ORGANIZATIONAL AND INSTITUTIONAL MECHANISMS OF CONTROL AND SUPERVISION IN THE FIELD OF STANDARDIZATION AND THEIR PECULIARITIES

Abstract

The article is devoted to the study of control and supervision issues in the field of standardization and their peculiarities. It has been determined that the peculiarities of state control in the field of standardization in Ukraine are determined by the legal status of the national standardization body. This body is the State Enterprise "Ukrainian Scientific and Research and Training Center for Standardization, Certification and Quality" (SE "UkrNDNC"), whose powers include organizing and coordinating activities related to the development, adoption, verification, revision, and repeal of national standards, as well as preparing and approving the national standardization work program, etc. It has been established that state control in the field of standardization is exercised by the Ministry of Economy, Environment and Agriculture of Ukraine. This control has a dual legal nature. On the one hand, it consists of the Ministry's supervisory powers over the State Enterprise "UkrNDNC" as the state-authorized owner of the property belonging to it, and on the other hand, it consists of the Ministry's exercise of exclusively supervisory powers in standardization as a specific area of legal relations. The peculiarities of state control in the field of standardization have been studied, which consist in the fact that it: 1) has its own peculiarities in terms of the subject area of activity; 2) is control by the executive branch; 3) is departmental control; 4) has as its object of control compliance by the State Enterprise "UkrNDNC" as the national body for standardization of procedures in the field of standardization; 5) takes the form of approval, verification, cancellation of an act, etc.; 6) in terms of timing, it can be either preliminary or final; 7) has its own characteristics in terms of areas of intervention in the activities of the State Enterprise "UkrNDNC". Supervision in the field of standardization in Ukraine is carried out, in particular, by a specially created supervisory body in the field of standardization with a complex legal nature – the Governing Board of the State Enterprise "UkrNDNC". An analysis of the legal status of the Governing Board has established a certain similarity with supervisory boards created in business companies. The difference between them is that the Governing Board is a supervisory body, while supervisory boards are control bodies. The similarity lies in the fact that, in their broad functional purpose, both the Governing Board and supervisory boards are bodies that ensure a balance of interests.