Russian Journal of Economics and Law (Sep 2017)
REVIEW оf the monograph V. Yu. Lukyanova “Technical regulation in the system of the Russian legislation”
Abstract
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.
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