Standardization methods. Standardization is the activity of establishing rules and characteristics for their voluntary reuse.
Lecture topic: Interpretive technique
Questions:
1. Concept, structure, reasons for interpretation.
2. Technique of interpretation of normative acts.
Question number 1.
The concept of interpretation
Terminological introduction to the problem
Interpretation is a typical activity of a lawyer, especially in the Romano-Germanic system of law. Any jurist, legislator or executive, doctrinal jurist, practicing jurist, judge, lawyer, etc., often has to interpret the rules of law and the facts that govern their application.
First, let's understand the terms.
In everyday life, “interpreting” means finding the exact meaning of a phenomenon, making clear and obvious what seems fuzzy, ambiguous or confusing, establishing and explaining connections and relationships between facts.
The term ≪interpretation≫ came from the words ≪sense≫, ≪meaning≫, ≪knowledge≫. The fact is that the language (the terminological shell of thought) and the meaning often do not coincide.
For example, when a lecturer meets a student audience for the first time, he glances around it and says: "Here sit the chicks that have flown out of the nest called "school"". Of course, this cannot be taken literally. Most likely, he means that there are people here:
1) young in age;
2) recently finished school;
3) do not have 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, dreams. It was also used in Roman law. This term is not currently used;
- ≪hermeneutics≫- a term denoting the art of clarification, 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 in order to make them understandable. The term "hermeneutics" is still used today. Moreover, some scientists propose to single out 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 plurality of opinions.
Under the broadest interpretation is understood as a cognitive process aimed at explaining natural phenomena, social phenomena, including the rules of law.
In a narrower sense, under the 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 sense that the term "interpretation" is most often used in jurisprudence.
However, behind the text of the rules of law is always their content. Therefore, the decoding of texts is not limited. The interpreter also refers to the knowledge of the meaning of the legal phenomena behind the text of the norm of the law, the will of the law-making subject.
Special part
For example, home mortgages. Strictly terminologically, a mortgage means the issuance of loans on favorable terms for housing construction. But not everyone can take out a loan for housing, but only those who have at least a small income in the family and also 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 understand the interpretation.
The first is based on the interpretation the letters of the law static an approach. This is an interpretation that is based on the text of the law itself. The interpreter is guided by the following rule: all law is contained in a written law; the task of the lawyer is to extract it from there, following the will of the legislator. In other words, when interpreting, it is necessary, through logical analysis, to carefully, article by article, examine only the text of the law itself. Perhaps, at the same time, it will be necessary to raise the works published at the time of preparation of the law, the materials of parliamentary debates. That is, here one can see the fetishism of the law, which leads to the loss of dynamism by the law.
Second approach involves an 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 motto of the interpreter in this case: "The law is not a dogma, but a guide to action." The purpose of such a sociological approach is the satisfaction of 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 the simultaneous knowledge in the process of interpretation of both the letter and the spirit of the law. The account of social realities is not rejected here, but nevertheless the interpreter must rely primarily on laws and take into account the spirit of 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
Interpretation structure
Interpretation is a complex intellectual-volitional process, which is a set of mental operations.
Their grouping allows revealing the structure of interpretation. However, there is no consensus among scholars on the question 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. Many authors (S. I. Vilnyansky, B. V. Shchetinin, V. V. Suslov, and others) adhered to a similar point of view and adhere at the present time.
Other scientists (S. A. Golunsky, M. S. Strogovich, Yu. G. Tkachenko and others) understand only clarification content of the law. Otherwise, why is it necessary to understand the meaning of the rules of law?
The third group of authors (S. S. Alekseev, V. O. Luchin, T. Ya. Khabrieva, B. P. Spasov, etc.) include clarification (disclosure of the content of legal norms) and clarification of their meaning in the structure of interpretation, i.e. - an explanation of the will of the subjects of lawmaking expressed in the norms of law. At the same time, 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 produced, 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 take it into service to characterize the structure of interpretation.
Interpretation-clarification
Understanding the meaning of legal norms is the main and obligatory part of the 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 deciding a case. Of course, the judge can also voice the course of his reasoning (only not in the presence of other persons, if the interpretation is in the deliberation room), but this is rare.
1 See: Kartashov V. N. The theory of the legal system of society. S. 350.
372 Special part
Interpretation-clarification can be carried out purely for cognitive purposes, for example, by students studying at law schools. So do citizens who wish to acquire certain legal knowledge in order 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 work).
Explanation related:
With the establishment of the authenticity and reliability of the interpreted normative act;
Reconstruction of the structure of the rule of law;
Analysis of the concepts of the rule of law;
Making judgments about the rule of law;
Evaluation of the rule of law or conclusion.
It is always and always necessary for everyone to understand the norm before implementing it:
When exercising your rights;
Fulfillment of their duties;
Compliance with restrictions.
Interpretation-clarification always precedes clarification. For example, a citizen came to the judge with a complaint, having received a refusal from the local authority to expand his housing in connection with the birth of a child in the family. He considers the refusal unfair, since the Constitution of the Russian Federation establishes a norm according to which every citizen has the right to housing (Article 40).
The judge argues:
The citizen is not among the poor, therefore, does not have the right to receive housing on the terms of social employment;
It remains to purchase housing on the terms of sale;
The incomes of the main contingent of our citizens today are small (the average for the country is about $500 per month). This citizen belongs to this category of citizens;
The 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 has a declarative character.
Standardization is the activity of establishing norms, rules and characteristics for the purpose of their voluntary reuse, aimed at achieving orderliness in the sphere of production and circulation of products and increasing the competitiveness of works, goods and services (art.
2 FZ "On technical regulation"). Standardization principles: 1)
voluntary application of standards; 2)
maximum consideration in the development of standards of the legitimate interests of stakeholders; 3)
international standards, which are the basis of national standards; 4)
the inadmissibility of establishing standards that are contrary to technical regulations.
Standardization provides: 1)
safety of products, works and services for the environment, life, health and property; 2)
technical and information compatibility, as well as interchangeability of products; 3)
quality of products, works and services in accordance with the level of development of science, engineering and technology; 4)
unity of measurements; 5)
saving all kinds of resources; 6)
safety of economic facilities, taking into account the risk of natural and technological disasters and other emergencies; 7)
defense capability and mobilization readiness of the country.
The requirements established by normative documents for standardization should be based on modern achievements in science, engineering and technology, international standards, rules, norms and recommendations for standardization, progressive national standards of other states; take into account the conditions for the use of products, the performance of work and the provision of services, working conditions and modes of work and must not violate the provisions established by acts of the legislation of the Russian Federation.
At present, the national standardization system includes the following elements: 1)
state (national) standards of the Russian Federation; 2)
applied 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 of cross-industry significance and must not contradict the legislation of the Russian Federation. Decree of the State Standard of the Russian Federation dated January 30, 2004 No. 4 “On National Standards in the Russian Federation” state and interstate standards adopted before July 1, 2004 are recognized as national standards. Their provisions are mandatory in the following cases: 1)
if it concerns the protection of the life and health of citizens; 2)
protection of property of citizens; 3)
environmental protection; 4)
protection from fraud in the market.
Requirements established by national standards to ensure the safety of products, works and services for the environment, life, health and property, for technical and information compatibility, interchangeability of products, uniformity of methods for their control and uniformity of labeling, as well as other requirements established by the legislation of the Russian Federation, are obligatory for observance by state governing bodies, economic entities.
Industry standards can be developed and adopted by state authorities within their competence in relation to products, works and services of industry importance.
These standards must not violate the mandatory requirements of state standards.
Enterprise standards are developed and approved independently to improve production in order to meet product requirements, as well as to improve organization and management. The requirements of enterprise standards are subject to obligatory observance by other economic entities, if the contract for the development, production and supply of products, for the performance of work and the provision of services makes reference to these standards.
The standards of public associations are developed and adopted by them for the dynamic dissemination and use of the results of research and development obtained in various fields of knowledge.
Standards of business entities should not violate the mandatory requirements of state standards.
Control and supervision over compliance with the mandatory requirements of state standards and technical regulations until the Government of the Russian Federation makes a decision to transfer these functions to other federal executive bodies is carried out by the Federal Agency for Technical Regulation and Metrology.
Gosstandart of Russia adopts state standards and all-Russian classifiers of technical and economic information.
State control and supervision over compliance by business entities with the mandatory requirements of state standards is carried out at the following stages: 1)
development, preparation of products for production; 2)
production of products; 3)
sales of products; 4)
use (operation) of products; 5)
storage, transportation, disposal, as well as during the performance of work and the provision of services.
Officials of economic entities are obliged to create all the conditions that are necessary for the exercise of control and supervisory powers. The bodies exercising state control and supervision over compliance with mandatory requirements are the State Standard of Russia and other specially authorized government bodies. The implementation of state control and supervision over compliance with the mandatory requirements of state standards on behalf of the State Standard of Russia is carried out by its officials - state inspectors: 1)
Chief State Inspector of the Russian Federation for Supervision of State Standards; 2)
chief state inspectors of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg for the supervision of state standards; 3)
state inspectors for the supervision of state standards.
State inspectors for the supervision of state standards have the right to: 1)
free access to office and production premises of a business entity; 2)
receive from the subject of economic activity the documents and information necessary for the implementation of state control and supervision; 3)
use technical means and specialists of a business entity in the course of state control and supervision; 4)
issue instructions to prohibit or suspend the sale, use of proven products, as well as the performance of work and the provision of services in case of non-compliance of products, works and services with the mandatory requirements of state standards.
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 on the quality of products and services, ensure their safety for human life and health, and preserve the environment.
The main provisions of the State Standardization System of the Russian Federation and its legal framework, 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 ownership and subordination, and as well as citizens engaged in individual labor activity.
The issues of standardization in the Russian Federation are dealt with by the Committee for Standardization, Metrology and Certification (Gosstandart of Russia), whose powers include organizing, coordinating and managing 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 interchangeability of products and component parts of products and their unification.
One of the tasks of standardization is also the creation of a system of normative documentation, including such documents as standards, specifications, all-Russian classifiers, guidelines, 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).
Normative documentation also includes all-Russian classifiers of technical and economic information.
Interstate standards (GOST) are standards adopted by the states that have signed the Agreement on Conducting a Coordinated Policy in the Field of Standardization, Metrology and Certification and directly applied by them.
The current and newly introduced GOSTs under the agreement should be applied on the territory of Russia without reissuing and without changing their designation.
Until now, until the development and approval of new GOSTs, the 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 its packaging, labeling, transportation, storage and disposal;
mandatory requirements for safety and industrial sanitation;
mandatory methods of product quality control, allowing to ensure the safety and environmental friendliness of goods, as well as to assess the level of its quality;
requirements for compatibility and interchangeability of products; requirements that ensure the quality of products during their development, production and operation;
rules for drawing up 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 the sectoral ministries (departments) of the Russian Federation in the absence of GOSTs for standardization objects, or if it is necessary to establish requirements that exceed the requirements of GOST or GOST R.
Industry standards in Russia must be applied without fail by enterprises that are part of the system of a given ministry or department, and on a voluntary basis by enterprises of other departmental affiliation, as well as entrepreneurs and enterprises of various forms of ownership. The requirements of OSTs should 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 in applied and fundamental sciences. It should be noted that such types of standards are quite widespread abroad. For example, the standards for test methods created back in 1898 by the American Society for Testing and Materials (ASTM) are known all over the world and are widely used.
Enterprise standards (STP) are standards for products created or used by a given enterprise. Such standards may be applied to other enterprises with the permission of the enterprise that approved these standards. STP should not contradict the mandatory requirements of GOSTs and OSTs.
Along with the standards in the Russian Federation, there is another type of regulatory documentation - technical conditions. Specifications (TS) - a regulatory document for a specific product, approved by the developer, as a rule, upon agreement with the customer or consumer.
Unlike GOSTs, specifications set their requirements for a narrow group of products (model, brand, type). Technical conditions are most common for the standardization of consumer goods, primarily produced in small batches, newly mastered by industry or products of a frequently changing assortment.
Technical conditions are approved by the enterprise-developer of these conditions.
They are used on the territory of the Russian Federation by enterprises regardless of the form of ownership and subordination.
Depending on the object of standardization, purpose and content, the standards are divided into: fundamental standards; standards for products and services; process standards; test methods standards.
Fundamental standards are normative documents that establish general organizational and methodological provisions on the procedure for standardization in a certain area, as well as regulating general technical provisions regarding terminology, product labeling, construction, presentation, content and design of various documentation, etc.
Product standards regulate the requirements for groups of homogeneous products (general specification standard) and for a specific type of product (technical standard). 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 "General technical requirements" type for a group of homogeneous products can have a rather narrow focus, for example, standards for the rules for 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 test (control) methods, which establish the procedure for carrying out work on product quality control 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 test methods can be narrow or broad in focus, while the first of them regulate the procedure for testing for one quality indicator, and the second for a set of quality indicators.
Bating the demands placed on him. This type of identification is used to identify the conformity of the product to 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 variety with the variety indicated on the label and in accompanying documents, etc.
In the course of carrying out commodity-lot identification, the belonging of the presented sample of goods (sample) to a specific commodity lot is established.
The means of identification of goods include the marking of goods; regulatory documents (GOSTs, specifications, etc.) regulating quality indicators; technical documents, including shipping documents (waybills, certificates, quality certificates, etc.), as well as documented results of testing samples of the goods being certified.
The results of organoleptic, chemical, physico-chemical and other indicators characterizing the composition and properties of goods are used as identification criteria. Identification criteria should be objective and independent of the subjective parameters inherent in the tester (his competence, professionalism, interest, etc.), as well as on 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 for carrying out product identification, the same results will be obtained (within the 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, marking. 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. It is not uncommon to use foreign labeling for domestic, often handicraft products.
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 certification of products, 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 production.
The choice of the certification scheme is carried out jointly by the applicant and the Certification Body (CB).
The main criterion for choosing a scheme is to ensure the evidence of certification while minimizing the economic and time costs for its implementation.
Along with the Laws of the Russian Federation and Decrees of the Government of the Russian Federation regulating the procedure for certification of products, the rules for certification of homogeneous groups of products for compliance with safety requirements have been developed and adopted by the State Standard of the Russian Federation, in which the main provisions of these regulations are developed and specified in terms of specifying certification schemes, a list of indicators, subject to confirmation during mandatory certification, indicators of product identification, regulatory and technical documents required for issuing certificates for 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 over certified products or the state of their production is carried out by the Certification Body that issued the certificate of conformity. Such control can be carried out with the involvement of the territorial bodies of the State Standard of Russia, trade inspectorates and consumer societies, or using information received from these organizations in the course of 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 the territory of 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 context of developing market relations.
The tool that ensures the improvement of product quality and protection of consumer rights to purchase safe goods is the standardization and certification of products.
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 reuse, 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, marking or labels and the rules for their application;
standardization - the activity of establishing rules and characteristics for the purpose of their voluntary reuse, aimed at achieving orderliness 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 fixed by GOST R 1.0-04. It is a set of state standards that ensure maximum efficiency and effectiveness of standardization. According to the state standardization system, normative and technical documents are divided into the following categories:
International standards;
National standards;
State standards - GOSTs;
Industry standards - OSTs;
Republican standards - PCTs;
Technical descriptions;
Specifications - TU.
Goals of standardization. Standardization is carried out in order to:
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;
Improving the safety level of facilities, taking into account the risk of natural and man-made emergencies;
Ensuring scientific and technological progress;
Increasing the competitiveness of products, works, services;
Rational use of resources;
Technical and information compatibility;
Comparability of the results of research (tests) and measurements, 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 in the development of standards of the legitimate interests of interested parties;
The application of an international standard as the basis for the development of a national standard, unless 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 a separate provision thereof;
The inadmissibility of creating 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;
The inadmissibility of establishing such standards that are contrary to technical regulations;
Providing conditions for the uniform application of standards.
Documents in the field of standardization. Documents in the field of standardization used in the territory of the Russian Federation include:
National standards;
Classifications applied in accordance with the established procedure, 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 standardization body of the Russian Federation (hereinafter referred to as the national standardization body):
Approves national standards;
Adopts a program for the development of national standards;
Organizes expertise of draft national standards;
Ensures the 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;
Keeps records of 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 they are adopted;
Approves the image of the sign of compliance with national standards;
Represents the Russian Federation in international organizations carrying out activities 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 bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers may be included in the composition of technical committees for standardization on a parity basis and on a voluntary basis.
The procedure for the creation and operation 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 the national standardization system.
National standards are developed in accordance with the procedure established by this Federal Law. National standards are approved by the national standardization body in accordance with the rules of standardization, 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, the 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.
The application of the national standard is confirmed by the mark of conformity to the national standard.
All-Russian classifiers of technical, economic and social information (hereinafter - all-Russian classes
sificators) - regulatory documents that distribute technical, economic and social information in accordance with its classification (classes, groups, types, etc.) and are mandatory for use when creating 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 area (including in the field of forecasting, statistical accounting, banking, taxation, in interdepartmental information exchange, the 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 the program for the development of national standards and must ensure that it is available to interested parties for review.
Any person can be a developer of a national standard.
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 edition 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 the specified 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 keep the comments received in writing until the approval of the national standard and to submit them to the national standardization body and technical standardization committees at their request.
The term for public discussion of a draft national standard from the date of publication of a notice of its development to the day of publication of a notice of completion of public discussion cannot be less than two months.
The notice of the completion of the public discussion of the draft national standard must be published in the printed edition 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 notification of the completion of the public discussion of the draft national standard, the finalized draft and the list of comments received in writing from interested parties should 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 the 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 to approve or reject the national standard.
The notice of approval of the national standard is subject to publication in the printed edition of the federal executive body for technical regulation and in the 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, the 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 edition 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. The standards of organizations, including commercial, public, scientific, self-regulating, 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 the quality of products, perform work, provide services, as well as to disseminate and use the results of research (tests), measurements and developments obtained in various fields of knowledge.
The procedure for developing, approving, recording, changing and canceling the standards of organizations is established by them independently, taking into account the provisions of Art. 12 of the Law "On technical regulation".
The organization's draft standard may be submitted by the developer to the technical committee for standardization, which organizes the examination of this draft. 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.
The standards of organizations are applied equally and equally regardless of the country and (or) place of origin of products, the 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.
Standards, like other normative technical documents, cannot remain unchanged for a long time - they become obsolete.
Currently, the Russian industry has a system for assessing the quality of products, which has international recognition.
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 the 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 allow promoting domestic products on the world market and effectively protecting our own market from low-quality products.
In accordance with the standardization plan, the Central 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 dwell on some of them.
For the mutual exchange of goods with various countries in clothing, knitwear and fur products, it is advisable to establish and use uniform methods for determining
dimensional characteristics of the human body. A unified method for measuring the human body when determining the size of products is necessary so that the consumer can correctly select clothes in accordance with individual measurements, depending on the style 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 choice of methods and parameters for the care of the product during its operation has been significantly expanded. Marking products with international care symbols is a prerequisite for selling products on the world market. The Institute has developed a draft GOST R ISO 3758-99 "Textile products. Marking with care symbols", the text of which is similar to the international standard. The standard contains international symbols for product care, characterizing 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 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 the seams is a mandatory indicator, which is checked during the certification of special clothing in Russia and abroad. In international practice, two test methods are used to determine the breaking load of joints: "strip" and "grab". The values of the breaking load of the joints obtained during testing by these methods are different. Therefore, test results should 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 a strip is stretched" ("strip" method). The standard regulates the procedure for determining the maximum breaking load of the seams when a tensile force is applied perpendicular to the seam. Elementary samples for testing are cut out from the product or specially made. The type of seam, the number of stitches per unit length, the type of thread, 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, 300 mm long. The tests are carried out on a tensile 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 by the sample capture method" regulates the testing of seams by the "grab" method. The essence of the method lies in the fact that the central part of the sample with a seam is captured by the clamps of the testing tensile machine and subjected to stretching until the seam breaks. To test the seams by the method of "capturing" samples, tensile machines are used with a constant stretching rate using special clamps.
GOST R 532-99 "System of labor safety standards. Special clothing for protection against heat and fire. Test method for limited flame propagation" applies to special clothing designed to protect against elevated temperatures, and materials for its manufacture. This standard specifies a method for testing materials under limited flame propagation on vertically oriented samples under strictly controlled conditions.
In the Law on Technical Regulation, certification is understood as a form of confirmation of compliance of objects with the requirements of technical regulations, the provisions of standards or the terms of contracts carried out by the certification body; under the certificate of conformity - a document certifying the compliance of the object with the requirements
technical regulations, provisions of standards or terms of contracts.
Purposes of certification (conformity assessment). Confirmation of conformity is carried out in order to:
Certification of compliance of products, production processes, operation, storage, transportation, sale and disposal, works, services or other objects with technical regulations, standards, terms of contracts;
Assistance to purchasers in the competent choice of products, works, services;
Increasing the competitiveness of products, works, services in the Russian and international markets;
Creation of conditions for ensuring 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 confirmation of conformity. Conformity assessment is carried out on the basis of the following principles:
Availability of information on the procedure for the implementation of conformity assessment to interested parties;
The inadmissibility of applying mandatory confirmation of conformity to objects in respect of which the requirements of technical regulations are not established;
Establishment of a list of forms and schemes of mandatory conformity assessment for certain types of products in the relevant technical regulation;
Reducing the time for the implementation of mandatory confirmation of conformity 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, observance of trade secrets in relation to information obtained during the confirmation of compliance;
Inadmissibility of substituting mandatory confirmation of compliance with voluntary certification.
Conformity assessment is developed and applied equally and equally regardless of the country and (or) place of origin of products, the 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. Conformity assessment on the territory of the Russian Federation may 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 the forms of mandatory confirmation of conformity is established by this Law.
Voluntary confirmation of compliance. Voluntary confirmation of conformity is carried out at the initiative of the applicant on the terms of the contract between the applicant and the certification body. It can be carried out to establish compliance with national standards, standards of organizations, voluntary certification systems, and the terms of contracts.
The objects of voluntary confirmation of conformity are products, processes of production, operation, storage, transportation, sale and disposal, works and services, as well as other objects for which standards, voluntary certification systems and contracts establish requirements.
Functions of the certification body:
Carry out confirmation of conformity of objects of voluntary confirmation of conformity;
Issue certificates of conformity for objects that have passed voluntary certification;
Provide applicants with the right to use the mark of conformity, if the use of the mark of conformity is provided for by the relevant system of voluntary certification;
Suspend or terminate the certificates of conformity issued by them.
A voluntary certification system can be created by a legal entity and (or) an 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 in this voluntary certification system. The voluntary certification system may provide for the use of a mark of conformity.
The voluntary certification system may be registered by the federal executive body for technical regulation.
To register a voluntary certification system, the following documents are submitted to the federal executive body for technical regulation:
Certificate of state registration of a legal entity and (or) individual entrepreneur;
The 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";
The image of the mark of conformity used in this system of voluntary certification, 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 by 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 the registration fee are established by the Government of the Russian Federation. The fee for registration of the voluntary certification system is subject to transfer to the federal budget.
Refusal to register a voluntary certification system is allowed only in case of failure to submit 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 the previously registered voluntary certification system. A notice of refusal to register a voluntary certification system shall be 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 that have created voluntary certification systems, about the rules for the functioning of voluntary certification systems, conformity marks and the procedure for their application. He 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.
Compliance marks. 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, the conformity of which has not been confirmed in the manner prescribed by this Law, cannot be marked with a mark of conformity.
Mandatory confirmation of compliance. Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulation, and solely for compliance with the requirements of the technical regulation.
The object of mandatory confirmation of conformity can only be products put into circulation on the territory of the Russian Federation.
The form and schemes of mandatory confirmation of conformity can be established only by the technical regulations, taking into account the degree of risk of failure to achieve the goals of the technical regulations.
The Declaration of Conformity and the Certificate of Conformity have equal legal force regardless of the mandatory conformity assessment schemes and are valid throughout the territory of the Russian Federation.
Works on mandatory confirmation of compliance are subject to payment by the applicant.
The Government of the Russian Federation establishes a methodology for determining the cost of work for mandatory confirmation of compliance
branch, 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 the 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 based on 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 in its territory or an individual as an individual entrepreneur, or being 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 the supplied products with the requirements of technical regulations and in terms of liability for non-compliance of the supplied products with the requirements of technical regulations (a person acting as a foreign manufacturer).
The range of applicants is established by the relevant technical regulations.
The scheme for declaring conformity with the participation of a third party is established in the technical regulation if the absence of a third party leads to failure to achieve the goals of conformity assessment.
When declaring conformity on the basis of their own evidence, the applicant independently generates evidentiary materials in order to confirm the conformity of products with the requirements of technical regulations. Technical documentation, the results of our own research (tests) and measurements and (or) other documents, according to
served as a motivated basis for confirming the compliance of products 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 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 evidence materials the 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 the control (supervision) of the certification body that issued this certificate is provided for the object of certification.
The quality system certificate can be used as part of evidence when making a declaration of conformity for any product, except for the case when technical regulations provide for a different form of confirmation of conformity for such products.
The declaration of conformity is drawn up in Russian and must contain:
Name and location of the manufacturer;
Information about the object of confirmation of conformity, which allows to identify this object;
The name of the technical regulation for compliance with the requirements of which the products are confirmed;
An indication of the conformity declaration scheme;
The applicant's statement on the safety of products when they are used in accordance with the intended purpose and when the applicant takes measures to ensure that the products comply with the requirements of technical regulations;
Information about the studies (tests) and measurements carried out, the quality system certificate, as well as the documents that served as the basis for confirming the compliance of products with the requirements of technical regulations;
Validity 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 the information contained in the said register, and the procedure for paying for the provision of the information contained in the said register are determined by the Government of the Russian Federation.
The declaration of conformity and the documents constituting evidence are kept by the applicant for three years from the expiration date of the declaration. The second copy of the declaration of conformity is kept 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 for certification of certain types of products are established by the relevant technical regulations.
Compliance of products 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 object of certification, allowing to identify this object;
The name of the technical regulation for compliance with the requirements of which certification was carried out;
Information about the conducted studies (tests) and measurements;
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 the 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 label;
Color fastness to washing, sweat, ironing and friction;
For outer knitwear, certification must confirm such indicators as:
Change in linear dimensions after wet treatments;
Mass fraction of various types of raw materials (for children's assortment);
Breathability (for children's range);
Hygroscopicity (for children's assortment);
The minimum allowable extensibility of the seam;
Compliance of the product with the linear dimensions and the 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 lining of the product (for children's assortment);
The 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, content of raw materials, methods of care indicated on the label.
Organization of mandatory certification. Mandatory certification is carried out by a certification body accredited in the manner prescribed by the Government of the Russian Federation.
Certification body:
Attracts on a contractual basis for research (testing) and measurements testing laboratories (centers) accredited in the manner established by the Government of the Russian Federation (hereinafter referred to as accredited testing laboratories (centers);
Carries out control over the objects of certification, if such control is provided for by the relevant scheme of mandatory certification and the contract;
Maintains a register of certificates of conformity issued by him;
Informs the relevant bodies of state control (supervision) over compliance with the requirements of technical regulations on products submitted for certification, but not passed it;
Suspends or terminates the certificate of conformity issued by him;
Ensures the provision of information to applicants on the procedure for conducting mandatory certification;
Establishes the cost of certification works on the basis of the methodology for determining the cost of such works 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 paying for the provision of 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 in the course of mandatory certification are carried out by accredited testing laboratories (centers) that conduct research (tests) and measurements of products within their scope of accreditation on the terms of contracts with certification bodies. Certification bodies are not entitled to provide accredited testing laboratories (centers) with information about the applicant.
An accredited testing laboratory (center) draws up the results of studies (tests) and measurements in the relevant protocols, on the basis of which the certification body decides 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 garments is based on determining the conformity of typical products identified with serial products to 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 "Clothes" in recent years has shown the following:
Certification of products helped to significantly "clear" the Russian market from low-quality products;
Certification is a tool that guides the actions of product manufacturers in accordance with the requirements of state standards and contributes to quality improvement;
A product certificate is not a complete confirmation of its compliance with all requirements;
It is necessary to improve the work on certification 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:
The raw material composition, on which the comfort of clothing depends;
Structure, color, pattern, finish - depending on the direction of fashion;
Operational properties and durability - depending on the type and purpose of the product;
Product price.
The significance of this or that factor can be established only 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 the consumer with high quality products.
At present, certification of quality systems in accordance with the requirements of the ISO 9000 series standards, developed by the International Organization for Standardization (ISO) and being the normative basis for certification of quality systems, is being widely implemented all over the world. Mutual recognition programs for 9000 series certificates are being developed and operated. Certification schemes based on ISO 9000 series standards are acceptable to large firms and small businesses, they provide certification of quality systems depending on the production cycle of the enterprise. Some Russian standards based on the ISO 9000 series are listed below.
The main goal of quality system certification is to ensure the constant and stable production of high quality products. The positive effect of quality system certification will be significant if:
All employees (from the director to each worker) are prepared to work under the conditions of the functioning of the quality system and wish 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 the documents of the quality system.
Industrial sewing enterprises that have an established and current 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 declaration of conformity of products to the requirements of scientific and technical documentation, which is declared by the manufacturer, the 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 is understood as confirmation by the authorized body of the compliance of goods with mandatory requirements. Mandatory requirements include safety requirements 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 woolen fabrics; non-woven materials such as fabrics, non-woven fabrics; piece textiles; outerwear; costume, dress and blouse, underwear and shirts; jersey linen and top; hosiery, gloves and shawls; hats; knitted fabrics; artificial 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 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 of the said information.
The seller (executor, 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 receipt of information about non-compliance of products with requirements
technical regulations is obliged within ten days from the date of receipt of the information to verify its reliability. 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 said inspection to the state control (supervision) body.
In the event of receipt of information about non-compliance of products with the requirements of technical regulations, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to take the necessary measures so that before the completion of the check, the possible harm associated with the circulation of this product does not increase.
When confirming the accuracy of information about 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 date of confirmation of the reliability of such information, is obliged to develop a program of measures to prevent harm and coordinate it with the state control (supervision) body in according to his competence.
The program should include measures to inform purchasers about 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 damage, the manufacturer (seller, person acting as a foreign manufacturer) is obliged to take all measures to prevent damage on its own, and if it is impossible to implement them, announce a recall of the products and compensate for the losses caused to the purchasers due to a product recall.
Elimination of deficiencies, as well as delivery of products to the place of elimination of deficiencies 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 acting as 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 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 the purchasers with the opportunity to receive prompt information about the necessary actions.
First of all, it should 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, regardless of the subject of its establishment (legislator, judge, lawyers, etc.), and therefore this activity requires special attention and control.
The subjects of establishing gaps in the law, when carrying out activities to establish the corresponding gaps, solve a number of issues:
firstly, the nature of the need for legal regulation, that is, it is necessary to establish whether this need for legal regulation of a particular situation is imaginary;
secondly, it is necessary to establish the reality of the need for legal regulation, i.e., 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 regulate this particular social relation in one way or another;
fourthly, it is necessary to establish the nature of the gap, i.e., 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 you know, 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 questions are analyzed.
Objectively, the establishment of gaps in the law begins with the fact that the law enforcement body finds it difficult to resolve a specific case due to the lack of an appropriate legal norm (legal instrument) that would allow answering all questions relevant to resolving the case. Moreover, such a situation should not be an incidental (single) character.
ter, but should be multiple in nature, and it is not necessary that the same body or official face the difficulty of resolving a case of this kind - the subjects can be completely different. Here, law enforcement, including judicial, practice is important, as well as activities to systematize legislation, during which gaps in law can also be detected. Eliminating the relevant gaps in law involves their 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 establish gaps in the law has a fairly close connection with law enforcement and rule-making. This is due to the fact that the ultimate goal is to eliminate gaps as much as possible.
The gap-finding activity is primarily concerned with the analysis of legal material. In the course of this activity, various methodological techniques and means are used, which act as methods of legal research.
Among such methods, one can designate formal-legal and concrete-sociological methods. Sometimes a comparative method is also 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 a positive and a negative direction of this provision, in which experts compare the relevant political, economic and social conditions for the existence of a particular rule laws in foreign countries and the current conditions in their own country, as well as a logical method that allows you to logically build not only a rule of law, excluding the possibility of its broad interpretation and appropriate 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 that express the structural laws of law (for example, syntactic, lexical and others) come to the fore. To check for spaces in
law, special means and techniques are used, which in their total use give an idea of the operation 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. Also, such means as analogy and inverse conclusion, conclusion from a larger base to a smaller one and vice versa, induction and deduction, etc. are used. All these tools and techniques are used mainly when establishing gaps in individual norms, their totality or normative acts. In the process of their use, it is possible to establish not only the complete or partial absence of the settlement of relevant social relations, but also “technical” and other types of gaps.
Along with the formal legal method, a specific 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 is due to the limitations of the formal legal method, since when using it, the task is not to analyze the economic and social conditions of society, although this is important, especially when it comes to issuing legal norms. The concrete sociological method makes it possible to understand whether this norm will be effective in the current socio-economic conditions. The purpose of this method is, respectively, to identify gaps in the law and determine the need for legal regulation in terms of socio-economic conditions by supplementing existing legal norms or issuing a new legal act. It is also necessary to prove the society's need for such regulation.
Standardization
Standardization– activities to establish the rules and characteristics of products for the purpose of their voluntary multiple 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 the proportional development of all sectors of the national economy. Goals, objectives, principles of standardization are set out in GOST R 1.0 -2004.
Goals of standardization:
1. Increasing the level of safety of life, health of citizens, property of individuals or legal entities, environmental safety, safety of life of animals and plants and promotion of 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 in the development of standards of the interests of all stakeholders.
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 the 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 the requirements of RD in the control of product certification.
4. Establish 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.
Parent organizations for standardization - ISO And IEC
In 1946, the International Organization for Standardization (ISO) was established. In 1906 - the International Electrotechnical Commission (IEC). The headquarters of ISO and IEC are located in Geneva, the 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.
The objects of standardization in ISO cover all areas of activity. The exception is electrical engineering, electronics and radio engineering, which are within the competence of the International Electrotechnical Commission (IEC). Issues of information technology, microprocessor technology, certification, etc. are the objects of joint developments by ISO / IEC.
The supreme governing body of ISO is the General Assembly. There are seven committees reporting to the ISO Council:
· STAKO is a committee for the study of the scientific principles of standardization, it provides methodological and informational assistance to the ISO Council on the principles and methodology for developing international standards and terminology.
· PLAKO - ISO work planning, organization of technical committees.
· CASCO - assessment of product compliance with the requirements of standards, the competence of testing laboratories and certification bodies.
· DEVCO - assistance to developing countries in the field of standardization.
COPOLCO - protecting the interests of consumers, as well as bringing them the necessary information about international standards
· REMCO - development of guidelines on issues related to reference materials (standards).
· INFCO – Committee for Scientific and Technical Information.
Draft international standards are developed in technical committees (TC).
Achievements of ISO: development of the international system of units of measurement "SI"; adoption of the metric thread system; adoption of a system of standard sizes and designs of containers for the carriage 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 world market are forced to apply these standards.
The highest governing body of the IEC is the Council
Standard - a document in which, for the purpose of voluntary reuse, product characteristics, implementation rules and characteristics of the processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services are established.
The standard can be developed for products, raw materials, norms, rules, requirements for objects, the procedure for developing documents, safety standards, quality management systems.
