The current version of Art. 19.19 of the Code of Administrative Offenses of the Russian Federation with comments and additions for 2018
1. Violation of the legislation on ensuring the uniformity of measurements in terms of performing measurements related to the sphere state regulation ensuring the uniformity of measurements, without the use of certified methods (methods) of measurements, with non-compliance with the requirements of certified methods (methods) of measurements, or non-compliance with the established procedure for notifying about their activities for the release from production intended for use in the field of state regulation ensuring the uniformity of measurements of measurement standards, standard samples and (or) measuring instruments or their import into the territory Russian Federation and sale, or non-compliance with the procedure for testing standard samples or measuring instruments for the purpose of type approval, the procedure for verifying measuring instruments, or the use in the field of state regulation of ensuring the uniformity of measurements of standard samples of an unapproved type, measuring instruments of an unapproved type and (or) not passed in the prescribed manner verification, or non-compliance with mandatory metrological and technical requirements to measuring instruments and mandatory requirements for the conditions of their operation, or non-compliance with the procedure for approval, content, comparison and application of state primary standards of units of quantities, the procedure for transferring units of quantities from state standards, the procedure for establishing mandatory requirements for standards of units of quantities used to ensure the uniformity of measurements in in the field of state regulation of ensuring the uniformity of measurements, the procedure for assessing compliance with these requirements and the procedure for their application, or the use in the field of state regulation of ensuring the uniformity of measurements of units of quantities not allowed for use in the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand roubles; for legal entities - from fifty thousand to one hundred thousand roubles.
2. Establishment officials those exercising state metrological supervision of requirements that do not comply with the legislation on ensuring the uniformity of measurements in terms of testing standard samples or measuring instruments for the purpose of type approval, verification of measuring instruments, certification of measurement procedures (methods), -
shall entail a warning or the imposition of an administrative fine in the amount of twenty thousand to thirty thousand roubles.
3. Violation by officials exercising functions to provide public services and management of state property in the field of ensuring the uniformity of measurements, the timing of the decision to attribute technical means to measuring instruments, on approval of the type of reference materials and (or) type of measuring instruments or violation by officials exercising functions of accreditation in the field of ensuring the uniformity of measurements, the terms for making a decision on accreditation of a legal entity or an individual entrepreneur for the performance of work and (or) the provision of services in the field of ensuring the uniformity of measurements -
shall entail the imposition of an administrative fine in the amount of twenty thousand to thirty thousand roubles.
(Article as amended, entered into force on January 19, 2012 by the Federal Law of July 18, 2011 N 237-FZ.
Commentary on Article 19.19 of the Code of Administrative Offenses of the Russian Federation
1. The commented article contains three offenses. Its purpose is to ensure compliance with the legislation in the field of standardization, certification, metrology by means of administrative and legal influence.
2. common facility administrative offenses provided for in this article are public relations in the field of standardization, certification, metrology. These offenses infringe on the rights and legitimate interests of consumers, as well as the economic interests of Russia.
The direct subject of the offense under part 1 of this article is the mandatory requirements of state standards, compliance with which is determined in the manner of mandatory certification of products and services.
3. In accordance with the Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation" (as amended and supplemented), a standard is a document that establishes product characteristics, implementation rules and characteristics of design processes (including research ), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, performance of work or provision of services. International Standards accepted international organization, and national (state) standards are approved national authority RF for standardization (Article 2 of the said Law).
International standards and (or) national standards used in whole or in part as the basis for the development technical regulations. A technical regulation is a document that establishes mandatory requirements for objects of technical regulation (products, including buildings, structures and structures, or for design processes related to product requirements (including surveys), production, construction, installation, adjustment, operation, storage , transportation, sale and disposal). Technical regulations can be adopted international treaty of the Russian Federation, a federal law, a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation (Article 2 of the Federal Law "On Technical Regulation").
The requirements of the technical regulation take into account the technical and other features certain types products, production processes, operation, storage, transportation, sale, disposal (clauses 2 and 3 of article 8 of the Federal Law "On Technical Regulation").
4. the objective side considered offense constitute actions or omissions that violate the mandatory requirements established by technical regulations for the implementation (supply, sale), use (operation), storage, transportation or disposal of products.
The composition of this offense also includes actions or omissions aimed at evading the presentation of products, documents (certificate of conformity, mark of conformity or declaration of conformity) or other information necessary for the implementation of state control and supervision, i.e. violating the rights of state control (supervision) bodies, provided for by Part 1 of Art. 34 of the said Law.
5. From the subjective side, this offense can be committed both with intent and negligence.
Administrative penalties are assigned legal entities, as well as officials whose labor duties include ensuring compliance with the mandatory requirements of technical regulations. Individual entrepreneurs bear administrative responsibility as officials (see note to article 2.4).
Part 1 of this article does not cover acts, liability for which is provided for in Art. Art. 6.14, 8.23, 9.4, part 1 of Art. 12.2, part 2 of Art. 13.4, Art. 13.8, part 1 of Art. 14.4, Art. 20.4 of the Code.
6. The subject of the encroachment of the offenses provided for in part 2 of the commented article is the rules for mandatory certification of products and services.
The basic rules for mandatory certification are determined by the Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation" (as amended and supplemented).
Mandatory confirmation of the conformity of products and services to mandatory requirements is carried out only in cases established by the technical regulations, and solely for compliance with the requirements of this regulation. The object of mandatory confirmation of conformity can only be products put into circulation on the territory of the Russian Federation. Forms and schemes for mandatory confirmation of conformity can only be provided for by technical regulations (clauses 1 and 2 of article 23 of the above Federal Law).
Mandatory confirmation of conformity is carried out in the following forms: a) acceptance of a declaration of conformity (declaration of conformity); b) mandatory certification.
The Declaration of Conformity and the Certificate of Conformity have the same legal effect regardless of the mandatory conformity assessment schemes and are valid throughout the Russian Federation.
The procedure for applying the forms of mandatory confirmation of conformity is determined by the Federal Law "On Technical Regulation". Individual questions mandatory confirmation of conformity are resolved by regulatory legal acts of the Government of the Russian Federation and federal body executive power on technical regulation.
Look at this issue Decree of the Government of the Russian Federation of December 1, 2009 N 982 "On approval of the Unified list of products subject to mandatory certification, and the Unified list of products, the conformity of which is confirmed in the form of a declaration of conformity" (as amended and supplemented).
7. The objective side includes the sale of certified products: 1) not meeting the requirements of technical regulations; 2) without a certificate of conformity (declaration of conformity) or without a mark of conformity; 3) without indication in the accompanying technical documentation information about certification or regulatory documents that products must comply with, or failure to communicate this information to the consumer (buyer, customer) (see Article 28 of the Federal Law "On Technical Regulation").
Part 2 of this article provides for another offense - the presentation of unreliable product test results or the unreasonable issuance of a certificate of conformity (declaration of conformity) for products subject to mandatory certification. Its subjects are testing laboratories (centers) accredited in the manner prescribed by the relevant certification system, certification bodies, as well as officials of these organizations and bodies. Accredited testing laboratories (centers) are required to ensure the reliability of the results of research (tests) and measurements (paragraph 3, clause 4, article 26, article 42 of the Federal Law "On Technical Regulation"). The duties and responsibilities of the certification body are provided for in paragraph 2 of Art. 26 and Art. 41 of the above Federal Law.
On the subjective side, the offenses provided for in part 2 of this article may be committed intentionally or through negligence.
Under its action do not fall offenses established by Art. 13.6, part 2 and 4 of Art. 13.12, part 2 of Art. 14.4, part 2 of Art. 14.16, art. Art. 20.4, 20.14 of the Code.
8. The direct subject of the offenses provided for in Part 3 of this article are regulations to ensure the uniformity of measurements.
The legal basis for ensuring the uniformity of measurements is established by the Federal Law of June 26, 2008 N 102-FZ "On Ensuring the Uniformity of Measurements". This Law defines the concepts necessary for correct application of the commented article: "uniformity of measurements", "measuring instrument", "standard of a unit of quantity", "state standard of a unit of quantity", "verification of a measuring instrument", etc. (see Article 2).
The procedure for exercising state metrological supervision, the interaction of federal executive bodies in this area, as well as the distribution of powers between them, is established by the President of the Russian Federation or the Government of the Russian Federation within their powers.
Regulatory documents to ensure the uniformity of measurements that establish metrological rules and norms and are binding on the territory of the Russian Federation are approved by the Federal Service for Technical Regulation and Metrology.
9. The objective side of the offense under part 3 of this article consists of actions or omissions that violate the requirements of the above-mentioned Law (see art. 23 and 24).
Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.
You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.
Game? Wrong word. Right word"imprinting".
A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.
Newborns in the USSR for the first few days saw their mother have a minimum of feeding time, and most time we saw the faces of the staff of the maternity hospital. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.
All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.
You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.
1 commentSystem and Observer
Let us define a system as an object whose existence is not in doubt.
An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.
From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.
An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.
An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).
Hypothesis #1. All-seeing eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".
The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.
Hypothesis #2. Internal Observer
It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:
Time flow
External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a side view.
Also, the possibility of combining these hypotheses in one proportion or another is not excluded.
