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Actual Problems of
Economics and Law

 

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DOI: 10.21202/1993-047X.11.2017.3.161-166

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Authors :
1. Albina S. Panova, PhD (Law), Associate Professor, Head of the Department of Civil and Business Law, Faculty of Law
Kazan Innovative University named after V. G. Timiryasov (IEML)



Review of the monograph V. Yu. Lukyanova “Technical regulation in the system of the Russian legislation”


Objective: to carry out a comprehensive analysis of a monograph by V.Yu. Lukyanova, devoted to one of the main elements of the legal institution of technical regulation – the technical norm.


Methods: dialectic approach to the cognition of social phenomena, which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors; it determined the choice of the following research methods: formal-legal, comparative legal, etc.


Results: the main approaches of the reviewed monograph were assessed which refer to the nature of technical norm, its position in the legislation on technical regulation. The reviewed monograph consists of an introduction, two sections, conclusion and bibliography. The introduction describes technical regulation at the modern stage of development, substantiates the topicality of the research, and briefly describes its structure. The first section is devoted to the legal nature of technical regulation. It explores such issues as: the development of concepts about the acts stipulating the mandatory requirements to products; the content of technical regulation; the forms of adopting technical regulations and their juridical force. The work also analyzes the role of technical regulation in the legislation system of the Russian Federation. In conclusion, the author proposes a systematic-parametric model of technical regulation in the Russian Federation.


Scientific novelty: for the first time, the assessment is given to the provisions of the reviewed monograph, which refer to the nature of technical norm, limitations of its action both in time and space and by the circle of persons, the position in the modern Russian legislation. The conclusion is made that the monograph by V.Yu. Lukyanova should be published.


Practical significance: the reviewer concludes that the monograph by V.Yu. Lukyanova can be used by specialists in the sphere of technical regulation and standardization, research workers, judicial authorities, students and post-graduate students.


Keywords :

Review; Technical regulation; Technical norm; Technical-legal norms; Normative-legal act; Limitations of the action of technical regulations


Bibliography :

1. Guseva T. A., Chapkevich L. E. Commentary to Federal Law “On technical regulation” (by article), SPS "Konsul'tantPljus", Moscow: Justicinform, 2008 (in Russ.).
2. Parcij Ja. E. By-article commentary to Federal Law “On technical regulation” (prepared for “Konsul'tantPljus” system), SPS "Konsul'tantPljus", 2004 (in Russ.).
3. Belyh V. S. Entrepreneurial law of Russia, Moscow: Prospekt, 2009, 656 p. (in Russ.).
4. Tihomirov Ju. A., Salamatov V. Ju. Technical regulation: legal aspects: scientific-practical guidebook, Moscow: Volters Kluver, 2010, 384 p. (in Russ.).
5. Maslova A. V. Legal aspects of activity providing the quality and safety of goods: PhD (Law) thesis, Moscow, 2005, 215 p. (in Russ.).

6. Jurlov I. Technical regulation, JeZh-Jurist, 2012, No. 31, p. 12 (in Russ.).
7. Belyh V. S. Technical regulation of economy and entrepreneurial activity, Moscow: Prospekt, 2016, 144 p. (in Russ.).
8. Luk'janova V. Ju. Technical regulation in the system of Russian legislation, Moscow, 2009, 240 p. (in Russ.)
9. Krasavchikov O. A. State standard – a system of legal norms, Sovetskoe gosudarstvo i pravo, 1977, No. 5, pp. 72–79 (in Russ.).


Citation :

Panova A. S. Review of the monograph V. Yu. Lukyanova “Technical regulation in the system of the Russian legislation”, Actual Problems of Economics and Law, 2017, vol. 11, No. 3, pp. 147–152 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.11.2017.3.161-166


Type of article : The scientific article

Date of receipt of the article :
27.06.2017

Date of adoption of the print :
12.08.2017

Date of online accommodation :
25.09.2017