形成规范化作为企业规制手段的科学性和法律性基础

T. Popovych
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引用次数: 0

摘要

文章分析了苏联理论中的科学经验和高水平的标准化对乌克兰在向优先应用国际标准以有效调节经济活动过渡过程中国家标准化的理论和方法的影响。作者提出了在技术、经济和法律领域改变标准化的科学思想及其内容的设想。一个是技术研究和开发的基本原则,起初它们是关于纯粹的统一和分类属性标准化,但后来采取了交叉研究经济和法律问题。经济学家通常谈论标准化作为调节经济的手段,作为管理过程中的统一因素,但在使乌克兰市场适应全球市场的背景下,它也被称为使用标准化作为调节经济活动(其个别类型)的手段,并通过标准化改善企业的法律框架,以提高实体与全球要求的一致性。法律部门传统上是由旨在规范标准化和有关活动的管理过程的科学工作提出的。律师通常侧重于管理特征的法律基础,例如在经济或行政领域的某些部门应用标准化活动,以及提出在标准化中使用不同类型的责任制的特征和程序的问题。乌克兰今天是世贸组织的成员,并正在加入欧盟,因此,它应该着重于改变标准化运作的基本原则:采用国际组织的标准,而不是旧的GOST制度;在技术领域广泛适用自愿原则,但严格适用强制担保;统一的国内法概念语义体系。论述了标准化规范性和技术性文件的转化性质、内容和价值。本文揭示了研究的地域性,提出并立足于将对标准化的理解角度从单纯的国家监管者转变为在自我调节层面拓展其调节社会关系的能力。这一立场允许有关各方尽可能广泛地使用标准化及其文件,特别是在进行经济活动时。
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The Scientific and Legal Basis Formation Standardization as a Means of Business Regulation
The article analyzes the influence of scientific experience and a high level of standardization in the Soviet theory on the theory and methodology of the national standardization in the transition to a preferred application of international standards for the effective regulation of economic activity in Ukraine. The author proposes a vision of changing the scientific thought about standardization and its contents in the technical, economic, and legal branches. A technical research and development were the fundamental principles, at first they were about purely unification and classification properties standardization, but later took the intersection of research on economic and legal issues. Economists usually talked about standardization as a means of regulating the economy as a unifying factor in the management processes, but in the context of adapting the Ukrainian market to global markets it is also referred to the use of standardization as a means of regulating economic activity (its individual types) and improving the legal framework of business through standardization to improve conformity of entities to the worldwide requirements. The legal sector has traditionally been presented by scientific work aimed at regulation of the management processes of standardization and related activities. Often attorneys focus on the legal basis of management features, such as application of standardization activities in certain sectors of economic or administrative areas, as well as ask questions of features and procedures for the use of different types of accountability in standardization.Ukraine today is a member of the WTO and is on track to join the EU, and therefore it should focus on changing the fundamental principles of the functioning of standardization: application of the standards of international organizations instead of the old GOST system; a wide application of the principle of voluntariness in the technical field, but strict application of mandatory security; a unifying conceptual-semantic system of national law. transformation nature, content, and value of regulatory and technical documents on standardization and of the of areas, are addressed. It is revealed study regional, and carried is suggested and grounded is a need to change the angle of view on understanding of standardization from a purely state regulator to expanding its ability to regulate social relations at the level of self-regulation. This position allows for the widest possible use of standardization and its documents by interested parties, in particular in the conduct of economic activity.
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24 weeks
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