State control and state supervision. Bodies of state control and supervision

The implementation of state control, supervision of a municipal or regional enterprise is aimed at identifying, preventing and suppressing violations of the established mandatory requirements in the field of conformity assessment of safety and quality, as well as in the standardization of products, works, services. The normative acts determine the procedure for holding it, as well as the circle of subjects whose powers it includes. Let us further consider what state oversight and control over compliance with mandatory requirements represent.

General information

Federal state control and supervision is carried out:

1. Entrepreneurs, legal entities, developing, manufacturing, selling, operating, utilizing, storing and transporting products, providing services and producing works.
2. In testing centers (laboratories).
3. In the certification bodies conducting the activity on the confirmation of conformity.

Specificity

State control and state supervision are identical in content. The difference is in the powers of the persons who execute them. Supervision, in particular, applies to facilities that are not in the departmental subordination of inspection structures. For example, employees of the State Standard can visit any enterprise operating in the service or industry. A similar rule applies to other bodies that have 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, medicinal substances, labor protection, mining, sanitary-epidemiological well-being, sea, air and river vessels, veterinary medicine, construction, trade and so on .

Objectives

At present, state supervision and state control acquire a socio-economic orientation. This is due to the fact that its main tasks are connected with the verification of strict compliance by all economic entities with the rules and norms that are established and mandatory for all by means of which the interests of consumers, the protection of property and public health, and the environment are ensured. The key direction is to identify, suppress and prevent violations of the requirements 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 Unity of Measurements" and a number of other documents. Meanwhile, in the public discussion there is a new normative act that summarizes all the provisions and establishes the key principles for carrying out inspections. The Law on State Control and Supervision is expected to enter into force on 01/01/2017.

Structure of activity

State control (supervision), municipal control in the field of providing uniform measurements, standardization and mandatory certification provides for the verification of implementation:

1. Yurlitsy and IP of the established requirements of state standards for services, products and works.
2. Rules for mandatory certification.
3. Requirements for the accreditation of structures that perform an assessment of the conformity of production processes, products and services to the current safety and quality standards.

The structure of the work includes measures to verify the release, condition and use of measuring tools, certified methodologies, standards of units of quantities, the quantity of goods disposed of when performing operations, the volume of packaged products in packages of various types. The bodies of state control and supervision are vested with other powers. In particular, they carry out the approval of types, verification of measuring tools, standards, including licensing of activities for their production and repair.

Objects

State control and state supervision is directed to:

1. Products / goods, works, services provided.
2. Technical (repair, operational, technological, design, etc.) documentation.
3. Control systems.
4. Works on 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 performance of individual entrepreneurs and legal entities:

1. Mandatory requirements at the stages of development, preparation of products for production, their release, sale, operation, transportation, storage and disposal.
2. Rules of confirmation of the conformity of services, products, works to the current norms through the adoption of a declaration.
3. Order of mandatory certification.

Authorized bodies

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 regulating the protection of the rights of legal entities and entrepreneurs in the course of inspections. The authorized structures are:

1. Gosstandart. On its behalf there is a structural subdivision, to the sphere of reference of which the questions on the organization and execution of verification measures are assigned.
2. Federal institutions that are subordinate to the State Standard. They are, in particular, the centers of certification, metrology, standardization.
3. Organizations that have the status of a state metrology research center. They are also in charge of the State Standard.

Competent Officers

Employees authorized to perform state control and supervision on behalf of certification, metrology and standardization bodies are:

1. Chairman of the State Standard. He is the chief state inspector of the Russian Federation for the supervision of norms and ensuring uniform measurements.
2. Deputy Chairman of the State Standard, head of the unit. Their duties include resolving issues related to the organization and implementation of supervision and supervision.
3. Heads of certification centers, metrology, standardization. They are the main state inspectors of the regions and their deputies. Appointment of them to posts and release from them is carried out by the chairman of the State Standard.
4. The employees of the structural unit are state inspectors.
5. Employees of the departments of certification centers, metrology, standardization.

Supervision of compliance with standards and certified products are carried out by the state inspector or the commission, which he heads. Verification of the implementation of 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 the executive institutions, whose powers include overseeing the security and quality of services, products and works. Such structures, in particular, include:

1. State Inspectorate for Trade, Consumer Rights Protection.
2. State Committee for Nature Protection.
3. State Sanitary and Epidemiological Service. It checks the implementation of regulatory requirements in the development, production and operation of all types of products imported, including.

General order

The state control and supervision is carried out, according to plans, which are approved by the main state inspectors of the Russian Federation and regions. The activities are carried out by conducting spot checks. Not more often than 1 rub./year, planned activities are carried out for state control and supervision with respect to one entrepreneur or legal entity. Unplanned work is performed in the following cases:

1. Verification of the execution of orders issued to entrepreneurs and legal entities on the basis of the results of previous audits.
2. Obtaining information about non-fulfillment of requirements for works, products, services, changes or violations in technological processes that can directly damage health and life for the population, the environment, as well as property of people and organizations. This information can come from any subjects.
3. The emergence of the threat of pollution of nature, for the life / health of the population, the risk of damage to property.
4. Appeals of entrepreneurs, organizations and citizens with complaints about violation of their rights, related to non-fulfillment of the established mandatory requirements, receipt of other information confirmed by documents or other evidence indicating the presence of signs of misconduct. Messages that can not be identified by the author do not act as a basis for carrying out unscheduled verification activities.

Rights of authorized employees

State inspectors can:

1. To have access to production and office premises of the enterprise or IP, in accordance with the procedure established in regulatory enactments.
2. Obtain from the entities the documentation necessary to perform the verification activities.
3. Use technical means or involve competent specialists of IP or organization in the performance of their duties.
4. Conduct sampling / samples of services, products, works, in accordance with regulatory documentation, to verify their compliance.
5. Receive copies of the documentation necessary for state supervision and control, processing of the results obtained.

The head or other official of the organization or IP provides the state inspectors with the proper conditions for the performance of their direct duties, in accordance with the current regulatory requirements.