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Why the Law “Technical Regulation” Was Adopted

The reform of technical regulatory practices in Russia is a logical extension of the administrative reform started by the Putin administration, which provides for separation of regulatory, executive, and oversight responsibilities of executive authorities. Methods and forms of monitoring and oversight in the area of technical regulation will now be based on technical regulations having the force of law, and not on regulations issued by government agencies responsible for monitoring and oversight.

The process of transforming the Russian economy from a government-controlled economy to a free market economy has made it evident that the government is too directly involved in technical regulation in Russia, and this impedes entrepreneurial activity. Abusing their monopoly on the right to issue technical regulations and standards and oversee compliance with them, many bureaucrats in the industrial ministries and oversight agencies prefer to keep the business community in the dark about which standards must be complied with. In many cases, industry-specific standards are not published, and are not available to the public. As a result, businessmen, including foreign businessmen, do not have clear information on the entire complex of mandatory requirements. This creates fertile soil for corruption.

The Federal Law “Technical Regulation” sharply constricts the sphere of activity of the monitoring and oversight agencies. As of 2003, only requirements of new technical regulations that the government enacts during the 7-year transitional period are subject to mandatory monitoring and oversight. Compliance with other technical regulations not directly related to issues of safety and environmental protection are voluntary.

Another important objective of adoption of the law “Technical Regulation” is to bring Russian standardization and certification requirements into compliance with the requirements of the World Trade Organization (WTO), and primarily the WTO Agreement on Technical Barriers to Trade. The law is designed to prevent the national standards and technical requirements from becoming a tool for protectionism for any groups of manufacturers.

More Information:

     Introduction
     Need for Reforms
     Types of Regulations
     Scope of Regulations
     Reform Timeframe
     Mandatory Standards
 
 

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