Abstract
Date of entry into
force:
January 3, 2015
The Law establishes legal and organizational principles of standardization
in Ukraine, and is aimed to ensure creation and implementation of state policy
in the respective sphere.
Article 1 of the Law provides definitions of terms used in it. For example,
standardization is activity that entails establishing provisions for general
and repeated use in existing or potential tasks, and is aimed at achieving an
optimal degree of order in a certain sphere. A standard is a normative document
based on consensus, adopted by a recognized authority that establishes rules,
instructions or characteristics for general and repeated use pertaining to an
activity or its results, and is aimed at achieving an optimal degree of order
in a certain sphere.
The Law regulates relations associated with activities in the sphere of
standardization and application of its results. This Law does not apply to
sanitary safety measures for food products, veterinary-sanitary and
phytosanitary measures, construction norms, pharmaceutical products, standards
for medical aid, financial accounting, property appraisal, education, and other
social standards provided for by the legislation (Article 2 of the Law).
The objective of standardization and the main principles of state policy in
the sphere of standardization are determined by Article 4 of the Law.
According to Article 5 of the Law, the objects of standardization are:
·
materials, components, equipment, systems, and their
compatibility;
·
rules, procedures, functions, methods, activity or its
results, including products, personnel, and management systems;
·
requirements to terminology, designation,
prepackaging, packaging, marking, labeling, etc.
According to Article 6 of the Law, depending on the level of the
standardization entity that adopts normative documents, they are divided into:
·
national standards and codes of established practices
adopted by a national standardization authority;
·
standards, codes of established practices, and
technical conditions adopted by standardization companies, institutions and
organizations.
Article 8 of the Law establishes that standardization entities are:
·
the central executive authority that provides for
creation of state policy in the sphere of standardization (Article 9 of the
Law);
·
the central executive authority that implements state
policy in the sphere of standardization (Article 10 of the Law);
·
national standardization authority (Article 11 of the
Law);
·
technical standardization committees (Article 15 of
the Law);
·
standardization companies, institutions and
organizations (Article 16 of the Law).
The functions of the national standardization authority are carried out by
a state company, which is not subject to privatization, and was created by the
central executive authority that implements state policy in the sphere of
standardization (Article 11 of the Law).
According to Article 13 of the Law, the steering council is a
consultative-supervisory body of the national standardization authority, and is
composed of representatives of the following, on a parity basis:
·
the central executive authority that provides for
formation of the state policy in the sphere of standardization, other central
executive authorities and state bodies;
·
scientific institutions, educational facilities,
research and technical and engineering associations (unions);
·
civil associations of business entities (including
small and medium business entities), employer organizations and their unions;
·
civil consumer organizations (consumer associations);
·
other civil associations and professional unions.
Any interested party or a technical standardization committee has the right
to address the appeal commission by filing an appeal, if they believe that a
decision, act or inaction of the national standardization authority violated
procedures in the sphere of standardization. The contents of a national
standard, code of established practices or draft thereof cannot be the subject
of an appeal. Appealing does not restrict the applicant's right to address a
court. If an appeal commission rules that the decision, act or inaction of the
national standardization authority violates procedures in the sphere of
standardization, it passes a resolution to sustain the appeal, in which it
recommends that the national standardization authority eliminates the
violations that were discovered (Article 14 of the Law).
According to Article 15 of the Law, a technical standardization committee
is a form of cooperation of interested legal entities and natural persons,
cooperating with the objective of organizing and carrying out international,
regional or national standardization works in specified fields of activity and
on established standardization objects. Technical standardization committees
have no legal entity status. Parties involved in the work of technical
standardization committees are authorized representatives of executive power
bodies, other state authorities, bodies of local self-government, business
entities and their civil associations, employer organizations and their
associations, scientific institutions and educational facilities, research and
engineering associations (unions), civil consumer organizations (consumer
associations), other civil associations, professional unions, leading
scientists and specialists. Technical standardization committees are formed
based on the principle of representation of all interested parties. Membership
in technical standardization committees is voluntary. The authority of
technical standardization committees includes:
·
participating in the work of appropriate technical
standardization committees of international and regional standardization
organizations;
·
developing and approving national standards, codes of
established practices, and amendments to them;
·
participating in creation of the national
standardization work program;
·
inspection and review of national standards and codes
of established practices developed by such committees;
·
approving and submitting proposals for cancellation
and reinstatement of national standards, codes of established practices, and
amendments to them.
Standards, codes of established practices and technical conditions adopted
by companies, institutions and organizations are applied on voluntary basis
(Article 16 of the Law).
Article 17 of the Law establishes the main principles for developing
national standards, codes of establishes practices, and amendments to them.
Interested parties submit to the national standardization authority their
proposals for national standardization works related to developing, reviewing
or cancelling national standards, codes of established practices, and
amendments to them. Proposals for national standardization works are reviewed
by an appropriate technical standardization committee, with regard to the
priority directions of standardization development and the requirements set by
Article 17 of the Law.
The national standardization authority sends a written
notification to the party that submitted a proposal for national
standardization works about such proposal being included in the national
standardization work program, or about refusal to include it in the program,
including the reasons for refusal, no later than 60 calendar days after
receiving the appropriate proposal. A national standard, code of established
practices, and amendments to them are considered to be in development since the
day on which the decision is made to include the proposal for their development
in the national standardization work program and until the day they are adopted
by the national standardization authority (Article 18 of the Law).
Preparation of the national standardization work program is regulated by
Article 19 of the Law.
After developing the first version of a draft national standard, code of
established practices, or amendments to them, the national standardization
authority publishes a notification of such draft in its official printed media
and, within 5 working days after finalizing the first version of the draft,
publishes an appropriate notification on its official website. Comments to
draft national standards, codes of established practices, or amendments to
them, are submitted within 60 calendar days after publication of the above
information, except for urgent issues related to national security, health
care, environmental protection, and preparation of a draft national standard
for developing an appropriate technical regulation.
Comments of interested
parties in relation to draft national standards, codes of established
practices, or amendments to them, are reviewed by the appropriate technical
standardization committee or working group that is developing the draft
national standard, code of established practices, or amendments to them. After
the end of the comment submission period, the developer of draft national
standards, codes of established practices, or amendments to them, reviews the
comments and takes them into consideration in the final draft, or declines them
for valid reasons (Article 20 of the Law).
According to Article 21 of the Law, draft national standards, codes of
established practices, and amendments to them, are not subject to approval with
central executive authorities and other state bodies. International and
regional standards, codes of established practices, and amendments to them, are
adopted as national standards, codes of established practices, and amendments
to them, by the national standardization authority. If consensus is reached
regarding a draft national standard, code of established practices, or
amendments to them, the national standardization authority adopts them and
determines the term for their entry into force, with regard to the period of
preparatory measures. Based on proposals of interested parties, the national
standardization authority, if necessary, establishes a period of simultaneous
effect of the adopted national standard or code of established practices, and
the current national standard or code of established practices, for the same
standardization object.
If the technical standardization committee adopts
proposals to cancel national standards and codes of established practices, the
national standardization authority makes a decision on the above issue.
Information about national standards, codes of established practices, and
amendments to them, that were adopted or cancelled during the calendar month,
and those documents that have been reinstated, are published the following
calendar month, in the official printed media of the national standardization
authority, and published on its official website within 5 working days after
the end of the reporting month.
National standards and codes of established practices are applied directly
or via reference in other documents. National standards and codes of
established practices are applied on a voluntary basis, except for cases when
their mandatory application is established by normative-legal acts (Article 23
of the Law).
According to Article 24 of the Law, national standards, codes of
established practices, amendments to them, and catalogues developed by the
national standardization authority are issued, reproduced and distributed by
the national standardization authority. Publication, reproduction and
distribution of documents of international and regional standardization
organizations where the national standardization authority is a member are
carried out by the national standardization authority, according to the rules
of such organizations. To provide information to interested parties, the
national standardization authority forms and maintains the national fund of
normative documents, functions as the National Information Center of the
international information network (ISONET), compiles and maintains a catalogue
of national standards and codes of established practices.
The property right to national standards, codes of established practices,
and catalogues developed by the national standardization authority belongs to
the state (Article 25 of the Law).
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