Technical Regulation: Relevant Problems

Abstract

Zhukova Yuliya - Postgraduate student, Law Faculty,National Research University Higher School of Economics. E-mail: julia-jukova@yandex.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

Loshchilin Viktor - Postgraduate student, Law Faculty, Department of Entrepreneurship,National Research University Higher School of Economics. E-mail: intmainvoid@gmail.com
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

This summary incorporates the materials of the panel held at the Law Faculty of the Higher school of Economics in 2011. The analysis of Russian reality raised key questions on the necessity to maintain the balance of interests for all counterparts in legal relations in the area of regulating technique. The panelists noted a positive influence of the law On Technical Regulation on Russian small and medium-sized businesses and advantages for consumers. The modern requirements to marking products have become a barrier against fraud. At the same time, among the negative influence, the following has been mentioned: rejection of state institutions to supervise the quality of products, inefficiency of civil, administrative and other sanctions against the violators of construction norms and similar norms and standards, absence of the mechanism of implementing norms which would set the opportunity to develop drafts of technical rules by any persons. The institution of standards though existing does not perform the functions of a fully-fledged regulator for the quality of goods and services. When drafts of laws on technical regulation are being prepared the last word is left for the institutions of executive power and an efficient instrument of parliamentary hearings to evaluate drafts is applied rarely. Contradicting the fundamentals of legal regulation the content of normative acts of different levels overlaps. Proposals were made to consider some questions of regulation as an integral part of technological security of Russia but not as a basic technical regulation. A special attention at the panel was drawn to the questions of setting up in Russia a uniform hierarchical system of legal acts of technical regulation. Unanimity was achieved as to unifying technical regulation within the Customs Union.