Standardization methods. Standardization is the activity of establishing rules and characteristics for the purpose of their voluntary reuse

Lecture topic: Interpretive technique

Questions:

1. Concept, structure, reasons for interpretation.

2.Technique of interpretation of regulations.

Question No. 1.

Concept of interpretation

Terminological introduction to the problem

Interpretation is a typical activity of a lawyer, primarily in the Romano-Germanic legal system. Any legal or executive lawyer, doctrinal lawyer, legal practitioner, judge, lawyer, etc., must often be involved in the interpretation of legal rules and facts that determine their application.

First, let's understand the terms.

In everyday life, “to interpret” means to find the exact meaning of a phenomenon, to make clear and obvious what seems unclear, ambiguous or confusing, to establish and explain connections and relationships between facts.

The term “interpretation” comes from the words “interpretation”, “meaning”, “cognition”. The fact is that language (the terminological shell of thought) and meaning often do not coincide.

For example, when a lecturer first meets a student audience, he looks around at them and says: “Here sit the chicks that have flown from the nest called “school.” Of course, what has been said cannot be taken literally. Most likely, he means that there are people here:

1) young in age;

2) recently graduated from school;

3) without much life experience;

4) those who do not have professional knowledge.

Along with the term taken from the Russian language, denoting a mental operation to establish the meaning and content of some phenomenon, process, document, text, including legal, there are other terms:

- ≪interpretation≫ - clarification. The term comes from Latin. It is used not only in jurisprudence, but also in everyday language;

- "exegesis"- a term that was used in antiquity and the Middle Ages and meant the interpretation of prophecies and dreams. It was also used in Roman law. Currently this term is not used;

- “hermeneutics”- a term denoting the art of explanation, text analysis. It owes its origin to the god Hermes, who was the patron of eloquence, magic, herald and messenger of the gods. However, it was believed that he not only delivered the messages of the gods to people, but also interpreted them to make them understandable. The term “hermeneutics” is still used today. Moreover, some scientists propose to distinguish legal hermeneutics as a special part of the theory of state and law.

Scientific approaches to understanding interpretation

IN the study of interpretation, as often happens in science, reveals a pluralism of opinions.

Broadly interpreted is understood as a cognitive process aimed at explaining natural phenomena, social phenomena, including legal norms.

In a narrower sense, under interpretation(interpretation) is understood as an explanation of expressions, formulas, symbols, i.e. an explanation of the signs of a natural or artificial language. It is in this meaning that the term “interpretation” is most often used in jurisprudence.

However, behind the text of legal norms there is always their content. Therefore, the matter is not limited to deciphering texts. The interpreter also turns to understanding the meaning of legal phenomena behind the text of the rule of law, the will of the law-making subject.

Special part

For example, a home mortgage. Strictly terminologically, mortgage means issuing loans on preferential terms for housing construction. But not everyone can take out a loan for housing, but only those who have at least a small amount of income in the family and, moreover, make every effort to earn money and create suitable living conditions for themselves. What kind of income you need to have, for how long a preferential loan is issued, in what amount, etc. - all this concerns the legal phenomenon as a whole, and not just the term “housing mortgage”.

In legal science there is three approaches to understanding the interpretation.

The first is based on interpretation the letters of the law are static an approach. We are talking about interpretation, which is based on the text of the law itself. The interpreter is guided by the following rule: all law is contained in the written law; The lawyer's task is to extract it from there, following the will of the legislator. In other words, when interpreting, it is necessary to carefully, article-by-article, examine only the text of the law itself through logical analysis. It may be necessary to bring up works published at the time of preparation of the law, materials from parliamentary debates. That is, the fetishism of the law is visible here, which leads to the rule of dynamism.

Second approach involves interpretation based on the spirit of the law, it dynamic an approach. It obliges the interpreter to take into account social phenomena that appeared after the adoption of the law.

The interpreter’s motto in this case is: “The law is not a dogma, but a guide to action.” The goal of this sociological approach is to satisfy social needs. However, there are no fewer dangers here than in the first case, and the main one is the danger of turning onto the path of political analysis.

Third approach is comprehensive and it is based on simultaneous knowledge in the process of interpretation of both the letter and the spirit of the law. Here, taking into account social realities is not rejected, but still the interpreter must rely primarily on the laws and take into account the spirit of the law as a whole. It is this approach that is currently adopted in almost all countries of the Romano-Germanic family of law.

Interpretation is the activity of establishing the content of legal norms for their implementation.

Chapter 13. Interpretation as a type of legal work 371

Structure of interpretation

Interpretation- this is a complex intellectual-volitional process, which is a set of mental operations.

Their grouping allows us to identify the structure of interpretation. However, there is no consensus among scientists on the issue of the structure of interpretation. V.N. Kartashov systematized them and combined all points of view into three groups1.

Some authors believe that interpretation consists of mental operations aimed at clarification the meaning of legal norms. A similar point of view was and is currently held by many authors (S. I. Vilnyansky, B. V. Shchetinin, V. V. Suslov, etc.).

Other scientists (S. A. Golunsky, M. S. Strogovich, Yu. G. Tkachenko, etc.) understand interpretation only clarification content of legal norms. Otherwise, why do we need to understand the meaning of legal norms?

The third group of authors (S. S. Alekseev, V. O. Luchin, T. Ya. Khabrieva, B. P. Spasov, etc.) include in the structure of interpretation clarification (disclosure of the content of legal norms) and clarification of their meaning, i.e. . explanation of the will of the subjects of lawmaking expressed in the norms of law. Moreover, as S.S. Alekseev points out, the first part of the interpretation is mandatory, and the second is optional. However, in practice, most often both parts of the interpretation take place, since it is carried out, as a rule, not out of pure curiosity (although this is not excluded), but for the practical implementation of legal norms.

The latter point of view seems more convincing. Let us use it to characterize the structure of interpretation.

Interpretation-clarification

Understanding the meaning of legal norms is the main and mandatory part of interpretation. Interpretation-clarification acts as an internal thought process, therefore, as a rule, it does not have external forms of expression. This is what a judge does when making a decision in a case. Of course, the judge can voice the course of his reasoning (just not in the presence of other persons, if the interpretation takes place in the deliberation room), but this rarely happens.

1 See: Kartashov V. N. The theory of the legal system of society. P. 350.

372 Special part

Interpretation and clarification can be carried out purely for cognitive purposes, for example, by students studying at law schools. This is also what citizens do who want to acquire certain legal knowledge so as not to have conflicts with the law. Sometimes their interpretation is carried out when exercising the right (for example, when intending to enter a university or to work).

Clarification related:

With the establishment of the authenticity and reliability of the interpreted normative act;

Recreating the structure of the rule of law;

Analysis of the concepts of the rule of law;

Making judgments about the rule of law;

Evaluating a rule of law or making an inference.

It is always necessary for everyone to understand the norm before implementing it:

When using your rights;

Fulfilling your duties;

Compliance with prohibitions.

Interpretation-clarification always precedes clarification. For example, a citizen came to the judge with a complaint who had received a refusal from the local government to expand his housing due to the birth of a child in the family. He considers the refusal unfair, since the Constitution of the Russian Federation enshrines the norm according to which every citizen has the right to housing (Article 40).

The judge reasons:

The citizen is not considered to be low-income, therefore, does not have the right to receive housing under social rent;

What remains is the acquisition of housing on the terms of sale and purchase;

The incomes of the main contingent of our citizens today are small (the national average is about $500 per month). This citizen belongs specifically to this category of citizens;

Cost of 1 sq. m of housing reaches $3,500 (for example, in Moscow).

Conclusion: housing is practically inaccessible to citizens. The norm of the Constitution of the Russian Federation is declarative in nature.

Standardization is the activity of establishing norms, rules and characteristics for the purpose of their voluntary repeated use, aimed at achieving orderliness in the production and circulation of products and increasing the competitiveness of works, goods and services (Art.

2 Federal Law “On Technical Regulation”). Principles of standardization: 1)

voluntary application of standards; 2)

maximum consideration when developing standards of the legitimate interests of interested parties; 3)

international standards, which are the basis of national standards; 4)

inadmissibility of establishing standards that contradict 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)

quality of products, works and services in accordance with the level of development of science, technology and engineering; 4)

uniformity 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 emergency situations; 7)

defense capability and mobilization readiness of the country.

The requirements established by regulatory documents on standardization must be based on modern achievements of science, technology and technology, international standards, rules, norms and recommendations for standardization, progressive national standards of other states; take into account the conditions for using products, performing work and providing services, working conditions and regimes and must not violate the provisions established by acts of legislation of the Russian Federation.

Currently, the national standardization system includes the following elements: 1)

state (national) standards of the Russian Federation; 2)

applicable international standards; 3)

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 that have intersectoral significance and should not contradict the legislation of the Russian Federation. By 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 this concerns the protection of the life and health of citizens; 2)

protection of citizens' property; 3)

environmental protection; 4)

protection against 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, unity of methods for their control and unity of labeling, as well as other requirements established by the legislation of the Russian Federation, mandatory for compliance by government authorities and business entities.

Industry standards can be developed and adopted by government authorities within their competence in relation to products, works and services of industry importance.

These standards must not violate the mandatory requirements of government 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 mandatory compliance by other business entities if reference is made to these standards in the agreement for the development, production and supply of products, the performance of work and the provision of services.

Standards of public associations are developed and adopted by them for the dynamic dissemination and use of research and development results obtained in various sectors.

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

Control and supervision of compliance with the mandatory requirements of state standards and technical regulations before 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 accepts state standards and all-Russian classifiers of technical and economic information.

State control and supervision of compliance by business entities with the mandatory requirements of state standards is carried out at the stages: 1)

development, preparation of products for production; 2)

manufacturing of products; 3)

sales of products; 4)

use (operation) of products; 5)

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

Officials of business entities are obliged to create all the conditions necessary for the exercise of control and supervisory powers. The bodies exercising state control and supervision of compliance with mandatory requirements are the State Standard of Russia and other specially authorized state management 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)

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 okrugs, cities of Moscow and St. Petersburg for supervision of state standards; 3)

state inspectors for supervision of state standards.

State inspectors for supervision of state standards have the right: 1)

free access to the office and production premises of a business entity; 2)

receive from the business entity documents and information necessary for carrying out state control and supervision; 3)

use technical means and specialists of a business entity when conducting state control and supervision; 4)

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

Standardization is the activity of establishing norms, rules and requirements for goods and services in order to protect the interests of consumers and the state regarding the quality of products and services, ensuring their safety for human life and health, and the preservation of the environment.

The main provisions of the State Standardization System of the Russian Federation and its legal basis, established by the laws of the Russian Federation “On Standardization” and “On the Protection of Consumer Rights”, are mandatory for all enterprises, associations, concerns, inter-industry, regional and other associations, regardless of forms of ownership and subordination, and also citizens engaged in individual labor activities.

Standardization issues in the Russian Federation are dealt with by the Committee on Standardization, Metrology and Certification (Gosstandart of Russia), whose powers include organizing, coordinating and managing work on standardization, metrology and certification in the Russian Federation and representing its interests abroad.

The most important tasks of standardization are: ensuring mutual understanding between developers, manufacturers, sellers and consumers; establishing optimal requirements for product quality; as well as requirements for compatibility and replaceability of products and components of products and their unification.

One of the tasks of standardization is also the creation of a system of normative documentation, including documents such as standards, technical specifications, all-Russian classifiers, methodological recommendations, regulations, rules and other materials.

The following types of regulatory documentation are in force in the Russian Federation: interstate standards (GOST), state standards of the Russian Federation (GOST R), industry standards (OST), enterprise standards (STGT), technical specifications (TU).

Regulatory documentation also includes all-Russian classifiers of technical and economic information.

Interstate standards (GOST) are standards adopted by states that have signed the Agreement on the implementation of a coordinated policy in the field of standardization, metrology and certification and directly applied by them.

The current GOST standards and those newly introduced within the framework of the agreement must be applied on the territory of Russia without re-registration and without changing their designation.

Until now, pending the development and approval of new GOSTs, previously approved standards of the Soviet Union are also in full force on the territory of the Russian Federation.

State standards of the Russian Federation (GOST R) are a new type of national standard approved by the State Standard of Russia and valid throughout the Russian Federation.

GOSTs and GOST R include:

mandatory requirements for product quality, ensuring its safety for human life and health, as well as the environment;

basic consumer properties of products, requirements for their packaging, labeling, transportation, storage and disposal;

mandatory safety and industrial sanitation requirements;

mandatory methods of product quality control to ensure the safety and environmental friendliness of goods, as well as to assess the level of their quality;

requirements for compatibility and interchangeability of products; requirements ensuring product quality during its development, production and operation;

rules for the preparation of technical documentation, terminology, definitions and designations of concepts, metrological and other general technical norms and rules.

Industry standards - (OST) - are usually developed and approved by industry ministries (departments) of the Russian Federation in the absence of GOSTs for standardization objects or when it is necessary to establish requirements that exceed the requirements of GOST or GOST R.

Industry standards in Russia must be applied mandatory by enterprises that are part of the system of a given ministry or department, and on a voluntary basis by enterprises of other departmental affiliations, as well as entrepreneurs and enterprises of various forms of ownership. The requirements of OSTs must not contradict the mandatory requirements of GOST R.

The standards of scientific, technical and engineering societies (STO), which are a new type of regulatory documentation for Russia, are developed and approved by these societies.

As a rule, standards of this type are developed on the basis of the latest achievements of applied and fundamental sciences. It should be noted that these types of standards are quite widespread abroad. For example, the standards for testing methods created back in 1898 by the American Society for Testing and Materials (ASTM) are known and widely used throughout the world.

Enterprise standards (STP) are standards for products created or used by a given enterprise. Such standards can be applied at other enterprises if there is permission from the enterprise that approved these standards. STP should not contradict the mandatory requirements of GOSTs and OSTs.

Along with standards, the Russian Federation has another type of regulatory documentation - technical specifications. Technical specifications (TS) are a regulatory document for a specific product, approved by the developer, usually in agreement with the customer or consumer.

Unlike GOSTs, technical specifications establish their requirements for a narrow group of products (model, brand, type). Technical specifications are most common for the standardization of consumer goods, primarily those produced in small series, newly mastered by industry, or products of a frequently changing assortment.

The technical conditions are approved by the enterprise that developed these conditions.

They are used by enterprises on the territory of the Russian Federation, regardless of their form of ownership and subordination.

Depending on the object of standardization, purpose and content, standards are divided into: fundamental standards; standards for products and services; process standards; standards for test methods.

Fundamental standards are normative documents establishing general organizational and methodological provisions on the procedure for standardization in a certain area, as well as regulating general technical provisions relating to terminology, product labeling, construction, presentation, content and design of various documentation, etc.

Product standards regulate the requirements for groups of homogeneous products (standard of general technical conditions) and for a specific type of product (standard of technical conditions). Standards of this type include issues of product classification, its main dimensions and parameters, general technical requirements, rules for acceptance, labeling, packaging, transportation and storage.

Standards of the type “General technical requirements” for a group of homogeneous products can have a fairly narrow focus, for example, standards on the rules of labeling, packaging, storage of a group of homogeneous products, etc.

Process standards establish requirements for the implementation of technological processes for the design and creation of products, as well as at the stage of its entire further life cycle, including operation, storage, transportation and repair.

Standards for testing (monitoring) methods, which establish the procedure for carrying out work to control product quality at all stages of the life cycle, regulate the sampling procedure, their preparation for testing, testing with a description of the equipment used, as well as the procedure for processing the results obtained.

Standards for testing methods can be narrow or broad, with the first of them regulating the procedure for testing according to one quality indicator, and the second - according to a set of quality indicators.

Meeting the demands placed on him. This type of identification is used to determine whether a product matches its name.

When carrying out qualitative identification, the compliance of the goods submitted for certification with the quality requirements stipulated by the regulatory documentation is established. This type of identification establishes quality gradations: standard or non-standard products, compliance of the commercial grade with the grade indicated on the label and in accompanying documents, etc.

In the course of product batch identification, it is established that the presented sample of goods (sample) belongs to a specific product batch.

Product identification means include product labeling; regulatory documents (GOSTs, technical conditions, etc.) regulating quality indicators; technical documents, including shipping documents (invoices, certificates, quality certificates, etc.), as well as documented test results of samples of the certified product.

The results of organoleptic, chemical, physico-chemical and other indicators characterizing the composition and properties of goods are used as identification criteria. Identification criteria must be objective and independent of the subjective parameters inherent in the tester (his competence, professionalism, interest, etc.), as well as the conditions and methods of testing.

One of the most important requirements for the criteria adopted for identification is verifiability. This means that during repeated control tests, regardless of the subjects, methods and conditions of product identification, the same results will be obtained (within the limits of experimental error).

From this point of view, among the indicated means of identification, some means cannot act as an independent criterion, although they can perform an identification function. Such means, which are not completely reliable, include, for example, labeling. The marking only indicates the name, size, grade, composition and other properties of the product, but, unfortunately, is not a guarantee of the authenticity of the product and its parameters indicated in the marking. Moreover, the marking itself is quite often the object of falsification. There are frequent cases of using foreign labels for domestic, often handicraft, goods.

Due to the fact that many criteria in some cases do not meet the requirements of verifiability and objectivity, it is necessary to apply a set of complementary criteria that make it possible to give the identification of goods the character of a comprehensive assessment.

In the practice of carrying out work on product certification, a number of schemes are used that provide for the certification of individual batches of goods, certification of homogeneous products supplied under a contract (agreement), as well as certification of product production.

The choice of certification scheme is carried out jointly by the applicant and the Certification Body (CB).

The main criterion for choosing a scheme is to ensure evidence of certification while minimizing the economic and time costs of its implementation.

Along with the Laws of the Russian Federation and Resolutions of the Government of the Russian Federation regulating the procedure for certification of products, the Gosstandart of the Russian Federation has developed and adopted rules for certification of homogeneous groups of products for compliance with safety requirements, which develop and specify the main provisions of these regulations in terms of indicating certification schemes, a list of indicators, subject to confirmation during mandatory certification, product identification indicators, regulatory and technical documents necessary for issuing certificates under certain schemes, suspension or cancellation of certificates.

When issuing certificates of conformity for products supplied under long-term contracts or agreements, as well as when certifying production, systematic planned inspection control of certified products or the state of their production is provided, carried out by the Certification Body that issued the certificate of conformity. Such control can be carried out with the involvement of territorial bodies of the State Standard of Russia, trade inspectorates and consumer societies, or using information received from these organizations when they perform their control functions.

Certification of imported and domestic products in the Russian Federation is carried out according to the same rules. Confirmation of the safety and quality of goods imported into Russia is carried out exclusively through the full procedure of the certification process, with mandatory testing of products in laboratories accredited by the State Standard of the Russian Federation and the issuance of Russian certificates of conformity by authorized certification bodies.

Improving the quality and competitiveness of products is the main task of domestic enterprises in the conditions of developing market relations.

A tool to ensure improved product quality and protection of consumer rights to purchase safe goods is product standardization and certification.

The Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation” uses the following basic concepts:

standard - a document in which, for the purpose of voluntary repeated use, product characteristics, implementation rules and characteristics are established

processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services. The standard may also contain requirements for terminology, symbols, packaging, markings or labels and rules for their application;

standardization is the activity of establishing rules and characteristics for the purpose of their voluntary repeated use, aimed at achieving order in the areas of production and circulation of products and increasing the competitiveness of products, works or services.

The state standardization system operating in our country is enshrined in GOST R 1.0-04. It represents a set of state standards that ensure maximum efficiency and effectiveness of standardization. According to the state standardization system, regulatory and technical documents are divided into the following categories:

International standards;

National standards;

State standards - GOSTs;

Industry standards - OSTs;

Republican standards - RCTs;

Technical descriptions;

Technical conditions - TU.

Goals of standardization. Standardization is carried out for the purposes of:

Increasing the level of safety of life or health of citizens, property of individuals or legal entities, state or municipal property, environmental safety, safety of life or health of animals and plants and facilitating compliance with the requirements of technical regulations;

Increasing the level of safety of facilities, taking into account the risk of emergencies of a natural and man-made nature;

Ensuring scientific and technological progress;

Increasing the competitiveness of products, works, services;

Rational use of resources;

Technical and information compatibility;

Comparability of research (test) and measurement results, technical and economic-statistical data;

Product interchangeability.

Principles of standardization. Standardization is carried out in accordance with the principles:

Voluntary application of standards;

Maximum consideration of the legitimate interests of stakeholders when developing standards;

Application of an international standard as the basis for the development of a national standard, except in cases where such application is recognized as impossible due to the inconsistency of the requirements of international standards with the climatic and geographical features of the Russian Federation, technical and (or) technological features or for other reasons, or the Russian Federation, in accordance with established procedures, acted against the adoption of an international standard or its individual provisions;

It is inadmissible to create obstacles to the production and circulation of products, the performance of work and the provision of services to a greater extent than is minimally necessary to achieve the goals specified in Art. 11 of this Federal Law;

It is inadmissible to establish standards that contradict technical regulations;

Providing conditions for uniform application of standards.

Documents in the field of standardization. Documents in the field of standardization used on the territory of the Russian Federation include:

National standards;

Classifications applied in the prescribed manner, all-Russian classifiers of technical, economic and social information;

Organization standards.

Functions of the national body of the Russian Federation for standardization, technical committees for standardization. National body of the Russian Federation for standardization (hereinafter referred to as the national body for standardization):

Approves national standards;

Adopts a program for the development of national standards;

Organizes the examination of draft national standards;

Ensures compliance of the national standardization system with the interests of the national economy, the state of the material and technical base and scientific and technological progress;

Takes into account national standards, standardization rules, norms and recommendations in this area and ensures their availability to interested parties;

Creates technical committees for standardization and coordinates their activities;

Participates in accordance with the charters of international organizations in the development of international standards and ensures that the interests of the Russian Federation are taken into account when adopting them;

Approves the image of the sign of compliance with national standards;

Represents the Russian Federation in international organizations operating in the field of standardization.

The Government of the Russian Federation determines the body authorized to perform the functions of the national standardization body.

For the purposes of this article, the publication of a national standard by a national standardization body means the publication of a national standard in Russian in a printed publication and in a public information system in electronic digital form.

Representatives of federal executive authorities, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers may be included in technical committees for standardization on an equal basis and on a voluntary basis.

The procedure for the creation and activities of technical committees for standardization is approved by the national standardization body. Meetings of technical committees for standardization are open.

National standards, all-Russian classifiers of technical, economic and social information. National standards and all-Russian classifiers of technical, economic and social information, including the rules for their development and application, constitute a national standardization system.

National standards are developed in the manner established by this Federal Law. National standards are approved by the national standardization body in accordance with the standardization rules, norms and recommendations in this area.

The national standard is applied on a voluntary basis equally and equally regardless of the country and (or) place of origin of products, implementation of production processes, operation, storage, transportation, sales and disposal, performance of work and provision of services, types or features of transactions and (or ) persons who are manufacturers, performers, sellers, purchasers.

The application of the national standard is confirmed by the mark of conformity with the national standard.

All-Russian classifiers of technical, economic and social information (hereinafter referred to as all-Russian classes)

sifiers) - regulatory documents that distribute technical, economic and social information in accordance with its classification (classes, groups, types, etc.) and are mandatory for use in the creation of state information systems and information resources and interdepartmental information exchange.

The procedure for the development, adoption, implementation, maintenance and application of all-Russian classifiers in the socio-economic field (including in the field of forecasting, statistical accounting, banking, taxation, interdepartmental information exchange, creation of information systems and information resources) is established by the Government of the Russian Federation .

Rules for the development and approval of national standards. The national standardization body develops and approves a program for the development of national standards and must ensure that it is available to interested parties for review.

The developer of a national standard can be any person.

Notification of the development of a national standard is sent to the national standardization body and published in the public information system in electronic digital form and in the printed publication of the federal executive body for technical regulation. It should contain information about the provisions in the draft national standard that differ from the provisions of the corresponding international standards.

The developer of a national standard is obliged, at the request of an interested person, to provide him with a copy of the draft of this standard. The fee charged by the developer for providing said copy cannot exceed the cost of its production. If the developer is a federal executive body, the fee for providing a copy of the project is paid to the federal budget.

The developer finalizes the draft national standard taking into account the comments received in writing from interested parties, conducts a public discussion of the draft and compiles a list of comments received in writing from interested parties with a summary of the content of these comments and the results of their discussion.

He is obliged to retain the comments received in writing until the national standard is approved and to submit them to the national standardization body and technical committees for standardization upon their requests.

The period for public discussion of a draft national standard from the date of publication of the notice of its development to the day of publication of the notice of completion of the public discussion cannot be less than two months.

Notification of the completion of public discussion of the draft national standard must be published in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form.

From the date of publication of the notice of completion of the public discussion of the draft national standard, the revised draft and the list of comments received in writing from interested parties must be available to interested parties for review.

The procedure for publishing a notice on the development of a draft national standard and a notice on the completion of public discussion of a draft national standard and the amount of payment for their publication are established by the Government of the Russian Federation.

The draft national standard, along with a list of comments received in writing from interested parties, is submitted by the developer to the technical committee for standardization, which organizes the examination of this draft.

The national standardization body, on the basis of documents submitted by the technical committee for standardization, makes a decision on approval or rejection of the national standard.

Notification of the approval of a national standard is subject to publication in the printed publication of the federal executive body for technical regulation and in a public information system in electronic digital form within thirty days from the date of approval of the national standard.

If the national standard is rejected, a reasoned decision of the national standardization body is sent to the developer of the draft national standard.

The national standardization body approves and publishes in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form a list of national standards that can be applied on a voluntary basis to comply with the requirements of technical regulations.

Organization standards. Standards of organizations, including commercial, public, scientific, self-regulatory, associations of legal entities can be developed and approved by them independently based on the need to apply these standards for the purposes specified in Art. 11 of the Federal Law “On Technical Regulation”, to improve production and ensure product quality, perform work, provide services, as well as to disseminate and use the results of research (tests), measurements and developments obtained in various fields.

The procedure for developing, approving, recording, amending and canceling standards of organizations is established by them independently, taking into account the provisions of Art. 12 of the Law "On Technical Regulation".

A draft standard of an organization can be submitted by the developer to the technical committee for standardization, which organizes the examination of this project. On

Based on the results of the examination, the technical committee for standardization prepares a conclusion, which is sent to the developer of the draft standard.

Organization standards are applied equally and equally regardless of the country and (or) place of origin of products, implementation of production processes, operation, storage, transportation, sales and disposal, performance of work and provision of services, types or characteristics of transactions and (or) persons, who are manufacturers, performers, sellers, purchasers.

Standards, like other regulatory technical documents, cannot remain unchanged for a long time - they become outdated.

Currently, Russian industry has a product quality assessment system that is internationally recognized.

The integration of the Russian economy into the economies of European countries and Russia's entry into the World Trade Organization require a number of practical measures, including ensuring technical and information compatibility. Product quality assessment should be based on uniformity of measurements using internationally recognized methods.

The concept of standardization provides for a high rate of harmonization of domestic standards with international ones, as this will make it possible to promote domestic goods on the world market and effectively protect our own market from low-quality products.

In accordance with the standardization plan, the Central Scientific Research Institute of the Garment Industry analyzed a number of international standards and developed drafts of eleven Russian standards harmonized with international ones. Let's look at some of them.

For mutual trade with different countries in clothing, knitwear and fur products, it is advisable to establish and use uniform methods for determining

study of the dimensional characteristics of the human body. A unified methodology for measuring the human body when determining the size of products is necessary so that the consumer can correctly select clothing in accordance with individual measurements, depending on the cut and style of clothing. This will be facilitated by the developed standard GOST R ISO 3635-99 "Sewing products. Dimensions. Measurement requirements", the text of which is identical to the international standard.

Currently, the possibilities for choosing methods and parameters for caring for a product during its operation have been significantly expanded. Labeling products with international care symbols is a necessary condition for selling products on the world market. The Institute has developed a draft GOST R ISO 3758-99 "Textile products. Labeling with care symbols", the text of which is similar to the international standard. The standard contains international product care symbols that characterize the processes of washing, bleaching, ironing, dry cleaning and drying. The standard provides symbols that characterize normal processing, soft (moderate) and very soft washing and cleaning; a wide range of washing temperatures and various parameters of drying conditions are given. In ensuring the reliability of clothing during operation, the strength (breaking load) of the seams is important. The breaking load of seams is a mandatory indicator that is checked during the certification of special clothing in Russia and abroad. In international practice, two testing methods are used to determine the breaking load of seams: “strip” and “grab”. The values ​​of the breaking load of the seams obtained when testing by these methods are different. Therefore, test results must always be accompanied by information about the test method used. The Institute has prepared drafts of two standards for seam testing methods:

GOST R ISO 13935-99 "Sewing products. Method for determining the maximum breaking load of a seam when stretching a strip" ("strip" method). The standard regulates the procedure for determining the maximum breaking load of seams when a tensile force is applied perpendicular to the seam. Elementary test samples are cut from the product or specially made. The type of seam, the number of stitches per unit length, the type of thread, and the type of sewing machine are set in accordance with the presented product. An elementary test sample is cut out in the form of a strip 50 mm wide and 300 mm long. Tests are carried out on a tensile testing machine with a constant lowering speed of the lower clamp, clamping length (distance between clamps) - 200 ± 1 mm;

GOST R ISO 13935-99 "Sewing products. Determination of the maximum breaking load of a seam using the sample grip method" regulates the testing of seams using the "grab" method. The essence of the method is that the clamps of the tensile testing machine grasp the central part of the sample with the seam and subject it to tension until the seam breaks. To test seams using the sample “grabbing” method, tensile testing machines with a constant tensile speed using special clamps are used.

GOST R 532-99 "System of occupational safety standards. Special clothing for protection from heat and fire. Test method for limited spread of flame" applies to special clothing intended for protection from elevated temperatures, and materials for its manufacture. The standard specifies a method for testing materials under restricted flame propagation on vertically oriented specimens under strictly controlled conditions.

In the Law on Technical Regulation, certification is understood as a form of confirmation by a certification body of compliance of objects with the requirements of technical regulations, provisions of standards or terms of contracts; under the certificate of conformity - a document certifying the object’s compliance with the requirements

technical regulations, provisions of standards or terms of contracts.

Purposes of certification (conformity confirmation). Confirmation of conformity is carried out for the purposes of:

Certificates of compliance of products, production processes, operation, storage, transportation, sales and disposal, works, services or other objects with technical regulations, standards, terms of contracts;

Assisting purchasers in the competent selection of products, works, and services;

Increasing the competitiveness of products, works, services in the Russian and international markets;

Creating conditions to ensure the free movement of goods across the territory of the Russian Federation, as well as for the implementation of international economic, scientific and technical cooperation and international trade.

Principles of conformity assessment. Confirmation of conformity is carried out based on the principles:

Availability of information on the procedure for confirming compliance to interested parties;

It is inadmissible to apply mandatory confirmation of conformity to objects for which the requirements of technical regulations are not established;

Establishing a list of forms and schemes for mandatory confirmation of conformity in relation to certain types of products in the relevant technical regulations;

Reducing the time frame for mandatory confirmation of compliance and the costs of the applicant;

Inadmissibility of coercion to carry out voluntary confirmation of conformity, including in a certain system of voluntary certification;

Protection of the property interests of applicants, compliance with trade secrets in relation to information obtained during the confirmation of compliance;

It is inadmissible to replace mandatory confirmation of conformity with voluntary certification.

Confirmation of conformity is developed and applied equally and equally regardless of the country and (or) place of origin of products, implementation of production processes, operation, storage, transportation, sale and disposal, performance of work and provision of services, types or features of transactions and (or) persons who are manufacturers, performers, sellers, purchasers.

Compliance confirmation forms. Confirmation of compliance on the territory of the Russian Federation can be voluntary or mandatory. Voluntary confirmation of conformity is carried out in the form of voluntary certification.

Mandatory confirmation of compliance is carried out in the following forms:

Mandatory certification.

The procedure for applying forms of mandatory confirmation of compliance is established by this Law.

Voluntary confirmation of compliance. Voluntary confirmation of conformity is carried out at the initiative of the applicant under the terms of an agreement between the applicant and the certification body. It can be carried out to establish compliance with national standards, organizational standards, voluntary certification systems, and contract terms.

The objects of voluntary confirmation of conformity are products, processes of production, operation, storage, transportation, sale and disposal, work and services, as well as other objects for which standards, voluntary certification systems and contracts establish requirements.

Functions of the certification body:

Confirm the conformity of objects of voluntary confirmation of conformity;

Issue certificates of conformity for objects that have passed voluntary certification;

Grant applicants the right to use the mark of conformity if the use of the mark of conformity is provided for by the relevant voluntary certification system;

Suspend or terminate the validity of certificates of conformity issued to them.

A voluntary certification system can be created by a legal entity and (or) individual entrepreneur or several legal entities and (or) individual entrepreneurs.

The person or persons who created the voluntary certification system establish a list of objects subject to certification and their characteristics for compliance with which voluntary certification is carried out, the rules for performing the work provided for by this voluntary certification system and the procedure for their payment, determine the participants of this voluntary certification system. The voluntary certification system may provide for the use of a conformity mark.

The voluntary certification system can be registered by the federal executive body for technical regulation.

To register a voluntary certification system, the following must be submitted to the federal executive body for technical regulation:

Certificate of state registration of a legal entity and (or) individual entrepreneur;

Rules for the functioning of the voluntary certification system, which provide for the provisions of paragraph 2 of Art. 21 of the Law "On Technical Regulation";

Image of the mark of conformity used in this voluntary certification system, if the use of the mark of conformity is provided, and the procedure for applying the mark of conformity;

Document confirming payment for registration of the voluntary certification system.

Registration of a voluntary certification system is carried out within five days from the date of submission of the documents provided for in this paragraph for registration of a voluntary certification system to the federal executive body for technical regulation. The procedure for registering a voluntary certification system and the amount of registration fees are established by the Government of the Russian Federation. The fee for registering a voluntary certification system is subject to credit to the federal budget.

Refusal to register a voluntary certification system is permitted only in case of failure to provide the documents provided for in paragraph 3 of Art. 21 of the Law “On Technical Regulation”, or the coincidence of the name of the system and (or) the image of the mark of conformity with the name of the system and (or) the image of the mark of conformity of a previously registered voluntary certification system. A notice of refusal to register a voluntary certification system is sent to the applicant within three days from the date of the decision to refuse registration of this system, indicating the grounds for refusal.

Refusal to register a voluntary certification system may be appealed in court.

The federal executive body for technical regulation maintains a unified register of registered voluntary certification systems, containing information about legal entities and (or) individual entrepreneurs who have created voluntary certification systems, about the rules for the functioning of voluntary certification systems, marks of conformity and the procedure for their application. It must ensure the availability of information contained in the unified register of registered voluntary certification systems to interested parties.

The procedure for maintaining a unified register of registered voluntary certification systems and the procedure for providing information contained in this register are established by the federal executive body for technical regulation.

Marks of conformity. Certification objects certified in the voluntary certification system may be marked with the mark of conformity of the voluntary certification system. The procedure for applying such a mark of conformity is established by the rules of the relevant voluntary certification system.

The application of the mark of conformity to the national standard is carried out by the applicant on a voluntary basis in any way convenient for the applicant in the manner established by the national standardization body.

Objects whose compliance has not been confirmed in the manner prescribed by this Law cannot be marked with a conformity mark.

Mandatory confirmation of compliance. Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulations, and solely for compliance with the requirements of the technical regulations.

Only products put into circulation on the territory of the Russian Federation can be the object of mandatory confirmation of conformity.

The form and schemes for mandatory confirmation of conformity can only be established by technical regulations, taking into account the degree of risk of failure to achieve the goals of technical regulations.

The Declaration of Conformity and the Certificate of Conformity have equal legal force regardless of the mandatory confirmation of conformity schemes and are valid throughout the Russian Federation.

Work on mandatory confirmation of compliance is subject to payment by the applicant.

The Government of the Russian Federation establishes a methodology for determining the cost of work based on mandatory confirmation of compliance

statement, which provides for the application of uniform rules and principles for setting prices for products of the same or similar types, regardless of the country and (or) place of its origin, as well as persons who are applicants.

Declaration of conformity. Declaration of conformity is carried out according to one of the following schemes:

Acceptance of a declaration of conformity based on own evidence;

Acceptance of a declaration of conformity on the basis of one’s own evidence, evidence obtained with the participation of a certification body and (or) an accredited testing laboratory (center) (hereinafter referred to as a third party).

When declaring conformity, the applicant may be a legal entity registered in accordance with the legislation of the Russian Federation on its territory or an individual as an individual entrepreneur, either a manufacturer or seller, or performing the functions of a foreign manufacturer on the basis of an agreement with him in terms of ensuring compliance of supplied products with the requirements of technical regulations and in terms of liability for non-compliance of supplied products with the requirements of technical regulations (a person performing the functions of a foreign manufacturer).

The range of applicants is established by the relevant technical regulations.

A scheme for declaring conformity with the participation of a third party is established in the technical regulations in the event that the absence of a third party leads to failure to achieve the goals of confirming conformity.

When declaring conformity on the basis of its own evidence, the applicant independently generates evidentiary materials in order to confirm product compliance with the requirements of technical regulations. Technical documentation, the results of our own research (tests) and measurements and (or) other documents according to

serving as a reasoned basis for confirming product compliance with the requirements of technical regulations. The composition of evidentiary materials is determined by the relevant technical regulations.

When declaring conformity on the basis of its own evidence and evidence obtained with the participation of a third party, the applicant, at his choice, in addition to his own evidence, includes in the evidentiary materials protocols of studies (tests) and measurements carried out in an accredited testing laboratory (center), and also provides a quality system certificate, in respect of which control (supervision) of the certification body that issued this certificate is provided for over the object of certification.

A quality system certificate can be used as part of evidence when accepting a declaration of conformity for any product, except if for such products the technical regulations provide for another form of confirmation of conformity.

The declaration of conformity is drawn up in Russian and must contain:

Manufacturer's name and location;

Information about the object of conformity assessment, allowing to identify this object;

Name of the technical regulation for compliance with the requirements of which the product is confirmed;

Indication of the conformity declaration scheme;

Statement by the applicant on the safety of the product when used in accordance with its intended purpose and the applicant takes measures to ensure compliance of the product with the requirements of technical regulations;

Information about the studies (tests) and measurements carried out, the quality system certificate, as well as documents that served as the basis for confirming product compliance with the requirements of technical regulations;

Validity period of the declaration of conformity;

Other information provided for by the relevant technical regulations.

The validity period of the declaration of conformity is determined by the technical regulations.

The form of the declaration of conformity is approved by the federal executive body for technical regulation. A declaration of conformity drawn up in accordance with the established rules is subject to registration by the federal executive body for technical regulation within three days. To register a declaration of conformity, the applicant submits a declaration of conformity to the federal executive body for technical regulation.

The procedure for maintaining the register of declarations of conformity, the procedure for providing information contained in the specified register and the procedure for payment for the provision of information contained in the specified register are determined by the Government of the Russian Federation.

The declaration of conformity and the documents constituting evidentiary materials are kept by the applicant for three years from the date of expiration of the declaration. The second copy of the declaration of conformity is stored in the federal executive body for technical regulation.

Mandatory certification. Mandatory certification is carried out by the certification body on the basis of an agreement with the applicant. Certification schemes used to certify certain types of products are established by the relevant technical regulations.

Product compliance with the requirements of technical regulations is confirmed by a certificate of conformity issued to the applicant by the certification body.

The certificate of conformity includes:

Name and location of the applicant;

Name and location of the manufacturer of the certified products;

Name and location of the certification body that issued the certificate of conformity;

Information about the certification object, allowing to identify this object;

Name of the technical regulation for compliance with the requirements of which certification was carried out;

Information about the studies (tests) and measurements carried out;

Information about the documents submitted by the applicant to the certification body as evidence of product compliance with the requirements of technical regulations;

Validity period of the certificate of conformity.

The validity period of the certificate of conformity is determined by the relevant technical regulations. The form of the certificate of conformity is approved by the federal executive body for technical regulation.

In accordance with the Rules for Certification of Textile and Light Industry Products in fabrics for bed and underwear, the following characteristics are confirmed during certification:

Resistance to abrasion along the plane;

Compliance with the percentage composition of raw materials indicated on the labeling;

Color fastness to washing, sweat, ironing and friction;

For outer knitted products, certification must confirm the following indicators:

Change in linear dimensions after wet treatments;

Mass fraction of various types of raw materials (for children's assortment);

Air permeability (for children's range);

Hygroscopicity (for children's range);

Minimum permissible seam elongation;

Compliance of the product with the linear dimensions and percentage of raw materials indicated on the label.

In coats and suits, the indicators confirmed during certification are:

Mass fraction of chemical fibers (for children's assortment);

Hygroscopicity of the product lining (for children's assortment);

Resistance of the pile surface to abrasion of fabrics for the top and lining;

Color fastness to light, washing, distilled water, ironing, organic solvents, friction;

Change in linear dimensions after wet treatments;

Water resistance (for raincoat and jacket fabrics);

Compliance of the product in terms of linear dimensions, raw material content, and care methods indicated on the label.

Organization of mandatory certification. Mandatory certification is carried out by a certification body accredited in the manner established by the Government of the Russian Federation.

Certification body:

Engages, on a contractual basis, testing laboratories (centers) accredited in the manner established by the Government of the Russian Federation (hereinafter referred to as accredited testing laboratories (centers)) to conduct research (tests) and measurements;

Exercises control over certification objects, if such control is provided for by the relevant mandatory certification scheme and agreement;

Maintains a register of certificates of conformity issued by it;

Informs the relevant state control (supervision) bodies for compliance with the requirements of technical regulations about products that have been submitted for certification, but have not passed it;

Suspends or terminates the certificate of conformity issued by him;

Ensures that applicants are provided with information on the procedure for mandatory certification;

Establishes the cost of certification work based on the methodology for determining the cost of such work approved by the Government of the Russian Federation.

The federal executive body for technical regulation maintains a unified register of issued certificates of conformity.

The procedure for maintaining a unified register of issued certificates of conformity, the procedure for providing information contained in the unified register and the procedure for payment for providing information contained in the specified register are established by the Government of the Russian Federation.

The procedure for transferring information about issued certificates of conformity to the unified register of issued certificates is established by the federal executive body for technical regulation.

Research (tests) and measurements of products during mandatory certification are carried out by accredited testing laboratories (centers), which conduct research (tests) and measurements of products within their scope of accreditation under the terms of agreements with certification bodies. Certification bodies do not have the right to provide accredited testing laboratories (centers) with information about the applicant.

An accredited testing laboratory (center) formalizes the results of research (tests) and measurements with the appropriate protocols, on the basis of which the certification body makes a decision to issue or refuse to issue a certificate of conformity. This laboratory (center) is obliged to ensure the reliability of the results of research (tests) and measurements.

Certification of sewing products is based on determining the compliance of standard products identified with serial products with the requirements of regulatory documents.

Currently, the range of certified products is changing, as well as the ratio of domestic and foreign products. The experience of the Research Center "Clothing" in recent years has shown the following:

Product certification has helped to significantly “cleanse” the Russian market of low-quality products;

Certification is a tool that guides the actions of product manufacturers in accordance with the requirements of state standards and helps improve quality;

A product certificate is not a complete confirmation of its compliance with all requirements;

It is necessary to improve certification work to ensure the competitiveness of Russian products in the domestic and foreign markets.

The most significant for consumers (buyers) of clothing are the following properties of materials:

Raw material composition, on which the comfort of clothing depends;

Structure, color, pattern, finishing - depending on the fashion direction;

Performance properties and durability - depending on the type and purpose of the product;

Product price.

The significance of a particular factor can only be determined by the consumer of the product.

When revising standards, it is advisable to take into account the European experience of standardization and certification in providing consumers with high quality products.

Currently, certification of quality systems in accordance with the requirements of the ISO 9000 series of standards, developed by the International Organization for Standardization (ISO) and which is the regulatory framework for certification of quality systems, is being widely implemented throughout the world. Mutual recognition programs for 9000 series certificates are being developed and are in operation. Certification schemes based on ISO 9000 series standards are acceptable for large firms and small businesses; they provide for certification of quality systems depending on the production cycle of the enterprise. Listed below are some Russian standards based on the ISO 9000 series of standards.

The main goal of quality system certification is to ensure constant, stable production of high-quality products. The positive effect of quality system certification will be significant if:

All employees (from the director to every worker) are prepared to work in a functioning quality system and want to produce high-quality products;

The organization of production and the functioning of processes will be carried out in accordance with the technological regulations established at the enterprise at all stages of production and with quality system documents.

Industrial sewing enterprises that have an established and operational integrated product quality management system have the opportunity to prepare for certification of production for compliance with the requirements of GOST R ISO 9002-96. Work in this direction is already being carried out at individual sewing enterprises.

The Russian certification system allows for the possibility of a statement of product compliance with the requirements of the NTD, which is declared by the manufacturer or seller under his full responsibility. In industrialized countries, the application for certification is practically not used.

There are two forms of certification - mandatory and voluntary. Mandatory certification means confirmation by an authorized body of compliance of goods with mandatory requirements. Mandatory requirements include safety for the consumer and the environment, as well as compatibility and interchangeability. In accordance with the Commodity Nomenclature of Foreign Economic Activity, approved by the Decree of the Government of the Russian Federation

dated April 29, 2002, the following textile and light industry goods are subject to mandatory certification: cotton, linen, silk and wool fabrics; non-woven materials such as fabrics, non-woven fabrics; piece textiles; outerwear; costume items, dresses and blouses, underwear and shirts; underwear and outerwear; hosiery, glove and scarf products; hats; knitted fabrics; faux knitted fur.

In case of detection of non-compliance of products with the requirements of technical regulations, the manufacturer (performer, seller, person performing the functions of a foreign manufacturer), who became 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 receipt of 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.

Manufacturer (seller, person performing the functions of a foreign manufacturer) in case of receiving information about product non-compliance with requirements

technical regulations is obliged to verify its accuracy within ten days from the date of receipt of information. 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.

For the entire period of action of the program of measures to prevent harm, the manufacturer (seller, person performing the functions of a foreign manufacturer) at his own expense is obliged to provide purchasers with the opportunity to obtain prompt information about the necessary actions.

It should first of all be noted that the issue of identifying gaps in the law is of great importance for observing the principle of legality and ensuring the right direction in terms of improving the system of legal regulation.

However, it is necessary to make a reservation that the establishment of gaps is always creative in nature, regardless of the subject of its establishment (legislator, judge, jurists, etc.), and therefore this activity requires special attention and control.

The subjects of identifying gaps in the law when carrying out activities to identify the corresponding gaps resolve a number of issues:

firstly, the nature of the need for legal regulation, i.e. it is necessary to establish whether this need for legal regulation of a specific situation is imaginary;

secondly, it is necessary to establish the reality of the need for legal regulation, that is, to determine the socio-economic conditions of life that provide the corresponding need for legal regulation;

thirdly, it is necessary to establish the complete absence of norms that in one way or another regulate this particular social relationship;

fourthly, it is necessary to establish the nature of the gap, that is, to understand whether this gap in the law is the result of the negative will of the subject of lawmaking to regulate this situation.

The effectiveness of the resulting legal act, which, as is known, is the only way to eliminate gaps in the law, as well as the practical implementation of this act, depends on how fully and correctly the above issues are analyzed.

Objectively, identifying gaps in the law begins with the fact that the law enforcement agency finds it difficult to resolve a specific case due to the lack of an appropriate legal norm (legal instrument) that would allow answering all the questions that are important for resolving the case. Moreover, such a situation should not have an incidental (single) character.
ter, but must be of a multiple nature, and it is not necessary that the same body or official be faced with the difficulty of resolving a case of this kind - the subjects can be completely different. Here, law enforcement practice, including judicial practice, is important, as well as activities to systematize legislation, during which gaps in the law can also be discovered. Eliminating the relevant gaps in the law presupposes a preliminary comprehensive study and generalization, as a result of which these gaps will subsequently be eliminated through the rule-making procedure.

It should also be noted that the nature of the activity to identify gaps in the law has a fairly close connection with law enforcement and rule-making. This is because the ultimate goal is to eliminate gaps as much as possible.

Gap identification activities primarily involve analysis of legal material. In the course of this activity, various methodological techniques and tools are used, which act as methods of legal research.

Among such methods we can identify formal legal and concrete sociological methods. Sometimes a comparative method is added here, which can play a key role in terms of the need to adopt a specific rule of law - the experience of foreign countries can show both the positive and negative direction of this provision, within the framework of which experts compare the relevant political, economic and social conditions for the existence of a specific rule rights in foreign countries and current conditions in one’s own country, as well as a logical method that allows one to logically build not only a rule of law, excluding the possibility of its broad interpretation and corresponding application, but also the legal system as a whole.

The formal legal method is understood as a special set of methods for collecting, processing and analyzing the content of the current legal system. When using this method, the parties expressing the structural laws of law (for example, syntactic, lexical and others) come to the fore. To determine the presence of gaps in
law, special means and techniques are used, which, when used together, give an idea of ​​the effect of the legal norm and, accordingly, the presence or absence of a gap in it. Well-known methods of interpretation are used as techniques - grammatical, logical, systematic, etc. Tools such as analogy and inverse inference, inference from a greater base to a smaller one and vice versa, induction and deduction, etc. are also used. All of the above means and techniques are used mainly when identifying gaps in individual standards, their totality or regulations. In the process of using them, it is possible to establish not only a complete or partial lack of regulation of relevant social relations, but also “technical” and other types of gaps.

Along with the formal legal method, the concrete sociological method is also used, which is also a set of certain means and methods, which include analysis and synthesis, questioning, observation and others. This occurs due to the limitations of the formal legal method, since when using it there is no task of analyzing the economic and social conditions of society, although this is important, especially when it comes to issuing legal norms. The specific sociological method allows us to understand whether a given norm will be effective in the current socio-economic conditions. The purpose of this method is, accordingly, to identify gaps in the law and determine the need for legal regulation from the point of view of socio-economic conditions by supplementing existing legal norms or issuing a new legal act. It is also necessary to prove the need of society for such regulation.

Standardization

Standardization– activities to establish rules and characteristics of products for the purpose of their voluntary repeated use, aimed at achieving order in the areas of production and circulation of products and increasing the competitiveness of products, works or services.

The main goal (GSS) is to help ensure proportional development of all sectors of the national economy. Goals, objectives, principles of standardization are set out in GOST R 1.0 -2004.

Standardization goals:

1. Increasing the level of life safety, health of citizens, property of individuals or legal entities, environmental safety, safety of life of animals and plants and promoting compliance with the requirements of technical regulations.

2. Increasing the level of safety of facilities (taking into account the risk of natural and man-made emergencies).

3. Ensuring scientific and technological progress.

4. Increasing the competitiveness of products, works and services

5. Technical and information compatibility and interchangeability of products.

6. Rational use of resources.

7. Comparability of measurement results.

Standardization principles:

1. Voluntary application of standards.

2. Maximum consideration of the interests of all stakeholders when developing standards.

3. Development of national standards based on international standards.

4. Inadmissibility of establishing standards that contradict technical regulations.

5. Inadmissibility of creating obstacles to the production and circulation of products.

6. Providing conditions for uniform application of standards.

Standardization tasks:

1. Ensuring mutual understanding between developers, manufacturers, sellers and consumers.

2. Establishment of optimal requirements for the range and quality of products, compatibility, interchangeability and unification of products.

3. Ensure ND requirements when monitoring product certification.

4. Creation of classification and coding systems and product cataloging systems.

Objects of standardization: products, norms, rules, methods, terms, designations.

The legal basis for standardization in the Russian Federation is established by the Law of the Russian Federation “On Technical Regulation” dated December 27, 2002 No. 184-F3.

Leading organizations for standardization - ISO And IEC

In 1946, the International Organization for Standardization (ISO) was created. In 1906 - International Electrotechnical Commission (IEC). The headquarters of ISO and IEC are located in Geneva, working languages ​​are English, French, Russian.

The activities of ISO and IEC are aimed at developing international trade and cooperation in the intellectual, scientific, technical and economic fields.

Objects of standardization in ISO cover all areas of activity. The exception is electrical, electronics and radio engineering, which falls under the purview of the International Electrotechnical Commission (IEC). Issues of information technology, microprocessor technology, certification, etc. are objects of joint development by ISO/IEC.

The ISO's highest governing body is the General Assembly. There are seven committees reporting to the ISO Council:

· STAKO is a committee for the study of scientific principles of standardization, it provides methodological and informational assistance to the ISO Council on the principles and methods of developing international standards and terminology.

· PLAKO - ISO work planning, organization of technical committees.

· CASCO – assessment of product compliance with standards, competence of testing laboratories and certification bodies.

· DEVCO – providing assistance to developing countries in the field of standardization.

· KOPOLCO – protecting the interests of consumers, as well as providing them with the necessary information about international standards

· REMCO – development of guidelines on issues related to reference materials (standards).

· INFKO – committee for scientific and technical information.

Draft international standards are developed in technical committees (TC).

ISO achievements: development of the international system of measurement units “SI”; adoption of metric thread system; adoption of a system of standard sizes and designs of containers for the transportation of goods by all modes of transport.

ISO international standards are not mandatory, i.e., each country has the right to apply them in whole, in part or not at all. However, countries seeking to maintain the competitiveness of their products in the global market are forced to apply these standards.

The highest governing body of the IEC is the Council

A standard is a document that, for the purpose of voluntary repeated use, establishes product characteristics, rules for implementation and characteristics of the processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services.

The standard can be developed for products, raw materials, norms, rules, requirements for facilities, procedures for developing documents, safety standards, quality management systems.