Наталья Ключевская
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Подписано соответствующее постановление Правительства РФ от 26 апреля 2019 г. № 515 «О системе маркировки товаров средствами идентификации и прослеживаемости движения товаров». Документом утверждены правила маркировки товаров, подлежащих обязательной маркировке средствами идентификации, а также положение о государственной информационной системе мониторинга за оборотом таких товаров (далее – ГИС мониторинга).
Правила маркировки включают:
общие положения (определения используемых терминов, ограничение сферы действия правил); правила формирования и нанесения средств идентификации (коды маркировки в машиночитаемом формате планируется наносить на товары, их упаковку или иной материальный носитель в местах их производства, упаковки или хранения); порядок представления оператору информации об обороте товаров, подлежащих обязательной маркировке средствами идентификации, для ее включения в ГИС мониторинга.
Влечет ли расторжение договора неисполнение продавцом обязанности по передаче документов, относящихся к товару? Узнайте из раздела «Гражданский кодекс РФ» в «Энциклопедии судебной практики» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
В свою очередь, положение о ГИС мониторинга устанавливает порядок ее создания, развития, ввода в эксплуатацию, эксплуатации и вывода из эксплуатации, правила предоставления содержащейся в ней информации, нюансы взаимодействия с иными информационными системами участников оборота товаров, а также порядок формирования сведений в ГИС мониторинга.
Часть информации из ГИС мониторинга будет общедоступной (она появится на интернет-сайте системы), а часть – ограниченного доступа (такую информацию участники системы смогут получить от оператора по запросу).
При этом Правительству РФ предоставлено право утверждать отдельными актами особенности маркировки конкретных товаров или групп товаров и особенности внедрения ГИС мониторинга для них.
Принятие постановления обусловлено поправками, внесенными Федеральным законом от 25 декабря 2018 г. № 488-ФЗ в Федеральный закон от 28 декабря 2009 г. № 381-ФЗ «Об основах государственного регулирования торговой деятельности в Российской Федерации». Предполагается, что установление общих правил маркировки товаров и положения о ГИС мониторинга будет способствовать формированию единого подхода и общему пониманию процессов маркировки товаров, полномочий и обязанностей участников таких процессов.
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