Legal regime of activities carried out on the basis of technical regulations of the Eurasian Economic Union and the Customs Union

Abstract

The article notes that currently, the Technical Regulations of the Eurasian Economic Union are in force and the previously adopted technical regulations of the Customs Union continue to operate. Technical regulations in order to ensure product safety, establish requirements for the manufacturer at all stages of production. The Technical Regulations of the EAEU and the CU are legal acts of interstate regulation, are acts of direct action, they are mandatory for application on the territory of all countries that are members of the EAEU.
Product safety requirements are checked by certification bodies when issuing a certificate of conformity. At the same time, technical regulations give them the right to exercise control in the production process. The state authorities control the products after they are put into circulation, but not the production process itself. Taking into account the considered features of control, the article concludes that the legal regime of the activities of economic entities engaged in entrepreneurial activity on the basis of technical regulations refers to the legal regime of special control.
Detection of unsafe products during inspection means a significant violation of product quality requirements. The article states that the seller should not be responsible for the identified deviations in products according to microbiological indicators. This violation is committed at the stage of the technological process of manufacturing the product, for which the manufacturer must be responsible. It is concluded that Article 14.43 of the Administrative Code of the Russian Federation needs to clarify the subject of responsibilit.