the right to take these actions at the expense of the defendant and recover the necessary expenses from him. For violation of the requirements of the law on product recall, criminal and administrative measures may be applied in accordance with the legislation of the Russian Federation.
In foreign practice, the requirements of standards are mandatory to be fulfilled in accordance with common law or if there is a mandatory reference to this standard in a technical regulation or Directive.
This is due to the subsequent revision of the standard: it will be valid only after changes are made to the regulations;
Link with rolling identification, i.e. the standard(s) are identified (indicated in the regulations) only by a number. This makes it possible to revise the standard and put it into effect regardless of changes to the regulations;
Liability exists for violation of a standard to which there is a mandatory reference. This reference indicates that compliance with the standards(s) identified therein - the only way to achieve product compliance with the requirements of technical regulations.
Technical regulations may include an indicative reference. This type of reference to a standard is essentially a form of provision aimed at achieving compliance. In other words, compliance with the standards contained in these references is considered to be one of the ways to achieve compliance with the requirements of the regulations.
According to the Law of the Russian Federation “On Standardization”, legal entities and individuals and government bodies bear responsibility for violation of its provisions. In accordance with the legislation in force in Russia, liability is criminal, administrative or civil in nature. Violations are identified by state control and supervision services over compliance by subjects economic activity mandatory requirements of state standards, which are discussed further in Chapter 2.
Violation officials or citizens who are registered as individual entrepreneurs, the mandatory requirements of state standards for the sale, operation, transportation and storage of products entail a fine in the amount of five to 100 times the minimum wage. The same punishment is determined for the evasion of legal entities and individuals from presenting products, as well as information about them and relevant documentation to state supervisory authorities.
Since January 1, 1997, special criminal liability has been established for deceiving consumers regarding the quality of goods established by the contract (in the areas of trade in goods and provision of services), as well as for the production and sale of goods and services that do not meet safety requirements. There is no criminal liability for violating the requirements of standards for industrial products, and administrative liability is established for failure to comply with mandatory requirements during its sale (supply), use, transportation and storage. Civil liability for violation of quality requirements is determined on the basis of the provisions of civil law.
Formation and implementation of state policy in the field of certification, establishment general rules and recommendations for certification on the territory of the Russian Federation are functions of Gosstandart. He also conducts state registration certification systems and marks of conformity, maintains their state register, publishes official information about certification, about existing certification systems and marks of conformity, and performs a number of other functions.
Gosstandart, in addition to fulfilling the role of a national certification body, organizes and carries out work on mandatory certification.
In accordance with the Law of the Russian Federation “On Standardization”, regulatory documents for products and services subject to mandatory certification in accordance with the legislation must contain the requirements for which mandatory certification is carried out, methods of monitoring for compliance with these requirements, rules for labeling products and services, information requirements on certification included in the accompanying documentation.
The requirements established by state standards to ensure the safety of products, works and services for the environment, life, health and property, to ensure technical and information compatibility, interchangeability of products, unity of control methods and unity of labeling, as well as other requirements established by the laws of the Russian Federation, are mandatory for compliance by government authorities and business entities. The compliance of products and services with the specified requirements of state standards is determined in the manner established by the legislation of the Russian Federation on mandatory certification of products and services.
Mandatory certification is carried out for the list of products approved by the Government of the Russian Federation.
Manufacturers and sellers of products subject to mandatory certification and sold on the territory of the Russian Federation are obliged to:
1. Sell these products only if there is a certificate of conformity issued or recognized by an authorized body, or a declaration of conformity adopted in the prescribed manner.
2. Ensure that products sold comply with the requirements of regulatory documents for which they have been certified, and are marked with a conformity mark in the prescribed manner.
3. Indicate in the accompanying technical documentation information about the certificate or declaration of conformity and regulatory documents to which the product must comply, and ensure that this information is communicated to the consumer.
4. Suspend or terminate the sale of products if they do not meet the requirements of regulatory documents, upon expiration of the certificate or shelf life of the product, as well as if the certificate is suspended or canceled by a decision of the certification body.
5. Ensure the unhindered execution of their powers by officials of bodies carrying out mandatory certification of products and control of certified products.
6. Notify the certification body about changes made to technical documentation or into a technological process.
Physical and legal entities, as well as federal executive authorities guilty of violating the rules of mandatory certification, bear criminal, administrative or civil liability in accordance with the law.
Gosstandart of Russia, represented by its authorized representatives, has the right to issue the following instructions:
1. On the elimination of identified violations of the mandatory requirements of state standards during the development, production, sale, storage, transportation and disposal of products (issued if this elimination is possible).
2. On eliminating violations of product safety requirements (same).
3. On the suspension of sales, use of manufactured products, performance of work, provision of services in cases of non-compliance with the mandatory requirements of standards (if they can be eliminated).
4. On the suspension of sales in the absence of reliable and sufficient information about the goods (until violations of the information requirements are eliminated).
5. On the ban on the sale of tested products in cases of product non-compliance with the requirements (valid until the non-compliance is eliminated).
7. On the prohibition of the sale of products in case of evasion by the manufacturer (seller) of presenting the products for inspection.
8. On the cessation of production and sale of dangerous goods.
9. On the termination of the sale of goods with expired expiration dates.
10. On the removal from production of dangerous goods.
11. About recalls from consumers of dangerous goods.
Fines are imposed on organizations and business entities:
1. For violations of regulations.
2. For evasion or untimely execution of instructions.
3. For causing damage to consumers by goods.
4. For the sale of goods without certificates (if they are required).
5. For violation of the rules of mandatory certification.
6. For providing false test results.
The amount of fines in each specific case is determined in accordance with the laws and the amount of damage caused.
In foreign practice, the requirements of standards are required to be fulfilled in accordance with general law or if there is a mandatory reference to this standard in technical regulations or in the Directive.
This is due to the subsequent revision of the standard: it will be valid only after changes are made to the regulations;
Link with rolling identification, i.e. the standard(s) are identified (indicated in the regulations) only by a number. This makes it possible to revise the standard and put it into effect regardless of changes to the regulations;
General reference, i.e. indication in the regulations of all standards, which operate in a certain areas and (or) adopted by a specific body. There is no separate identification of each standard.
Liability exists for violation of a standard to which there is a mandatory reference. This reference indicates that compliance with the standards (standard) identified therein is the only way to achieve product compliance with the requirements of the technical regulations.
Technical regulations may include an indicative reference. This type of reference to a standard is essentially a form of provision aimed at achieving compliance. In other words, compliance with the standards contained in these references is considered one of the ways to achieve compliance with the requirements of the regulation.
According to the Law of the Russian Federation "On Technical Regulation", legal entities and individuals and government bodies bear responsibility for violation of its provisions. In accordance with the legislation in force in Russia, liability is criminal, administrative or civil in nature. Violations are identified by state control and supervision services over compliance by business entities with the mandatory requirements of state standards.
Violation by officials or citizens who are registered as individual entrepreneurs of the mandatory requirements of state standards during the sale, operation, transportation and storage of products entails a fine in the amount of five to 100 times the minimum wage. The same punishment is determined for the evasion of legal entities and individuals from presenting products, as well as information about them and relevant documentation to state supervisory authorities.
Since January 1, 1997, special criminal liability has been established for deceiving consumers regarding the quality of goods established by the contract (in the areas of trade in goods and provision of services), as well as for the production and sale of goods and services that do not meet safety requirements. There is no criminal liability for violating the requirements of standards for industrial products, and administrative liability is established for failure to comply with mandatory requirements during its sale (supply), use, transportation and storage. Civil liability for violation of quality requirements is determined on the basis of the provisions of civil law.
CONCLUSION
Based on all the material that was presented in the main part, we can say that the assigned tasks were completed, but the topic of this abstract was not fully disclosed due to the complexity of the object under study.
The research method and methodology contributed to the disclosure of the topic, but for a more accurate study, the amount of scientific and methodological literature should be increased.
Only part of the subjects included in the topic was highlighted, which led to incomplete analysis and inaccurate fulfillment of the goal.
The structure of the abstract corresponds to the purpose and objectives of the study.
The object of study should be studied in more detail, taking into account all aspects and characteristics.
LIST OF SOURCES AND REFERENCES USED
1. Dimov Yu.V. Metrology, standardization and certification. St. Petersburg: Peter, 2nd edition, 2004-432 p.
2. Krylova G. D. Fundamentals of standardization, certification, metrology. M.: UNITY-DANA, 3rd edition, 1999-340 p.
3. Alekseev V. S., Belova L. A. Metrology, standardization and certification. Crib. M.: liters, 2009-32 p. http://allformgsu.ru/
In Russia, they will create a register of defectors who, by violating the regulations for the production of certain products, make their goods dangerous to the health and even lives of people.
Today, about 80 percent of state standards (GOSTs) are voluntary. If you want, do it, if you want, work according to your own rules. And yet they are like a bone in the throat for business. The consumer has more trust in goods made according to GOST standards. And there are attempts to soften the requirements of the standards.
How to make a business work according to the rules? Our correspondent talks about this with the head of the Federal Agency for Technical Regulation and Metrology, Alexey Abramov.
So, maybe introduce criminal liability for violating GOSTs? After all, they often simply hide behind them!
Alexey Abramov: You are right, there is a big problem of unfair labeling, when manufacturers use the GOST mark as a marketing bait, but in reality they do not follow the standard.
Such products can be found in any store. Especially
This applies to food products, where the market is completely open.
However, I think that here it is necessary, first of all, to unite the efforts of all regulatory authorities in the consumer market and simply systematically respond to such violations within the framework of the provided capabilities.
What if the violations cause harm to human health? Or did he die?
Alexey Abramov: For us, this is the subject of analysis of legally significant facts that may become the basis for recalling the entire batch of goods from retail. For example, how does it happen
when it is discovered that a certain batch of cars is at risk of a manufacturing defect.
But so far, unfortunately, our database of violations of technical regulations is very weak.
Unfortunately, there are no summary statistics, although they should be kept for all cases of harm, especially in cases of violation of technical regulations.
What is the reason?
Alexey Abramov: We simply lack close interaction with other regulatory authorities. With Rospotrebnadzor, Rostekhnadzor, Rosselkhoznadzor, in total we have about 30 different control and supervisory agencies, some of them more, and some less associated with risks to people.
We will establish this cooperation first of all. In turn, we want to make a resource with this information available to all government agencies. In terms of information about dangerous goods, it should also be open to consumers. If someone is “poisoning” the people, then the people should know who is “poisoning” them and with what.
When we accumulate such information, we see that from year to year, say, the number of specific incidents is growing, then there will be grounds for introducing strict certification or other tightening of regulation so that fewer “falsified” goods enter the market. We want to create a reliable, actionable analytical tool for making informed decisions. government decisions in this sensitive area.
It's not just about increasing responsibility. For example, abroad, inspectors from different authorities do not follow each other to the same store. But the inspector, if he sees obvious violations beyond the scope of his competence, will not leave them without attention, and will call a specialized specialist who will look into the details.
On the other hand, in Europe, even with unscheduled control, no one will warn the store owner that someone has complained about a specific violation and they will come to him. The inspector can come at any time. With us, sudden inspections are excluded; even with unscheduled control, a warning is required. Therefore, a business always has the opportunity to avoid liability.
Alexey Vladimirovich, when the State Duma was discussing a bill on standardization, one of the deputies demanded that standards be returned to mandatory status. What do you think?
Alexey Abramov: First, let me clarify that that part of the voluntary standards that form the basis of technical regulations is, in the vast majority of cases, unquestioningly implemented. These are standards that ensure product safety and allow the manufacturer to enter the market according to simple rules that are understandable to everyone.
The application of the remaining standards, which is 70-80 percent of these documents, is not regulated.
Why is it that a significant part of the standards that are not included in the “body” of technical regulations and are not mandatory are not in demand by business in Russia? Is it really a matter of basic ignorance?
Alexey Abramov: The trouble with our economy is that for the owners and management of the majority Russian companies it is important that there is a huge margin and a very fast payback. Priorities that are significant in the long term remain outside the brackets. Including neglected economic importance standardization.
Probably, in the fat years this could be understood. But when every penny counts, you need to be more judicious in allocating your resources. And it makes sense to spend money now to build a qualitatively different business. We just haven’t fully realized yet that you can collect a ruble on a penny. But Europe also took a long time to achieve this.
Do self-regulatory organizations help with this?
Alexey Abramov: Certainly. Many of them are developing their own standards, and they are interested in making them national. Builders are especially active.
Yes, indeed, it has been in our mentality since Soviet times - since GOST, then it must be followed by everyone. And this is understandable, because we all as consumers want to have a guarantee that we are buying a quality product. But it is quite naive, in my opinion, to expect that the use of previous government regulation instruments in new economic conditions will be just as effective. And it's not even about the difficulties of control. You cannot use administrative resources to impose on the economy something that it itself would never do in its life. This will ultimately bring no benefit to either business or consumers.
Why? After all, standards are the best technologies and quality control systems.
Alexey Abramov: The voluntary nature of standards allows active, advanced companies to move forward, prescribe their own rules, new standards - without causing direct harm to those businesses that cannot or do not want to follow the standards.
But even if the standards are voluntary, they are increasingly being used. Water wears away stones. Because the one who develops and uses the standards still turns out to be more competitive - and in the end it is he, and not the “marginal” competitor, who remains the winner.
What will happen to our standards in connection with the creation of the Eurasian Economic Union?
Alexey Abramov: We already have standards that apply throughout the CIS, and their number will continue to grow. Here, however, not everything depends on us. It happens that a standard that we have already developed “freezes” at the voting stage because colleagues from the standardization bodies of other CIS countries have complaints about it.
And which of them is the most unyielding?
Alexey Abramov: It cannot be said that someone is the most unyielding. It’s just that if countries have concerns that a standard could harm their industry or stop a specific enterprise, then we try to find a compromise that will allow us to still accept the document. This is important for us to ensure uniform rules throughout the CIS, because this provides an opportunity for cooperation.
And sometimes we are forced to relax the requirements of the standards so that our colleagues can also work according to these rules. But usually we still agree that after some time we will arrive at the target requirements. A classic example is the consistent increase in environmental friendliness classes for fuel; we all understand perfectly well that the CIS countries are differently prepared for them.
How often do such conflicts of interest arise?
Alexey Abramov: These are isolated cases. We have preserved similar technological structures; we all grew out of one big economy. In fact, Russia is the driving force in creating interstate standards. We are preparing a large number of such documents, and our colleagues are assessing their technical capabilities in the further application of such standards.
And what standards are now being most actively brought up to international standards in Russia?
Alexey Abramov: In the field of construction and electrical engineering, where our share of harmonized standards approaches 100 percent.
The level of harmonization is gradually increasing, as we update about 10 percent of the entire stock of standards annually. Now 50 percent of standards are already harmonized.
If we see that the European standard is objectively better and it definitely won’t harm us, we accept it and promote it to the CIS level. In my opinion, it is much more important how many standards pass from Russia to the international level.
Aren't we just adopting other people's standards?
Alexey Abramov: It’s interesting that even some of our powerful enterprises simply do not know that they can propose their own standard, prove that they should work according to these rules in many countries of the world.
We have already persuaded major oil and gas companies to participate in the work of the International Organization for Standardization (ISO) and the International Electrotechnical Commission. We are very grateful to them for this. It is easier for large export-oriented companies to understand the benefits of promoting their standards on international platforms.
We will work with a number of other companies to bring them into this arena. Although it would be better if we explain why standardization is needed and why we need to invest in promoting standards to the international level, not from the state, but from business colleagues.
Why is the participation of our experts in ISO so important?
Alexey Abramov: It is in international standards all the “salt” of further competition for the global market is laid down.
We currently determine the work of nine ISO technical committees and three International Electrotechnical Commission committees. There we run secretariats and manage technical work. And, of course, we are interested in expanding Russia’s influence in international organizations. But this cannot be done administratively. I can’t just assign employees from Rosstandart there. Specialists from companies who deeply know the technological process should work there.
But not all of our companies, even large ones, are yet ready to bear the costs of maintaining “Russian” committees in ISO. Here, in addition to the fact that it is generally difficult to “boost” a business, there is a lack of specialists and language barriers. Naturally, a person who has at least knowledge of English. And better yet, in French.
But China, for example, has been actively engaged in increasing its influence in the ISO. Chinese colleagues actively sponsor this activity - they support their experts who are ready to work in ISO. This allows international standardization to be used to expand the expansion of Chinese goods into global markets. And the new ISO president from next year will be a representative from China.
Business card
Alexey Vladimirovich Abramov, Head of the Federal Agency for Technical Regulation and Metrology
Worked in the apparatus of the government of the Russian Federation. Oversaw issues of technical regulation and standardization, development of the institution of intellectual property, and support for small businesses.
