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Chapter 6. State control (supervision) over observance of technical regulation requirements
Article 32. Bodies of State Control (Supervision) over Observance of Technical Regulation Requirements
1. The state control (supervision) over observance of technical regulation requirements shall be carried out by federal executive bodies, by executive bodies of the Russian Federation subjects, and by official state bodies subordinated to them and authorized for conducting the state control (supervision) according to the legislation of the Russian Federation (hereinafter referred to as state control (supervision) bodies).
2. The state control (supervision) over observance of technical regulation requirements shall be carried by officials of state control (supervision) bodies in the order established by the legislation of the Russian Federation.
Article 33. Objects of State Control (Supervision) over Observance of Technical Regulation Requirements
1. The state control (supervision) over observance of technical regulation requirements shall be carried out in relation to products, processes of production, operation, storage, transportation, marketing and utilization exclusively regarding the observance of the requirements of appropriate technical regulations.
2. In relation to products the state control (supervision) over observance of technical regulation requirements shall be carried out exclusively at the stage of products circulation.
3. When carrying out the activities of state control (supervision) over observance of technical regulation requirements, there shall be used the rules and methods of researches (tests) and measurements, established for appropriate technical regulations in the order, provided for by Clause 11 of Article 7 of this Federal law.
Article 34. Powers of State Control (Supervision) Bodies
1. On the basis of provisions of this Federal law and technical regulation requirements the state control (supervision) bodies shall have the right to:
require from the manufacturer (the seller or the person executing the functions of the foreign manufacturer) the presentation of the supplier’s declaration or russian certificate of conformity, assuring the conformity of products to technical regulation requirements, or their copies, if the application of such documents is stipulated by appropriate technical regulation;
realize actions of state control (supervision) over observance of technical regulation requirements in the order established by the legislation of the Russian Federation;
produce instructions on elimination of violations of technical regulation requirements within the time period, established taking into account the violation character;
motivated decisions on interdiction of products transfer, and also on total or partial suspension of processes of production, operation, storage, transportation, marketing and utilization, if otherwise it is impossible to eliminate the violations of technical regulation requirements;
suspend or terminate the supplier’s declaration or russian certificate of conformity;
call the manufacturer (the executor, the seller, the person executing the functions of the foreign manufacturer) to account, provided for by the legislation of the Russian Federation;
take other measures, provided for by the legislation of the Russian Federation, for the purpose of non-admission of causing harm.
2. State control (supervision) bodies are obliged to:
carry out, during actions of state control (supervision) over observance of technical regulation requirements, the explanatory work on application of the legislation of the Russian Federation on technical regulating, to inform on existing technical regulations;
keep commercial secrets and other secrets safeguarded by the law;
keep order when conducting the state control (supervision) over observance of technical regulation requirements and making up the results of such actions, established by the legislation of the Russian Federation;
take measures on elimination of consequences of violations of technical regulation requirements on the basis of results of state control (supervision) over observance of technical regulation requirements;
address the information on products nonconformity to technical regulation requirements according to provisions of Chapter 7 of this Federal law;
realize other powers, provided for by the legislation of the Russian Federation.
Article 35. Responsibility of State Control (Supervision) Bodies and Their Officials During Realization of State Control (Supervision) over Observance of Technical Regulation Requirements
1. The state control (supervision) bodies and their officials in case of inadequate execution of their official duties during actions of state control (supervision) over observance of technical regulation requirements and in case of performance of illegal actions (idling inaction) shall bear responsibility according to the legislation of the Russian Federation.
2. The state control (supervision) bodies are obliged within one month to inform the legal and (or) natural person, whose rights and lawful interests are violated, on the measures taken in relation to officials of state control (supervision) bodies, which are guilty in violation of the legislation of the Russian Federation.
© 1997 INO «IQC» - GOST R certification in Russia. Russian certificate of compliance, gost certificate of quality in certification system GOST R (Rostechnadzor). Russian testing lab Rostest.