ТЕХНІЧНЕ РЕГУЛЮВАННЯ В СИСТЕМІ ПРАВА УКРАЇНИ
| Main Authors: | Ковалів Мирослав Володимирович, Сопільник Любомир Іванович, Сопільник Ростислав Любомирович, Єсімов Сергій Сергійович |
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| Format: | Article Journal |
| Terbitan: |
, 2020
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| Online Access: |
https://zenodo.org/record/4140642 |
Daftar Isi:
- ANNOTATION Technical regulation, as an element of legal regulation, is an important component of the legal system, an effective tool for complex, multilevel relations. In Ukraine, there are several main views on the place of technical regulation in the system of law and legislation: the institution of intersectoral nature; an array of norms of administrative law; institute of business law; independent industry - technical legislation. Adoption of new legislation, introduction of new legal concepts, the impact of economics and scientific and technological progress on the development of individual legal institutions, the active interaction of international and national law force to rethink the construction of the legal system. The article considers theoretical approaches to the definition of technical regulation in the legal system of Ukraine. It is noted that technical regulation, being an element of legal regulation, is an important component of the legal system. The system of centralized regulatory influence is considered, which is characterized by methods of regulation, formation of rights and responsibilities, their implementation, specifics of sanctions, uniform principles, general provisions that form the regime of legal regulation in the field of product safety. The analysis of legal acts that form a system of technical regulation, which include international standards, regional standards, national standards, sets of rules, technical conditions and standards of economic entities and other regulations. The subject and method of technical regulation are considered. Technical regulation affects various public relations aimed at ensuring product safety and arises in connection with the development and adoption of legal norms that contain mandatory requirements, with confirmation of compliance; ensuring compliance with mandatory requirements. These relations are the subject of technical regulation. In the field of technical regulation, a special method is used, which is expressed in a combination of imperative and dispositive means of regulation inherent in administrative law, allowing participation in establishing safety requirements for individuals necessary to reconcile the interests of producers and consumers within the European Union single market. Key words: technical regulation, legal system, legal acts, regulatory influence, standards.