The implementation of state control, supervision of a municipal or regional enterprise is aimed at identifying, preventing and suppressing violations of established mandatory requirements in the field of confirming compliance with safety and quality, as well as in the field of standardization of products, works, services. Regulatory acts determine the procedure for its conduct, as well as the circle of subjects in whose authority it is included. Let us further consider what constitutes state supervision and monitoring compliance with mandatory requirements.
General information
Federal state control and supervision is carried out:
- Entrepreneurs, legal entities developing, manufacturing, selling, operating, utilizing, storing and transporting products, providing services and performing work.
- In test centers (laboratories).
- In certification bodies conducting activities to confirm compliance.
Specificity
State control and state supervision are identical in content. The difference lies in the powers of the persons performing them. Supervision, in particular, extends to facilities that are not in the departmental subordination of inspection structures. For example, Gosstandart employees have the right to visit any enterprise operating in the service sector or industry. A similar rule applies to other bodies with the right of administrative supervision in a specific area. Among them, in particular, various committees, services, inspections operating in the field of fire safety, ecology, drugs, labor protection, mining, sanitary and epidemiological welfare, sea, air and river vessels, veterinary medicine, construction, trade and so on .
Goals
Currently, state supervision and state control are acquiring a socio-economic orientation. This is due to the fact that its main tasks are related to verifying the strict compliance by all economic entities with the rules and norms established and binding on all, by which the interests of consumers, the protection of property and public health, as well as the environment, are ensured. The key area should be the identification, suppression and prevention of violations of state standards and certification.
Normative base
The implementation of state control and supervision is currently regulated on the basis of the Federal Law "On technical regulation", "On the protection of consumer rights", "On ensuring the uniformity of measurements" and a number of other documents. Meanwhile, a new normative act is under public discussion, summarizing all the provisions and establishing key principles for the implementation of inspections. The Law on State Control and Supervision may presumably enter into force on 01.01.2017.
Structure of activities
State control (supervision), municipal control in the field of ensuring uniform measurements, standardization and mandatory certification provides for verification of compliance with:
- Legal entities and individual entrepreneurs of the established requirements of state standards for services, products and work.
- Rules for Mandatory Certification.
- Requirements for the accreditation of structures that assess the conformity of production processes, products and services with current safety and quality standards.
The structure of the work includes measures to verify the release, condition and use of measuring instruments, certified methods, standards of units, quantity of goods alienated during operations, volume of packaged products in various types of packages. The bodies of state control and supervision are vested with other powers. In particular, they carry out type approval, verification of measuring instruments, standards, including licensing of activities for their production and repair.
The objects
State control and state supervision is aimed at:
- Products / goods, work performed, services provided.
- Technical (repair, maintenance, technological, design, etc.) documentation.
- Control systems.
- Certification (confirmation of conformity) of products, services, works by testing centers / laboratories and other authorized structures.
State control and state supervision is carried out to verify the implementation by individual entrepreneurs and legal entities:
- Mandatory requirements at the stages of development, preparation of products for production, their release, sale, operation, transportation, storage and disposal.
- Rules for confirming the conformity of services, products, works with current standards through the adoption of a declaration.
- Mandatory certification procedure.
Authorized Institutions
State control and state supervision is carried out in accordance with the rules established by the State Standard, taking into account the requirements of the Federal Law governing the protection of the rights of legal entities and entrepreneurs during inspections. The authorized structures are:
- Gosstandart. A structural unit acts on behalf of him, the sphere of competence of which includes questions on the organization and implementation of verification activities.
- Federal government agencies that are subordinate to Gosstandart. They, in particular, are the centers of certification, metrology, standardization.
- Organizations with the status of the state metrological scientific center. They are also run by Gosstandart.
Competent Officers
The following persons are authorized to carry out state control and supervision on behalf of certification, metrology and standardization bodies:
- Chairman of the Gosstandart. He is the chief state inspector of the Russian Federation for the supervision of standards and ensuring uniform measurements.
- Gosstandart Deputy Chairman, Head of Unit. Their duties include resolving issues related to the organization and implementation of control and supervision.
- Heads of certification, metrology, standardization centers. They are the main state inspectors of the regions and their deputies. Their appointment and dismissal is carried out by the chairman of the State Standard.
- The employees of the structural unit are state inspectors.
- Employees of departments of certification centers, metrology, standardization.
Supervision of compliance with standards and certified products is carried out by the state inspector or the commission that he leads. Verification of compliance with certification rules is carried out by a group whose composition is determined by the chairman of the State Standard.
Additional structures
Gosstandart coordinates the activities of executive institutions, the authority of which includes supervision of the safety and quality of services, products and work. Such structures, in particular, include:
- State Inspectorate for Trade, Consumer Protection.
- State Committee for Nature Protection.
- State Sanitary and Epidemiological Service. It checks compliance with regulatory requirements in the development, production and operation of all types of products imported, including.
General order
State control and supervision is carried out in accordance with plans approved by the chief state inspectors of the Russian Federation and regions. Activities are carried out through spot checks. Not more than 1 r. / Year, planned activities for state control and supervision are carried out in relation to one entrepreneur or legal entity. Unscheduled work is performed in the following cases:
- Verification of the execution of orders issued to entrepreneurs and legal entities based on the results of previous audits.
- Obtaining information about non-compliance with the requirements for work, products, services, about changes or violations in technological processes that could cause direct harm to the health and life of the population, the environment, as well as property of people and organizations. This information may come from any entities.
- There is a threat of environmental pollution, for the life / health of the population, the risk of damage to property.
- Appeals by entrepreneurs, organizations and citizens with complaints about violation of their rights related to failure to comply with the established mandatory requirements, to obtain other information, confirmed by documents or other evidence indicating signs of illegal actions. Messages for which it is not possible to establish the author do not act as the basis for unscheduled verification activities.
Rights of authorized employees
State inspectors can:
- To have access to the production and office premises of an enterprise or individual entrepreneur in compliance with the procedure established in regulatory enactments.
- Receive from the subjects the documentation necessary to carry out verification activities.
- Apply technical means or involve competent specialists of the individual entrepreneur or organization in the exercise of their duties.
- To conduct sampling / samples of services, products, works, in accordance with regulatory documentation, to verify their compliance.
- Receive copies of the documentation necessary for state supervision and control, processing of the results.
The head or other official of the organization or individual entrepreneur provides state inspectors with the proper conditions for them to fulfill their direct duties, in accordance with applicable regulatory requirements.