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:
Making Regulations
