Kotlyarov Yu.V. Law Enforcement Aspects of the Application of Measures of State Coercion in the Sphere of Technical Regulation

Abstract: Technical regulation is the legal regulation of relations in the field of establishment, implementation and enforcement of mandatory requirements for products, technologial processes, processes of use, storage, transportation, marketing and recycling as well as the legal regulation of relations in the field of conformity assessment. To put it simply this is a list of obligatory rules beyond the scope of whic manufacturers should not go to ensure the product safety. With regard to product, state control (supervision) over observance of technical regulations is carried out exclusively at the stage of circulation products on the market. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, existing legislation does not provide for a precise and unavoidable responsibility of the manufacturer for the safety and quality of supplied products, does not encourage producers to establish stable relationships with reliable suppliers and to require them to prove the safety and quality of the manufactured products and to withdraw defected products revealed by control and supervisory authorities. Measures of state coercion in the sphere of technical regulation are repressive, in some cases being redundant. At the same time, there is no differentiated approach to the classification of violations in terms of severity of consequences of their violation. Measures of state coercion are applied without fully recognizing the principles of justice, individualization of legal liability and adequacy of punishment to the severity of the offense. Based on the author, it is necessary to develop common principles for selecting sanctions for violations of various degrees of danger and to ensure the application of timely and appropriate measures of state coercion.

Keywords: