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The following is an unofficial translation

The Law of the Republic of Kazakhstan On Use of Atomic Energy, 17 April 1997

This law defines the legal foundation and principles for regulating public relations in the field of the use of atomic energy and is aimed at protecting people's health and lives, protecting the environment, and ensuring the non-proliferation of nuclear weapons and radiation safety in using atomic energy.

Chapter 1. General Provisions

Article 1. Main Concepts

This law uses the following main concepts:

state regulation -- activity of authorized state organizations on working out, approving and putting into effect nuclear and radiation security norms and rules, issuing licenses for carrying out activities involving use of atomic energy, and fulfilling supervision;

 

burial -- placement of radioactive waste without intention of further removal provided nuclear and radiation security is ensured;

 

sources of ionizing radiation -- radioactive substances, installations (not counted nuclear

installations), machines and facilities emitting or capable of emitting radioactive ionizing radiation;

 

control -- permanent measures being taken by authorized state organizations and an operating organization to check observance of the requirements, norms, rules and instructions;

 

supervision -- measures being taken by an authorized state organization within its competence to check observance of normative legal acts of the Republic of Kazakhstan, and license and international agreement conditions in order to regulate use of atomic energy;

 

placement sites -- special stationary facilities and constructions intended for storing radioactive substances or burying radioactive waste;

 

radiation safety -- state of radiation situation ensured by a complex of measures limiting radiation influence on personnel, population and environment in accordance with established norms;

 

radioactive substances -- materials containing chemical elements whose nuclei are capable of spontaneous decomposition;

 

radioactive waste -- materials and substances in any modular state containing radioactive substances in quantity and concentration exceeding ones allowed by normative legal acts which have emerged as a result of economic activity and are not subject to further use;

 

special non-nuclear materials -- materials defined as such by under-legal acts in line with international legal nuclear exports regulation regime;

 

goods and services in the field of use of atomic energy -- nuclear installations, equipment, technologies, radioactive substances, special non-nuclear materials used to produce nuclear materials, sources of ionizing radiation, and services related to these;

 

level of withdrawal -- a complex of indicators in terms of activity at which or below which sources of ionizing radiation can be withdrawn out of control in accordance with norms currently in effect;

 

physical protection of nuclear materials and nuclear installations -- a single system of organizational and technical measures to prevent unauthorized access to nuclear materials and installations;

 

storage -- temporary placement of radioactive substances and radioactive waste in specially prepared places (including special containers) from where they can be taken for use, processing or burial;

 

an operating organization -- an organization having a license from an authorized state organization to carry out activity involving use of atomic energy;

 

nuclear safety -- a nuclear facility's ability to a certain degree to ensure the impossibility of a nuclear accident;

 

nuclear materials -- materials containing or capable of breeding decomposing nuclear substances;

 

nuclear installations -- nuclear reactors, including reactors of atomic stations, and of space and aircraft, and vehicles; industrial, experimental and research reactors, nuclear testing grounds;

any other constructions, complexes, installations, equipment and technical facilities for production, use, processing, transportation and placement of nuclear materials.

Article 2. Legislation of the Republic of Kazakhstan in the Field of Use of Atomic Energy

Legislation of the Republic of Kazakhstan in the field of use of atomic energy is based on the Constitution of the Republic of Kazakhstan and consists of this law and other legal and normative acts of the Republic of Kazakhstan, which regulate matters of use of atomic energy.

Article 3. Main Principles of State Policy in the Field of Use of Atomic Energy

1. Main principles of state policy in the field of use of atomic energy are:

• ensuring nuclear and radiation safety in using atomic energy;
• accessibility, objectivity and timeliness of information on atomic energy facilities' influencing on the people and environment;
• ban on burial of radioactive waste from other states on the territory of the Republic of Kazakhstan;
• ensuring state control and supervision over nuclear and radiation safety in using atomic energy;
• ensuring social protection of personnel at facilities using atomic energy, as well as of people living and working in nearby districts;
• compensation of damage caused by radiation;
• participation of citizens, public movements and other legal persons in discussing state policy, draft laws and other normative legal acts of the Republic of Kazakhstan in the field of use of atomic energy.

2. Any activity by legal or natural persons on the territory of the Republic of Kazakhstan involving the use of atomic energy to design, manufacture, test, store or proliferate nuclear weapons is categorically prohibited.

Article 4. Objects and Subjects in the Field of Use of Atomic Energy

Objects in using atomic energy are:

• nuclear installations;
• placement sites;
• sources of ionizing radiation above withdrawal level;
• organizations using sources of ionizing radiation, including medical, academic, research, commercial, agricultural and industrial, including ore mining and processing, and other organizations.

Subjects in the field of use of atomic energy are:

• natural persons;
• authorized state supervising and managing organizations; and
• organizations whose activities involve use of atomic energy.

Article 5. Main Kinds of Activity in the Field of Use of Atomic Energy

1. Activities involving use of atomic energy are:

• placement, designing, building, putting into operation, conservation and stopping operation of atomic energy facilities;
• carrying out work and rendering services involving use of atomic energy;
• dealing with nuclear materials, sources of ionizing radiation and radioactive substances, prospecting for and extraction of mineral resources containing these materials and substances, as well as production, use, processing, transportation and placement of nuclear materials, radioactive substances and radioactive waste;
• carrying out scientific surveys with use of nuclear installations, sources of ionizing radiation, nuclear materials and radioactive substances;
• management of use of atomic energy;
• all kinds of activity at nuclear explosion sites;
• ensuring security in use of atomic energy;
• physical protection of nuclear installations and nuclear materials;
• taking stock and controlling nuclear materials, sources of ionizing radiation, radioactive substances and radioactive waste;
• export and import of nuclear materials, technologies and equipment, and special non-nuclear materials;
• materials, technologies and equipment of double purpose, sources of ionizing radiation, and radioactive substances;
• control over radiation situation on the territory of the Republic of Kazakhstan;
• transit transportation of nuclear materials and radioactive substances via the territory of the Republic of Kazakhstan; and
• training and appraisal of specialists and personnel.

2. All kinds of activity involving use of atomic energy are carried out under permanent state control.

Article 6. Ownership of Atomic Energy Objects

Owners of atomic energy objects can be only legal persons; no restrictions as to forms of ownership.

Chapter 2. State Organizations of the Republic of Kazakhstan in the Field of Use of Atomic Energy

Article 7. State Organizations in the Field of Use of Atomic Energy

The government of the Republic of Kazakhstan defines a central and other authorized state organizations in the field of:

• state regulation of safe use of atomic energy, supervision, control over, and issuing licences for kinds of activity involving use of atomic energy and radiation influence on personnel and people;
• ecological examination to ensure environment protection;
• management and development of the atomic power industry.

Division of functions and an order of interaction between authorized organizations are defined by the government of the Republic of Kazakhstan.

Article 8. Rights of Authorized State Organizations in the Field of Use of Atomic Energy

Authorized state organizations in the field of use of atomic energy (hereafter referred to as authorized organizations) within their competence have a right:

• to submit to the government proposals on working out and changing legislative acts of the Republic of Kazakhstan on the issues of atomic energy use;
• in accordance with and in order to execute law to work out, establish and apply norms and rules regulating activity involving use of atomic energy;
• to issue licenses to carry out activities involving use of atomic energy and check fulfillment of license conditions in line with law;
• to control over observance of norms and rules in the field of use of atomic energy;
• to carry out examinations in order to perform their functions;
• to carry out state control over radiation situation on the territory of the Republic of Kazakhstan;
• to carry out state stocktaking of and control over nuclear materials and sources of ionizing radiation;
• to demand and receive from enterprises, organizations and citizens without any restrictions information and documents required to fulfill their functions;
• to transfer materials to law-enforcement organizations;
• to take a decision on bringing to account responsible person or organization when the given law or other legislative and normative acts of the Republic of Kazakhstan are broken;
• to cooperate with other states' authorized organizations and international organizations on the issues of security in using atomic energy, problems of nuclear weapon non-proliferation, and control over nuclear materials.

Article 9. Rights of Officials at Authorized State Organizations

Officials (heads, deputy heads) at authorized state organizations in fulfilling their direct duties have a right:

• of free access in the established order to atomic energy use objects and to documents describing their activities;
• to suspend or raise a question of stopping a legal person's activity involving use of atomic energy in case it threatens people's or environment safety.

Article 10. Independence of Authorized State Organizations

Authorized state organizations are independent in terms of administration and funding from other executive organizations or establishments whose activities involve use of atomic energy.

Hindering activity of officials from authorized state organizations in their fulfilling officials duties is prohibited.

Chapter 3. Compulsory Conditions Concerning Activities Involving Use of Atomic Energy

Article 11. Issuing Licenses to Carry out Activities Involving Use of Atomic Energy

Activity involving use of atomic energy shall be subject to compulsory licensing in the order established by the legislation of the Republic of Kazakhstan.

Article 12. Nuclear and Radiation Safety

1. Any activity involving use of atomic energy shall be carried out on condition of guaranteed protection of people's health and environment, and protection of property of natural and legal persons from harmful influence of ionizing radiation.

2. Nuclear and radiation safety shall be ensured by an operating organization in accordance with established norms and rules.

Article 13. Dealing with Radioactive Waste

1. All radioactive waste produced on the territory of the Republic of Kazakhstan must be buried in such a way which will guarantee radiation protection of people and environment during the whole period in which it presents a potential danger.

2. Placement of radioactive waste must be envisaged in design and technical documents as a stage in any kind of activity leading to appearance of radioactive waste. A procedure for collecting and burying radioactive waste as well as bodies and organizations which are to implement this shall be defined by the government in accordance with the legislation of the Republic of Kazakhstan.

Article 14. Physical protection of nuclear materials and nuclear installations

1. Ensuring physical protection of nuclear materials and nuclear installations shall be carried out at all stages of construction, operation and stopping operation of plants using nuclear materials and in transporting such materials.

2. Operation of nuclear installations and any work involving use of nuclear materials at any stage of production, use, processing or storage is prohibited unless all measures meeting of physical protection requirements are taken.

3. Physical protection of nuclear materials and nuclear installations is ensured by the organizations operating them. Monitoring to ensure the physical protection of nuclear installations and nuclear materials is carried out by authorized state organizations.

Article 15. Stocktaking and Control Over Nuclear Materials and Sources of Ionizing Radiation

1. Nuclear materials and sources of ionizing radiation are subject to state stock taking and control. To these ends authorized state organizations shall create state systems of stocktaking and control over nuclear materials and sources of ionizing radiation.

2. State systems of stock taking and control over nuclear materials and sources of ionizing radiation shall:

• define the available amount of nuclear materials and sources of ionizing radiation, places of their location;
• prevent losses, unauthorized use and thefts;
• provide with operational information on availability and replacement of nuclear materials and sources of ionizing radiation, as well as on writing off and burying radiation sources, about export and import of sources and nuclear materials by authorized state organizations of the Republic of Kazakhstan, and, in cases envisaged by international agreements, by international organizations and other states.

3. An operating organization which carries out activities involving use of nuclear materials and sources of ionizing radiation ensures their stock taking and provision of true data to authorized state organizations.

4. A procedure for organizing a state system of stock taking and control over nuclear materials and sources of ionizing radiation shall be established by the government of the Republic of Kazakhstan.

Article 16. Main Safety Requirement in Selecting a Territory for and Constructing Nuclear Installations, and Placement Sites.

Selection of a territory for and construction of nuclear installations, and placement sites must be carried out in line with atomic energy use and environment protection norms and rules.

A decision to build a nuclear installation and on a placement site shall be taken by the government of the Republic of Kazakhstan taking into account:

• whether the construction or placements are required in order to solve economic tasks of the country or its specific regions;
• availability of required conditions in line with norms and rules in the field of use of atomic energy to place said installations;
• absence of threat to the said installations' safety from nearby placed civil and military facilities;
• possible social and economic consequences from placing said installations for a region's industrial, agricultural, social and cultural development.

Design documents to said installations are subject to compulsory state ecological, sanitary and technical examination.

Article 17. Nuclear Materials and Sources of Ionizing Radiation Transportation Requirements

1. Nuclear materials and sources of ionizing radiation shall be transported in accordance with the legislation of the Republic of Kazakhstan and international agreements ratified by the Republic of Kazakhstan.

2. Rules for transporting nuclear materials and sources of ionizing radiation shall define rights, duties and responsibility of a consignor, transporter and consignee, safety measures, physical protection, a system of coordinated measures not to allow accidents in transporting, packing and marking requirements, requirements to transportation means, and measures to localize and remove aftermath of possible accidents.

Article 18. Main Requirements on an Operating Organization

1. An operating organization is fully responsible for safety of a nuclear installation, source of ionizing radiation, placement site as well as for proper handling of nuclear materials and nuclear substances. An organization will still be responsible for safety of a nuclear installation, source of ionizing radioactivity, and a placement site even when term of a license expires until said facilities are handed over to another organization or a new license is received.

2. An operating organization must:

• have required enough financial, material and technical and human resources to ensure safety in using atomic energy facilities at all stages of its activity;
• plan measures and provide funds to stop operation of atomic energy objects, recultivate territories, bury radioactive waste, remove aftermath of emergency situations, compensate for damage to people's health and lives and environment, as well as to citizens' and organizations' properties.

3. An operating organization ensures:

• use of a nuclear installation, source of ionizing radiation and a placement facility only to the ends they are intended for;
• organization and coordination of work on and implementation of programs to ensure meeting standards of quality at all stages of putting into operation, operating and stopping operation of a nuclear installation, source of ionizing radiation and a placement site;
• working out and taking measures to be prepared for emergency situations and accident prevention measures at a nuclear installation, source of ionizing radiation and a placement site, as well as measures to minimize negative consequences of accidents for staff at said facilities, people and environment;
• registering individual doses received by staff at facilities using atomic energy and exercising their right for compensation;
• insuring at own expense staff and visitors on business trips from radiation risk;
• fulfillment of other duties set by normative and legal acts.

4. Staff of an operating organization shall pass an appraisal in the order established by the government of the Republic of Kazakhstan.

Chapter 4. Export and Import of Goods and Services in the Field of Use of Atomic Energy

Article 19. Export and Import of Goods and Services in the Field of Use of Atomic Energy.

Export and import of goods and services in the field of use of atomic energy, including handing over, sale or purchase to commercial ends or non-commercial handing over, shall be controlled by authorized state organizations and carried out in line with the legislation of the Republic of Kazakhstan and international agreements ratified by the Republic of Kazakhstan.

Article 20. A Procedure for Exporting and Importing Goods and Services in the Field of Use of Atomic Energy

A procedure for exporting and importing nuclear materials, technologies, equipment and nuclear installations, special non-- nuclear materials, sources of ionizing radiation, radioactive substances and radioactive waste shall be set by legislation of the Republic of Kazakhstan.

Chapter 5. Rights and Duties of Citizens, Public Associations and Organizations

Article 21. Rights of Citizens, Public Associations and Organizations in the Field of Use of Atomic Energy Citizens of the Republic of Kazakhstan, public associations and organizations have the right:

• to receive information through state authorized organizations using atomic energy and media on safety of atomic energy objects planned for construction, being designed, under constructed, operating and being taken out of operation; on control over radiation situation in areas of their residence or work, and on doses of radiation they have received;
• to take part in discussing policy, draft laws and programs in the field of use atomic energy;
• to carry out public ecological examination of design documents and control over radiation situation in accordance with the legislation of the Republic of Kazakhstan;
• to visit in the established order nuclear installations, storage and burial sites in order to familiarize themselves with them;
• to be compensated by operating organizations responsible for an accident for losses and damage caused by a nuclear or radiation accident;
• to be compensated by an operating organization in the order established by law for negative influence of ionizing radiation on a person's life if accepted limits of radiation are exceeded, and for additional risk factors.

Article 22. Duties of Citizens, Public Associations and Organizations in the Field of Use of Atomic Energy

Citizens, public associations and organizations shall observe the legislation regulating use of atomic energy, follow safety norms and rules in the field of use of atomic energy, as well as follow demands by officials from organizations using atomic energy.

Chapter 6. Accountability for Violating Legislation in the Field of Use of Atomic Energy

Article 23. Accountability for Violating Normative and Legal Acts and Settlement of Disputes in the Field of Use of Atomic Energy

1. Citizens, and officials guilty of violating established norms, standards, and rules in the field of use of atomic energy, and creating conditions and preconditions leading to accidents are to be brought to accountability in accordance with legislation of the Republic of Kazakhstan.

2. For unjustified refusal to provide information, for deliberate distortion or hiding of information, as well as for spreading false information on matters of use of atomic energy heads of organizations, including public organizations (associations) and media, are to be brought to accountability in accordance with the legislation of the Republic of Kazakhstan.

3. Disputes on the matters of application of the legislation on use of atomic energy shall be considered in court.

4. A resolution by authorized state organizations can be appealed against in the order established by the legislation of the Republic of Kazakhstan. Filing an appeal does not stop effect of a resolution adopted by an authorized state organization.

Article 24. Compensation for Damage Caused Due to Mishandling of Atomic Energy Facilities

1. Damage caused to citizens' health, as well as their death as a result of mishandling of atomic energy facilities shall be fully compensated by an organization responsible for damage taking into account degree of a damage caused to a victim, medical treatment and nursing expenses, and benefits envisaged by legislation of the Republic of Kazakhstan.

2. Legal and natural persons have a right to demand in the order established by law a responsible organization fully compensate property losses caused by mishandling of atomic energy facilities, and expenses of organizations, irrespective of their form of ownership, and private persons which take part in rescue work and removing aftermath of mishandling of atomic energy facilities.

3. Legal and natural persons responsible for mishandling of atomic energy facilities must in the established order to compensate for damage caused to land, water, flora and fauna, including expenses on land recultivation and restoration of natural fertility of soil.

Chapter 7. International Agreements

Article 25. International Agreements in the Field of Use of Atomic Energy

If provisions of an international agreement ratified by the Republic of Kazakhstan are different from those set out in the legislation of the Republic of Kazakhstan on atomic energy use, provisions of an international agreement shall be applied.

[Signed] N. Nazarbayev, President of the Republic of Kazakhstan, Almaty, 14 April 1997

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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