LEGAL BASIS OF EXAMINATION OF PRODUCTS IN SPHERE OF STATE MARKET SUPERVISION AS A COMPONENT OF TECHNICAL REGULATION

Abstract

Ukraine, striving to join the European Union, must as soon as possible harmonize
regulatory and normative documents in the field of technical regulation, including
the accreditation of conformity assessment bodies, the activities of these bodies, 
testing laboratories, with the requirements of international and European
standards, which will ensure a high level of protection of public interests in the
field of non-food product safety, the health of users of these products, the health
of workers in production, the environmental safety of products and their production.
In view of the above, the purpose of the article is formulated. The methodological
basis of the study is a general scientific and special-legal methodological toolkit,
which is based on the principles of complexity, objectivity, integrity of scientific
knowledge. In accordance with the specifics of the topic, goal, and objectives of the
study, general theoretical and special scientific methods of knowledge were used:
dialectical, formal-logical, formallegal, etc. The hermeneutic method was used
to study scientific texts and norms of legal acts in order to understand
them. The mentioned methods were used in interrelation and interdependence,
which made it possible to ensure the completeness, comprehensiveness and
objectivity of the study. The scientific novelty lies in the comprehensive and systematic
approach to highlighting the examination of non-food products as an element
of technical regulation in the field of state market supervision. In addition,
it was stated that the legal support of product production is carried out through
the establishment of relevant norms in the laws of Ukraine, resolutions and orders
of the Cabinet of Ministers of Ukraine, technical regulations (normative and legal acts),
technical conditions, codes of established practice (normative documents), orders
of executive authorities, documents of manufacturing enterprises, etc. The
Constitution of Ukraine (Part 1, Article 3) determines that a person, his life,
health, safety are recognized in Ukraine as the highest social value. In addition,
the state's duty (Article 16) is to ensure environmental safety and maintain
ecological balance on the territory of Ukraine, preserve the gene pool of the
Ukrainian people. The state also (Part 4 of Article 42) protects consumer rights,
monitors the quality and safety of products, all types of services and works, and
promotes the activities of consumer public organizations. The practical
significance of the study on the legal support of product expertise and its
production, state market supervision over compliance with the established
parameters of products and their production lies in the possibility of using
its results to improve current legislation and regulatory legal acts, develop
new technical regulations and standards for establishing requirements
for products and their production, as well as the practice of expertise,
testing, certification, market supervision for compliance with safety
requirements for humans and the environment.