Open Access BASE2019

ПРАВОВА ПРИРОДА ТЕХНІЧНОГО РЕГУЛЮВАННЯ

Abstract

The implementation of the Association Agreement between Ukraine on the one hand and the European Union, the European Atomic Energy Community and their Member States on the other hand necessitated the modernization of the existing system of state standardization. Integration into the European Economic Area requires the fullest possible integration into the European economic system and harmonization with international rules and regulations. As a result, a new system of legal regulation of relations in the sphere of turnover of products, performance of works, provision of services was built: the object of establishing the set requirements was the production at all stages of the life cycle; the state regulates only security issues; quality of products should be ensured by free market regulators; mandatory national standards have been translated into voluntary, product safety requirements have been set by technical regulations; not only product certification but also declaration made by the manufacturer or seller is established as a form of attestation of conformity. The article deals with theoretical approaches to determining the legal nature of technical regulation. It is stated that technical regulation is a method of non-tariff regulation of the market and is based, first of all, on the use of a set of legal, administrative and organizational measures to regulate the technical aspects of the safety of goods and their conditions of circulation on the market, unlike tariff regulation. Prospective ways of improving the further development of technical regulation as a public management mechanism in the context of regulatory systems for technical regulation in the European Union have been formulated.

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