Practical Aspects of the Agreement on Technical Barriers to Trade Application in the Context of Russia's WTO Membership

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.

technical barriers, regulations, standards, conformity assessment procedures, WTO