On March 26, the Verkhovna Rada adopted as a basis bill 12426 "on improving state market surveillance and the technical regulation system in accordance with the requirements of the European Union."
The draft law clarifies the list of powers of market surveillance authorities, namely, it is determined that they "carry out, in particular on their own initiative, checks of product characteristics and monitoring the state of compliance with established requirements of products provided on the market, in order to identify and eliminate non-conformities, take, in particular secretly, product samples, subject them to reverse engineering and ensure their examination (testing) in order to identify non-conformities and obtain relevant evidence."
It is established that officials carrying out market surveillance have the right to use any information, documents, established facts, statements and any information obtained as evidence for the purposes of conducting checks on product characteristics, regardless of the format and storage medium.
It is also established that administrative and economic sanctions in the form of a fine are applied to a business entity in the event of creating obstacles by preventing checks on product characteristics and failing to comply with the requirements of officials carrying out market surveillance, or providing inaccurate information regarding the origin of products - in the amount of UAH 170.
Officials of market surveillance bodies who have discovered violations shall, no later than 10 calendar days from the date of completion of the inspection, draw up a report based on documents containing information on the origin of the product and its circulation, as well as documents and materials obtained during the inspection, in particular photo, audio and video materials.
Administrative and economic sanctions in the form of a fine are applied to a business entity in the event of "failure to implement a decision to take corrective measures."
In addition, provisions have been established regarding another measure - a temporary ban on the provision of products on the market, which is applied by market surveillance authorities if they make a relevant decision.
The application of a fine to the provider of information society services is also being introduced.
It is assumed that in case of failure to pay the fine within 15 days from the date of receipt of the relevant decision of the head of the market surveillance authority or the entry into force of a court decision, such a decision (resolution) shall be submitted for enforcement.
It should be noted that the bill was submitted by the Cabinet of Ministers within the framework of EU requirements for European integration.
Thank you for being with us! Monobank for the support of the ElitExpert editorial office.
