PROBLEMS OF LAW-MAKING IN THE AREA OF TECHNICAL REGULATION

Abstract. The article states that the lack of conformity between the systems of norm setting, standardization, certification, control and inspection and modern demands and market relations is one of the key factors hindering the development of the economy of the Russian Federation. On the basis of an analysis of the national system of technical rate setting, including its merits and demerits, the author considers the problems and prospects of a reform of the system of setting statutory requirements, an evaluation of conformity and confirmation of conformity, and the formation of a legal basis for a general national legal regime of technical regulation (stipulated by the adoption in 2003 of Federal Law No 184-FZ “On Technical Regulation”). The problems are reflected in the application of the technical regulations and directives of other countries and of international, foreign and provisional national standards in the reform of the technical regulation system of Russia. The success of the reform of the technical regulation system, in the author’s opinion, must be ensured by the application of achievements of national jurisprudence, and by the development of a socio-technical law.