For violation of the requirements of technical regulations, the manufacturer (performer, seller, person performing the functions of a foreign manufacturer) is liable in accordance with the law Russian Federation.
In the event that, as a result of product non-compliance with the requirements of technical regulations, violations of the requirements of technical regulations during the implementation of production processes, operation, storage, transportation, sale and disposal, harm is caused to the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants, or there is a threat of causing such harm, the manufacturer (performer, seller, person performing the functions of a foreign manufacturer) is obliged to compensate for the harm caused and take measures to prevent harm to other persons, their property, and the environment in accordance with the legislation of the Russian Federation. The obligation to compensate for damage cannot be limited by agreement or statement of one of the parties. Agreements or disclaimers are void.
The manufacturer (performer, seller, person performing the functions of a foreign manufacturer), who has become aware of the non-compliance of products released into circulation with the requirements of technical regulations, is obliged to inform the authority about this state control(supervision) 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. Within ten days from the receipt of information about product non-compliance with the requirements of technical regulations, if the need to establish more long term does not follow from the essence of the activities being carried out, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to verify the accuracy of the information received. At the request of the state control (supervision) body, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to submit the materials of the specified inspection to the state control (supervision) body.
If information is received about a product’s non-compliance with the requirements of technical regulations, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to take the necessary measures to ensure that before the completion of the inspection, the possible harm associated with the circulation of this product does not increase. When confirming the accuracy of information about the non-compliance of products with the requirements of technical regulations, the manufacturer (seller, person performing the functions of a foreign manufacturer) within ten days from the moment of confirmation of the accuracy of such information is obliged to develop a program of measures to prevent harm and coordinate it with the state control (supervision) body in in accordance with his competence. The program should include measures to notify acquirers of the presence of a threat of harm and ways to prevent it, as well as the timing of the implementation of such measures. If it is necessary to incur additional costs to prevent harm, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to take all measures to prevent harm on its own, and if it is impossible to carry them out, announce a product recall and compensate for losses caused to purchasers due to a product recall. Elimination of defects, as well as delivery of products to the place where defects are eliminated and return to purchasers are carried out by the manufacturer (seller, person performing the functions of a foreign manufacturer) and at his expense.
If the threat of harm cannot be eliminated, the manufacturer (seller, person performing the functions of a foreign manufacturer) is obliged to immediately suspend the production and sale of products, recall the products and compensate the purchasers for losses incurred in connection with the recall of the products. In case of failure to comply with instructions or failure to comply with a program of measures to prevent harm, the state control (supervision) body in accordance with its competence, as well as other persons who become aware of the failure of the manufacturer (seller, person performing the functions of a foreign manufacturer) to comply with the program of measures to prevent harm harm, has the right to file a claim in court for a forced recall of the product. If the claim for a forced recall of products is satisfied, the court obliges the defendant to take certain actions related to the recall of products within the period established by the court, and also to bring the court decision no later than one month from the date of its entry into legal force to the attention of purchasers through the media or otherwise way. If the defendant does not comply with the court decision in fixed time, the plaintiff has the right to perform these actions at the expense of the defendant and recover the necessary expenses from him. For violation of the requirements of the law on product recall, criminal and administrative measures may be applied in accordance with the legislation of the Russian Federation. When exercising state supervision over compliance mandatory requirements state standards and for certified products (services), state inspectors for the supervision of state standards of territorial bodies of Gosstandart, on the basis of inspection reports of enterprises, take measures aimed at suppressing, eliminating and preventing violations and the causes that caused them. For these purposes, in accordance with PR 50.1.007, they issue instructions to violators and impose penalties for violating the mandatory requirements of standards, certification rules and failure to comply with instructions.
The instructions may be as follows:
- 1) on eliminating identified violations of mandatory requirements, in particular safety requirements (when the violations can be eliminated). For evasion of execution or untimely execution, fines in the amount of up to 5,000 minimum wages (hereinafter referred to as the minimum wage) are applied;
- 2) on the suspension of the sale of manufactured products and the provision of services in case of their non-compliance with the mandatory requirements of state standards. For evasion of execution, a fine equal to the cost is applied products sold(services) or in the amount of up to 10 thousand rubles;
- 3) to stop the production (when the causes of harm to the product cannot be eliminated) and sale of dangerous goods. For evasion of execution, a fine of up to 5,000 minimum wages is applied;
- 4) about recalls from consumers of dangerous goods. For failure to comply with the order or causing damage with these goods, a fine of up to 5,000 minimum wages is imposed.
For violation of the rules of mandatory certification of goods (work, services), certification bodies (CBs) are subject to fines in the amount of twice the cost of the relevant goods (work, services). Violation of the rules may result in the unreasonable issuance of a certificate of conformity:
with negative test results;
if the compliance of goods (works, services) with the requirements of the standards has not been proven (for example, the test program has not been followed, tests have not been carried out in accordance with all safety requirements);
when a certificate of conformity is issued for goods (work, services) that are not included in the scope of OS accreditation;
when a certificate of conformity is issued to the OS after the expiration of its accreditation certificate, its suspension or cancellation.
On testing laboratories(IL) and centers are imposed fines in the amount of twice the cost of the relevant goods (work, services) for providing unreliable test results of goods (work, services) during their mandatory certification.
Cases involving the imposition of fines are considered with the participation of representatives of the subject economic activity, manufacturer (performer, seller), OS, IL, others interested parties within 15 days from the date of receipt of the inspection report.
The Law of the Russian Federation “On Certification of Products and Services” states that legal entities and individuals, as well as federal executive authorities, guilty of violating mandatory certification, in accordance with current legislation, bear criminal, administrative or civil liability. The Law of the Russian Federation “ On Standardization” also provides for criminal, administrative and civil liability for violation of the provisions of the law, in particular for failure to comply with the mandatory requirements of state standards.
In accordance with Art. 170 of the RSFSR Code of Administrative Offenses on officials or citizens registered as individual entrepreneurs, for violation of the mandatory requirements of state standards, rules of mandatory certification, a fine ranging from 5 to 100 minimum wages is imposed. At the same time, the following actions are classified as violations of the rules of mandatory certification:
sale of certified products that do not meet the requirements ND,
to which it is certified;
sale of certified products without a certificate of conformity or without indicating in the accompanying technical documentation information about certification or normative documents to which the specified products must comply; or failure to communicate this information to the consumer (buyer, customer);
1.4. Responsibility for violation of mandatory requirements of standards
In foreign practice, the requirements of standards are required to be fulfilled in accordance with general law or if this standard has a mandatory reference in the technical regulations or in the Directive.
link with strong identification, i.e. indicating the number, publication date and edition number of a specific standard (or several specific standards). This is due to the subsequent revision of the standard: it will be in force only after changes are made to the regulations;
link with rolling identification, i.e. the standard(s) are identified (indicated in the regulations) only by a number. This makes it possible to revise the standard and put it into effect regardless of changes to the regulations;
Liability exists for violation of a standard to which there is a mandatory reference. This reference indicates that compliance with the standards(s) identified therein - the only way to achieve product compliance with the requirements of technical regulations.
Technical regulations may include an indicative reference. This type of reference to a standard is essentially a form of provision aimed at achieving compliance. In other words, compliance with the standards contained in these references is considered to be one of the ways to achieve compliance with the requirements of the regulations.
According to the Law of the Russian Federation “On Standardization”, liability for violation of its provisions lies with legal entities and individuals, bodies government controlled. In accordance with the legislation in force in Russia, liability is criminal, administrative or civil in nature. Violations are detected by state control and supervision services over compliance by business entities with the mandatory requirements of state standards, which is discussed further in Chapter. 2.
Violation by officials or citizens who are registered as individual entrepreneurs, mandatory requirements of state standards for the sale, operation, transportation and storage of products entail a fine in the amount of five to 100 times the minimum wage. The same punishment is determined for evasion of legal and individuals from presenting products, as well as information about them and relevant documentation to state supervisory authorities*.
* RSFSR Code of Administrative Offenses, Art. 170.
Since January 1, 1997, special criminal liability has been established for deceiving consumers regarding the quality of goods established by the contract (in the areas of trade in goods and provision of services), as well as for the production and sale of goods and services that do not meet safety requirements. Criminal liability for violation of product standards industrial purposes is not provided for, and administrative liability is established for failure to comply with mandatory requirements during its sale (supply), use, transportation and storage. Civil liability for violation of quality requirements is determined on the basis of the provisions of civil law.
Self-control tests*
1. Goals of standardization:
a) establishment of mandatory norms and requirements,
c) elimination of technical barriers to international trade.
2. A mandatory regulatory document is:
a) national (state) standard,
b) technical regulations,
c) enterprise standard.
3. International standards can be applied in Russia:
a) after the introduction of the requirements of the international standard GOST R,
b) before adoption as GOST R.
*See the answers at the end of the book.
Chapter 2. Organization of standardization work in the Russian Federation
Legal basis standardization and its tasks. Standardization bodies and services. The procedure for developing standards. State control and supervision of compliance with mandatory standards. Labeling of products with a sign of compliance with state standards.
2.1. Legal basis of standardization and its tasks
Basic legislative acts. The legal basis for standardization in Russia is established by the Law of the Russian Federation “On Standardization”. The provisions of the Law are mandatory for implementation by all government bodies, business entities, regardless of the form of ownership, as well as public associations.
The law defines measures of state protection of the interests of consumers and the state through requirements, rules, regulations introduced into state standards during their development, and state control over the implementation of mandatory requirements of standards during their application.
The law interprets the essence of standardization in the Russian Federation as activities aimed at determining norms, rules, requirements, characteristics that should ensure the safety of products, works and services, their technical and information compatibility, interchangeability, quality of products (services) in accordance with the achievements of scientific and technical progress. Norms and requirements of standards may also relate to the safety of economic facilities in emergency situations (for example, natural and man-made disasters); to the country's defense capability and mobilization readiness.
In addition to this law, relations in the field of standardization in Russia are regulated by acts of legislation of the Russian Federation issued in accordance with it, for example, Federal Law“On introducing amendments and additions to the legislative acts of the Russian Federation in connection with the adoption of the laws of the Russian Federation “On standardization”, “On ensuring the uniformity of measurements”, “On certification of products and services” (1995); Decrees of the Government of the Russian Federation adopted in pursuance of the Law “On Standardization”, orders of the State Standard of the Russian Federation. For example, by order of the Gosstandart of the Russian Federation, the “Procedure for the State Control and Supervision by the Gosstandart of Russia of compliance with the mandatory requirements of state standards, rules of mandatory certification and certified products” was approved.
The Law “On Standardization” regulates:
organization of standardization work,
information support for standardization work,
organization and rules for state control and supervision of compliance with mandatory requirements of state standards,
financing of work on state standardization, state control and supervision,
encouraging the use of state standards,
liability for violation of the provisions of the Law “On Standardization”.
Based on the legal norms of the law, the principles and tasks of standardization in Russia are determined. Principles of standardization the following:
the feasibility of developing a standard is determined by analyzing its need in social, economic and technical aspects;
the priority direction of standardization is the safety of the standardization object for humans and the environment, ensuring compatibility and interchangeability of products;
standards should not be a technical barrier to trade. To do this, it is necessary to take into account international standards (and their projects), rules, norms of international organizations and national standards of other countries;
the development of a standard should be based on mutual agreement of the parties interested and participating in it (consensus). In this case, everyone’s opinion on all issues of mutual interest must be taken into account;
developers of regulatory documents must comply with: legislative norms, rules in the field of state control and supervision, the interconnection of standardization objects with metrology and with other standardization objects; optimality of requirements, norms and characteristics included in the standards;
standards must be updated in a timely manner so as not to be a brake on scientific and technological progress in the country;
mandatory requirements of standards must be verifiable and suitable for the purposes of conformity certification;
the standards applied at these levels of management should not duplicate each other.
These principles are implemented in the implementation of the fundamental standards of the State Aircraft System tasks:
ensuring mutual understanding between all interested parties;
establishing optimal requirements for the nomenclature and quality of the standardization object in the interests of the consumer and the state;
determination of requirements for safety, compatibility (structural, electrical, electromagnetic, information, software, etc.), as well as interchangeability of products;
unification of structural parts of products;
development of metrological standards and regulatory and technical support for measurements, testing, quality assessment and product certification;
optimization of technological processes in order to save material, energy and human resources;
creation, maintenance and harmonization with international rules of classification and coding systems for technical and economic information;
organization of systemic provision of consumers and all interested parties with information about the range and quality of products, services, processes by creating a catalog system, etc.
The difficulties characteristic of the transition period in Russia also pose narrower, more specific tasks for standardization, which include saturating the market with safe consumer goods and establishing civilized barriers to the entry of low-quality imported goods into the Russian market. In this direction, close interaction between standardization and certification is necessary.
Fundamental standards of the State Standardization System (GSS). In accordance with the Law “On Standardization” in the Russian Federation there is State system standardization. Methodological issues of its organization and functioning are set out in the complex of state fundamental standards “State standardization system of the Russian Federation”, new edition which came into force on April 1, 1994. This complex includes documents:
GOST R 1.0-92 “State standardization system of the Russian Federation. Basic provisions";
GOST R 1.2-92 “State standardization system of the Russian Federation. The procedure for developing State Standards";
GOST R 1.4-93 “State standardization system of the Russian Federation. Standards of industries, standards of enterprises, scientific, technical, engineering societies and others public associations. General provisions";
GOST R 1.5-92 “State standardization system of the Russian Federation. General requirements to the construction, presentation, design and content of standards";
PR 50.1.001-93 “Rules for coordination and approval of technical specifications.”
The standardization system adopted in the Russian Federation provides and maintains up to date a unified technical language, unified series of the most important technical characteristics of products, a system of building codes and regulations; standard size ranges and standard product designs for general mechanical engineering and construction; classification system for technical and economic information, reliable reference data on the properties of materials and substances.
In market conditions, standardization performs three functions: economic, social and communicative.
The economic function allows interested parties to obtain reliable information about products, and in a clear and convenient form. When concluding an agreement (contract), a reference to the standard replaces the description of information about the product and obliges the supplier to fulfill the specified requirements and confirm them; in the field of innovation, analysis of international and progressive national standards allows us to learn and systematize information about the technical level of products, modern methods testing, technological processes, and also (which is important) to eliminate duplication; standardization of test methods makes it possible to obtain comparable characteristics of products, which plays a big role in assessing the level of competitiveness of a product (in this case, technical competitiveness); standardization of technological processes, on the one hand, helps to improve product quality, and on the other, improves the efficiency of production management.
However, there is another side to the standard technological process: the possibility comparative assessment competitiveness of the enterprise for the future. The constant use of only standardized technologies cannot provide a technological breakthrough, and therefore, leading positions in the world market.
The social function of standardization is that it is necessary to strive to include in standards and achieve in production such quality indicators of the standardization object that promote health care, sanitary and hygienic standards, safety in use and the possibility of environmentally friendly disposal of the product.
The communicative function is associated with achieving mutual understanding in society through the exchange of information. This requires standardized terms, interpretations of concepts, symbols, uniform rules office work, etc.
Financing of state standardization. Work on state standardization is financed in accordance with the provisions of the Law “On Standardization”. It highlights those areas of activity that are financed by the state and provides sources of funding.
State funding is provided for:
development of standards containing mandatory requirements for the object of standardization in accordance with Russian legislation;
works related to the creation of all-Russian classifiers of technical and economic information, publication of information about the publication of these documents;
formation and maintenance federal fund state standards and the State Register of products and services that have been certified for compliance with the mandatory requirements of state standards;
scientific works related to important standardization problems of national importance;
activities in international standardization organizations.
State control and supervision of compliance with mandatory requirements of standards is also highlighted by the Law as an important object for public funding.
Sources of cash receipts for the implementation of this legislative provision should be: implementation of published (republished) state standards, all-Russian classifiers of technical and economic information; catalog of certified products and services; part of the fines collected during state supervision.
The state provides support not only to those organizations that create regulatory documents on standardization, but also to those business entities that produce products or offer services marked with a sign of compliance with the mandatory requirements of state standards, which is confirmed through certification.
Special economic support is intended for those enterprises that produce new promising views products in accordance with the preliminary (prospective) requirements of the standards.
2.2. Standardization bodies and services
State Committee of the Russian Federation for Standardization. According to ISO/IEC Guide 2, standardization activities are carried out by relevant bodies and organizations. An authority is viewed as a legal or administrative unit with specific tasks and structure. These can be authorities, companies, institutions.
A standardization body is a body whose activities in the field of standardization are generally recognized at the national, regional or international levels. The main functions of such a body are the development and approval of regulatory documents accessible to a wide range of consumers. However, it can perform many other functions, which is especially typical for a national standardization body.
The national standardization body in Russia is the State Committee of the Russian Federation for Standardization and Metrology (Gosstandart of Russia). This is a federal executive body that carries out intersectoral coordination, as well as functional regulation in the field of standardization, metrology and certification.
The State Committee of the Russian Federation for Standardization and Metrology is the legal successor of the abolished Ministry of Industry and Trade of the Russian Federation in relation to the functions of implementing state policy in the field of standardization, metrology and certification.
The State Committee of the Russian Federation for Standardization and Metrology is a specially authorized federal executive body in the field of certification. The Chairman of the State Committee of the Russian Federation for Standardization and Metrology is the chief state inspector of the Russian Federation for the supervision of state standards and ensuring the uniformity of measurements.
The State Committee of the Russian Federation for Standardization and Metrology is in charge of state inspectors for the supervision of state standards and ensuring the uniformity of measurements, as well as centers of standardization, metrology and certification, enterprises, institutions, educational institutions and other organizations.
Gosstandart of Russia performs the following functions:
coordinates the activities of government authorities related to issues of standardization, certification, metrology;
interacts with the authorities of the republics within the Russian Federation and other subjects of the Federation in the field of standardization, certification, metrology;
directs the activities of technical committees and business entities on the development, application of standards, and other problems in accordance with its competence;
prepares draft laws and other legal acts within its competence;
establishes the procedure and rules for carrying out work on standardization, metrology, certification;
accepts most state standards, all-Russian classifiers technical and economic information;
carries out state registration regulatory documents, as well as standard samples of substances and materials;
manages the accreditation of testing laboratories and certification bodies;
carries out state supervision over compliance with mandatory requirements of standards, metrology rules and mandatory certification;
represents Russia in international organizations dealing with issues of standardization, certification, metrology and in the Interstate Council of the CIS;
cooperates with relevant national authorities of foreign countries;
manages the work of research institutes and territorial bodies performing the functions of Gosstandart in the regions;
exercises control and supervision over compliance with mandatory requirements of state standards, rules of mandatory certification;
participates in work on international, regional and interstate (within the CIS) standardization;
establishes the rules for the application of international, regional and interstate standards, norms and recommendations in Russia*;
* In this area of its activities, the State Standard of the Russian Federation takes into account international treaties and agreements of Russia with other states.
when developing state standards, determines organizational and technical rules; forms and methods of interaction between business entities both among themselves and with government authorities, which will be included in the regulatory document;
organizes training and advanced training of specialists in the field of standardization.
The management and coordination of standardization work in the field of construction is carried out by the Gosstroy of Russia, and others government bodies departments have the right to participate in standardization in accordance with their competence. They can create the necessary services and divisions in their organizational structure and appoint parent standardization organizations.
The organizational structure of Gosstandart includes divisions for the implementation of a significant amount of work: 19 research institutes, 13 pilot plants, Standards Publishing House, 2 printing houses, 3 educational institutions, more than 100 territorial centers of standardization, metrology and certification (CSM). These centers carry out work on certification of products (services), calibration of measuring instruments, and provide engineering and technical support for standardization, metrology, and certification. Certification bodies and testing laboratories are being created on the basis of the territorial bodies of Gosstandart. As of 1996, more than 500 certification bodies were accredited various types services and about 2000 testing laboratories.
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In foreign practice, the requirements of standards are required to be fulfilled in accordance with general law or if this standard has a mandatory reference in the technical regulations or in the Directive.
This is due to the subsequent revision of the standard: it will be in force only after changes are made to the regulations;
Link with rolling identification, i.e. the standard(s) are identified (indicated in the regulations) only by a number. This makes it possible to revise the standard and put it into effect regardless of changes to the regulations;
Liability exists for violation of a standard to which there is a mandatory reference. This reference indicates that compliance with the standards(s) identified therein - the only way to achieve product compliance with the requirements of technical regulations.
Technical regulations may include an indicative reference. This type of reference to a standard is essentially a form of provision aimed at achieving compliance. In other words, compliance with the standards contained in these references is considered to be one of the ways to achieve compliance with the requirements of the regulations.
According to the Law of the Russian Federation “On Standardization”, legal entities and individuals and government bodies bear responsibility for violation of its provisions. In accordance with the legislation in force in Russia, liability is criminal, administrative or civil in nature. Violations are detected by state control and supervision services over compliance by business entities with the mandatory requirements of state standards, which is discussed further in Chapter 2.
Violation by officials or citizens who are registered as individual entrepreneurs of the mandatory requirements of state standards during the sale, operation, transportation and storage of products entails a fine in the amount of five to 100 times the minimum wage. The same punishment is determined for the evasion of legal entities and individuals from presenting products, as well as information about them and relevant documentation to state supervisory authorities.
Since January 1, 1997, special criminal liability has been established for deceiving consumers regarding the quality of goods established by the contract (in the areas of trade in goods and provision of services), as well as for the production and sale of goods and services that do not meet safety requirements. There is no criminal liability for violating the requirements of standards for industrial products, and administrative liability is established for failure to comply with mandatory requirements during its sale (supply), use, transportation and storage. Civil liability for violation of quality requirements is determined on the basis of the provisions of civil law.
There is an established order of management.
2. The objective side of the offense provided for in Part 1 of Art. 19.19, is that the perpetrator violates the mandatory requirements (i.e. ignores them, acts contrary to them or partially complies) of state standards (approved in accordance with the Law on TR and other regulatory legal acts adopted by the Government of the Russian Federation and other federal bodies state power in development of the provisions of this Law) during sales (i.e. delivery, exchange, contracting, purchase and sale, etc.), use (operation), storage (including in commodity warehouses, in own warehouses premises), transportation (by road, by rail, river boat, etc.) or disposal (for example, by crushing, processing, crushing). On the other hand, the objective side of this administrative offense does not cover such actions (inactions) as:
1) production or circulation of ethyl alcohol, alcoholic or alcohol-containing products that do not meet the requirements of state standards (see commentary to Article 6.14);
2) operation of a vehicle with standards exceeding state standards (see commentary to Article 8.23);
3) violation of GOST requirements in the field of construction (see commentary to Article 9.4);
4) management vehicle with non-standard registration plates or those installed in violation of GOST requirements (see commentary to Article 12.2);
5) violation of the rules of operation of radio-electronic equipment and (or) high-frequency devices, rules of radio exchange in case of non-compliance with state standards (see commentary to Article 13.4);
6) production, sale or operation technical means that do not meet the standards (see commentary to Article 13.8);
7) sale of goods, performance of work, provision of services to the population that do not meet the requirements of GOST (see commentary to Article 14.4);
8) violation of fire safety requirements established by the standards (see commentary to Article 20.4).
The objective side of the analyzed administrative offense is also evident when the culprit evades (i.e. postpones deadlines, violates them and again promises to present) from presenting products, documents and information necessary for state control and supervision (over the products’ compliance with GOSTs).
This act is considered completed from the moment it is committed. It occurs both in the form of actions and inaction (for example, when evading the provision of products for control). See also the letter of Rospotrebnadzor dated December 3, 2008 N 01/14303-8-32 “On the application of technical regulations.”
3. The objective side of what is provided for in Part 2 of Art. 19.19 of an administrative offense is that the offender violates the rules of mandatory certification by:
1) sale (for example, supply, exchange) of certified products that do not meet the requirements of regulatory documents (issued in accordance with the TR Law, regulatory legal acts of federal executive authorities adopted in its development), for compliance with which the products have undergone the certification procedure;
2) sales of certified products without a certificate of conformity (it must be issued on a standard form and contain all necessary details, signatures, seals, etc.), without a mark of conformity (applied to the product itself, products, containers and packaging), without indication in accompanying documents for products (in the passport, technical data sheet, instructions, in the supply agreement, etc.) information about certification (i.e. that the product was in in the prescribed manner certified) products or information about regulatory documents(approved by authorized government agencies), which the products sold must comply with;
3) miscommunication (for example, by distributing special booklets, texts, additional documents to technical documentation, all kinds of declarations, conclusions, summary acts, etc.) information on certification to the consumer (buyer, customer) of products;
4) presentation of unreliable (i.e. distorted, incomplete, false, etc.) product test results (including information about allegedly conducted tests);
5) issuing a certificate of conformity for products that have not passed certification (including if they were not submitted for certification). For example, the culprit issues a declaration of conformity, although the product was not even submitted for certification.
On the other hand, the objective side of this administrative offense does not cover the actions (inaction) of the perpetrator, consisting in the fact that the latter:
a) used uncertified means of communication or provided uncertified communication services (see commentary to Article 13.6);
b) used uncertified Information Systems, databases and data banks, as well as uncertified information security tools (see commentary to Article 13.12);
c) sold goods, performed work, provided services to the public without a declaration of conformity (see commentary to Article 14.4);
d) sold alcoholic and alcohol-containing products without a certificate of conformity (see commentary to Article 14.16);
e) violated fire safety requirements (see commentary to Article 20.4);
f) violated the rules for certification of weapons and ammunition (see commentary to Article 20.14).
If the culprit committed the above-mentioned actions (inaction), then additional qualifications under Art. 19.19 the administrative offense committed by him does not require (i.e. the administrative offense provided for in Part 2 of Article 19.19 is general character in relation to the administrative offenses listed above). See also the order of the Ministry of Industry and Energy dated March 22, 2006 N 53 (as amended on April 21, 2009) “On approval of the form of the certificate of product conformity to the requirements of technical regulations.”
This act is considered completed from the moment it is committed: it can be committed both in the form of actions and inaction (for example, failure to submit a certificate of conformity, a declaration of conformity).
4. The objective side of the administrative offense provided for in Part 3 of Art. 19.19, is that the offender violates the rules:
1) checking measuring instruments (scales, instruments that determine the density, composition, recipe, etc. of products);
2) certified requirements (in authorized bodies, institutions, organizations) measurement techniques. They are usually communicated to interested parties by standardization and metrology bodies;
3) requirements for the state (technical, updated, etc.) of standards related to products;
4) requirements of established units of quantities or metrological rules and regulations in trade. These units and rules are approved by standardization and metrology bodies in accordance with the Law on TR Certification and regulatory legal acts of federal executive authorities.
The objective side of this offense includes the release (i.e. manufacturing, production), and sale (including delivery, exchange), and rental of products, and the use of measuring instruments, the types of which are not approved, or the use of unverified measuring instruments ( including those made by the guilty in a handicraft manner, borrowed from another person).
This act is considered completed from the moment when any of the mentioned actions is completed.
3. The subjects of administrative offenses are:
1) officials (for example, director of a store, trade and wholesale center), incl. individual entrepreneurs (see commentary to Articles 2.4, 2.5);
2) legal entities(see commentary to Articles 2.1, 2.10).
The Supreme Court explained that based on the subject composition and essence of administrative offenses regulated by Art. 19.19, these rules must apply to legal relations arising during the production of products, their composition and certification, and apply to product manufacturers. The concept of products is considered as a result production activities. If at the time of sale of the goods there is no certificate of conformity (declaration of conformity) at the place of sale, the guilty person may be held liable on the basis of Part 2 of Art. 14.4 (clause 13 of the Review dated 08/01/07).
4. The subjective side of administrative offenses is characterized by either intent or negligence (see.
In foreign practice, the requirements of standards are required to be fulfilled in accordance with general law or if this standard has a mandatory reference in the technical regulations or in the Directive.
This is due to the subsequent revision of the standard: it will be in force only after changes are made to the regulations;
Link with rolling identification, i.e. the standard(s) are identified (indicated in the regulations) only by a number. This makes it possible to revise the standard and put it into effect regardless of changes to the regulations;
General reference, i.e. indication in the regulations of all standards, which operate in a certain areas and (or) adopted by a specific body. There is no separate identification of each standard.
Liability exists for violation of a standard to which there is a mandatory reference. This reference indicates that compliance with the standards (standard) identified therein is the only way to achieve product compliance with the requirements of the technical regulations.
Technical regulations may include an indicative reference. This type of reference to a standard is essentially a form of provision aimed at achieving compliance. In other words, compliance with the standards contained in these references is considered one of the ways to achieve compliance with the requirements of the regulation.
According to the Law of the Russian Federation “On Technical Regulation”, legal entities and individuals and government bodies bear responsibility for violation of its provisions. In accordance with the legislation in force in Russia, liability is criminal, administrative or civil in nature. Violations are identified by state control and supervision services over compliance by business entities with the mandatory requirements of state standards.
Violation by officials or citizens who are registered as individual entrepreneurs of the mandatory requirements of state standards during the sale, operation, transportation and storage of products entails a fine in the amount of five to 100 times the minimum wage. The same punishment is determined for the evasion of legal entities and individuals from presenting products, as well as information about them and relevant documentation to state supervisory authorities.
Since January 1, 1997, special criminal liability has been established for deceiving consumers regarding the quality of goods established by the contract (in the areas of trade in goods and provision of services), as well as for the production and sale of goods and services that do not meet safety requirements. There is no criminal liability for violating the requirements of standards for industrial products, and administrative liability is established for failure to comply with mandatory requirements during its sale (supply), use, transportation and storage. Civil liability for violation of quality requirements is determined on the basis of the provisions of civil law.
CONCLUSION
Based on all the material that was presented in the main part, we can say that the assigned tasks were completed, but the topic of this abstract was not fully disclosed due to the complexity of the object under study.
The research method and methodology contributed to the disclosure of the topic, but for a more accurate study, the amount of scientific and methodological literature should be increased.
Only part of the subjects included in the topic was highlighted, which led to incomplete analysis and inaccurate fulfillment of the goal.
The structure of the abstract corresponds to the purpose and objectives of the study.
The object of study should be studied in more detail, taking into account all aspects and characteristics.
LIST OF SOURCES AND LITERATURE USED
1. Dimov Yu.V. Metrology, standardization and certification. St. Petersburg: Peter, 2nd edition, 2004-432 p.
2. Krylova G. D. Fundamentals of standardization, certification, metrology. M.: UNITY-DANA, 3rd edition, 1999-340 p.
3. Alekseev V. S., Belova L. A. Metrology, standardization and certification. Crib. M.: liters, 2009-32 p. http://allformgsu.ru/
