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Section 3 State control and supervision over observance of requirements specified in state standards
Article 11. State control and supervision
1. State control and supervision over observance of mandatory requirements specified in state standards by subjects of economic activity shall be carried out at the stages of development, preparation of products for production, their production, realization (supply, sale), usage (operation), storage, transportation and disposal as well as when operations are performed and services rendered.
2. Gosstandart of Russia shall establish the procedure for state control and supervision over observance of mandatory requirements specified in state standards as stipulated by legislation of the Russian Federation.
The procedure of Gosstandart of Russia for state control and supervision over observance of mandatory requirements specified in state standards, rules for mandatory russian certification and certified products (operations, services) is approved by the decision of Gosstandart of Russia № 239 of December 30, 1003.
3. Authorized officials of subjects of economic activity are bound to create all conditions needed for carrying out state control and supervision.
Article 12. State control and supervision bodies.
1. Gosstandart of Russia, other specially authorized state management bodies within their competence shall be responsible for state control and supervision over observance of mandatory requirements specified in state standards.
2. State control and supervision over observance of mandatory requirements specified in state standards shall be carried out by authorized officials of state management bodies within their competence.
State control and supervision over observance of mandatory requirements specified in state standards shall be directly carried out on behalf of Gosstandart of Russia by its authorized officials – state inspectors:
chief state inspector of the Russian Federation responsible for supervision over observance of state standards;
chief inspectors of republics within the Russian Federation, areas, regions, autonomous region, autonomous districts, cities, responsible for supervision over observance of state standards;
state inspectors responsible for supervision over observance of state standards.
See the procedure for attestation of state inspectors responsible for supervision over observance of state standards and state inspectors responsible for assurance of uniformity of measurements (approved by Gosstandart of RF, December 29, 1993)
Article 13. State inspectors, their rights and obligations.
1. State inspectors responsible for state control and supervision over observance of mandatory requirements specified in state standards shall be representatives of state management bodies and protected by the state.
The state inspector has a right:
to have a free access to offices and production facilities of the subjects of economic activity;
to obtain information and documents from the subject of economic activity needed for state control and supervision;
to use technical means and specialists of the subject of economic activity when carrying out state control and supervision;
to sample and take specimens of products and services as specified by valid normative documents on standardization to inspect their compliance with mandatory requirements specified in state standards with costs of spent specimens and tests (analyses, measurements) to be born at the expense of production of subjects of economic activity;
to issue prescriptions on elimination of revealed violations of mandatory requirements specified in state standards at the stages of development, preparation of products for production, their production, realization (supply, sale), usage (operation), storage, transportation and disposal as well as when operations are performed and services rendered;
to issue prescriptions on banning or suspending the realization (supply, sale), usage (operation) of inspected products as well as operations performed and services rendered in cases of nonconformity of products, operations and services with mandatory requirements specified in state standards;
to ban realization of products, operations performed and services rendered in case the subject of economic activity is not inclined to submit products, operations and services for inspection.
Chief state inspector of the Russian Federation responsible for supervision over observance of state standards, chief state inspectors of republics within the Russian Federation, areas, regions, autonomous regions, autonomous districts responsible for supervision over observance of state standards have a right to issue prescriptions to the subject of economic activity mentioned in paragraphs seven and eight of this clause as well as have a right:
to take decisions imposing penalties to subjects of economic activity for violations of mandatory requirements specified in state standards;
Forms of prescriptions and decisions issued to subjects of economic activity as a result of state control and supervision introduced February 1, 2000 are approved by the decision № 320-3/76 of Chief state inspector of RF responsible for supervision over observance of state standards and assurance of uniformity of measurements taken January 21, 2000.
See the Provision on the procedure for issuing prescriptions and imposing penalties by Gosstandart for violations of mandatory requirements specified in state standards and rules for mandatory russian certification approved by the decision № 293 of Gosstandart of RF taken September 2, 1997
To ban sale of imported products and rendering of imported services unconforming with mandatory requirements specified in state standards and which have not passed state registration as stipulated by legislation of the Russian federation.
For violation of prescriptions issued by state inspectors banning or suspending the realization (supply, sale) of products, operations performed and services rendered the subjects of economic activity shall pay a penalty amounting to the cost of products sold, operations performed or services rendered up to 10 million rubles if it is impossible to define the cost of products sold, operations performed and services rendered or reporting documents are not submitted.
2. In case the issued prescriptions and decisions are not followed, state inspectors shall send required materials to the arbitration court, procurator’s office or the court to take measures as stipulated by legislation of the Russian Federation.
3. State inspectors fulfilling their obligations should protect interests of consumers, subjects of economic activity and the state being guided by legislation.
4. State inspectors shall be held responsible as stipulated by legislation for non-fulfilment or improper fulfilment of their obligations and disclosure of state or confidential information.
© 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.