| Article title | Technical Regulation in Economic Activity |
|---|---|
| Authors |
OLEKSANDR BEZUKH
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 5 / 2018 |
| Pages | 30 - 45 |
| Annotation | The modern market relations may not be established without forming a competitive environment, overcoming the barriers to trade, enhancing the competitiveness of national products, and ensuring efficient protection of the national consumer market from hazardous products. These tasks are resolved by means of the technical regulation system which, in accordance with the experience of other countries and laws and regulations adopted in Ukraine, actually consists of the standardization system and the system of conformity assessment and confirmation and metrology. The system of technical regulation formed in Ukraine is characterized by a certain inconsistency concerning requirements to goods and their circulation, and ambiguity with which legal professionals use the terminology; furthermore, the substance of technical regulation is studied mostly by specialists of technical and natural sciences, who do not consider technical regulation within the framework of market economic relations. This situation results from underestimation of this legal phenomenon within the framework of economic legal relations and in the context of the setup of conditions for turnover of goods on the market. The purpose of the article is to identify the position held by technical regulation in the system of economic law. The article establishes that technical regulation is a sub-branch of economic law regulating the entirety of relations associated with fulfillment of mandatory requirements (legal provisions) applicable to characteristics of products, or to production processes and methods related thereto, which arise in each chain of goods turnover on the market, as well as the rights and obligations of economic entities and the conditions of goods turnover, from entry of a product into circulation and further setup of surplus value with its use, up to its consumption or withdrawal from the market, and market supervision. Legal provisions regarding the fulfillment of mandatory requirements to characteristics of products, or to production processes and methods related thereto as provided for by statutory instruments on technical regulation, in case of occurrence of certain legal facts, give rise to complex legal relations which may ensue from contracts, facts of damage, breach of public economic law and order and economic competition, consumer protection etc. The author proves that statutory instruments on technical regulation establish certain technical and information requirements to economic entities, goods and conditions of their turnover on the market. Non-compliance with requirements of such statutory instruments on technical regulation annihilates the presumption of conformity of the goods to requirements of current law and forms the basis for preventing the access of a respective product for circulation on the market, or emergence of legal relations for consumer rights protection and protection of economic competition. It is established that understanding and application of the terminology in the technical regulation domain, including by the competent authorities of Ukraine, is contradictory, and this gives an impression of inconsistency with the technical regulation system of the European Union. In Ukraine, there is no classification and systematization of laws and regulations which have the actual status of technical regulations.
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| Keywords | technical regulation; conformity assessment; goods turnover on the market; consumer rights protection; economic competition |
| References |
List of legal documents
Legislation
8. Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 16 sichnia 2003 r. № 435-IV. URL: http://zakon.rada.gov.ua/laws/ show/435-15 (accessed: 05.05.2018) (in Ukrainian).
Journal articles
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