State regulation of the activities of participants in trade. Methods of state regulation of trading activities. State metrological requirements

Direct methods include methods of administrative and legal impact on subjects: regulation of the rules for the sale of goods and services, licensing, quotas, establishing minimum sizes the authorized capital of trade enterprises and organizations of certain organizational and legal forms of activity; control federal property; strategic planning.

“Direct methods imply government intervention in the functioning of the market mechanism, in particular, in pricing processes, income policy, namely: freezing or admitting a certain amount of price increases and wages, restrictions on changes in indicators in the monetary system, the use of quotas and others.

The transition to a market economy in our country has radically changed the content and essence of economic relations between participants in the process of their activities, while their legal regulation.

The state carries out its regulation on the basis of normative legal acts that establish: the structure of the bodies state regulation trading activities, legal position enterprises and trade organizations, the procedure for the conclusion and execution of business contracts and trade deals, legal protection of the property of commercial entities, the procedure for resolving disputes between commercial enterprises and organizations, trade rules, protection of consumer rights, the formation and procedure for regulating certain issues contract system, issues related to the ethical side of trade activities, etc.

State regulation of commercial activities is based on the provisions of the Constitution Russian Federation- the highest legal act of the state. All regulations related to the regulation of trade must comply with constitutional principles and principles.

Indirect methods - the implementation of an indirect impact on market conditions. These are indirect measures of financial and monetary policy, taxes, subsidies, export promotion, foreign exchange measures, indicative planning and other measures of influence. They are focused on creating conditions for the activities of economic entities, stimulating their activities in the direction desirable for society and the state; providing an information environment for the activities of enterprises of various organizational and legal forms of management; application of tax incentives, simplicity of the tax system, economic motivation; control over pricing and other financial instruments.

When selling goods (works, services), the taxpayer includes the amount of tax in the price of goods (works, services) presented for payment to the buyer (customer). The amount indicated is determined as a percentage of the price of the product, excluding sales tax, corresponding to the tax rate.

The amount of tax is necessarily highlighted in a separate line in all primary accounting documents that determine the cost of goods (works, services) sold - price tags, invoices, invoices, sales receipts, price lists for services provided, books for accounting of expenses and income, etc. NS. Sales tax amounts are directed to social needs of low-income groups of the population.

In accordance with the Federal Law "On a single tax on imputed income for certain types of activities" dated July 31, 1998, No. 148-F3, the Voronezh Regional Duma, No. 70-P-03, dated December 24, 1998, adopted the Law "On a single tax on temporary income. for certain types of activities carried out on the territory Voronezh region". From the day of the introduction of the single tax on the territory of the Voronezh Region, payments to state extra-budgetary funds, as well as taxes provided for by Articles 19-21 of the Law of the Russian Federation "On the Fundamentals of the Tax System in the Russian Federation", are not levied, with the exception of: state duty; customs duties and other customs payments; license and registration fees; purchase tax Vehicle; vehicle owner tax; land tax; tax on the purchase of foreign banknotes and payment documents denominated in foreign currency; income tax paid by individuals engaged in entrepreneurial activities without forming a legal entity, from any income, except for income received when carrying out entrepreneurial activities in the areas specified in Art. 3 of this law; withholding amounts of income tax, as well as value added tax and tax on income from a source in the Russian Federation in cases where legislative acts of the Russian Federation on taxes establish an obligation to withhold tax at the source of payments.

Payers of the single tax are legal entities and individuals carrying out entrepreneurial activities without forming a legal entity, in particular in the field of retail trade, through stores with up to 30 employees (regardless of the total number of employees in the organization, with an entrepreneur), stalls, markets, trays, stalls, trade pavilions and other places of trade organization, incl. do not have a stationary retail space; in providing transport services entrepreneurs and small businesses employing up to 100 people. "

The introduction of the single tax was supposed to ease the tax pressure on enterprises operating openly, and at the same time replenish the budget at the expense of tax evaders.

“In order to ensure a unified public policy when regulating and protecting the rights of citizens, protecting their legitimate interests, morality and health, in order to establish a single market by the Federal Law No. 158-F3 "On licensing certain types of activities" dated 25.09.98. introduced licensing of certain types of activities. It should be noted that from the date of entry into force of this Law, trade in goods subject to excise taxes is carried out without a license. ”

The main directions and principles of state regulation of the trade industry, applied in the Russian Federation, are determined by the Law on "regulation of trade, which was developed with the aim of:

to ensure the unity of the economic space of Russia by establishing requirements for the organization and implementation of trade activities;
develop trading activities in order to meet the needs of industries in manufactured products, ensure the availability of goods for the population, create a competitive environment, support Russian manufacturers of goods;
ensure the observance of the rights and legitimate interests of participants in trading activities and the population;
to delineate the powers in the field of regulation of trade activities between the authorities of different levels.

This law regulates relations between state authorities, local governments and trade enterprises related to the organization and conduct of trade activities, as well as relations arising between trade enterprises in the course of trade activities. At the same time, the provisions of the law do not apply to relations arising in the process:

conducting foreign trade activities;
holding organized trades;
activities for the sale of goods on retail markets;
purchase and sale of securities, real estate, industrial and technical products (including electricity, thermal energy and power, other types of energy resources), trade in goods with limited circulation.

The listed relations are regulated by the relevant federal laws.

The law on state regulation of trade establishes the following methods of state regulation of trade activities:

1) requirements for the organization and implementation of trading activities;
2) antitrust regulation in the field of trading activities;
3) Information Support in the field of trading activities;
4) state control(supervision), municipal control in the field of commercial activities.

Also, the law explicitly states that other methods of state regulation of trading activities can be established only by federal laws.

The powers in the field of state regulation of trade activities in accordance with this law are distributed as follows.

To the powers RF government relate:

1) ensuring the implementation of state policy in the field of trade activities;
2) approval of the calculation methodology and the procedure for the establishment by the constituent entities of the Russian Federation of standards for the minimum provision of the population with the area of retail facilities;
3) approval of the methodology for calculating the volume of all sold food products within the boundaries of the constituent entities of the Russian Federation in monetary terms for the financial year and determining the share of the volume of all sold goods retail chains;

Federal executive body, performing the functions of developing public policy and legal regulation in the field of domestic trade, exercises the following powers:

1) approves guidelines on the development of regional trade development programs;
2) approves the form of the trade register, the procedure for its formation and the procedure for providing the information contained in it;
3) together with the statistics bodies, determine the content of the statistical reporting forms used in the field of trade activities, the timing of their submission;
4) other powers provided for by regulatory legal acts.

State authorities of the constituent entities of the Russian Federation in the field of state regulation of trading activities, they exercise the following powers:

1) implement the state policy in the field of trade activities in the territory of the constituent entity of the Russian Federation;
2) develop and adopt laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation in the field of state regulation of trade activities;
3) establish standards for the minimum provision of the population with the area of retail facilities for the constituent entity of the Russian Federation;
4) carry out information and analytical monitoring of the state of the market for a certain product and trade activities in the territory of the constituent entity of the Russian Federation;
5) develop and implement measures to promote the development of trading activities on the territory of the corresponding constituent entity of the Russian Federation;
6) other powers provided for by regulatory legal acts.

Local government bodies in accordance with the Law on State Regulation of Trade, they are obliged to create conditions for providing residents of the municipality with trade services.

Non-profit organizations(associations of trade enterprises, associations of suppliers of goods, associations, public associations and others) can also participate in the formation and implementation of state policy in the field of trade activities, for example:

1) participate in the development of draft regulatory legal acts of the Russian Federation in the field of trade activities, regional and municipal programs for the development of trade;
2) participate in the analysis of economic, social and other indicators of trade development in the territories of the constituent entities of the Russian Federation and municipalities, in assessing the effectiveness of the application of measures to support it, in the preparation of a forecast for the development of trade activities in the constituent entities of the Russian Federation and municipalities;
3) distribute Russian and foreign experience in the field of trading activities;
4) provide the necessary information for the formation and implementation of state policy in the field of trade activities;
5) prepare proposals for improving trading activities;
6) otherwise provided by regulatory legal acts.

Trading enterprises on their own define the following essential conditions for trading activities:

type of trade (wholesale and (or) retail trade);
a form of trade (in stationary trade facilities, outside stationary trade facilities, including at fairs, exhibitions, distribution trade, distribution trade, remote way of selling goods, selling goods using machines and other forms of trade);
method of trading (with the use of trade objects and (or) without the use of trade objects);
specialization of trade (universal trade and (or) specialized trade);
type of trade object (stationary and (or) non-stationary trade object);
grounds for the use of property in the implementation of trading activities (ownership and (or) other legal basis);
the procedure and conditions for conducting trading activities (assortment of goods, working hours, techniques and methods of selling goods, quantity, types, models technological equipment, inventory, ways of communicating to buyers information about the seller, about the goods and about the services provided, the prices of goods, the form of advertising distribution, the conditions for concluding contracts for the sale of goods, contracts repayable rendering services, other procedures and conditions for conducting trading activities).

For state or municipal enterprises and trade institutions, the procedure and conditions for conducting trade activities are established by the decision of the relevant state or municipal authorities.

The Law on State Regulation of Trade provides for free market pricing for most goods. The exception is goods for which federal laws provide for state regulation of prices, trade markups (markups) (including the establishment of a maximum and (or) minimum limit for the level of markup (markup)). For such goods, prices and trade markups (markups) are established in accordance with federal laws, other regulatory legal acts or regulatory legal acts of local governments.

The law contains provisions on the regulation of prices for certain goods in the event of an acceleration of price increases. So, the Government of the Russian Federation, if within thirty calendar days in a row on the territory of a separate constituent entity of the Russian Federation or several constituent entities of the Russian Federation, the increase in retail prices for certain types of socially significant foodstuffs of primary need will be 30% or more, it can set maximum permissible retail prices for these types of goods on the territory of such constituent entities of the Russian Federation for a period of not more than three months.

The law also seeks to limit the possibilities of pressure from retailers and trade networks on food suppliers and to reduce barriers to entry of suppliers into trade networks. For example, the law allows, when concluding a supply contract, to include only one type of remuneration in the contract - for the amount of food products purchased from a supplier. The amount of such remuneration cannot exceed 10% of the price of the goods. Such remuneration may include a contract for the supply of goods that are not socially significant food products. All other types of remuneration (for access to store shelves, etc.) are prohibited by law. Advertising and marketing services must be formalized by an agreement for the provision of paid services, and it is prohibited by law to include them as an integral part in the supply agreement. It is also prohibited to force the counterparty to conclude a contract for the provision of paid services aimed at promoting food products.

In accordance with this law, retail chains are obliged to post announcements about tenders for the supply of food products and the conditions for concluding contracts for the supply on their website on the Internet and provide suppliers with information at their request within 14 days from the date of receipt of the request. Suppliers are obliged to post offers for the supply of goods on their websites on the Internet and provide information on the quality and safety of the supplied food products within 14 days from the date of receipt of the request.

With regard to the duration of the deferred payment for food products, the law establishes the following rules:

1) food products, for which the shelf life is less than 10 days, are payable within ten working days from the date of their acceptance by the buyer;
2) food products for which the shelf life is set from 10 to 30 days inclusive, are payable within 30 calendar days from the date of their acceptance by the buyer;
3) food products for which the shelf life is over 30 days, as well as alcoholic beverages produced in the territory of the Russian Federation, are payable within forty-five calendar days from the date of their acceptance by the buyer.

The condition for observing these deadlines by the buyer is the timely submission by the supplier of documents related to the supply of goods in accordance with federal laws, regulatory legal acts of the Russian Federation and the contract for the supply of food products. If the supplier does not transfer the relevant documents to the buyer, the terms of payment for the goods are extended for the period when the supplier provides the documents.

The law is aimed at forming the principles of antimonopoly regulation in the field of organizing and carrying out trade activities. Thus, the law contains a direct prohibition on the creation of discriminatory conditions in the food market (creation of obstacles to access to the product market or exit from the product market of other economic entities, violation of the pricing procedure established by regulatory legal acts) and a prohibition on imposing the following conditions on the counterparty:

a) prohibiting the conclusion of contracts for the supply of goods with other suppliers;
b) on liability for non-fulfillment of the supplier's obligation to supply goods on terms better than those for other trading enterprises;
c) on providing the counterparty with information about contracts concluded with other counterparties;
d) on payment by the supplier for the right to supply goods to functioning or opening trade enterprises trading network;
e) on payment by the supplier for changing the range of food products;
f) on the reduction of the price of goods by the supplier to a level that, subject to the establishment of a trade markup (markup) to their price, will not exceed the minimum price of such goods when they are sold by other suppliers;
g) on compensation by the supplier of losses in connection with the loss or damage of goods after the transfer of ownership of them, unless the loss or damage occurred through the fault of the supplier;
h) on reimbursement by the supplier of costs not related to the execution of the contract for the supply of goods and the subsequent sale of a specific batch of such goods;
i) on the return to the supplier of goods not sold after a certain period, except in cases where the return of such goods is allowed or provided for by the legislation of the Russian Federation;
j) other conditions, if they contain essential features of the conditions provided for in the previous paragraphs.

All of the above conditions until the adoption of the law were common practice in the activities of retail chains, and points a) and c) were often included in franchising agreements.

Also, the Law on State Regulation of Trade prohibits wholesale trade using a commission agreement or a mixed agreement containing elements of a commission agreement.

Another condition, which should restrain the growth of retail chains and give an opportunity to develop small and medium-sized businesses in the retail trade in food products, concerns limiting the expansion of the presence of retail chains within a particular region. So, a retail trade network that carries out retail trade in food products (except for an agricultural consumer cooperative, consumer cooperation organizations) and whose share exceeds 25% of the volume of all sold food products in monetary terms for the previous financial year within the boundaries of a constituent entity of the Russian Federation, within the boundaries of a municipal district, of the city district, is not entitled to acquire or lease within the boundaries of this administrative-territorial unit additional area of retail facilities for trading activities on any grounds, including as a result of commissioning commercial facilities or their acquisition. A transaction made in violation of this restriction is null and void (not valid), and its consequences may be recognized by the court as invalid at the request of any interested person, including the federal executive body that adopts regulatory legal acts and monitors compliance with antimonopoly legislation.

The law on state regulation of trade limits the powers of state authorities and local self-government bodies to adopt acts and take actions (inaction) that lead or may lead to the establishment on the commodity market of such rules for conducting trading activities that differ from the rules established by federal laws and other regulatory legal acts , in particular, it is prohibited:

to impose on trade enterprises and suppliers of goods the obligation to participate in the repeated (additional) verification of the quality and safety of goods in the regional or municipal system of goods quality (except as otherwise provided by law);
to compel trade enterprises and suppliers of goods to go through control and (or) licensing procedures in addition to the procedures provided for by regulatory enactments (certification of trade facilities, accreditation of business entities, certification of goods, compliance of trade facilities with the requirements of the legislation of the Russian Federation);
to compel trade enterprises and suppliers of goods to sell goods at prices determined in accordance with the procedure established by the executive authorities of the constituent entities of the Russian Federation (except for cases where such bodies are duly authorized to carry out state regulation of prices for goods) or local authorities;
to adopt normative legal acts, decisions providing for: prohibition or restriction of the free movement of goods between the subjects of the Russian Federation, between municipalities; restricting the sale of certain types of goods in the territories of the constituent entities of the Russian Federation, the territories of municipalities; forcing trade enterprises and suppliers of goods to conclude, on a priority basis, contracts for the supply of goods with certain counterparties; restricting the choice of counterparties for trade enterprises and suppliers of goods; discrimination against trade enterprises and suppliers of goods in providing access to transport facilities and infrastructure.

Trade promotion should be carried out at two levels:

1) at the level of public authorities of the constituent entities of the Russian Federation, which, within their competence, carry out activities aimed at:
- to stimulate investment projects in the field of construction logistics centers supplies for the reception and storage of agricultural products, the formation of consignments of goods for shipment to economic entities engaged in wholesale and (or) retail trade in food products;
- support for agricultural consumer cooperatives, consumer cooperation organizations engaged in trade and procurement activities in rural areas;
- stimulating the business activity of trade enterprises and ensuring their interaction with suppliers of goods by organizing and holding exhibitions and fairs;
2) at the level of local self-government bodies, which, in order to provide residents of the municipality with trade services, must:
- provide for the construction, placement of retail facilities in the documents of territorial planning, land use and development rules;
- develop and approve schemes for the placement of non-stationary shopping facilities, taking into account the standards for the provision of the population with the area of shopping facilities;
- take measures of economic incentives to support construction, placement of socially oriented trade infrastructure facilities and ensure accessibility of municipal property for commercial enterprises;
- analyze the indicators characterizing the state of trade in the territories of municipalities and the effectiveness of measures to develop trade activities in these territories.

To facilitate the development of trade, the executive authorities of the constituent entities of the Russian Federation and local governments can develop, respectively, regional and municipal programs for the development of trade, taking into account the socio-economic, environmental, cultural and other features of the development of the constituent entities of the Russian Federation and municipalities. Trade development programs define:

1) goals, objectives and expected results of the development of trade, taking into account the achievement of the established standards for the provision of the population with the area of retail facilities;
2) measures aimed at achieving the goals of state policy in the field of trading activities, including measures to provide priority support in the development of trade for Russian producers of goods, small and medium-sized businesses, the formation of a competitive environment, the development of trade in rural areas;
3) the volume and sources of financing for measures to develop trade activities;
4) the main indicators of the effectiveness of the implementation of trade development programs;
5) the procedure for organizing the implementation of trade development programs and the procedure for monitoring their implementation.

The main indicators of the effectiveness of the implementation of trade development programs are:

1) achievement of the established standards for the minimum provision of the population with the area of retail facilities;
2) increasing the availability of goods for the population;
3) the formation and development of trade infrastructure, taking into account the types and types of trade facilities, forms and methods of trade, the needs of the population.

State regulation in the field of trade activities through information support can be carried out in two ways.

1. By creating a system of state information support in the field of trade activities and ensuring its functioning by the federal executive body responsible for the development of state policy and legal regulation in the field of domestic trade.

The following information should be posted on the official website of the federal executive body on the Internet and updated on a quarterly basis:

on decisions taken by the relevant authority in the field of trading activities;
the publication of regulatory legal acts in the field of trading activities;
the middle level of the chain pa for certain types of goods.
2. By forming trade registers. Federal executive bodies approve the form of the trade register and the procedure for its formation. Commercial register includes information about business entities engaged in trading activities, business entities supplying goods (except for manufacturers of goods), and the state of trade in the territory of the corresponding constituent entity of the Russian Federation. Information in the register is placed and provided to individuals and legal entities free of charge.

It is assumed that the Law on State Regulation of Trade will make it possible to form legislative framework regulating relations between state authorities, local authorities and trade enterprises, as well as relations arising between trade enterprises in the course of their trading activities. The version of the law adopted on December 28, 2009 is far from perfect, it is obvious that it will be actively developed and supplemented in the course of its practical application.

Resolution of the Government of the Russian Federation of September 24, 2010 No. 754 "On Approval of the Rules for Establishing Standards for the Minimum Provision of the Population with Retail Space".

The ongoing transition to market relations in Russia takes a long period and is characterized by the complexity and ambiguity of the transformations being carried out, therefore, state regulation of the emerging market relations is currently necessary.

State intervention in the regulation of economic relations should be optimal, ensure the balance of the rights and obligations of all participants in market relations, therefore, it is a difficult task to determine the measure, methods and volume of state influence. It must be said that in the economic and legal literature, methods of state influence on the market economy are actively studied, but until now the very concept of state regulation, its nature and scope are very ambiguously understood by scientists.

State regulation is carried out in various ways - direct and indirect.

To identify imbalances in commodity markets, state monitoring (observation) of the markets of certain types of goods is also carried out.

Direct regulation consists mainly in the presentation of mandatory requirements to the subjects (state registration, licensing, accounting and reporting, payment of taxes and fees, compliance with various established norms, standards and limits, etc.). The new Federal Law No. 99-FZ of May 4, 2011 "On Licensing Certain Types of Activities" has significantly reduced the list of licensed activities. In the field of trade, licensing is required for the transportation of goods by air, transportation by rail dangerous goods, procurement, storage, processing and sale of non-ferrous and ferrous metal scrap, production of medicines, etc.

For certain types of goods, federal laws provide for state regulation of prices, trade markups (markups) to their prices, including the establishment of their maximum (maximum and (or) minimum) levels by government bodies (part 4 of article 8 of the Law on State Regulation of Trade ).

In addition, for the first time, the Law on State Regulation of Trade provides for such a measure of state intervention in the price regulation process as the right granted to the Government of the Russian Federation to establish maximum permissible retail prices for socially important foodstuffs of primary need in the territory of a constituent entity of the Russian Federation or the territories of several constituent entities of the Russian Federation, if for 30 consecutive calendar days in the territory of such an entity (such entities), the increase in retail prices for such goods will be 30% or more. This measure can be introduced for a period of not more than 90 calendar days (part 5 of article 8). The list of certain types of socially significant essential food products and the procedure for setting maximum prices for them are established by the Government of the Russian Federation. In accordance with the Decree of the Government of the Russian Federation of October 29, 2010 N 875, the Government Commission for Monitoring and Rapid Response to Changes in the Conjuncture of Food Markets was established, which is considering proposals for setting maximum permissible retail prices for certain types of socially significant food products. The rules for setting maximum permissible retail prices are established by the Government of the Russian Federation.

In order to achieve the availability of food and non-food products for the population and to meet the demand for such goods, the Law on State Regulation of Trade provides for the need to achieve standards for the minimum provision of the population with the area of retail facilities for the constituent entities of the Russian Federation, including for their constituent municipalities (Article 19). Such standards are developed by authorized bodies of state power of the constituent entities of the Russian Federation in accordance with the methodology for calculating these standards, approved by the Government of the Russian Federation.

Determining whether an economic entity has a trading network is necessary to determine the size of the share of goods sold by such an entity in the relevant market. The law on state regulation of trade does not establish that an entity whose share in the relevant market exceeds 25% is recognized as occupying a dominant position in it. This issue must be resolved by the antimonopoly authority in accordance with the rules of Part 6.1 of Art. 5 of the Law on Protection of Competition, according to which the position of an economic entity can be recognized as dominant even if the share is less than 35%, provided that there are certain conditions in the aggregate.

These conditions are: the possibility of an economic entity in unilaterally determine the price level of a product and exert a decisive influence on the general conditions for the sale of a product on the market; restricting market access for new competitors; the inability to replace the goods sold by such an economic entity with another product when consumed; if the change in the price of the goods does not cause a decrease in demand for the goods corresponding to such a change.

At the same time, if a trader's share in the relevant market exceeds 25%, this entails certain legal consequences. An economic entity shall not have the right in these cases to acquire or lease within the boundaries of the corresponding administrative-territorial unit additional area of retail facilities for trading on any grounds, including as a result of putting into operation, participation in auctions held for the purpose of their acquisition.

In particular, it is prohibited:

to impose on business entities the obligation to participate in a repeated (additional to federal) inspection of the quality and safety of goods, except for the established cases;
to compel business entities of suppliers and traders to participate in the passage of control and (or) licensing procedures in addition to the procedures provided for by federal laws and which are the conditions for organizing and carrying out trading activities on the territory of a constituent entity of the Russian Federation or a municipality (certification of trade facilities, accreditation of business entities, certification of goods , compliance of shopping facilities with the requirements of the legislation of the Russian Federation);
to compel business entities to sell goods at prices determined in accordance with the procedure established by the executive authorities of the constituent entities of the Russian Federation (except for cases when such bodies are duly authorized to carry out state regulation of prices for goods) or by local governments;
adopt other regulatory legal acts, decisions providing for:

a) the establishment of bans or the introduction of restrictions on the free movement of goods between the constituent entities of the Russian Federation, between municipalities within the borders of the constituent entity of the Russian Federation;
b) the introduction of restrictions on the sale of certain types of goods in the territories of the constituent entities of the Russian Federation, municipalities within the borders of the constituent entities of the Russian Federation;

to compel economic entities to conclude, on a priority basis, contracts for the supply of goods with certain economic entities;
establish restrictions on the choice of business entities for business entities;
discriminate against business entities, traders and suppliers in providing access to transport facilities and infrastructure.

These provisions concretize and develop similar requirements established by the Law on the Protection of Competition for federal executive authorities, as well as for state authorities of the constituent entities of the Russian Federation and local governments. For violation of the antimonopoly rules established by the Law, when carrying out trading activities, it was established (Article 14.40 of the Code of Administrative Offenses of the Russian Federation).

State registration of goods

State registration is carried out in relation to certain types of goods. The purposes of state registration are to identify the properties of goods that pose a danger to human life and health, as well as the possibility of causing harm to human health during production, circulation, consumption and other activities with them; assessment of the compliance of such goods with the requirements of sanitary-epidemiological and other mandatory norms and rules; assessment of the effectiveness of measures to prevent the harmful effects of goods on human health during their manufacture and other actions with them, etc. The requirements for state registration are contained in various legislative acts, including technical regulations. So, according to Art. 43 of the Federal Law "On the Sanitary and Epidemiological Welfare of the Population", state registration, are subject to:

for the first time introduced into production and previously unused chemical, biological substances and preparations made on their basis, potentially dangerous to humans;
certain types of products that pose a potential danger to humans;
certain types of products, including foodstuffs imported to the territory of the Russian Federation for the first time.

The list of certain types of products that pose a potential danger to humans and are imported into the territory of the Russian Federation for the first time, and the procedure for state registration of such products, are approved by Decree of the Government of the Russian Federation No. 262 of April 4, 2001. The range of types of products subject to registration is determined by the Ministry of Health and social development RF. Such products are allowed for production, transportation, purchase, storage, sale, use (use) after their state registration.

In accordance with Art. 13 Federal law"On Circulation of Medicines" are subject to state registration:

original medications;
generic drugs;
new combinations of previously registered drugs;
medicinal products previously registered, but produced in other dosage forms, in a new dosage (Article 13).

State registration of food products, materials and products in contact with food products is carried out in accordance with the requirements of the Federal Law "On the quality and safety of food products". Article 3 of the aforementioned Law provides that food products, materials and products that meet the requirements may be in circulation. normative documents and passed state registration in the manner prescribed by this Law.

Thus, the state registration of socially significant goods ensures the implementation of the constitutional rights of citizens to health protection (Article 41 of the Constitution of the Russian Federation) and a favorable environment (Article 42 of the Constitution of the Russian Federation).

State registration is carried out at the stage of preparing goods for production on the territory of the Russian Federation, and goods imported by the Russian Federation for the first time before their import into the territory of Russia.

State registration and maintenance of the state register of the relevant goods are carried out by authorized state authorities. So, the state registration of potentially dangerous products and food products is carried out by federal Service for supervision in the field of consumer protection and human well-being, medicines - Federal Service for Supervision in the Field of Healthcare and Social Development.

The registering body publishes information about products that have passed state registration, about the suspension of the registration certificate, its cancellation and provides such information to interested state bodies, local authorities, legal entities and individuals.

The procedure for state registration is established by the authorized bodies.

Administrative regulations of the Federal Service for Surveillance in Healthcare and Social Development on the execution of the state function of state registration of medicines, approved by Order of the Ministry of Health and Social Development of Russia dated October 30, 2006 N 736 // BNA of federal executive authorities. 2006. N 52.

The manufacturer (supplier, seller) is obliged to inform consumers about the state registration of products by indicating data on the number and date of issue of the registration certificate on the label (packaging, leaflet), in the instructions for use, in the technical passport, as well as in the advertising of the product ...

The grounds for refusing state registration are clearly established in the regulatory order.

Thus, state registration of potentially hazardous products may be denied if:

a) the quality and safety of the products do not meet the established requirements and pose a danger to human life and health;
b) in relation to products and the conditions for their manufacture, safety requirements are not established at the modern level of development of science, and there are no methods for determining and measuring hazardous factors of such products in products and in the human environment;
c) there are no or can not be provided effective measures to prevent the harmful effects of products on human health during the production, application (use) of such products.

The applicant (an individual entrepreneur or an organization engaged in the development and (or) preparation for the production of Russian products or the supply of imported products) has the right to appeal against the decision of the registration authority to refuse state registration in an administrative or judicial procedure.

Thus, the main purpose of state registration of goods, like technical regulations, is to ensure the safety of products for human life and health. but state registration and technical regulations do not duplicate or exclude each other.

State registration resolves the issue of admission to the production of new Russian products or the introduction of imported products into circulation. Technical regulations establish mandatory requirements for the production, operation, storage, transportation, sale and disposal of products.

Obtaining a state certificate and entering the relevant goods into the state register gives the manufacturer the right to manufacture them, and the supplier (seller) - to buy and sell and otherwise put into circulation.

Technical regulation

Currently, the problem of ensuring the safety of goods sold on the market is gaining great importance. The normative legal act that establishes the requirements for the safety of goods is the Law on Technical Regulation. With its adoption, a large-scale reform of the system of standardization and certification of products and services that had been operating in Russia for a long time began. Since the entry into force of the Law on Technical Regulation, the Laws of the Russian Federation of June 10, 1993 N 5154-1 "On standardization" and N 5151-1 "On certification of products and services" have ceased to be effective.

The Law on Technical Regulation is intended to eliminate excessive government influence on entrepreneurs, since it establishes mandatory requirements only for the safety of manufactured goods (works, services) and the safety of various types of activities.

Technical regulation covers three areas of relations and is defined by the Law as legal regulation of relations:

in the field of establishing, applying and fulfilling mandatory requirements for products or related processes of design (including research), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal;
in the field of establishing and applying on a voluntary basis requirements for products, design processes (including research), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, performance of work or provision of services;
in the field of conformity assessment (Art. 2).

Technical regulation is carried out in accordance with the following principles:

application of uniform rules for establishing requirements for products or related processes of activity;
compliance of technical regulation with the level of development of the national economy, development of the material and technical base, as well as the level of scientific and technological development;
independence of accreditation bodies, certification bodies from manufacturers, sellers, executors and purchasers;
one system and accreditation rules;
the unity of the rules and methods of research (testing) and measurements when carrying out mandatory conformity assessment procedures;
uniform application of the requirements of technical regulations, regardless of the types or characteristics of transactions;
inadmissibility of restricting competition in the implementation of accreditation and certification;
inadmissibility of combining the powers of the state control (supervision) body and the certification body;
inadmissibility of combining by one body the powers for accreditation and certification;
state control (supervision) over compliance with the requirements of technical regulations;
inadmissibility of the simultaneous imposition of the same powers on two or more bodies of state control (supervision) over compliance with the requirements of technical regulations (Article 3).

Radical changes have occurred primarily in the field of establishing mandatory state requirements to goods and other objects of regulation.

Instead of separate requirements for certain types safety of goods and contained in various regulations, the Law on Technical Regulation establishes a system of requirements for goods to ensure their safety.

The safety of products, as well as the processes of production, operation, storage, transportation, sale and disposal is defined by the Law as a state in which there is no unacceptable risk associated with causing harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment , life or health of animals and plants.

Instead of state standards that contained mandatory requirements for the objects of regulation, the Law on Technical Regulation provides for the adoption of new regulatory documents - technical regulations. Their importance in comparison with GOSTs increases, since they can be adopted by an international treaty of the Russian Federation, subject to ratification in the manner prescribed by the legislation of the Russian Federation, or by federal law.

Technical regulations can also be adopted by a decree of the President of the Russian Federation or by a decree of the Government of the Russian Federation. At the same time, in exceptional cases, when circumstances arise that lead to an immediate threat to the life or health of citizens, the environment, the life or health of animals and plants, and in other cases of the need for the immediate adoption of a decree of the President of the Russian Federation on technical regulations, the President of the Russian Federation has the right to issue technical regulations without its public discussion.

In accordance with the amendments made to the Law on Technical Regulation, technical regulations can also be adopted by a regulatory legal act of the federal executive body for technical regulation in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation (Article 9.1).

From the date of entry into force of the Federal Law on Technical Regulations, the corresponding technical regulations issued by a decree of the President of the Russian Federation, a decree of the Government of the Russian Federation or a normative legal act of the federal executive body for technical regulation becomes invalid.

The Law on Technical Regulation establishes that international standards should be used in whole or in part as a basis for the development of draft technical regulations, except in cases where such use is recognized as impossible due to climatic and geographical features of the Russian Federation, other features or for other reasons. This ensures the harmonization of technical regulations with the relevant international documents. National standards can be used in whole or in part as a basis for the development of draft technical regulations.

Technical regulations establish requirements to ensure different kinds safety (radiation, biological, explosion safety, mechanical, fire, industrial, thermal, chemical, electrical, nuclear and radiation, electromagnetic compatibility in terms of ensuring the safety of devices and equipment), as well as the uniformity of measurements and other types of safety. Unlike state standards, technical regulations do not provide for mandatory requirements for the quality of goods and their consumer properties.

Technical regulations should be adopted in order to protect the life and health of citizens, property of individuals and legal entities, life and health of animals and plants, prevention of actions that mislead buyers. The adoption of technical regulations for other purposes is not allowed.

The Government of the Russian Federation approves a program for the development of technical regulations (indicating the form of their adoption), the implementation of which is fully or partially financed from the federal budget and which must be updated and published annually. Technical regulations can be developed outside the approved program.

Of fundamental importance is the provision of the Law that technical regulation should not serve as an obstacle to entrepreneurial activity to a greater extent than is necessary to comply with the established goals of adopting technical regulations. Thus, the state's interference in entrepreneurial activity is limited to the goals strictly defined by the Law.

Technical regulations, taking into account the risk of harm, establish the minimum necessary requirements to ensure various types of safety, including veterinary and sanitary and phytosanitary.

Requirements for the content and application of technical regulations are established in the Law on Technical Regulation. The technical regulation must contain an exhaustive list and (or) description of the objects of technical regulation, the requirements for these objects and the rules for their identification in order to apply the technical regulation. The technical regulation should contain the rules and forms of conformity assessment, determined taking into account the degree of risk, the deadlines for conformity assessment in relation to each object of technical regulation and (or) requirements for terminology, packaging, marking or labels and the rules for their application.

It is important to note that the mandatory requirements contained in the technical regulations are exhaustive, have a direct effect on the territory of the Russian Federation and can only be changed by making changes and additions to the corresponding technical regulations.

Technical regulations cannot contain requirements for products that cause harm to the life or health of citizens, accumulated during long-term use of these products and dependent on other factors that do not allow determining the degree of acceptable risk. In such cases, the technical regulation may contain requirements regarding informing the purchaser about the possible harm and about the factors on which he depends.

Technical regulations may contain special requirements to ensure the protection of certain categories of citizens (minors, disabled people, pregnant women, nursing mothers). Thus, the Resolution of the Government of the Russian Federation of April 7, 2009 N 307 approved the Technical Regulations on the safety of products intended for children and adolescents.

The procedure for the development, adoption, amendment and cancellation of technical regulations is established by the Law on Technical Regulation. The process of developing and adopting technical regulations is characterized by openness and accessibility for discussion by any interested parties (Article 9).

Changes and additions to technical regulations and their cancellation are carried out in the manner prescribed by the Law in relation to the development and adoption of technical regulations.

Currently in states - countries Customs Union measures are being taken to unify norms in the field of technical regulation.

Administrative liability has been established for violation of the requirements of technical regulations (Article 6.3 of the Administrative Code of the Russian Federation).

The second area of relations regulated by the Law on Technical Regulation is standardization.

Standardization is defined as an activity to establish rules and characteristics for the purpose of their voluntary repeated use, aimed at achieving orderliness in the production and circulation of products and increasing the competitiveness of products, works and services. Unlike previous legislation, the application of the standards is voluntary.

The objectives of the standardization are formulated in Art. 11 of the Law on Technical Regulation:

increasing the level of safety of life and health of citizens, property of individuals and legal entities, state and municipal property, facilities, taking into account the risk of occurrence emergencies natural and technogenic character;
increasing the level of environmental safety, safety of life and health of animals and plants;
ensuring the competitiveness and quality of products, uniformity of measurements, rational use resources and interchangeability technical means(machinery and equipment, their components, components and materials); execution of government orders;
assistance in compliance with the requirements of technical regulations;
creation of classification and coding systems for technical, economic and social information, systems for cataloging products (works, services), systems for ensuring the quality of products (works, services), systems for retrieving and transmitting data, facilitating work on unification, etc.

Standardization documents should not contradict technical regulations.

The documents in the field of standardization used in the territory of the Russian Federation include:

national standards;
preliminary national standards;
standardization rules, norms and recommendations in the field of standardization;
classifications applied in accordance with the established procedure, all-Russian classifiers of technical, economic and social information;
organization standards;
codes of practice;
international standards, regional standards, regional codes of practice, standards of foreign states and codes of rules of foreign states, registered in the Federal Information Fund of technical regulations and standards;
duly certified Russian translations international standards, regional standards, regional sets of rules, standards of foreign states and sets of rules of foreign states, registered by the national body of the Russian Federation for standardization (Article 13).

Thus, the list of documents in the field of standardization is quite wide and, in comparison with the original version of the Law on Technical Regulation, it includes a number of new documents: sets of rules, regional standards, regional sets of rules, etc.

National standards are of great importance among these documents.

National standards are approved by the national body of the Russian Federation for standardization - the Federal Agency for Standardization and Metrology. Its main powers are defined in the Law on Technical Regulation. The national standardization body creates technical committees for standardization and coordinates their activities.

National standards and all-Russian classifiers of technical, economic and social information are subject to publication.

The national body of the Russian Federation for standardization develops and approves a program for the development of national standards.

It should be noted that standardization documents are used to determine the rules and methods of research (testing) and measurements, including the selection of samples necessary for the application of technical regulations and the implementation of conformity assessment.

For these purposes, national standards are currently used. So, by the order of the Government of the Russian Federation of December 27, 2008 N 2008-r, the List of national standards containing the rules and methods of research (testing) and measurements, including the sampling rules necessary for the application and implementation of the Federal Law "Technical Regulations for Oil and Fat products "and the implementation of conformity assessment.

Decree of the Government of the Russian Federation of December 15, 2008 N 1866-r approved the List of national standards containing the rules and methods of research (testing) and measurements, including the rules for sampling necessary for the application and implementation of the Federal Law "Technical Regulations for Milk and Dairy products "and the implementation of conformity assessment.

In accordance with paragraph 11 of Art. 7 of the Law on Technical Regulation in the absence these documents in the field of standardization, the Government of the Russian Federation or, in established cases, the federal executive body for technical regulation, before the date of entry into force of the technical regulation, approves the rules and methods of research (tests) and measurements in the field of ensuring the uniformity of measurements, including the rules for sampling necessary for application and execution of the adopted technical regulations and implementation of conformity assessment. Drafts of these rules and methods are developed by the relevant federal executive bodies in accordance with their competence with the use of documents in the field of standardization, published in printed edition federal executive body for technical regulation and are located in information system common use in electronic digital form no later than 30 days before the date of approval of the specified rules and methods.

These provisions of the Law make it possible to draw a conclusion about the mandatory application of national standards in order to apply technical regulations.

On September 25, 2003, the Government of the Russian Federation approved the Regulation on the publication of national standards and all-Russian classifiers technical, economic and social information.

Technical regulations, documents of the national standardization system, international (regional) standards, standardization rules, national standards of other states and information on international agreements in the field of standardization and confirmation of conformity constitute the Federal Information Fund of Technical Regulations and Standards, which is a state information resource. The procedure for its creation and maintenance, as well as the rules for its use, are established by the Government of the Russian Federation. Interested parties should be provided with free access to information resources, with the exception of cases when access is limited in the interests of preserving state, official or commercial secrets.

The preliminary national standard is a document in the field of standardization, which is approved by the national body of the Russian Federation for standardization and whose validity period is limited. Preliminary national standards are approved for a period not exceeding three years. The rules for the development and approval of a preliminary national standard are established by Art. 16.2 of the Law on Technical Regulation.

A regional standard is a standard adopted by a regional standardization organization - an organization whose members (participants) are national standardization bodies (organizations) of states belonging to one geographic region of the world and (or) a group of countries in accordance with international treaties in the process economic integration. Thus, the issue of the possibility of developing regional standards for the states that are members of the Customs Union is currently being discussed.

A set of rules is a document in the field of standardization, which contains technical rules and (or) a description of the design processes (including research), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal of products and which is applied on a voluntary basis. in order to comply with technical regulations.

Codes of rules are developed and approved by federal executive bodies within the limits of their powers. The procedure for their development and approval is determined by the Government of the Russian Federation.

Codes of rules are developed in the absence of national standards in relation to individual requirements of technical regulations or objects of technical regulation in order to comply with the requirements of technical regulations for products and other objects of technical regulation.

Commercial, public, scientific organizations, self-regulatory organizations, associations of legal entities can develop and independently approve standards based on the need for their application.

The standards of organizations are developed for the purposes of standardization established by law, to improve production and ensure the quality of products, as well as to disseminate and use obtained in different areas knowledge of the results of research (testing), measurements and development.

The procedure for the development, approval, accounting, change and cancellation of standards of organizations is determined by them independently in accordance with the principles of standardization established by the Law on Technical Regulation.

The organization's draft standard can be submitted by the developer to the technical committee for standardization, which organizes the examination of this project. Based on the results of the examination of this project, the technical committee for standardization prepares an opinion, which is sent to the developer of the draft standard.

To carry out standardization in organizations, special standardization services are created.

The Law on Technical Regulation also extends to relations in the field of conformity assessment.

Confirmation of conformity is defined by law as documentary evidence of the conformity of products or other objects, processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services with the requirements of technical regulations, provisions of standards, sets of rules or conditions of contracts.

Confirmation of conformity is carried out in order to:

certification of conformity of products or other objects to technical regulations, standards, sets of rules, terms of contracts;
assistance to purchasers in a competent choice of products (works, services);
increasing the competitiveness of products, works, services in the Russian and international markets;
creating 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.

The Law on Technical Regulation proceeds from the inadmissibility of applying mandatory confirmation of conformity to facilities for which the requirements of technical regulations have not been established, as well as the inadmissibility of replacing mandatory confirmation of conformity with voluntary certification.

The rules of the Law on ensuring the availability of information are aimed at protecting the interests of applicants interested parties on the procedure for the implementation of confirmation of conformity, the establishment of a list of forms and schemes of mandatory confirmation of conformity in relation to certain types of products in the relevant technical regulations.

Attestation of conformity can be voluntary and mandatory.

Voluntary confirmation of compliance in the form of voluntary certification can be carried out to establish compliance with national standards, codes of practice, standards of organizations, voluntary certification systems, and contract terms.

Voluntary confirmation of conformity is carried out in relation to a wide range of facilities: products, production processes, operation, storage, transportation, sale and disposal, works and services, as well as other facilities for which the requirements are established by standards, voluntary certification systems and contracts.

Voluntary confirmation is carried out at the initiative of the applicant on the basis of the applicant's agreement with the certification body.

Voluntary certification system, i.e. a set of rules for performing certification work, its participants and the rules for the functioning of the system as a whole can be created by a legal entity and (or) an individual entrepreneur or several legal entities and (or) individual entrepreneurs.

The 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 work and the procedure for paying them, determine the participants in this system.

The voluntary certification system may provide for the use of a conformity mark.

The conformity mark is a designation that serves to inform the purchasers about the compliance of the certification object with the requirements of the voluntary certification system or the national standard.

The voluntary certification system can be registered by the federal executive body for technical regulation. The registration procedure is determined by the relevant regulation.

Refusal to register can be appealed against in court.

The federal executive body for technical regulation maintains a unified register of registered voluntary certification systems. The register contains information about the persons who created the voluntary certification systems, the rules for their functioning, the marks of conformity and the procedure for their application.

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

The subject of mandatory confirmation can only be products manufactured in the territory of the Russian Federation.

Mandatory confirmation of conformity is carried out in two forms: by adopting a declaration of conformity and mandatory certification.

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

The declaration of conformity and the certificate of conformity have equal legal force regardless of the mandatory confirmation of conformity scheme and are valid throughout the Russian Federation.

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

acceptance of a declaration of conformity based on their own evidence;
acceptance of a declaration of conformity based on our own evidence and evidence obtained with the participation of a third party - a certification body and (or) an accredited testing laboratory (center).

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 a failure to achieve the objectives of conformity confirmation.

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

The composition of the information that makes up the content of the declaration is defined in the Law on Technical Regulation.

A duly executed declaration of conformity is subject to registration in electronic form in the unified register of declarations of conformity in a notification procedure within three days from the date of its adoption. The authorized federal executive body shall maintain a unified register of declarations of conformity.

Mandatory certification is carried out by the certification body on the basis of an agreement with the applicant.

The conformity of products to the requirements of technical regulations is confirmed by a certificate of conformity issued to the applicant by a certification body. The certificate of conformity is issued for serially produced products, for a separately supplied batch of products or for a single copy of the product.

The validity period of the certificate of conformity is determined by the technical regulations. The form of the certificate is approved by the federal executive body for technical regulation. The certificate of conformity must contain the information established by law.

The certification body issues certificates of conformity, suspends or terminates the validity of the certificates issued by it and informs the federal executive body organizing the formation and maintenance of a unified register of certificates of conformity, and the state control bodies for compliance with the requirements of technical regulations.

The procedure for the formation and maintenance of a unified register of certificates of conformity, the provision of information from the specified register and the payment for the provision of such information was approved by the Decree of the Government of the Russian Federation of April 10, 2006 N 201.

Research (testing) and measurements of products in the implementation of mandatory certification are carried out by accredited testing laboratories (centers) under the terms of contracts with certification bodies. Decree of the President of the Russian Federation of January 24, 2011 N 86 "On the unified national accreditation system" made a decision on the formation of a unified national accreditation system and on the formation of the Federal Accreditation Service under the jurisdiction of the Ministry of Economic Development of Russia. The Federal Accreditation Service exercises the authority to accredit certification bodies, testing laboratories (centers), experts and expert organizations... The powers of the national accreditation body are established by Art. 31.1 of the Law on Technical Regulation.

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

Products, the compliance of which with the requirements of technical regulations is confirmed in the manner prescribed by law, are marked with a mark of circulation on the market. This mark is not a special protected mark and is applied for informational purposes. Resolution of the Government of the Russian Federation of November 19, 2003 N 696 approved the description of the mark of circulation on the market.

The specifics of labeling products for the first time into circulation, including the mark of circulation on the market, the procedure for informing the purchaser about the possible harm of such products and about the factors on which he depends are determined by the Government of the Russian Federation.

The applicant's responsibilities are:

ensure the compliance of products with the requirements of technical regulations;
release into circulation products subject to mandatory confirmation of conformity only after the implementation of such confirmation;
indicate in the accompanying technical documentation and when labeling products information about the certificate of conformity or declaration of conformity;
submit to the state control (supervision) bodies over compliance with the requirements of technical regulations, as well as to interested parties, documents confirming the conformity of products to the requirements of technical regulations;
suspend or terminate the sale of products if the validity of the certificate of conformity or declaration of conformity has expired or the validity of these documents is suspended or terminated;
notify the certification body of the changes made to technical documentation or technological processes production of certified products;
to suspend the production of products that do not meet the requirements of technical regulations, based on decisions of state control bodies.

Compliance with the requirements of technical regulations is carried out by state control (supervision) by authorized bodies, which is carried out by the Federal Agency for Technical Regulation and Metrology until the Government of the Russian Federation makes a decision to transfer these functions to other federal executive bodies.

The manufacturer (performer, seller, person performing the functions of a foreign manufacturer), who became aware of the non-compliance of the products released into circulation with the requirements of technical regulations, is obliged to report this to the state control body within 10 days. If such information was received by the seller (performer, person performing the functions of a foreign manufacturer), then he is obliged to bring this information to the manufacturer within 10 days.

Any other person, in addition to those indicated above, has the right to send information about the non-conformity of products to the requirements of technical regulations to the state control body. The latter, in turn, must notify the manufacturer within five days.

The law regulates in sufficient detail the manufacturer's actions in case of receiving such information. In case of non-compliance of products with the requirements of technical regulations, he is obliged to take all necessary measures so that the harm associated with the circulation of such products does not increase.

The manufacturer draws up a program of measures to prevent harm and coordinates it with the state control body.

Elimination of defects, as well as delivery of products to the place of elimination of defects and their return to purchasers are carried out by the manufacturer (seller, person acting as a foreign manufacturer) at his expense. If the threat of harm cannot be eliminated by taking measures, the manufacturer is obliged to immediately suspend the production and sale of products, recall it and compensate for losses incurred in connection with such a recall.

Upon recognition of the reliability of information on non-compliance of products with the requirements of technical regulations, the state control body issues an order on the development of measures to prevent harm. In cases of non-fulfillment of the order or non-fulfillment of the program of measures, the state control body, as well as other persons who become aware of this, have the right to apply to the court with a claim for the forced recall of products. In such cases, the court obliges the defendant to take action to recall the product.

When the state control body receives information about the non-compliance of products with the requirements of technical regulations and the need to take immediate measures to prevent harm to the life or health of citizens when using such products or the threat of such harm, this body has the right to issue an order to suspend the sale of such products and inform the purchasers through the means mass media on the non-compliance of these products with the requirements of technical regulations and on the threat of harm to the life or health of citizens when using these products.

Losses caused to purchasers of products in connection with the recall of products are subject to compensation by the manufacturer (seller, person performing the functions of a foreign manufacturer).

State metrological requirements

Accurate measurements are one of the prerequisites for the production and sale of goods in a specified quantity. The Law on the Uniformity of Measurements, adopted on June 26, 2008, instead of the analogous Law of the Russian Federation of April 27, 1993 N 4871-1, more fully and comprehensively regulated relations in this area. This Law regulates relations arising:

when taking measurements;
establishment and observance of requirements for measurements, units of quantities, standards of units of quantities, reference materials, measuring instruments;
the use of reference materials, measuring instruments, measurement techniques (methods);
as well as in the implementation of activities to ensure the uniformity of measurements provided for by the legislation of the Russian Federation on ensuring the uniformity of measurements, including when performing work and rendering services to ensure the uniformity of measurements (part 2 of article 1).

Among the spheres of state regulation listed in the Law, to which the state has established mandatory requirements in the field of measurements, trade activities and commodity exchange operations, performance of work on the packaging of goods are indicated (clause 7, part 3 of article 1).

The uniformity of measurements is defined by the Law as the state of measurements in which their results are expressed in units of quantities admitted for use in the Russian Federation, and the measurement accuracy indicators do not go beyond the established limits. The regulation on the standards of units of quantities used in the field of state regulation of ensuring the uniformity of measurements was approved by the Decree of the Government of the Russian Federation of September 23, 2010 N 734.

In accordance with the Law on the Uniformity of Measurements, measurements must be carried out according to certified measurement procedures (methods). Confirmation of the compliance of these techniques (methods) with the mandatory metrological requirements for measurements is carried out in the process of approving the types of these measuring instruments, and in other cases - by attestation of the measurement techniques (methods), which is carried out by legal entities and individual entrepreneurs accredited in the established manner. A unified list of measurements related to the sphere of state regulation of ensuring the uniformity of measurements is maintained by the Federal Agency for Technical Regulation and Metrology (clause 5.4.17.7 of the Regulation on the Federal Agency for Technical Regulation and Metrology).

The Russian Federation uses the units of the International System of Units adopted by the General Conference on Weights and Measures and recommended for use.

International Organization of Legal Metrology. The Government of the Russian Federation may allow non-systemic units of quantities to be used in the Russian Federation on a par with the units of the International System of Units. The names of units of quantities allowed for use in the Russian Federation, their designations, the rules of writing, as well as the rules for their application are established by the Government of the Russian Federation.

In order to ensure the uniformity of measurements, measuring instruments of an approved type that have been verified, as well as those that ensure compliance with mandatory metrological, technical and other requirements are allowed for use.

Verification of measuring instruments means a set of operations performed in order to confirm the compliance of measuring instruments with metrological requirements (clause 17 of article 2 of the Law on the Uniformity of Measurements).

The results of the verification are certified by the verification mark and (or) the verification certificate.

Decree of the Government of the Russian Federation of April 20, 2010 N 250 approved the List of measuring instruments, the verification of which is carried out only by state regional metrology centers accredited in the prescribed manner in the field of ensuring the uniformity of measuring instruments.

The types of reference materials or measuring instruments used are subject to mandatory approval by the Federal Agency for Technical Regulation and Metrology, which issues certificates of the established form.

Each copy of an approved type of measuring instrument is marked with a type approval mark.

In accordance with the Regulations on the organization and implementation of state control and supervision in the field of standardization, ensuring the uniformity of measurements and mandatory certification, approved by the Government of the Russian Federation of May 16, 2003 N 287, the activities of legal entities and individual entrepreneurs carrying out the following types are subject to state metrological supervision activities:

measurements related to the sphere of state regulation of ensuring the uniformity of measurements;
release from production of units intended for use in the field of state regulation of ensuring the uniformity of measurements of measurement standards of units of quantities, standard samples and measuring instruments, as well as their import into the territory of the Russian Federation, sale and use in the territory of the Russian Federation;
packaging of goods.

In accordance with this Regulation, state supervision, in particular, is carried out over the number of goods alienated in the course of trade operations, the number of prepackaged goods in packages of any kind during their packaging and sale.

Packaged goods in packages are defined as goods that are packed in the absence of the buyer, while the contents of the package cannot be changed without opening or deforming it, and the mass, volume, length, area or other quantities that determine the amount of goods contained in the package must be indicated on the packaging (clause 28 of article 2 of the Law on the uniformity of measurements).

Mandatory requirements for deviations of the number of prepackaged goods in packages from the declared value during their packaging are established by technical regulations. Technical regulations may also contain mandatory requirements for equipment used for packaging and control of packaging, rules for assessing the conformity of the deviation of the number of prepackaged goods in packages from the declared value, mandatory requirements for packaging, marking or labels of prepackaged goods and the rules for their application.

The procedure for exercising state supervision over the number of prepackaged goods in packages of any kind during their packaging and sale was approved by the Resolution of the State Standard of the Russian Federation of February 8, 1994 N 8.

Officials exercising state metrological supervision have the right to freely visit facilities where measuring instruments are manufactured, operated, sold, check measuring instruments, check the state of the standards used to check measuring instruments, have the right to receive documents and information necessary for conducting an inspection.

Officials have the right to check the quantity of goods disposed of in the course of trade operations in order to determine the mass, volume, consumption or other quantities characterizing the quantity of these goods.

When violations are detected executive exercising state metrological supervision is obliged to:

prohibit the release from production, import into the territory of the Russian Federation and sale of reference materials and measuring instruments of unapproved types or not meeting the mandatory requirements;
prohibit the use of reference materials and measuring instruments of unapproved types or reference materials and measuring instruments that do not meet the mandatory requirements, as well as unverified measuring instruments;
apply a sign of unsuitability to measuring instruments in cases when the measuring instrument does not meet the mandatory requirements;
give binding instructions and establish deadlines for eliminating violations of mandatory requirements established by the legislation of the Russian Federation;
apply other measures in accordance with the legislation of the Russian Federation.

Officials are also obliged to send materials on violations of the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements to the judicial and investigative bodies, as well as to the federal executive body that carries out accreditation in the field of ensuring the uniformity of measurements.

Government regulation- a system of measures established by the state in order to create equal favorable conditions for all business entities. These are typical legislative, executive and regulatory measures applied by government agencies. By the subject at the same time, the state, public organizations, legislative bodies act, and object - economic, organizational and management relations in the field of trade at the level of business entities.

The system of state regulation of trade includes goals, objectives, principles, functions, methods, forms and tools.

Goals are divided into strategic and tactical. Strategic Objectives state regulation - ensuring the stability of the consumer market for goods and the economic security of the country, the formation of a competitive environment. Tactical targets – the formation of market relations in trade, an integral system of servicing the population and a regulatory legal framework ensuring the development of trade and economic growth of the country as a whole.

Key objectives of state regulation of trade:

Ensuring conditions of equality for legal entities and individuals of various forms of ownership in the implementation of trading activities;

Creation of a single legal framework (uniform rules of the game) for enterprises and individuals of all forms of ownership;

Protection of the rights and interests of consumers, as well as trade enterprises involved in the process of trade services. Each consumer must know his rights and enjoy them, and trade enterprises and individuals engaged in trading activities must comply with the laws of the Republic of Belarus "On Protection of Consumer Rights" and "On Trade";

Providing conditions for the development of free competition and suppression of monopolistic activities in the domestic consumer market. The state should act as a guarantor of the development of trade on the basis of fair competition, preventing monopolization of the internal market by individual enterprises or individuals;

Regulation of relations between subjects of trade activities in the consumer market and delineation of functions between various governing bodies. The state acts as the guarantor of the distribution of trade management functions between the republican state government bodies and local government and self-government bodies.

The tasks of state regulation are to maintain the stability of the consumer market and ensure its social orientation.

The main tasks of state regulation of trading activities:

Establishment of the rules of trade, binding on all business entities carrying out trade activities on the territory of the republic. The unity of norms and rules provides conditions for competition and service of the population on high level;

Creation of conditions conducive to food security of the country. The state encourages its own manufacturer and develops measures to protect domestic market;

Carrying out state policy in the field of training and advanced training of personnel for trade in accordance with the requirements of the future development of the trade services sector;

Stimulating trade activities with the help of state subsidies, preferential taxation and other measures that contribute to the harmonious development of all areas of trade services for the population;

Collecting information, developing forecasts regarding the behavior of the country's consumer market, developing trade in order to meet the needs of the population in goods and services for the present stage and for the future;

Inspection of the quality of goods and services offered by trade enterprises and individuals, regardless of departmental subordination and forms of ownership. Organs government controlled must exercise control over the rules of trade and the quality of goods and services sold in order to ensure the safety of the population (including environmental), to guarantee the receipt of good-quality goods and services.

Methods of state regulation of trade are classified into direct and indirect. Direct methods impacts are carried out using the means of administrative and economic influence, they are based on the power of state power and include measures of prohibition, permission and coercion. Indirect methods impacts are realized only by economic means.

The main forms of state regulation of trade:

Institutional - manifests itself in the course of improving economic institutions, acting as regulators, instruments economic forms(state order, social order, commercial order);

Program - is considered as a forecast of the socio-economic development of the country (trade development programs, privatization programs);

Monetary - implies an analysis of the state and forecast of the country's economic development with the definition of the main benchmarks, parameters and instruments of monetary policy, which, in particular, include loans, changes in the discount rate (preferential lending, preferential taxation, deferred tax payment);

Tax - carried out using tax rates and tax incentives;

Licensing - involves obtaining permission from government agencies to conduct trading activities.

Government order, tax policy, budget policy, credit policy, antimonopoly legislation, quotas and subsidies for production as the main instruments of regulation.

Government order- this is the need of government bodies for goods, works and services, which is satisfied at the expense of budgets and extra-budgetary funds, that is, at the expense of taxpayers. Any legal entity, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual, including an individual entrepreneur, can be a participant in the placement of a state order.

TAX POLICY- component financial policy... It is a system of legal norms and organizational and economic measures of a regulatory nature, adopted and implemented by state authorities and local authorities in the field of tax relations with organizations and individuals.

Budgetary policy- a set of decisions made by the legislative (representative) and executive authorities of measures related to the determination of the main directions for the development of budgetary relations and the development of specific ways of their use in the interests of citizens, society and the state.

Money-credit policy- This is the policy of the state that affects the amount of money in circulation in order to ensure price stability, full employment of the population and growth in real production. The Central Bank implements the monetary policy. The impact on macroeconomic processes (inflation, economic growth, unemployment) is carried out through monetary regulation.

Credit policy - a system of monetary and credit measures used by the state to achieve certain economic goals and is one of the elements of general economic policy.

ANTI-MONOPOLY LEGISLATION - a set of normative acts (legal norms) regulating the activities of economic entities aimed at creating, developing, maintaining a competitive environment, preventing, suppressing anti-competitive practices.

QUOTATION- a variety of regulatory measures foreign economic activity, imposed by state and international bodies, to restrict the production, export and import of goods.

Production subsidies- funds allocated from the state and local budgets to provide financial support unprofitable enterprises, whose cash proceeds from the sale of a manufactured product are less than the costs of producing and selling this product, to lower-level budgets to cover the gap between their income and expenses.

1. The basic principles of state regulation of trade

are:

1.1. observance of equality of rights of legal entities and individual

entrepreneurs to trade;

1.2. inadmissibility of unlawful interference of state bodies in the activities of subjects of trade, subjects Catering and suppliers of goods;

1.3. priority of economic measures of state regulation of trade;

1.4. ensuring the implementation of the right of subjects of trade, subjects of public catering to free circulation of goods;

1.5. ensuring the exercise of the right to freedom of choice of a counterparty and goods;

1.6. restriction, suppression and prevention of monopolistic activities, creation of equal conditions for the development of free competition;

1.7. protection by the state of the rights and legitimate interests of subjects of trade, subjects of public catering, suppliers of goods and buyers.

2. State regulation of trade and public catering

is carried out through the following measures ( forms):

2.1. definition and implementation of state policy;

2.2. licensing in the cases and in the procedure provided for by the legislative acts of the Republic of Belarus;

2.3. technical regulation, standardization, confirmation of conformity

the requirements of technical regulatory legal acts in the field of technical regulation and standardization in the cases and in the procedure provided for by the legislation of the Republic of Belarus;

2.4. establishment of requirements for the organization and implementation of trade and public catering;

2.5. the establishment of requirements for the conclusion and execution of contracts providing for the supply of food products between the subject of trade, the subject of public catering and the supplier of food products;

2.6. introduction of restrictions and (or) bans on trade and public catering, including certain goods;

2.7. pricing in the field of trade and public catering;

2.8. protection of competition in the field of trade and public catering;

2.9. promoting the development of trade and public catering;

2.10. information support for trade entities, public catering entities, suppliers of goods and buyers;

2.11. establishment of norms of state social standards in the field of trade and public catering;

2.12. control over trade and public catering.

35bodies exercising control and regulation of trading activities:

Department of Commerce (supervises)

Regional, city (including Minsk city), district executive

committees on the territory of the corresponding administrative-territorial unit in

trade (supervises)

City (including Minsk City), district executive committees for

territory of the corresponding administrative-territorial unit in the region

trade ( regulate trading activities)

36. Direction and trends of development of trade in the Republic of Belarus. Trade is an entrepreneurial activity of trade organizations and individual entrepreneurs, which is based on relations for the sale of manufactured, processed or purchased goods, as well as for the performance of work, the provision of services related to the sale of goods. The subjects of trade are trade organizations and individual entrepreneurs who trade in the territory of the Republic of Belarus, objects are goods, as well as works and services related to their sale. The forms of state regulation of trade are determined by Art. 17 of the Law of the Republic of Belarus "On Trade". They are:

Certification, technical regulation and standardization, state hygienic regulation and state hygienic registration of goods; licensing of trade in cases and in the manner prescribed by law; quotas for the supply of goods; formation of commodity resources, conducting procurement and commodity interventions.

Procurement intervention is understood as the purchase of goods from legal entities and individual entrepreneurs of the Republic of Belarus in order to ensure a balance of supply and demand. Trade intervention is the sale of goods to trade organizations and individual entrepreneurs engaged in trade in the territory of the Republic of Belarus in order to stabilize the supply and eliminate the commodity deficit. In order to protect consumer rights, in January 2002, the Law of the Republic of Belarus "On Protection of Consumer Rights" was adopted, which regulates legal, economic and organizational framework protection of consumer rights in retail trade, establishes their rights to purchase goods (works, services) proper quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and about manufacturers, education in the field of consumer protection, state and public protection of their interests.

The state bodies have determined the rules of trade, which establish uniform requirements, in accordance with which the subjects of trade carry out retail trade and public catering. State control in the field of trade is envisaged.

The main trends in the development of trade are characterized as follows: 1. The share of private ownership in the number of retail facilities and retail turnover of the country is increasing. The share of consumer cooperatives in the trade turnover has noticeably decreased. More than a third of all retail turnover is the sale of goods in clothing, mixed, food markets by individual entrepreneurs. The volume of such sales is determined on the basis of household survey data. 2. The share of people employed in trade and public catering and in the sectoral structure of gross domestic product is growing. The share of those employed in the sphere of circulation has a stable growth trend. The share of trade and public catering in the gross domestic product also increased. There is an increase in the total volume of retail turnover and retail turnover per capita in comparable prices. 4. Retail turnover is growing at an outstripping pace compared to the growth in disposable income of the population. 5. The downward trend in the share of non-food products in retail turnover continues. The distribution of retail trade turnover between the city and the countryside is changing due to an increase in the share of the city, which is due to a decrease in the share of the rural population in the population of the republic. In the Republic of Belarus, in recent years, there has been a steady downward trend in the share of the rural population.

Currently, the trade sector has set the task to increase the share of consumer cooperation in the trade turnover of trade organizations by: avoiding the established stereotypes of forming assortment lists, improving the assortment policy in order to fully meet the solvent demand of the rural population; improving the typing, specialization of the trading network; opening additional mini-shops; development of retail facilities in the locations of dacha cooperatives; restoration of work of previously closed shops in small settlements; formation of a new distribution network for trade in non-food products.

The main directions of development of internal trade of the Republic of Belarus: development of: - retail trade and consumption of the most important food and non-food consumer goods, expanding their range and improving the quality; - infrastructure and improvement of retail trade and public catering; - infrastructure and improvement wholesale trade, warehousing and distribution systems; - science, technical and technological policy; property reform and management improvement; improvement of financial and credit support for domestic trade; state legal regulation and staffing of trade; development of cooperative trade.

The development of retail trade infrastructure, in turn, provides for the following: universalization of food trade, with the exception of goods of rare and occasional demand; development of specialized and highly specialized non-food stores in residential areas;

Creation of large universal retail facilities, shopping centers and shopping malls; the formation of a network of "convenient" stores located within a walking distance; creation of a network of discount stores; allocation of special zones for street fairs and bazaars; formation of autonomous trade service zones along highways.

The development of infrastructure and the improvement of wholesale trade presupposes: the development of organizations specializing in wholesale trade and carrying out a full range of procurement and sales operations with the transfer of ownership of the goods to them; the creation of intermediary wholesale organizations that provide wholesale turnover without transferring ownership of the goods to them (distributors, sales organizations of industrial enterprises); the development of large wholesale organizations performing a wide range of operations for the processing of commodity mass; typical and specific variety of wholesale structures in the market of wholesale trading services; further development of such forms of wholesale trade as wholesale fairs, exhibitions-fairs, commodity exchanges, auctions.

37. Concept and basic elements of the economic mechanism. The economic mechanism of the enterprise Is a set of forms, methods and management tools under the influence of which economic activity and the current and strategic goals... The economic mechanism includes 3 subsystems that make up its essence: planning, economic levers and incentives, management. Each of the subsystems has 4 levels: state, industry, regional, enterprise. Taking into account what kind of subsystem and what level the type of economy is being formed. Command and control, market. The impact of the state is different in methods, scope of areas of activity.