General characteristics of the legal regulation of product quality. Legal regulation of the quality of products, works and services

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general characteristics legal regulation of quality

Subject of legal regulation. Quality is a set of properties of already manufactured specific products, works performed, services rendered.

Legal regulation of quality does not mean a direct impact on the objects of the material world (things and their properties), since the law regulates social relations between people and through their behavior affects the objects of the material world. Consequently, the legal regulation of quality means the legal regulation of relations that develop regarding the quality of products, works and services; activities of persons (authorities, manufacturers, sellers, performers, consumers) associated with the establishment and observance of certain norms (quality requirements) that are mandatory for persons whose actions quality depends on.

Relations regarding the definition of quality requirements are regulated by the norms of different branches of law: civil, labor, administrative.

In conditions market economy main regulator public relations is the market itself, which economically, on the basis of supply and demand, determines the development of production, the price of a product, its quality. The market affects the interests of entrepreneurs, makes them improve production and product quality, reduce production costs and, accordingly, prices. The impact on the economy with the help of interest is more significant than the administrative methods of managing the economy.

The liberalization of the market economy directly affected such an aspect of it as the definition of requirements for the quality of products, works and services. If earlier (in a planned economy) these requirements were determined mainly in an administrative manner (in the wide application of state standards containing imperative requirements, administrative certification of products and its state acceptance), now the first place in determining the requirements for the quality of products, works and services came out of the contract. The scope of defining quality requirements in the legal and regulatory order has sharply narrowed.

The nature of the legal regulation of quality. The legal regulation of quality in modern conditions is characterized by a generally permissible orientation and corresponds to the principle of freedom of contract. It can be expressed by the formula: the quality conditions are determined by the contract, except when the content of the condition is prescribed by law or other legal acts (clause 4 of article 421 of the Civil Code). In these cases, the contract must comply with the rules binding on the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion (clause 1 of article 422 of the Civil Code).

Let us illustrate this with the example of special norms of the Civil Code. Thus, in accordance with paragraph 1 of article 469 of the Civil Code, the seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract of sale. At the same time, paragraph 4 of the same article notes that if, in accordance with the procedure established by law, mandatory requirements for the quality of the goods being sold are provided, then the seller engaged in entrepreneurial activity is obliged to transfer to the buyer the goods that meet these mandatory requirements. By agreement between the seller and the buyer, goods may be transferred that meet higher quality requirements in comparison with the mandatory requirements established in the manner prescribed by law.

The same kind of rules are contained in Article 721 of the Civil Code, which regulates the quality of work. Here, the terms of the contract are also taken as a basis, and the exception is cases when an entrepreneur acts as a contractor, and the law, other legal acts or in the manner prescribed by them provide for mandatory requirements for him to the quality of the work performed. The contractor may assume under the contract the obligation to perform work that meets quality requirements higher than those established by the parties binding requirements.

If neither the regulatory legal order nor the contract defines the conditions for quality, the products, works and services must comply with the usual requirements for such products, works and services, and be suitable for the purposes for which the manufacturer, seller, performer were notified by the buyer, customer (Article 469, 721 of the Civil Code).

The principle of freedom of contract in determining the requirements for the quality of products, works, services is subject to restrictions in order to ensure public interests and, in particular, protect consumer rights. These restrictions are enshrined in special legislation on quality: the Law of the Russian Federation of June 10, 1993 “On Standardization”; "The Law of the Russian Federation of April 27, 1993 “On Ensuring the Uniformity of Measurements”; 2 The Law of the Russian Federation of June 10, 1993 “On Certification of Products and services”;3Federal Law of the Russian Federation of January 9, 1996 “On Amendments and Additions to the Law of the Russian Federation "On Protection of Consumer Rights" and the Code of Administrative Offenses of the RSFSR",4 a number of by-laws, including a decree of the Government of the Russian Federation of February 12, 1994 No. 100 “On the organization of work on standardization, ensuring the uniformity of measurements, certification of products and services”5 and a lot of resolutions and orders of the State Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia).

Standardization

The concept of standardization and normative documents on standardization. Standardization is the activity of establishing norms, rules and characteristics in order to ensure: the safety of products, works and services for environment, life, health and property;

technological and information compatibility and interchangeability of products; quality of products, works and services in accordance with the level of development of science, engineering and technology; unity of measurements;

"Vedomosti RF. 1993. No. 25. Art. 917.

2Ibid. No. 23. Art.811.

3Ibid. No. 26. Art.966.

4SZ RF. 1996. No. 3. Art.140.

5 Collection of acts of the Russian Federation. 1994. No. 8. Art.598.

saving resources; safety of economic facilities, taking into account the risk of natural and man-made disasters and other emergencies; defense capability and mobilization readiness of the country.

The legislation on standardization determines the measures of state protection of the interests of consumers and the state through the development and application of normative documents on standardization.

Normative documents on standardization include: state standards (GOSTs); duly applied international (regional) standards, rules, norms and recommendations for standardization; all-Russian classifiers of technical and economic information; industry standards (OSTs);

enterprise standards (STP); standards of scientific, technical, engineering societies and other public associations.

GOSTs are developed for products, works and services of cross-industry significance. GOSTs and all-Russian classifiers of technical and economic information are accepted by the State Standard of Russia, and in the field of construction and the building materials industry - State Committee Russian Federation on housing and construction policy. The named executive authorities determine the content of the requirements of GOSTs, their areas of distribution, their scope and dates of their introduction. State standards are put into effect after their state registration in the State Standard of Russia.

The requirements contained in GOSTs are divided into mandatory and advisory. The requirements established by state standards to ensure the safety of products, works and services for the environment, life, health and property, to ensure technical and information compatibility, product interchangeability, unity of methods for their control and unity of labeling are mandatory for compliance by executive authorities and business entities. , as well as other requirements established by the legislation of the Russian Federation. Compliance of products and services with the mandatory requirements of state standards is determined in accordance with the procedure established by the legislation of the Russian Federation on mandatory certification of products and services.

All other requirements of state standards for products, works and services are advisory. The parties can change them at the conclusion of the contract. The recommendatory requirements are subject to obligatory observance by business entities if the contract refers to the relevant State Standard or this is indicated in the technical documentation of the manufacturer (supplier) of products, performer of works or services. At the same time, the compliance of products and services with these requirements of state standards can be determined in the manner established by the legislation of the Russian Federation on voluntary certification of products and services.

OSTs are developed and adopted by executive authorities within their competence for products, works and services of certain types that have a homogeneous consumer or functional purpose. The procedure for the development, adoption, accounting registration, application, control over compliance with mandatory requirements, changes and cancellation of industry standards is established by state standards. Industry standards should not violate the mandatory requirements of state standards.

STP are developed and approved by business entities independently. The procedure for developing, approving, accounting, changing and canceling the STP is established by the business entity independently. Being local norms, they also must not violate the mandatory requirements established by GOSTs and OSTs. The requirements of the standards of enterprises relate to products of on-farm use, but they are also subject to mandatory observance by other business entities if the contract for the development, production and supply of products, for the performance of work and the provision of services refers to these standards.

The standards of scientific and technical, engineering societies and other public associations are developed and adopted by them for the dynamic dissemination and use of the results of research and development obtained in various fields of knowledge. The need for the application of these standards by business entities is determined independently.

Regulatory documents on standardization should be applied by executive authorities, business entities at the stages of development, preparation of products for production, their manufacture, sale, use, storage, transportation and disposal, in the performance of work and the provision of services, in the development of technical documentation.

An important role in streamlining regulatory documents on standardization is played by its centralized state registration and storage, carried out by the Federal Fund for State Standards, which is created and maintained by the State Standard of Russia.

State management of standardization. State management of standardization in the Russian Federation is carried out by the State Standard of Russia. In accordance with the regulation on it, approved by the Decree of the Government of the Russian Federation of July 11, 1994 No. No. 825.6 Gosstandart of Russia is a federal executive body that forms and implements state policy in the field of standardization, exercises state control and supervision over compliance with the mandatory requirements of state standards, participates in international (regional) standardization, organizes professional training in the field of standardization , establishes rules for the application of international (regional) standards, rules, norms and recommendations on the territory of the Russian Federation.

Other state bodies participate in standardization work within their competence. At the same time, Gosstandart of Russia coordinates their activities.

The observance by business entities of the mandatory requirements of state standards is carried out by state control and supervision. The procedure for exercising state control and supervision is established by the State Standard of Russia in accordance with the legislation of the Russian Federation. The bodies exercising state control and supervision over compliance with the mandatory requirements of state standards, as already noted, are the State Standard of Russia and other specially authorized executive bodies within their competence.

The direct implementation of state control and supervision in this area on behalf of the State Standard of Russia is carried out by its officials - state inspectors with broad powers. They have the right to have free access to office and production premises of business entities; receive the necessary documents and information in the course of state control and supervision; issue orders to eliminate identified violations of the mandatory requirements of state standards; issue orders to ban or suspend 6СЗ RF. 1994. No. 13. Art. 1526.

new implementation and use of products; adopt resolutions on the application of fines to business entities for violations of the mandatory requirements of state standards.

Violation of the mandatory requirements of state standards, as well as evasion of the presentation of products and (or) documents and information necessary for state control and supervision, entails a fine in the amount of 5 to 100 times the minimum wage. Failure to timely comply with the instructions of state inspectors for the supervision of state standards entails the imposition of a fine in the amount of 50 to 100 times the minimum wage (Article 170 of the Code of Administrative Offenses of the RSFSR).

Control of product compliance with the requirements of regulatory documents on standardization is also carried out by the recipient of the product. The procedure for accepting products in such cases can be determined by the contract, regulatory documents on standardization, as well as the Instruction on the procedure for accepting products for industrial purposes and consumer goods in terms of quality, approved by the Decree of the USSR State Arbitration Court dated April 25, 1966 No. P-7.7

Legal support of product quality management consists in the use of means and forms of legal influence on the bodies and objects of management of the organization at all stages life cycle products in order to ensure their high quality. Legal support of product quality management is aimed at solving the following main tasks:

- legal regulation of relations that develop at all levels of product quality management;
- creation of a regulatory framework that provides proper legal regulation for the effective implementation of product quality management functions;
- protection of the rights and interests of employees arising from labor relations.

The regulatory framework for product quality management includes various regulations and rules.

A normative act as an independent form of law is an act issued by a competent and authorized state body that establishes, changes or cancels legal norms (rules of conduct). For example, compliance with the requirements of the standards is ensured by normative acts of civil, labor, administrative and criminal law. General classification identifies two main groups among normative acts: laws and by-laws. Scheme of normative acts of the Russian Federation.

The top step in the hierarchy is occupied by the law, i.e. law is a normative legal act adopted by the highest body of state power or directly by the population and has the highest legal force.

All other normative acts are called by-laws and are adopted by authorized bodies of power and administration:

- Decrees (and orders) of the President of the Russian Federation issued within his competence;
- acts (decrees and orders) of the Government of the Russian Federation (most non-normative government acts are called orders);
- acts of state regional and local municipal bodies (representative bodies and administration bodies), which, in accordance with the competence of these bodies, are binding on all persons within a given territory - region, region, city, district;
- departmental acts, - acts of specific ministries, committees, departments, which have mainly intra-departmental legal significance and apply to persons who are in the system of managerial, official and disciplinary subordination of this department.

By establishing product quality control, the organization is obliged to fulfill the basic requirements for conducting production processes and ensuring the appropriate product quality. At the same time, product quality can be determined in various ways: according to a sample, according to a specification, based on a standard, according to a preliminary inspection, and others.

A sample is a product instance that serves as a quality standard for the products sold. The use of a product standard (several copies of a product) in business is an important condition for resolving quality disputes between the parties.

Determining the quality of products according to the specification (description) means that the product must comply with all the parameters and performance characteristics recorded in its accompanying documents.

The most common way to determine the quality of a product is to refer buyers to the appropriate standard. This method is widely used in both national and international trade. IN modern conditions standardization method is the main one in the field of product quality management.

Product quality management is carried out on the basis of international, state and industry standards and enterprise standards. The State Quality Management System of the Russian Federation was created taking into account international standards for quality systems (MS ISO 9000 series).

International standards ISO 9000 guarantee the consumer the right to more actively influence the quality of products; provide legislative framework, the standards of which provide for the active role of the consumer in the process of manufacturing products. These standards include five basic models (MS ISO 9000 series - IS ISO 9004 series) of a quality system that establishes the basic requirements for the establishment of general quality management programs in industry and the service sector.

The competent bodies of state management of product quality develop state standards, their areas of distribution, their scope and dates of their introduction. State standards are mandatory rules for manufacturers, since state standardization acts as a means of protecting the interests of society and specific consumers and applies to all levels of government. Therefore, state standards relate to the safety of products for the environment, life, health and property of consumers, to ensure technical and information compatibility, interchangeability of products, the unity of their control methods and the unity of labeling. They are also mandatory in other cases, if it is established by the competent authority.

Business entities are obliged to comply with the requirements of state standards and maintain the product quality system at an appropriate level. This is provided for by the relevant agreements between organizations, technical documentation of the manufacturer (executor, supplier) of products.

To assess the compliance of product quality with the requirements, there are standards of industries, enterprises, standards of scientific, technical, engineering societies and others. public organizations who organize and carry out standardization work in accordance with the Law of the Russian Federation "On Standardization". Each industry develops industry standards within its competence, which are approved by the relevant authorities state system standardization. The effect of such standards applies to enterprises in a particular industry.

Enterprise standards are developed by the enterprise and approved by a higher authority. The enterprise has the right to demand compliance with the requirements of standardization from other economic entities, if it is provided for in the contract with them.

The standards of scientific, technical, engineering and other public organizations are developed by these organizations and approved by the relevant government body for standardization. The main purpose of such standards is to disseminate knowledge about the achievements of science and technology. Such standards can be used by business entities (customer, performer) when concluding agreements between them of the appropriate level, which provide for conditions on the conformity of products, work performed and services provided. The considered standards are compiled on the basis of the requirements of state standards and should not violate the norms and rules provided for in them. Responsibility for the compliance of the requirements of the standards of business entities with the mandatory requirements of state standards is borne by the business entities that approved them.

In the conditions of market relations, the legislation of the Russian Federation grants the right to organizations to independently enter the foreign market. Such organizations often face the problem of assessing the quality of their products, which is based on the method of conformity of products to the requirements of state standards.

There are two ways to confirm the compliance of products and services with the requirements of state standards: by certification or by labeling products and services with signs of compliance with state standards.

Practice shows that the main tool that guarantees the compliance of product quality with the requirements of state standards is certification.

The labeling of any product is regulated by the relevant State Standard or TU (technical specifications). The basic requirements for product labeling are diverse and specific. Regulatory requirements are differentiated depending on what kind of marking is applied to the product (or packaging) (manufacturing, trade, transport, special, etc.). General requirements for product labeling: reliability, availability, sufficiency. They are regulated by federal rules for the sale of non-manufactured and manufactured products.

Product marking is carried out with the help of a sign of compliance with state standards.

Mark of Conformity -- a duly registered mark, which, according to the rules established in this certification system, confirms the conformity of the products marked with it to the established requirements. The conformity mark is established by an organization that has a license issued in the manner prescribed by the State Standard of the Russian Federation. Organizations that have received such licenses, as well as products and services marked with this sign, are entered in a special state register.

The Russian Federation has created a comprehensive system of state certification of product quality. The first sign associated with the problem of product conformity in our country was the “Quality Mark”. Now there are many conformity marks of the product quality assessment system. These include such as the certification mark of the Soviet Quality Association, the mark of conformity in the system of certification of measuring instruments, in metrology there is a mark of approval of the type of measuring instruments.

The integration of the EU countries has raised issues of product certification and labeling of products that meet the requirements of European norms and standards. As mentioned above, the EU countries have introduced a single conformity mark, which is represented by the CE symbol.

Day of organizations producing products, the most important is the mandatory labeling of products - "production mark". Production requirements for product labeling are regulated by the relevant standards for products, packaging, and labeling. This production mark indicates the manufacturer of the product. The symbolism of the production brand (MP) is placed on the product itself or, in extreme cases, on its packaging. The MP sign must contain the necessary initial information about the organization, the type of product and the number of the state standard. The MP mark is not registered and is used regardless of the trademark. However, it serves as a means of strengthening the responsibility of organizations for the quality of their products. Lack of MP or incorrect labeling entails the responsibility of the organization, and for its leaders - disciplinary or criminal liability.

State regulation of the quality of products, works and services is carried out through quality legislation, designed to ensure the proper quality of products, work performed, services provided, construction projects under construction.

Regulatory acts and norms of legislation on quality relate to various branches of law: administrative, civil, labor, criminal. The legislation establishes the competence of management bodies, enterprises in matters of quality; quality indicators required in the sphere of trade; types of regulatory and technical documentation and requirements for it; the rights of the parties to determine the terms of quality in the contract; forms of legal protection of consumer rights, including the responsibility of enterprises and their employees for inadequate quality of products, works, services.

In the legislation on quality, the following components can be distinguished: legislation on standardization, metrology and certification; legislation on quality acceptance of products, on the responsibility of enterprises and their employees for inadequate quality of products, works and services.

Central to it is legislation on standardization and certification of products and services. Legislation on standardization regulates relations in the field of development, approval, implementation and compliance with standards. Certification legislation regulates relations related to activities to confirm the conformity of products to established quality requirements.

The most important requirement of the quality legislation is to ensure the development and approval of standards for the safety of products, works and services for the life and health of consumers, environmental protection, technical and information compatibility and interchangeability of products, the quality of products, works and services in accordance with the level of development of science and technology and technology, saving all kinds of resources.

The objects of standardization, i.e. what standards can be developed for are products, works, services, rules that ensure their development, production and application.

Certification legislation defines general rules certification of products and services on the territory of Russia, certification bodies and their competence, the system of supervision over compliance with the rules for certification, measures of responsibility for their violation.

The main task of certification legislation is to create conditions for entrepreneurial activity in the domestic and international markets, to assist consumers in the competent choice of products and services, to prevent the entry of goods, services and works that are not safe for the life and health of consumers on the market. The state, intersectoral management of standardization in Russia is carried out by the State Standard of Russia, which coordinates the activities government agencies management in this area, ensures interaction with state authorities of the constituent entities of the Federation, as well as with enterprises, establishes general organizational and technical rules for carrying out work on standardization, forms and methods of interaction between business entities and state authorities; performs state control and supervision over compliance with the mandatory requirements of state standards, establishes rules for the application of international (regional) standards, rules, norms and recommendations for standardization in Russia.

Other bodies of industry management (ministries, committees and departments) develop and adopt standards and participate in standardization work within their competence.

Business entities and public associations may develop and adopt standards, as well as organize and carry out standardization work within the limits established by the Law.

The certification system consists of the central body of the certification system, the certification body and testing laboratories (centers). The central body of the certification system organizes, coordinates the work and establishes the rules of procedure and management in the certification system headed by it; considers complaints against the actions of certification bodies, testing laboratories (centers).

The certification body certifies products, issues certificates and licenses for the use of the mark of conformity; suspends or revokes issued certificates; provides the necessary information.

Testing laboratories (centers), accredited in the manner prescribed by the relevant certification system, perform tests of specific products and issue protocols for certification purposes.

The requirements for the quality of products, works and services (qualitative characteristics, parameters, dimensions, requirements of technical aesthetics and ergonomics) are established by regulatory documents on standardization.

Normative documents on standardization for products, works and services subject to mandatory certification in accordance with the legislation must contain the requirements for which certification is carried out, methods of control for compliance with these requirements, marking rules and requirements for certification information included in the accompanying documentation.

The normative documents on standardization in force in Russia include state standards (GOSTs); duly applied international (regional) standards, rules, norms and recommendations for standardization; all-Russian classifiers of technical and economic information; industry standards (OSTs), enterprise standards (STP), standards of scientific, technical, engineering societies and other public associations.

GOSTs are developed for products, works and services of cross-industry significance. The requirements enshrined in GOSTs are divided into mandatory, subject to compliance by all government authorities and business entities, and advisory. The mandatory requirements of GOSTs in accordance with the current legislation include requirements aimed at ensuring the safety of life, health and property, environmental protection, technical and information compatibility, interchangeability of products, unity of methods for their control and labeling. The legislation may also define other mandatory requirements of GOSTs.

The need for their use is determined by the manufacturer and consumer at the conclusion of contracts and may deviate from the recommendatory requirements of GOSTs.

GOSTs and all-Russian classifiers of technical and economic information are accepted by the State Standard of Russia, and in the field of construction and the building materials industry - by the State Committee of the Russian Federation for Architecture and Construction (Gosstroy of Russia). OSTs are developed and adopted by state authorities within their competence for products, works and services of certain types that have a homogeneous consumer or functional purpose. OSTs are obligatory for all business entities, regardless of departmental subordination and form of ownership, that develop and (or) produce the specified products, works and services.

STPs are developed and approved by enterprises independently. If in the contract for the development, production and supply of products, for the performance of work and the provision of services, reference is made to the STP, their requirements are subject to mandatory compliance by other business entities.

OSTs and STPs must not violate the mandatory requirements established by GOSTs. Responsibility for the compliance of OSTs and STPs with the requirements of GOSTs is borne by the government bodies and enterprises that approved them.

Ensuring the quality of products is impossible without establishing the unity of the quantities in which various parameters are measured; requirements for measuring instruments, their verification, determination of the competence of bodies ensuring the uniformity of measurements; principles of their activities. The legislation regulating these matters is called metrology legislation. Main normative act in this area is the law of the Russian Federation of June 26, 2008 "On ensuring the uniformity of measurements." State metrological control and supervision is carried out by the State Metrological Service of the State Standard of Russia in the form of verification of measuring instruments, including standards. Such verification is carried out by measuring instruments when they are released from production or repair, when they are imported, as well as those that are in operation.

State control and supervision over compliance with the legislation on standardization and certification in the Russian Federation is assigned to specially authorized executive authorities in the field of certification. State supervision and control are non-departmental, since they are carried out in relation to state bodies and enterprises and organizations not subordinate to them.

Officials of the Gosstandart of the Russian Federation, exercising supervision and control, have the right to issue an order to prohibit or suspend the sale (supply, sale), use (operation) of tested products, as well as the performance of work and the provision of services in case of non-compliance with their mandatory requirements of GOSTs; issue instructions to eliminate identified violations of the requirements of GOST at the stage of development, preparation of products for production, manufacture, sale, use, storage, transportation and disposal, in the performance of work and the provision of services; prohibit the sale of products, work performed and the provision of services in the event of a business entity evading their presentation for verification; adopt resolutions on the application of fines to business entities for violation of the mandatory requirements of GOSTs; prohibit the sale of imported products and the provision of imported services that do not meet the mandatory requirements of GOSTs and have not passed state registration.

For violation of the instructions of the enterprise, organizations pay a fine in the amount of the cost of products sold, work performed and services rendered, or in the amount of up to 10 thousand rubles, if the cost of products sold, work performed, services rendered cannot be determined or the necessary reporting documentation is not submitted. In the event of damage to consumer-citizens by goods (works, services) that do not meet the mandatory requirements of GOSTs for safety, state control and supervision bodies have the right to impose a fine in the amount of the amount of damage caused to consumers, and if the amount of damage cannot be determined, up to 1 thousand rubles. In connection with the change in the policy in the field of standardization of requirements for the quality of products (goods, works, services), the role of the contract in determining quality requirements is significantly increased.

If mandatory requirements are established for products (goods, works, services) in GOSTs, the parties are obliged to include in the contract a condition on the compliance of products (works, services) with the mandatory requirements of GOSTs, and in contracts - on the presence of a certificate and a conformity mark confirming compliance with the established requirements. All other conditions on quality are a condition on consumer properties of products, technical specifications, duration of warranty periods, shelf life and service life, labeling of products (goods), quality of containers and packaging and their labeling, on the procedure for accepting products (goods, works, services) in terms of quality, etc. are determined in the contract or by reference to regulatory documents on standardization (OSTs, STP), or by establishing in the contract itself. If the terms of quality are not stipulated in the contract, the products must comply with the requirements usually imposed on such products and be suitable for the purposes about which the manufacturer, seller, performer has been notified by the buyer, customer.

If the manufacturer, seller, performer did not know about the specific purpose of their use, then the products (goods, works, services) must be suitable for the purposes for which such products are usually used.

The parties may provide in the contract for sanctions for violation of the quality conditions. The current civil legislation does not establish such sanctions.

In order to prevent the sale of substandard goods through the retail network and the use of substandard products in production, the recipient checks the quality of the received goods and products.

The purpose of acceptance of products (goods) in terms of quality is to check their compliance with the requirements of regulatory documents on standardization and the contract. The procedure for acceptance of products and goods in terms of quality may be determined by regulatory documents on standardization and the contract. For certain types of products, acceptance features can be established.

Acceptance by the recipient of products for quality consists of several stages:

1) acceptance of products from transport authorities;
2) product quality control;
3) drawing up an act on the results of the inspection;
4) signing of the act by the persons participating in the verification;
5) approval of an act establishing inadequate quality or incompleteness of products by the head of the recipient enterprise or his deputy. Quality acceptance must be carried out within the following terms: for single-city delivery - no later than 10 days, and for out-of-town delivery - no later than 20 days upon receipt at the recipient's warehouse. Shorter terms (from 24 to 48 hours) are established for the acceptance of perishable products and goods, and longer ones (from 30 to 60 days) for consumers located in the Far North. A four-month period is set for revealing and activating hidden (production) deficiencies.

Quality control is carried out in two stages. Initially, the quality of products is checked by employees of the recipient enterprise. In case of detection of defects in products, containers, packaging, acceptance is suspended and an act is drawn up on the shortcomings of the checked part of the product. To continue acceptance and draw up a bilateral act on defects, the recipient is obliged to call a representative of a single-city manufacturer (sender) of the received products, and in cases provided for by mandatory rules or an agreement, a representative of a non-resident manufacturer (sender). If the representative fails to appear within the established time limits, does not receive a message from him about sending a representative, and also in the case when calling a representative from another city is not necessary, the continuation of acceptance is carried out: products - with a representative of the relevant industry inspection for quality, and goods - with an expert of the Bureau of Commodity Examinations . If there is no appropriate quality inspection or commodity examination bureau at the location of the recipient (buyer), or if an expert is refused, the quality is checked with the participation of either a competent representative of another enterprise, organization, or a competent representative of the public of the recipient enterprise. One-sided quality acceptance is possible with the consent of the manufacturer (sender) for such acceptance.

4. legal regulation of the quality of products, works and services

These relations are regulated by the laws of the Russian Federation of June 10, 1993 "On Standardization" and "On Certification of Products and Services"1.

A special place in the regulation of standardization and certification is occupied by the regulations of the Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia) - a body specially created for the state management of standardization and quality. (In accordance with the Law of the Russian Federation “On Amendments and Additions to the Law of the Russian Federation “On Certification of Products and Services” dated July 31, 1998 No. 154-FZ - a specially authorized federal executive body in the field of certification). By Decree of the Government of the Russian Federation of December 25, 1992 . Approved the "Regulations on the Committee"2.

Normative acts on standardization define the general principles of standardization in the country; system of normative documents on standardization in Russia; the system of bodies that carry out standardization and their competence; the procedure for developing, agreeing, approving, formalizing, registering, publishing, distributing and changing standards, accounting, storing and implementing standards; a system of supervision over compliance with standards, as well as measures of responsibility for their violation.

The objects of standardization, i.e. what standards can be developed for are products, works, services, rules that ensure their development, production and application.

Certification legislation defines the general rules for certification of products and services in the territory of Russia, certification bodies and their competence, a system of supervision over compliance with certification rules, and measures of responsibility for their violation.

The main task of certification legislation is to create conditions for entrepreneurial activity in the domestic and international markets, to assist consumers in making a competent choice of products and services, and to prevent goods, services and works that are not safe for the life and health of consumers from entering the market.

State, intersectoral management of standardization in Russia is carried out by the State Standard of Russia, which coordinates the activities of state authorities in this area, ensures interaction with state authorities of the constituent entities of the Federation, as well as with enterprises, establishes general organizational and technical rules for standardization work, forms and methods of interaction business entities with each other and government authorities; performs state control and supervision over compliance with the mandatory requirements of state standards, establishes rules for the application of international (regional) standards, rules, norms and recommendations for standardization in Russia.

Other bodies of industry management (ministries, committees and departments) develop and adopt standards and participate in standardization work within their competence.

Business entities and public associations can develop and adopt standards, as well as organize and carry out standardization work within the limits established by the Law "On Standardization".

The certification body certifies products, issues certificates and licenses for the use of the mark of conformity; suspends or revokes issued certificates; provides the necessary information.

Testing laboratories (centers), accredited in the manner prescribed by the relevant certification system, perform tests of specific products and issue protocols for certification purposes.

The need for their use is determined by the manufacturer and consumer at the conclusion of contracts and may deviate from the recommendatory requirements of GOSTs.

If in the contract the quality condition is determined by reference to GOST as a whole or to the technical documentation of the manufacturer (supplier) of products, performer of works or services, it is indicated that their quality complies with GOST, and not its mandatory requirements, advisory requirements are subject to compliance by business entities.

GOSTs and all-Russian classifiers of technical and economic information are accepted by the State Standard of Russia, and in the field of construction and the building materials industry - by the State Committee of the Russian Federation for Architecture and Construction (Gosstroy of Russia). (Since the middle of 1998 - the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services - the Ministry of Zemstroy of Russia).

OSTs are developed and adopted by state authorities within their competence for products, works and services of certain types that have a homogeneous consumer or functional purpose. OSTs are obligatory for all business entities, regardless of departmental subordination and form of ownership, that develop and (or) produce the specified products, works and services.

State metrological control and supervision is carried out by the State Metrological Service of the State Standard of Russia in the form of verification of measuring instruments, including standards. Such verification is carried out by measuring instruments when they are released from production or repair, when they are imported, as well as those that are in operation.

In connection with the change in the policy in the field of standardization of requirements for the quality of products (goods, works, services), the role of the contract in determining quality requirements is significantly increased.

All other conditions on quality - a condition on consumer properties of products, technical characteristics, duration of warranty periods, shelf life and service life, labeling of products (goods), quality of containers and packaging and their labeling, on the procedure for accepting products (goods, works, services) according to quality, etc. are determined in the contract either by referring to regulatory documents on standardization (OSTs, STP), or by establishing in the contract itself.

If the terms of quality are not stipulated in the contract, the products must comply with the requirements usually imposed on such products and be suitable for the purposes about which the manufacturer, seller, performer has been notified by the buyer, customer.

The parties may provide in the contract for sanctions for violation of the quality conditions. The current civil legislation does not establish such sanctions.

In order to prevent the sale of substandard goods through the retail network and the use of substandard products in production, the recipient checks the quality of the received goods and products.

The purpose of acceptance of products (goods) in terms of quality is to verify their compliance with the requirements of regulatory documents on standardization and the contract.

The procedure for acceptance of products and goods in terms of quality may be determined by regulatory documents on standardization and the contract. For certain types of products, acceptance features can be established. In all other cases, acceptance is carried out in accordance with the Instruction on the procedure for accepting products for industrial purposes and consumer goods in terms of quality, approved by the Resolution of the USSR State Arbitration Court dated April 25, 1966 No.

Acceptance by the recipient of products for quality consists of several stages:

1) acceptance of products from transport authorities;

2) product quality control;

3) drawing up an act on the results of the inspection;

4) signing of the act by the persons participating in the verification;

5) approval of an act establishing inadequate quality or incompleteness of products by the head of the recipient enterprise or his deputy.

Acceptance for quality must be carried out within the following terms: for single-city delivery - no later than 10 days, and for out-of-town delivery - no later than 20 days upon receipt at the recipient's warehouse. Shorter terms (from 24 to 48 hours) are established for the acceptance of perishable products and goods, and longer ones (from 30 to 60 days) - for consumers located in the Far North. A four-month period is set for revealing and activating hidden (production) deficiencies.

If there is no appropriate quality inspection or commodity examination bureau at the location of the recipient (buyer), or if an expert is refused, the quality is checked with the participation of either a competent representative of another enterprise, organization, or a competent representative of the public of the recipient enterprise. One-sided quality acceptance is possible with the consent of the manufacturer (sender) for such acceptance.