Practical Aspects of the Agreement on Technical Barriers to Trade Application in the Context of Russia's WTO Membership
( Pp. 287-291)

More about authors
Pokrovskaia Natalia Vladimirovna kand. yurid. nauk, aspirant
Moscow State Linguistic University
Moscow, Russia
Abstract:
The purpose of the study. The article reveals the legal features of the application and implementation of the World Trade Organization (WTO) rules in relation to the technical barriers established by its member states in relation to their own manufacturers’ products and imported products as well. To do this, the major provisions of the Agreement on Technical Barriers to Trade are analyzed, the scope of its application, governmental material and legal obligations, institutional and procedural provisions on the establishment of technical requirements for the products sold are highlighted. The analysis of these points is necessary to establish specific legal grounds for the introduction of technical regulations, standards and conformity assessment procedures on the territory of Russia in the conditions of our country's membership in the WTO. Conclusions. As a result of this research, it was found that in the WTO law there is a system of criteria for the legality of establishing regulations and standards for products sold, which allows justifying the protection of citizens’ health and interests, national security and public morality as their goal. The justification procedure provided for in WTO law makes it possible to prove good faith of the actions of a WTO member State. The author concludes that there is still a risk of applying these requirements in order to protect domestic producers’ interests by prohibiting the sale of imported goods that do not meet the specific requirements of the domestic market.
How to Cite:
Pokrovskaia N.V., (2021), PRACTICAL ASPECTS OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE APPLICATION IN THE CONTEXT OF RUSSIA'S WTO MEMBERSHIP. Gaps in Russian Legislation, 6 => 287-291.
Reference list:
General Agreement on Tariffs and Trade (GATT) (WTO, Uruguay Round Multilateral Trade Negotiations, April 15, 1994) // Law. N 5. 2000 г.
General Agreement on Trade in Services (GATS) (WTO, Uruguay Round Multilateral Trade Negotiations, April 15, 1994) // Annex to the Collection of Russian Federation. N 37. 10.09.2012. (Part VI).
Agreement on Technical Barriers to Trade (WTO, Uruguay Round Multilateral Trade Negotiations, April 15, 1994) / Annex to the Collection of Laws of the Russian Federation. N 37. 10.09.2012. (Part VI).
Dzhabiev A.P. New approaches to national technical regulation in order to eliminate technical barriers in foreign trade // Financial Economics. 2019. № 5. С. 889-892.
Drobot E.V., Ivko E.S. Study of trends and frequency of use of non-tariff measures in foreign economic activity on the example of technical barriers in foreign trade // Russian Entrepreneurship. 2018. Т. 19. № 5. С. 1357-1376.
Drobyshev A.P. Private standards in the WTO Agreements: a general characteristic and assessment of the impact on commodity markets // WTO Law. 2015. № 2. С. 37-43.
Petrova G.V. Constitutional bases of the financial law of Russia and the problems of implementation of international legal norms on trade in financial services of the law of the World Trade Organization (WTO) in the Russian legislation // Business in law. Economika-juridicheskiy zhurnal. 2013. № 6. С. 176-181.
Priymak E.V., Tabaev R.I. About technical barriers in trade // Competence. 2015. № 9-10 (130-131). С. 33-37.
Tarakanova Y.V. Requirements of scientific validity and risk assessment in the adoption of sanitary and phytosanitary measures in the WTO law // Russian Law Journal. 2020. № 6 (135). С. 53-64.
Chekunov A.S. Peculiarities of the state support of the national industry in the WTO conditions // Problems of Economics and Legal Practice. 2018. № 6. С. 227-231.
Keywords:
technical barriers, regulations, standards, conformity assessment procedures, WTO.


Related Articles

DEBATING ISSUES OF HISTORY Pages: 30-36 DOI: 10.33693/2658-4654-2023-5-3-30-36 Issue №23446
Theoretical Approaches to the Question of Defining the Concept of «Monument of Industrial Heritage» in the USSR
terminology methodology industrial heritage monument conferences
Show more
5. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Civil procedure arbitration procedure Pages: 96-98 Issue №6998
THE ISSUE OF STANDARDIZATION OF ASSESSMENT ACTIVITIES
standards Federal appraisal standards international valuation standards international Council on measurement standards standards of self-regulatory organizations
Show more
5.2.6. MANAGEMENT Pages: 299-308 DOI: 10.33693/2541-8025-2022-18-6-299-308 Issue №22298
Governance of Protectionist Measures within the WTO
Protectionism Public Governance Economic Policy WTO Trade War
Show more
5.2.5. WORLD ECONOMY Pages: 285-293 DOI: 10.33693/2541-8025-2022-18-6-285-293 Issue №22298
China's Customs and Tariff Policy and Prospects for a Full-Fledged FTA between the EAEU and China
EAEU China FTA WTO MFN rates
Show more
11. YOUNG SCIENTISTS IN ACTUAL CRIMIAL LAW PROBLEMS SOLVING Pages: 230-233 Issue №17728
Procedure for implementation of prosecutor's supervision over the activities of bodies of inquiry at the stage of preliminary investigation
Investigator Prosecutor process inquiry supervision
Show more
12. OTHER Pages: 164-169 Issue №2490
The rule of law in the units of internal affairs bodies and their regulation
administrative security office citizen discipline
Show more
5. Criminal; Criminal enforcement law Pages: 169-171 Issue №8598
Violation of rules of protection and use of mineral resources: problems of qualification
criminal-legal regulation damage subsoil use qualification development
Show more
9. CIVIL LAW, HOUSING LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW Pages: 122-124 Issue №10621
INTERNATIONAL STANDARDS FOR INSURANCE MARKET REGULATION
insurance insurance supervision IAIS insurance market standards
Show more
3. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Civil procedure arbitration procedure Pages: 125-129 Issue №8598
Protection of Intellectual Property in the Context of Interstate Economic integration (on the example of Russia and Kazakhstan)
The Eurasian Union The EEU WTO the intellectual property economic integration
Show more
DEBATING ISSUES OF HISTORY Pages: 2658-4654 DOI: 10.33693/2658-4654-2023-5-3-30-36 Issue №
Theoretical Approaches to the Question of Defining the Concept of «Monument of Industrial Heritage» in the USSR
terminology methodology industrial heritage monument conferences
Show more