Legal regime of the certification is a complex of special rules, stated by the IUCI, agreements of the interested parties concerning the certification and also by the related and applicable rules of the international law and national legislations of certain countries, regulating relations of participants of the certification and other persons in connection with holding of certification procedures and application of their results and consequences.

 

Legal regime of the certification includes the following elements:

  • legal regime, based on general rules of holding of certification and implementation of its results, stated by the IUCI;
  •  legal regime, based on agreements of the IUCI and the interested parties concerning the certification;
  •  legal regime, based on production quality guarantees, provided by the IUCI to the interested parties;
  •  legal regime of the arbitration support of the certification.

 

Quality guarantees of the certified product may be claimed from the IUCI by:

  •  contractor of the holder of rights for the object of certification of goods or services;
  •  final consumer of goods or services;
  •  holder of rights for the object of certification (manufacturer, seller) - in order to use guarantees for the confirmation of qualitative characteristics of goods or services for contractors, consumers or other interested parties.

 

During the certification results validity term the quality guarantees of the certified product may be claimed from the IUCI on the phase the certification procedures holding or during the first half of the certification validity term. If quality guarantees are claimed after the expiration of the stated term, such guarantee will be provided only on condition of passing of the certification guarantee basis prolongation procedure by the certification initiator or the other interested party. To prolong the certification guarantee basis for term of one year the interested person must submit a declaration of the unchanged condition of the certification object, approved by the IUCI (if all the necessary requirements are met).

 

Legal regimes of the certification object quality guarantee are divided into the following types:

  •  general legal regimes;
  •  special legal regimes.

 

General legal regime of the certification object quality guarantee is a guarantee, accompanying (during the term of validity of the guarantee basis) facts of proper and corresponding to the designated purpose use of the certification object in the commercial turnover and in the process of functioning of the consumer market.

 

Special legal regime of the certification object quality guarantee is a guarantee, accompanying (during the term of validity of the guarantee basis) facts of proper and corresponding to the designated purpose use of the certification object during the fulfillment of certain commercial contract.

Guarantees provided by the IUCI within the general and special legal regimes of the certification object quality guarantee are divided into official and liability guarantees. Official guarantees may be provided only regarding objects certified under the fifth (or higher) category of certification. Liability guarantees may be provided only regarding objects certified under the seventh category of certification.

 

Official guarantee of the IUCI is a collateral of the IUCI towards the third parties concerning the correspondence of the certification object to the official results of the certification procedure and the obligation of the IUCI to compensate (in the order of subsidiary liability) part of the real and actual material damage, caused to the person by the factual discrepancy between the quality of goods and the quality standard, defined during the certification process. Within the official guarantee subsidiary liability of the IUCI is the obligation of the IUCI to compensate part of the actual (real) damage, not compensated to the victim by the holder of rights for the certification object responsible for the damage. The official IUCI guarantee (as the subsidiary liability) is implemented on condition of presence of the following legal and actual criteria (conditions):

  •  they are no reasons to cancel the results of certification and the IUCI guarantee;
  •  the holder of rights for the certification object responsible for the damage is officially considered as bankrupt;
  •  damage caused to a person by using the certification object is not the result of improper (or incorrect) use of the certification object by such person;
  •  the certification object is authentic and officially sold to the consumer or the contractor by the proper rightholder;
  •  damage caused to a person by the object of certification is not the result of an incident or wrongful behavior of the third parties, it was actually inevitable taking the real qualitative condition of the certification object into account;
  •  damage caused to the person by the use of the certification object is not the result of the extraordinary (rare) concourse of circumstances, not verified by the general statistics of mass use of various samples of the certification object;
  •  damage caused to a person by the use of the certification object would be avoided if such person or the holder of rights for the certification object were properly attentive, disciplined and law-abiding during the process of selling of such an object within the commercial transaction or a retail deal.

 

Within the official guarantee subsidiary liability of the IUCI has the following limits:

  •  concerning objects certified under the 5th category - 10% of the cost of such certification;
  •  concerning objects certified under the 6th category - 20% of the cost of such certification;
  •  concerning objects certified under the 7th category - 30% of the cost of such certification;

 

In case if the interested party claims the official quality guarantee for goods or services of the contractor from the IUCI during the fulfillment of the commercial transaction (the special legal regime of the official quality guarantee for the object of certification), the cost of certification is increased by 1% from the general cost of the transaction. In this case the guarantee may be provided only on the basis of results of the certification expertise of fifth and higher certification category.

 

The IUCI liability guarantee is a collateral of the IUCI towards the third parties concerning the correspondence of the certification object to the official results of the certification procedure and the obligation of the IUCI to compensate (solidary liability, together with the certification object rightholder responsible) part of the real and actual material damage, caused to the person (during the use of the certification object) by the factual discrepancy between the quality of goods  and the quality standard, defined by the certification. Within the liability guarantee the solidary liability of the IUCI is the obligation of the IUCI to compensate part of the actual (real) damage, not compensated to the victim by the holder of rights for the certification object responsible for the damage for various reasons. The IUCI solidary liability within the liability guarantee has the limited nature and the limited volume - 40% of the cost of certification procedures carried out towards the object of the IUCI liability guarantee. The liability IUCI guarantee (as the solidary liability) is implemented on condition of presence of the following legal and actual criteria (conditions):

  •  they are no reasons to cancel the certification results and the IUCI guarantee;
  •  the holder of rights for the certification object responsible for the damage has officially declared the involvement of the IUCI as the solidary debtor in compensation of the material damage caused to the victim by the relevant certification object;
  •  damage caused to a person by using the certification object is not the result of improper (or incorrect) use of the certification object by such person;
  •  the certification object is authentic and officially sold to the consumer or the contractor by the proper rightholder;
  •  damage caused to a person by the object of certification is not the result of an incident or wrongful behavior of the third parties, it was actually inevitable taking the real qualitative condition of the certification object into account;
  •  damage caused to the person by the use of the certification object is not the result of the extraordinary (rare) concourse of circumstances, not verified by the general statistics of mass use of various samples of the certification object;
  •  damage caused to a person by the use of the certification object could be avoided if such person or the holder of rights for the certification object were properly attentive, disciplined and law-abiding during the process of selling of such an object within the commercial transaction or a retail deal.

 

In case if the interested party claims the liability quality guarantee for goods or services of the contractor from the IUCI during the fulfillment of the commercial transaction (the special legal regime of the liability guarantee of the certification object quality) with the possibility of the solidary responsibility of the IUCI and the goods or services manufacturer (seller) concerning the quality of goods or services of the commercial transaction, the cost of certification is increased by 2-5% from the general cost of the transaction. In this case the liability guarantee may be provided only on the basis of results of the certification expertise of seventh certification category.

 

The official and the liability guarantees of the IUCI presuppose the relevant limited material responsibility of the IUCI. The limited amounts of the material liability of the IUCI in official (10-30% of the certification cost) and the liability (40% of the certification cost) guarantees are the maximum possible material responsibility amounts on every guarantee of the IUCI of the certain type. Such amounts may be paid by the IUCI to the victim once and in full or in several parts in favor of various persons (indemnity payments) in case of emergence of several guarantee cases under one IUCI guarantee. If the limited total volume of the IUCI material liability (based on the relevant guarantee) is depleted, the next guarantee cases emerging from such guarantees will not be covered by the subsidiary or solidary liability of the IUCI.

 

The IUCI and the interested holder of rights for the certification object can conclude an agreement concerning the changing of standard terms of validity of the IUCI guarantees.

 

Guarantees of the IUCI act as additional options of the basic certification procedure. The cost of their preparation is not included into the certification cost during the calculation of the material liability of the IUCI concerning the guarantees provided. During the calculation of the IUCI material liability concerning the guarantees provided, discounts and other privileges provided to the relevant holder of rights for the certification procedures are excluded from the cost of the certification.

 

In case if the holder of rights for the certification object illegally uses the IUCI guarantee or claims for the indemnity payments with no reasons for that, the IUCI will cancel the validity of such a guarantee.

 

If the IUCI makes payments not based on the guarantee as a result of the illegal use of the IUCI guarantee by the holder of rights for the certification object or unreasonable claiming of the indemnity payments from the IUCI, such rightholder will have to return the excessively paid amounts and remunerate one-time penalty - 100% of such amounts.

 

Special feature of the certification procedure legal regime is the corporatization of relations, connected with the preparation of the official certification results. Legal nature of results of the certification is a kind of an open collective contract of adhesion with the participation of the IUCI, the certification object rights holder, the certification initiator and potentially unlimited number of third persons - consumers of the certification object, concerning the following: acknowledgement of the certification results; improvement of the legally significant actions, based on such results; determination of possible misbalance between qualitative characteristics of the product and the results of certification; implementation of legal consequences of determination of possible misbalance between qualitative characteristics of the product and the results of certification. Besides, the corporate nature of the acknowledgment of certification results may also lie in the reconsideration of them on the initiative of the IUCI on the basis of multiple claims of the certification object consumers - only if such messages are objective and unprejudiced and the information in them is relatively widespread.

 

Within the legal regime of certification the producer of the certification object or the person possessing it on the proper legal basis as well as the wholesaler or the retailer of the certification object can act as the rightholder for it. All the above-mentioned persons as well as other persons concerned (for example contractors, partners, owners of enterprises-manufacturers etc.) can act as initiators of the certification. At the same time in every particular case various persons can act as the possessors of rights for the certification object. For example: the manufacturer is the possessor of rights on the phase of the shipping of the certification object to the dealer; the dealer - on the phase of reselling of such a product to minor wholesalers; minor wholesalers - on the phase of selling of the product to retailers; shops - during the realization of products to the final consumers. Every above-mentioned possessor of rights has the independent right to carry out the certification of the relevant product. At the same time the IUCI defines the principle of the "subjectival mobility" of the certification. It allows every next possessor of rights in the chain of the sequential transferring of rights for the certification object to accept the official certification results as the assignee and the official user of the certification status within the official certification results legal validity term. In this regard every next possessor of rights can address the IUCI to receive his own nominal certificate for the certification object (as well as other image certification attributes, related to such object), applicable to all official operations with the certification object carried out with the participation of such rightholders. Without such a certificate every next possessor of rights will only have the right to refer to the certification results applicable to the phase of the "product flow" when the certification was carried out, and to the possessor of rights acting as the certification initiator.

 

Legal regime of the arbitration support of the certification is implemented by the IUCI together with the American International Commercial Arbitration Court (AICAC, Wilmington, USA).

Legal regime of the arbitration support of the certification is divided into two spheres:

  •  arbitration verification of the certification;
  •  arbitration support of the certification.

Arbitration verification of the certification is the mechanism of consideration of correspondence of the certification results to real quality of the certification object, definition of necessary consequences and their legal fixation by the decision of the international commercial arbitration court.

Arbitration verification of the certification significantly strengthens the legal certification platform, fixes technical, fact-based and legal signs of the certification object quality, formalizes them by the legal arbitration decision and creates the relevant jurisdiction precedent concerning the matter of certification of the particular product.

Arbitration support of the certification is a special regime when the process of realization of the certification results by the interested persons is under the documentary-juridical control of the AICAC. This mechanism allows the official formalizing of corporatization of the certification results and obliges all the interested parties to address the AICAC on all legal matters, related to the certification object quality and disputes based on these matters.

Legal regime of the certification arbitration support is formalized by special agreements of the IUCI, AICAC and persons concerned. It is supported by special certificates, informative signs and additional attributes.