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Developing a Draft of a Technical Regulation

The Federal Law “Technical Regulation” states that anyone can develop a technical regulation. However, review, legislative approval, enactment, revision, and cancellation of technical regulations are entirely under the jurisdiction of the highest government authorities of the Russian Federation. There are several reasons for this separation of powers:

(a) The law imposes no limits on who has the right to propose and develop technical regulations, and supports active participation of the public, businesses, trade associations, and consumer advocacy groups in the process of developing technical regulations.

(b) Keeping lawmaking functions in the hands of the government makes it possible to give technical regulations the status of a federal law mandatory for all Russian Federation subjects.

(c) The law requires that any technical regulation can only be enacted by a higher government authority–the parliament, the Cabinet, or the President. This ends the uncontrolled creation of regulations by industrial ministries and departments.

READ NEXT:  Public discussion of the draft of a technical regulation

     Rulemaking Overview
     Proposing and Drafting
     Public Comments
     Administrative Review
     Legislative Approval
     Revision and Cancellation
     Emergency Rulemaking

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