Technical Regulations: Peculiarities of Their Legal Nature and Regulatory Impact on Business Activity

Abstract

There are several approaches (concepts) available to determine the legal nature of technical regulations: the documentary concept, the concept of a normative legal act, the concept of a technical barrier. The author proceeds from the fact that a technical regulation is a source (form) of law that acts as a lawful restriction of entrepreneurs' freedom, while an entrepreneur produces and sells products (goods) within the legal framework of contractual relations. Thus, technical and legal rules and regulations become a supporting instrument for the regulations directly aimed at ensuring the safety of goods. The article shows that technical regulations can have both positive and negative effects on the activities of entrepreneurs. One of the manifestations of the positive impact of technical regulations on the economy and business is expressed in the possibility for the State to apply technical regulations in order to establish uniform coherent obligations for all market participants (manufacturers, performers, sellers) in terms of ensuring entry to the market for goods of sound quality. As a result, an economically stronger group of entrepreneurs is deprived of the opportunity to abuse their rights not only against consumers of goods, but also against economically weaker market participants (manufacturers, performers, sellers). However, under certain circumstances, technical regulations can be used as tools for lobbying the interests of individual groups of entrepreneurs (e.g. representatives of large businesses).