IAEA/USA Interregional course on
Preparations to Ship Spent Nuclear Fuel (1997)

Russian Federation

FEDERAL LAW
ON THE USE OF ATOMIC ENERGY

(Adopted by the State Duma on 20 October 1995)

The present Federal Law defines the legal basis and the principles of the regulation of relations arising in the use of atomic energy, is aimed at safeguarding human health and life and protecting the environment, protecting property in the use of atomic energy and technology, is called upon to promote the development of nuclear science and technology, and to contribute to the strengthening of international procedures for the safe use of atomic energy.

CHAPTER I.

General Provisions

Article 1. Legislative, Legal and Other Acts of the Russian Federation in the Sphere of the Use of Atomic Energy

Matters arising in the peaceful and defensive uses of atomic energy are regulated by the present Law and by other laws and legal instruments of the Russian Federation. Activity connected with the development, manufacture, testing, operation and use of nuclear weapons and nuclear power plants for military purposes is carried out in on the basis of other Federal laws and does not fall within the scope of this Federal Law.

Article 2. Principles and Aims of Legal Regulation in the Sphere of the Use of Atomic Energy

The main principles of legal regulation in the sphere of the use of atomic energy are:

- the ensuring of safety in the use of atomic energy - protection of the individual, the population and the environment against radiation hazard;

- accessibility of information connected with the use of atomic energy, provided that such information does not contain anything that is a State secret;

- the participation of citizens, commercial and non­commercial organisations (hereinafter - organisations), and other corporate bodies in the discussion of State policy, drafts of Federal laws and other legal instruments of the Russian Federation, and also in practical activity relating to the use of atomic energy;

- compensation for damage caused by radiation; provision of social and economic compensation for the adverse health effects of radiation and the additional risk factors for workers in plants using atomic energy; and,

- the guaranteeing of social protection for those who live and (or) work in areas where such plants are situated.

The main aims of the legal regulation of relations arising in the carrying out of all forms of activity in the sphere of the use of atomic energy are:

- establishment of the legal framework for the system of State control over the use of atomic energy and the system for regulation by the State of safety in the use of atomic energy;

- enactment of the rights, obligations and responsibilities of State authorities, local government bodies, organisations and other corporate bodies and citizens.

Article 3. Scope of this Federal Law

The present Federal Law applies to the following:

- nuclear installations - plants, structures and systems having nuclear reactors - including nuclear power plants, ships and other floating objects, space ships and aircraft, other means of transport and transportable devices; plants, structures and systems having industrial, experimental and research reactors, critical and sub­critical nuclear testing units;

- plants, structures, systems, test grounds, installations and devices with nuclear charges for peaceful purposes; other plants, structures, systems and installations containing nuclear materials for the manufacture, use, processing, transportation and storage of nuclear fuel and nuclear materials;

- radiation sources - systems, installations, apparatus, equipment and components that, not being a part of nuclear installations, contain radioactive substances or give rise to ionizing radiation;

- storage facilities for nuclear materials and radioactive substances, repositories (hereinafter - storage facilities) for radioactive waste - stationary objects and structures not in the category of nuclear installations or radiation sources that are designated for the storage of nuclear materials and radioactive substances and the storage or disposal of radioactive waste;

- nuclear materials - materials containing or capable of generating fissile nuclear substances;

- radioactive substances - substances that, while not in the category of nuclear materials, emit ionizing radiation;

- radioactive waste - nuclear materials and radioactive substances, the further use of which is not envisaged.

The allocation of the objects specified to the categories enumerated is decided by the operating organisation and recorded in an appropriate document in the manner laid down by the Federal authorities for the regulation of safety in the use of atomic energy (hereinafter - the State safety regulatory authorities).

The operation of this Federal Law shall not extend to objects containing or using nuclear materials and radioactive substances in amounts and possessing an activity (and/or emitting ionizing radiation at an intensity or strength) below the levels laid down by Federal rules and regulations on the use of atomic energy as requiring a permit for their use from the State safety regulatory authorities.

Article 4. Forms of Activity in the Sphere of the Use of Atomic Energy

The present Federal Law applies to the following forms of activity in the sphere of the use of atomic energy:

- the siting, design, construction, operation and decommissioning of nuclear installations, radiation sources and storage facilities;

- the development, production, testing, conveyance, storage and use of nuclear charges for peaceful purposes, and their handling;

- the handling of nuclear materials and radioactive substances, including prospecting for and mining minerals containing these materials and substances, and the production, use, processing, conveyance and storage of nuclear materials and radioactive substances;

- the ensuring of safety in the use of atomic energy;

- monitoring nuclear, radiation, technical and fire safety precautions (hereinafter - safety) for nuclear installations, radiation sources and storage facilities, and monitoring the health of citizens in the use of atomic energy;

- the conduct of scientific research in all spheres of the use of atomic energy;

- the physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances;

- the recording and monitoring of nuclear materials and radioactive substances;

- the exportation and importation of nuclear installations, equipment, technology, nuclear materials, radioactive substances, special non­nuclear materials and services in the sphere of the use of atomic energy;

- State monitoring of the radiation situation in the territory of the Russian Federation;

- the training of specialists in the use of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances;

- the carrying out of other activity in the sphere of the use of atomic energy.

Article 5. Ownership of Nuclear Installations, Radiation Sources, Storage Facilities, Nuclear Materials and Radioactive Substances

The following shall be Federal property:

- all nuclear materials;

- radioactive waste containing nuclear materials;

- nuclear installations, radiation sources and storage facilities for defensive purposes.

Nuclear installations and storage facilities not for defensive purposes shall be Federal property unless otherwise provided by legislation.

Radiation sources and also radioactive substances that are not for defensive purposes and radioactive waste not containing nuclear materials may be either Federal property, or the property of the subject members of the Russian Federation, or municipal property, in the manner laid down by law. Ownership of the said objects shall be given legal expression in a certificate issued by the Government of the Russian Federation in the manner laid down by it.

The handing over of nuclear materials that are Federal property shall be permitted only for use by corporate bodies in possession of permits (licences) issued by the State safety regulatory authorities entitling them to conduct operations in the sphere of the use of atomic energy, and on the basis of agreements drawn up by a specially empowered State body.

The owners of nuclear installations, radiation sources, storage facilities, nuclear materials, radioactive substances and radioactive waste shall monitor their state of preservation and their proper handling in accordance with this Federal Law and other legal instruments of the Russian Federation.

Article 6. Federal Rules and Regulations in the Sphere of the Use of Atomic Energy

Federal rules and regulations (hereinafter - rules and regulations) in the sphere of the use of atomic energy shall lay down the safety criteria, compliance with which is obligatory in the conduct of any type of activity in the sphere of the use of atomic energy. A schedule of the Federal rules and regulations in the sphere of the use of atomic energy, and also amendments and additions to that schedule shall be approved by the Government of the Russian Federation.

The rules and regulations in the sphere of the use of atomic energy shall be drafted and approved in the manner laid down by the Government of the Russian Federation.

The procedure for the drafting and approval of rules and regulations in the sphere of the use of atomic energy must provide for prior publication of the said draft rules and regulations in an official printed organ, and provision must be made for their discussion, with the exception of rules and regulations that are State secrets.

These rules and regulations must take into account the recommendations of the international organisations in the sphere of the use of atomic energy in whose work the Russian Federation participates.

The rules and regulations in the sphere of the use of atomic energy shall be published in an official printed organ, with the exception of rules and regulations that are State secrets.

After the rules and regulations in the sphere of the use of atomic energy come into force they shall be binding on all persons who carry out activity in the sphere of the use of atomic energy and shall be in force throughout the territory of the Russian Federation.

CHAPTER II.

The Competence of the President of the Russian Federation,

the Government of the Russian Federation,

the Authorities of the Russian Federation,

the Authorities of the Subject Members of the Russian Federation,

and Local Government Bodies in the Sphere of the Use of Atomic Energy

Article 7. Powers of the President of the Russian Federation in the Sphere of the Use of Atomic Energy

In the sphere of the use of atomic energy the President of the Russian Federation:

- determines the main lines of State policy in the sphere of the use of atomic energy;

- takes decisions on matters of safety in the use of atomic energy;

- takes decisions on matters concerned with the prevention of states of emergency in the use of atomic energy and on dealing with their consequences.

Article 8. The Powers of the Federal Assembly of the Russian Federation in the Sphere of the Use of Atomic Energy

In the sphere of the use of atomic energy the Federal Assembly of the Russian Federation:

- adopts Federal laws in the sphere of the use of atomic energy;

- approves special Federal programmes in the sphere of the use of atomic energy;

- approves financial appropriations in the Federal budget for the financing of activity in the sphere of the use of atomic energy;

- approves financial appropriations for measures to deal with the effects of states of emergency arising from the use of atomic energy;

- gives parliamentary hearings to matters concerning the use of atomic energy.

Article 9. The Powers of the Government of the Russian Federation in the Sphere of the Use of Atomic Energy

In the sphere of the use of atomic energy the Government of the Russian Federation:

- promulgates Federal laws, enforceable edicts of the President of the Russian Federation, decrees and regulations in the sphere of the use of atomic energy on the basis of and in furtherance of the Constitution of the Russian Federation;

- arranges for the drafting and provides for the carrying out of special Federal programmes in the sphere of the use of atomic energy;

- determines the functions, procedures, rights and duties of the bodies responsible for management of the use of atomic energy and the State safety regulatory authorities in accordance with the legislation of the Russian Federation;

- manages nuclear materials, nuclear installations, radiation sources, storage facilities and radioactive substances that are Federal property;

- takes decisions on the design, construction, operation and decommissioning of nuclear installations, radiation sources and storage facilities that are Federal property or of Federal or inter­regional importance, including those located in administrative areas to which access is restricted;

- takes decisions on the development and production of nuclear installations, radiation sources and storage facilities for defensive purposes;

- takes measures for the social protection of citizens, ensures the payment of social and economic compensation for the adverse effects of ionizing radiation and other risk factors for the workers of plants that use atomic energy;

- ensures the payment of compensation for damage from radiation exposure pursuant to Article 57 of this Federal Law;

- establishes the procedure for the exportation and importation of nuclear installations, equipment, technology, nuclear materials, radioactive substances, special non­nuclear materials and services in the sphere of the use of atomic energy;

- decides matters of the importation of spent nuclear fuel into the Russian Federation for its reprocessing, including the technological process of temporary storage before its reprocessing, in accordance with the law;

- ensures the physical protection of nuclear materials, as well as of nuclear installations, radiation sources, storage facilities and radioactive substances that are Federal property;

- monitors fulfilment of the undertakings of the Russian Federation under the international agreements of the Russian Federation in the sphere of the use of atomic energy;

- coordinates the international co­operation of the Russian Federation in the sphere of the use of atomic energy;

- exercises other powers entrusted to it by the Constitution of the Russian Federation, Federal laws and edicts of the President of the Russian Federation.

Article 10. Activities Jointly Undertaken by the Authorities of the Russian Federation and the Authorities of Subject Members of the Russian Federation in the Sphere of the Use of Atomic Energy

The authorities of the Russian Federation and the authorities of subject members of the Russian Federation:

- adopt decisions on the siting of nuclear installations for defensive purposes that are Federal property or of Federal or inter­regional importance, radiation sources and storage facilities in the manner laid down by the legislation of the Russian Federation;

- carry out State environmental assessment of planning documents and other documents in the sphere of the use of atomic energy in the manner laid down by the legislation of the Russian Federation;

- ensure that the rights of citizens are safeguarded in the use of atomic energy;

- ensure safety and environmental protection in the use of atomic energy;

- carry out measures to deal with the effects of accidents in the use of atomic energy;

- carry out activity concerning the training of specialists in the sphere of the use of atomic energy, including specialist training involving the use of nuclear installations, radiation sources, nuclear materials and radioactive substances;

- draft and carry out comprehensive programmes for the social and economic development and environmental safety of territories in which plants that make use of atomic energy are located.

Article 11. Powers of the Authorities of the Subject Members of the Russian Federation in the Sphere of the Use of Atomic Energy

In the sphere of the use of atomic energy the authorities of subject members of the Russian Federation:

- exercise powers of ownership over radiation sources, storage facilities and radioactive substances that are the property of subject members of the Russian Federation;

- carry out measures in the territories under their jurisdiction to ensure the safety of nuclear installations, radiation sources and storage facilities within the limits laid down by the legislation of the Russian Federation;

- draft, in the light of Federal programmes in the sphere of the use of atomic energy corresponding Republican and regional (territorial) programmes;

- lay down the procedure for discussion of matters relating to the use of atomic energy and organize such discussion with the participation of organisations, public organisations (associations) and citizens;

- lay down the decision­taking procedure and take decisions on the siting and construction in the territory under their jurisdiction of nuclear installations, radiation sources and storage facilities that are the property of subject members of the Russian Federation, and on their decommissioning, as well as on the subsequent storage of the radioactive waste;

- deal with matters concerning the provision of protection for citizens and the environment against radiation exposure exceeding the exposure limits laid down by the rules and regulations in the sphere of the use of atomic energy;

- monitor measures to ensure the radiation safety of the population and protect the environment in the territory under their jurisdiction, and the preparedness of enterprises, organisations and citizens to act in the eventuality of an accident in a plant concerned with the use of atomic energy;

- record and monitor radioactive substances in the territory under their jurisdiction within the framework of the State system for the recording and monitoring of radioactive substances;

- ensure the physical protection of nuclear materials, as well as of nuclear installations, radiation sources, storage facilities and radioactive substances that are the property of subject members of the Russian Federation;

- decide other matters in the sphere of the use of atomic energy within the limits of the competence defined by the legislation of the Russian Federation.

Article 12. The Competence of Local Authorities in the Sphere of the Use of Atomic Energy

Local authorities carry out the following activities:

- participation in the discussion and decision of matters concerning the siting in the territory under their jurisdiction of nuclear installations, radiation sources and storage facilities;

- the taking of decisions on the siting and construction of radiation sources of local importance in the territory under their jurisdiction;

- participation in the expert environmental assessment of plans for plants concerned with the use of atomic energy, projected nuclear installations, radiation sources and storage facilities in the territory under their jurisdiction;

- making land available for the siting of nuclear installations, radiation sources and storage facilities in the territory under their jurisdiction in accordance with the legislation of the Russian Federation;

- provision of information to the population through the mass media on the radiation situation in the territory under their jurisdiction;

- the drafting and adoption of measures for the protection of citizens and their personal property, the lessening of damage and restoration of the normal functioning of organisations in the event of an accident occurring in plants concerned with the use of atomic energy, and prompt provision to the population of information on the risk of radiation exposure, and levels of radioactive contamination of the environment and of agricultural produce.

CHAPTER III.

The Rights of Organisations, Including Public Organisations (Associations)

and Citizens in the Sphere of the Use of Atomic Energy

Article 13. The Rights of Organisations, Including Public Organisations (Associations) and Citizens to Obtain Information in the Sphere of the Use of Atomic Energy

Organisations, including public organisations (associations), and citizens have the right to request and receive information in the manner laid down by the legislation of the Russian Federation from the appropriate authorities and organisations, within their competence, on the safety of nuclear installations, radiation sources and storage facilities that are projected, in the planning stage, under construction, in use and being decommissioned, except such information as constitutes a State secret.

Citizens have the right to obtain information on the radiation situation in a given region free of charge from organisations of the State system for monitoring the radiation situation in the territory of the Russian Federation.

Citizens who have been irradiated have the right to obtain a document on the radiation dose received. The procedure for obtaining such a document and the form that it takes are laid down by the Federal health authorities.

Officials of organisations, including public organisations (associations) and the mass media shall be liable in accordance with the legislation of the Russian Federation for refusal to supply information, and for the wilful distortion or concealment of objective data on matters relating to safety in the use of atomic energy.

Citizens of the Russian Federation have the right to visit nuclear installations, radiation sources and storage facilities for the purpose of informing themselves. The procedure for visiting plants concerned with the use of atomic energy is laid down by the Government of the Russian Federation.

Article 14. The Rights of Organisations, Including Public Organisations, and Citizens to Take Part in the Shaping of Policy in the Sphere of the Use of Atomic Energy

Organisations, including public organisations, and citizens have the right to take part in the discussion of draft legislation and programmes in the sphere of the use of atomic energy, as well as in the discussion of matters connected with the siting, planning, construction, operation and decommissioning of nuclear installations, radiation sources and storage facilities.

The authorities of the subject members of the Russian Federation and local government bodies in whose territory it is proposed to site nuclear installations, radiation sources or storage facilities are obliged, within the limits of their competence, to organize discussion of matters relating to the siting, planning and construction of plants concerned with the use of atomic energy, with the participation of organisations, including public organisations (associations), and citizens.

In accordance with the results of such discussion, the authorities and local government bodies concerned take decisions, which must be published in an official printed publication. Formal legal objections to these decisions may be lodged within the three months following their adoption by any corporate body or individual whose legal rights and interests may have been prejudiced.

Organisations, including public organisations (associations) are entitled to recommend their representatives to take part in the expert assessment of nuclear installations, radiation sources and storage facilities in the stage of siting, planning, construction, operation and decommissioning.

Article 15. The Right of Citizens to Compensation for Loss and Damage Caused by Radiation Exposure in the Use of Atomic Energy

Citizens who have suffered loss and damage as a result of radiation exposure in connection with the use of atomic energy are entitled to full compensation thereof in accordance with Articles 53­60 of this Federal Law and other legal instruments of the Russian Federation.

Article 16. The Rights of the Workers of Plants Using Atomic Energy to Social and Economic Compensation

The workers of nuclear installations, radiation sources and storage facilities, persons sent on mission to them, and workers engaged on any other work with nuclear materials and radioactive substances have the right to social and economic compensation for the adverse effect of ionizing radiation on health and for the additional risk factors.

The right to social and economic compensation (including medical and health care) for the adverse effect of ionizing radiation on health is also enjoyed by persons previously employed in plants concerned with the use of atomic energy. The types and amount of the compensation for the adverse effect of ionizing radiation on health and for the additional risk factors, and also the sources from which this compensation is financed are laid down by the legislation of the Russian Federation.

The procedure for the provision of this compensation is laid down by the Government of the Russian Federation.

Article 17. Measures for the Social Protection of Citizens in the Locality of Nuclear Installations, Radiation Sources and Storage Facilities

Citizens living and working or on military service in the observation zones of nuclear installations, radiation sources or storage facilities are entitled to social and economic compensation for the additional risk factors or for the special conditions of living and working or of carrying out military service.

The types and amounts of the compensation and of social welfare provisions are laid down by Federal legislation in relation to the type and safety characteristics of the plant concerned with the use of atomic energy.

The procedure for the awarding of compensation and the social welfare provision are laid down by the Government of the Russian Federation.

Article 18. Insurance of Citizens of the Russian Federation Against Radiation Risk in the Use of Atomic Energy

The workers of nuclear installations, radiation sources and storage facilities, persons sent on mission to them, and also citizens living and working or on military service in the observation zone of nuclear installations, radiation sources and storage facilities, shall have compulsory free insurance against radiation risk, the cost to be borne by the owners or proprietors (users) of the plant concerned with the use of atomic energy.

Citizens of the Russian Federation are entitled to take out voluntary insurance of the person and property against radiation risk. Payment of the premiums for this type of insurance is effected separately from payment of the premiums for State social insurance and social security.

The procedure and conditions for insurance of the person and property against radiation risk are determined by the legislation of the Russian Federation.

Article 19. Civil Rights Regarding the Carrying Out of Medical Procedures Involving the Use of Ionizing Radiation

When requested by the patient, full information shall be given on the size of the dose planned and actually received in investigation or treatment.

The right to decide on the use of ionizing radiation or radioactive substances in carrying out medical procedures is left to the patient or his legal representative.

CHAPTER IV.

State Control of the Use of Atomic Energy

Article 20. Federal Bodies Controlling the Use of Atomic Energy

State control of the use of atomic energy is effected by Federal bodies specially empowered for that purpose by the President of the Russian Federation or by the Government of the Russian Federation acting on his instructions (hereinafter the atomic energy control bodies) in the manner laid down by the present Federal Law, and by other laws and legal instruments of the Russian Federation.

In accordance with their Statutes, the powers of these control bodies include:

- implementation of State scientific, technical, investment and structural policy in the sphere of the use of atomic energy;

- formulating and carrying out safety measures for the use of atomic energy in the organisations that they administer;

- drafting rules and regulations in the sphere of the use of atomic energy;

- providing protection against fire for plants concerned with the use of atomic energy and monitoring compliance with the fire regulations;

- ensuring the physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances;

- arranging for manpower and resources to be ready to take action should emergency situations occur in plants using atomic energy and conducting State monitoring of the carrying out of preventive measures;

- participation in the organisation and implementation of the certification of equipment, components and technological processes for nuclear installations, radiation sources and storage facilities;

- ensuring State monitoring of compliance with the requirements of State standards and regulations for metrological examination and certification in the sphere of the use of atomic energy;

- ensuring State monitoring of the radiation situation in the territory of the Russian Federation;

- ensuring State recording and monitoring of nuclear materials and radioactive substances;

- ensuring State monitoring of the technical safety of ships and other floating structures that have nuclear installations and radiation sources;

- ensuring the formulation and carrying out of programmes for the handling of radioactive waste;

- carrying out other duties pursuant to the Statutes on atomic energy control bodies.

Article 21. State Monitoring of the Radiation Situation in the Territory of the Russian Federation

State monitoring of the radiation situation is carried out in the territory of the Russian Federation for the timely detection of changes in the radiation situation, for assessment, for the prediction and prevention of possible adverse radiation effects on the population and the environment, and also for the systematic provision of prompt and relevant information to the State authorities, the atomic energy control bodies, the State atomic safety regulatory authorities and organisations with a view to adoption of the measures needed to prevent or reduce radiation exposure.

The Government of the Russian Federation determines how the State system for monitoring the radiation situation in the territory of the Russian Federation is organized and operates, and defines the powers of the agencies that carry out the monitoring.

Article 22. State Recording and Monitoring of Nuclear Materials, Radioactive Substances and Radioactive Waste

Nuclear materials are subject to recording and monitoring at the Federal and departmental levels under the system for the State recording and monitoring of nuclear materials, while radioactive substances and radioactive waste are subject to monitoring at the Federal, regional and departmental levels to determine the actual amounts of such materials and substances in the localities where they are found, to prevent loss, unauthorized use or misappropriation and to provide the State authorities and control bodies for the use and safety of atomic energy with information on the presence and movement of nuclear materials, radioactive substances and radioactive waste, and also on their exportation and importation.

The Government of the Russian Federation determines how the State system for the recording and monitoring of nuclear materials and the State system for the recording and monitoring of radioactive substances and radioactive waste are organized and designates the bodies that carry out the State recording and monitoring of nuclear materials and the State recording and monitoring of radioactive substances and radioactive waste.

CHAPTER V.

Regulation of Safety Aspects in the Use of Atomic Energy

Article 23. State Regulation of Safety Aspects in the Use of Atomic Energy

State regulation of safety aspects in the use of atomic energy is the activity of Federal executive agencies duly empowered by the President of the Russian Federation or by Government of the Russian Federation action on his instructions for the purpose of organizing the drafting, adoption and putting into practice of rules and regulations in the sphere of the use of atomic energy, the issuing of permits (licences) to carry out activity

connected with the use of atomic energy, monitoring safety and carrying out expert assessments and inspections, and monitoring the development and application of measures to protect the workers of plants concerned with the use of atomic energy, the population and the environment in the event of an accident in the use of atomic energy.

Article 24. Federal Executive Agencies Carrying Out State Regulation of Safety in the Use of Atomic Energy

State regulation of safety in the use of atomic energy is carried out by duly empowered Federal executive agencies - State safety regulation authorities - that regulate nuclear, radiation and technical safety and fire precautions. These authorities are independent of other State bodies and also of organisations whose activity is concerned with the use of atomic energy.

The types of regulatory activity regarding nuclear, radiation and technical safety and fire precautions, and demarcation of the powers, rights and duties of the agencies concerned, as well as the powers of officials, are set out in the Statutes relating to the State safety regulatory agencies.

The activity of the State safety regulatory authorities is financed from the Federal budget.

Article 25. Powers of the State Safety Regulatory Authorities

The State authorities for the regulation of safety have the following powers within the limits of their competence:

- to submit, for the consideration of bodies with the power to initiate legislation, proposals on the drafting of legislation on matters relating to ensuring safety in the use of atomic energy;

- to draft, approve and bring into force rules and regulations in the sphere of the use of atomic energy in accordance with this Federal Law and the legislation of the Russian Federation;

- to grant licences for activity in the sphere of the use of atomic energy for the purpose of ensuring safety;

- to monitor compliance with rules and regulations in the sphere of the use of atomic energy, and the operating conditions of permits (licences) to carry out work in the sphere of the use of atomic energy;

- to carry out inspections on nuclear, radiation and technical safety, and on fire precautions;

- to inspect the physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances, and to inspect systems for the unified State recording and monitoring of nuclear materials and radioactive substances;

- to carry out expert assessments of the safety of nuclear installations, radiation sources and storage facilities, including assessments in conjunction with independent specialists;

- to carry out inspections associated with the performance of their functions;

- to participate in the organisation and carrying out of activities on the certification of equipment, components and production processes for nuclear installations, radiation sources and storage facilities;

- to monitor environmental protection and the use of natural resources in the use of atomic energy;

- to monitor the use of material and monetary resources earmarked for activity in the sphere of the regulation of nuclear, radiation and technical safety and fire precautions;

- to monitor compliance with the international undertakings of the Russian Federation relating to safety in the use of atomic energy;

- to apply administrative pressure in the manner laid down by the legislation of the Russian Federation.

Article 26. Permits (Licences) to Carry Out Activities in the Sphere of the Use of Atomic Energy

In this Federal Law, a permit (licence) granting the right to carry out activities in the sphere of the use of atomic energy is understood to mean an official document confirming the right to carry out a specified type of activity provided that the safety of the plant concerned with the use of atomic energy and of the activities carried out is ensured.

Permits (licences) to carry out operations in the sphere of the use of atomic energy are issued by the State safety regulatory authorities. The said permits (licences) are issued to operating organisations, and also to organisations that carry out activities and provide services in the sphere of the use of atomic energy.

The permit (licence) must indicate the holder of the permit (licence), the requirements and conditions necessary to ensure operational safety, and the period for which the permit (licence) is in force.

A schedule of the types of activity in the sphere of the use of atomic energy that require that a permit (licence) be obtained, and the procedures for the granting and revoking of such permits (licences), shall be established by the Government of the Russian Federation.

The introduction of new rules and regulations in the sphere of the use of atomic energy will not automatically entail the revocation of the permit (licence) to carry out activities in the sphere of the use of atomic energy or an alteration in the period for which it is in force.

No activity of any sort in the sphere of the use of atomic energy that has to be licensed by the State agencies for the regulation of safety may be carried out unless a permit (licence) for it has been obtained.

Article 27. Permits (Licences) to Carry Out Activities in the Sphere of the Use of Atomic Energy Issued to Workers of Plants Concerned With the Use of Atomic Energy

Certain types of activity connected with the use of atomic energy are carried out by workers of plants concerned with the use of atomic energy possessing permits issued by the State safety regulatory authorities.

The list of the specialists in the workforce who, as a function of the activity they perform, need to obtain a permit conferring the right to carry out activities in the sphere of the use of atomic energy, as well as the qualifications that they are required to possess, is determined by the Government of the Russian Federation. One of the essential conditions for obtaining a permit is the lack of medical contraindications, including psychophysiological contraindications.

The list of medical contraindications and the list of posts to which they apply, as well as the requirements for medical examinations and psychophysiological investigations are determined by the Government of the Russian Federation.

A worker who holds such a permit is liable for any infringement in the work carried out. Should the conditions of the said licence be infringed, it may be revoked by the State safety regulatory authority that issued it.

CHAPTER VI.

Siting and Construction of Nuclear Installations,

Radiation Sources and Storage Facilities

Article 28. Decisions on the Siting and Construction of Nuclear Installations, Radiation Sources and Storage Facilities

Decisions on the siting and construction of nuclear installations, radiation sources and storage facilities having relevance to defence that are Federal property, or are of Federal or inter­regional importance, or are located in administrative areas to which access is restricted, are taken by the Government of the Russian Federation.

Decisions on the siting and construction of the said plants are taken jointly by the Government of the Russian Federation and the authorities of subject members of the Russian Federation.

Decisions on the siting and construction of other storage facilities, as well as of radiation sources that are of inter­regional importance are taken by the authorities of the subject members of the Russian Federation in whose territory it is proposed that they be sited and constructed.

Decisions on the siting and construction of other radiation sources are taken by the local government bodies acting on a submission from the operating organisation.

Plots of land and areas underground are allocated for the siting and construction of nuclear installations, radiation sources and storage facilities in the manner and on the conditions laid down by the land legislation of the Russian Federation, the legislation of the Russian Federation on the subsurface and the laws and other legal instruments of the Russian Federation.

Decisions on the siting and construction of nuclear installations, radiation sources and storage facilities are taken on the basis of the findings of a State expert environmental assessment and in the light of the findings of expert assessments made by public organisations.

Decisions on the siting and construction of nuclear installations, radiation sources and storage facilities are taken in the manner laid down by the Government of the Russian Federation.

Article 29. Revocation of a Decision on Construction of a Nuclear Installation, Radiation Source or Storage Facility

The State body that has adopted a decision on the siting and construction of a nuclear installation, radiation source or storage facility is obliged to revoke its decision or discontinue or halt the construction should there be found to be additional factors that reduce the safety level of these plants or worsen the state of the natural environment, or that entail other undesirable consequences. Proposals for reconsideration of the decision taken may be adopted by the authorities and local government bodies and by public organisations (associations).

Losses connected with discontinuation or halting of the construction of a nuclear installation, radiation source or storage facility in the event that, during the construction process, additional factors come to light that may reduce the safety level of these plants or worsen the state of the natural environment, or factors entailing other undesirable consequences, shall be legally recoverable from the resources of the organisations responsible for the fact that such factors were not discovered and taken into account in good time.

In all other cases, losses connected with the discontinuation or cessation of the construction of such facilities shall be met from the budgets concerned.

Article 30. Basic Safety Requirements for the Siting and Construction of Proposed Nuclear Installations, Radiation Sources and Storage Facilities

The siting and construction of nuclear installations, radiation sources and storage facilities must be based on the rules and regulations in the sphere of the use of atomic energy and environmental protection.

The decision on the siting and construction of a nuclear installation, radiation source or storage facility is adopted in the light of:

- the need for them in order to solve economic and defence problems for the Russian Federation and its individual regions;

- the presence of the essential conditions for the siting of the said plants that meet the requirements of the rules and regulations in the sphere of the use of atomic energy;

- the lack of any threat to the safety of the nuclear installation, radiation source or storage facility from nearby civil or military objects;

- the possible social and economic consequences of the siting of the above­mentioned plants concerned with the use of atomic energy for the industrial, agricultural, social and cultural development of the region.

Assessment reports on the radiation effect of the nuclear installation, radiation source or storage facility on the environment are submitted along with the other project documentation required for State expert environmental assessment by the appropriate State body controlling the use of atomic energy or by the operating organisation .

Article 31. Establishment of the Health Protection Zone and the Observation Zone

Special territories - the health­protection zone and the observation zone - shall be established for the purpose of protecting the population of the area where a nuclear installation, radiation source or storage facility is located.

Monitoring of the radiation situation must be carried out in the health­protection zone and the observation zone.

The size and the boundaries of the health­protection zone are determined in the plan of the health­protection zone in conformity with the safety rules and regulations in the sphere of the use of atomic energy, which are agreed with the offices of the health and epidemic inspectorate and approved by the local government bodies.

The siting of dwellings and public buildings, children's establishments, and also health care facilities unconnected with the operation of the nuclear installation, radiation source or storage facility, and of communal catering facilities, industrial plant, outbuildings and other structures and plant for which no provision is made in the approved plan of the health­ protection zone is prohibited in the health­protection zone.

The use for economic purposes of existing plant and structures located in the health­ protection zone following changes in their scheduled use is permitted at the request of the operating organisation with the approval of the State safety regulatory authorities.

The effect of the measures of social and economic compensation for citizens in respect of additional risk factors, and the effect of the planning measures for dealing with accidents are extended to an observation zone that incorporates a health protection zone.

The need to establish an observation zone, and its size and its boundaries are determined in the plan on the basis of the safety specifications of the plants using atomic energy and are agreed with the offices of the sanitary and epidemic inspectorate.

The offices of the sanitary and epidemic inspectorate may impose restrictions on economic activity in the observation zone in accordance with the legislation of the Russian Federation.

Losses arising from the establishment of a health­protection zone and an observation zone in the vicinity of a nuclear installation, radiation source or storage facility are compensated by the operating organisation in accordance with the legislation of the Russian Federation.

Depending on the safety specifications of the plants concerned, the health­protection zone and the observation zone may be restricted for some plants concerned with the use of atomic energy to the territorial limits of the plant, building or unit.

Article 32. Operational Acceptance and Commissioning of Nuclear Installations, Radiation Sources and Storage Facilities

Operational acceptance of nuclear installations, radiation sources and storage facilities must cover the production and living facilities for which provision is made in the plans for these plants.

The commissioning of nuclear installations, radiation sources and storage facilities is effected when the operating organisations have permits (licences) issued by the appropriate State authorities for the regulation of safety in their operation.

Article 33. Decommissioning and Downgrading of the Operational Characteristics of Nuclear Installations, Radiation Sources and Storage Facilities

The procedure and measures for the decommissioning of nuclear installations, radiation sources and storage facilities must be covered by the plan for the plant concerned with the use of atomic energy in accordance with the rules and regulations in the sphere of the use of atomic energy.

The procedure for the financing of operations connected with the decommissioning of nuclear installations, radiation sources and storage facilities is established by the Government of the Russian Federation and must be determined before their commissioning.

Proposals for the decommissioning of nuclear installations, radiation sources and storage facilities before exhaustion of the resource stipulated in the project of the plant concerned with the use of atomic energy, or for downgrading of the planned operational technical and economic indicators may be made by the authorities of the Russian Federation, and also by local government bodies and public organisations (associations) when there are

appropriate grounds.

Decisions on the early decommissioning of nuclear installations, radiation sources and storage facilities are taken by the authorities or local government bodies that decided to construct them, or by their successors in title, and are notified to the operating organisation without delay, taking into account the technological and environmental capabilities of the operating organisation.

When the decision on the early decommissioning or downgrading of the operational characteristics of nuclear installations, radiation sources and storage facilities is motivated by other than technical or environmental considerations, losses occasioned by the taking of such a decision shall be compensated by the authorities that took this decision. The decision on compensation for damage (should there be a dispute) is taken by the courts.

CHAPTER VII.

The Legal Regime of Organisations Active

in the Sphere of the Use of Atomic Energy

Article 34. An operating organisation active in the sphere of the use of atomic energy

An operating organisation is an organisation created in accordance with the legislation of the Russian Federation and recognized by the appropriate agency regulating the use of atomic energy as fit to operate a nuclear installation, radiation source or storage facility and, on its own or with the involvement of other enterprises and organisations, to carry out activity concerned with the siting, design, construction, commissioning, operation and decommissioning of a nuclear installation, radiation source or storage facility and also activity concerned with the handling of nuclear materials and radioactive substances. In order to carry out these types of activity the operating organisation must have permits (licences) issued by the appropriate State authorities for the regulation of safety entitling it to carry out operations in the sphere of the use of atomic energy.

The operating organisation must have the authority and the financial, material and other resources to carry out its functions.

The operating organisation and the appropriate agencies controlling the use of atomic energy shall jointly create a special fund out of the resources allocated by the budgets at the corresponding levels for the financing of expenditure connected with the decommissioning of the nuclear installation, radiation source or storage facility, and for the financing of scientific research and design and experimental work aimed at providing and increasing the safety of these plants.

The procedure and sources of funding and the procedure for the use of the fund are laid down by the Government of the Russian Federation.

No interference in the activity of an operating organisation concerning the operation of the nuclear installation, radiation source or storage facility is permitted, except in the instances provided for by this Federal Law, and by other laws and legal instruments of the Russian Federation.

Article 35. The Responsibility and Obligations of an Operating Organisation for Ensuring the Safety of a Nuclear Installation, Radiation Source and Storage Facility

An operating organisation bears full responsibility for the safety of the nuclear installation, radiation source and storage facility and for the appropriate handling of nuclear materials and radioactive substances. In the event that an operating organisation loses its permit (licence) to operate a nuclear installation, radiation source and storage facility, it remains responsible for the safety of the nuclear installation, radiation source or storage facility until the said plants are transferred to another operating organisation or until a new permit (licence) is obtained. In the event that an operating organisation is incapable of ensuring the safety of the said plants, responsibility for safety and appropriate handling will be assumed by the immediately superior atomic energy control body which is obliged to ensure the safety of these plants pending the establishment of a new operating organisation.

The operating organisation plans and carries out measures to maintain the safety of the nuclear installation, radiation source or storage facility, establishing special safety­ monitoring services where necessary, and submits information on the safety status of the nuclear installation, radiation source or storage facility to the State authorities for the regulation of safety.

The operating organisation ensures:

- use of the nuclear installation, radiation source and storage facility only for the purposes for which it is intended;

- the organisation and coordination of the drafting and fulfilment of programmes for guaranteeing quality in all stages of the creation, operation and decommissioning of the nuclear installation, radiation source and storage facility;

- the drafting and implementation of measures to prevent accidents in the nuclear installation, radiation source and storage facility and to minimize their adverse consequences for the workers of the said plants, the population and the environment;

- the handling of nuclear materials and radioactive substances and their storage in a manner that is safe for the workers of plants concerned with the use of atomic energy and the population;

- the giving of effect to the rights of the workers of plants concerned with the use of atomic energy to social and economic compensation;

- the recording of the individual radiation doses received by the workers of plants concerned with the use of atomic energy;

- the drafting and carrying out, within the limits of its competence, of measures to protect the workers and the population in the case of an accident in the nuclear installation, radiation source or storage facility;

- the recording and monitoring of nuclear materials and radioactive substances;

- the physical protection of the nuclear installation, radiation source, storage facility, nuclear materials and radioactive substances;

- the drafting and carrying out of fire precaution measures;

- radiation monitoring in the health­protection zone and in the observation zone;

- selection of the workers of the nuclear installation, radiation source or storage facility, their training and the maintenance of their qualifications and the creation of the productive social amenities needed for them;

- information of the population concerning the radiation situation in the health­ protection zone and the observation zone;

- use of other powers laid down in the regulatory legal instruments.

Article 36. Responsibilities of the Operating Organisation for Protection of the Staff, the Population and the Environment in the Case of an Accident at a Nuclear Installation, Radiation Source or Storage Facility

In the case of an accident at a nuclear installation, radiation source or storage facility involving the release into the environment of radioactive substances in excess of the established limits, the operating organisation is obliged to provide prompt information on the radiation situation to the appropriate authorities, local government bodies and the population of the parts of the territory most at risk, the atomic energy control bodies, the State authorities for safety in the use of atomic energy, the services of the State system for the monitoring of the radiation situation in the territory of the Russian Federation and the Russian system for disaster prevention and action in emergency situations.

In carrying out operations to prevent the development of an accident or to deal with its consequences, the irradiation of workers (including drafted­in workers) above the established dose limits (but not in excess of the potentially dangerous radiation dose specified in the legislation) may be permitted only when there is no possibility of taking other measures that would prevent such increased irradiation, and may be justified only by the saving of people and the prevention of large­scale irradiation, and also by the threat of considerable radioactive contamination of the environment. The administration of the operating organisation is obliged to inform the workers taking part in these operations of the possible risk of irradiation at above the established dose limits and to obtain their voluntary agreement to it, and also the permission of the appropriate health service bodies of the Russian Federation.

The obligations and manner of proceeding of the operating organisation and the manner in which the operating organisation and the authorities, the local government bodies and the atomic energy control bodies co­operate in carrying out planned measures to provide protection for the workers of plants concerned with the use of atomic energy and the population should an accident occur, including an accident in the transportation of nuclear materials and radioactive substances, should be determined in the plans of these measures. The procedure for the preparation and approval of these plans is laid down by the rules and regulations in the sphere of the use of atomic energy.

Article 37. Organisations Carrying Out Activities and Providing Services for an Operating Organisation

Organisations that carry out scientific research and investigation, the design, construction and decommissioning of nuclear installations, radiation sources or storage facilities, the design and manufacture of equipment for them, and that carry out other activities and provide other services in the sphere of the use of atomic energy, ensure that the activities are carried out and the services are provided in a manner that satisfies both quantitatively and qualitatively the requirements of the rules and regulations in the sphere of the use of atomic energy, and are liable for the quality of the activities carried out and the services provided throughout the whole of the planned service life of the nuclear installation, radiation source or storage facility or of equipment manufactured for them.

The atomic energy control body recommends the organisation responsible for preparation of the project of a nuclear installation or storage facility.

The manager of the organisation (State unitary enterprise) responsible for preparing the project of a nuclear installation or storage facility is designated by a decision of the atomic energy control body on the basis of the powers vested in it by the Government of the Russian Federation.

The equipment, components and production processes for nuclear installations or storage facilities are subject to compulsory certification in accordance with the legislation of the Russian Federation.

When organisations that carry out activities and provide services in the sphere of the use of atomic energy for an operating organisation go out of business, the liability for which provision is made regarding all the forms of activity of such organisations is placed on another organisation recognized by the atomic energy control body concerned.

Article 38. Labour Relations and Discipline of Workers Whose Activity is Connected with the Use of Atomic Energy

The labour relations and discipline of workers whose activity is connected with the use of atomic energy are governed by the labour legislation of the Russian Federation.

Labour relations and labour discipline for organisations that have an especially hazardous and responsible output are governed both by the labour legislation of the Russian Federation and by disciplinary codes. A list of such organisations is drawn up by the Government of the Russian Federation.

The characteristics of the working conditions and welfare of individual categories of workers in nuclear installations, radiation sources and storage facilities are determined by the Government of the Russian Federation.

Article 39. Social Measures on the Site of Nuclear Installations or Storage Facilities

Unauthorized gatherings, meetings, demonstrations and other unauthorized social measures are not permitted in the territory of a nuclear installation or storage facility, nor in their health protection zones.

The organisation and holding of meetings and demonstrations, picketing, the blocking of transport communications and other social measures are prohibited outside the site of nuclear installations and storage facilities, as are strikes, if their result might be to interfere with the working efficiency of the nuclear installations or storage facilities or if the workers of nuclear installations or storage facilities will be hindered in the carrying out of their duties, or if there will be other threats to the safety of the population, the environment, and to the health, rights and legal interests of other persons. Protests against the refusal to allow the said events and their banning are dealt with in the manner laid down by the legislation of the Russian Federation.

Damage caused to the operating organisation as a result of the said events jeopardizing the safe operation of a nuclear installation or storage facility is compensated by the guilty parties and organisations through the courts (when a dispute exists).

SECTION VIII.

Special Conditions of the Construction and

Operation of Ships and Other Floating

Structures Having Nuclear Installations and

Radiation Sources

Article 40. Basic Requirements for Ships and Other Floating Structures Having Nuclear Installations and Radiation Sources

Rules and regulations in the sphere of the use of atomic energy, State standards, the rules and regulations of the Shipping Register and the nature conservancy and other legislation of the Russian Federation must be complied with in the design, construction, operation and decommissioning of ships and other floating structures having nuclear installations and radiation sources.

Confirmation that ships and other floating structures having nuclear installations and radiation sources comply with these requirements must by provided by appropriate documents.

Responsibility for the safety of ships and other floating structures having nuclear installations and radiation sources shall be borne by the main design organisation and the shipbuilding organisation in the construction and commissioning stage, and by the operating organisations after commissioning.

The captain and the members of the crew of ships and other floating structures having nuclear installations and radiation sources must be given special training in the sphere of the use of atomic energy, and must be in possession of the appropriate operating permits issued by the State safety regulatory authorities.

Article 41. Entry of Ships and Other Floating Structures Having Nuclear Installations and Radiation Sources Into Ports of the Russian Federation

The list of ports of the Russian Federation that ships and other floating structures having nuclear installations and radiation sources, including those that have been involved in disasters, are permitted to enter is determined by the Government of the Russian Federation by agreement with the offices of the State regulatory authority for safety in the use of atomic energy and the appropriate local authorities.

The procedure for the entry into ports of the Russian Federation of ships and other floating structures having nuclear installations and radiation sources is laid down by enforceable legal instruments and by regulations agreed with the State safety regulatory authorities.

The administrations of ports in the Russian Federation that are open to ships and other floating structures having nuclear installations and radiation sources must have a plan of measures for the protection of the staff of the port and other persons present in the land and water area of the port in case of an accident on such ships and floating structures, and must ensure that it is put into operation when necessary. Responsibility for carrying out the plan of measures for protection of the population in the area around the port in the case of such accidents rests with the Federal authorities concerned, the authorities of subject members of the Russian Federation and local government bodies.

Ships and other floating structures having nuclear installations and radiation sources that have suffered a disaster may enter any of the listed ports of the Russian Federation only after prior notification of the port administration and the local authorities concerned.

Article 42. Prevention of Radioactive Contamination of the Environment by Ships and Other Floating Structures Having Nuclear Installations and Radiation Sources

It is prohibited to discharge nuclear materials and radioactive substances in amounts exceeding the limits established by the rules and regulations in the sphere of the use of atomic energy into the waters of oceans, seas, rivers and inland water bodies from ships and other floating structures having nuclear installations and radiation sources. Provision must be made for measures to prevent radioactive contamination of the water when carrying out repairs on the said ships and floating structures, and also after the shutting down of nuclear installations and radiation sources and prior to their decommissioning.

Should radioactive substances escape in amounts exceeding the established limits from ships and other floating structures having nuclear installation and radiation sources, the captains or crew leaders of these ships and floating structures are obliged to take all measures incumbent on them to halt or limit escapes of radioactive substances and their dissemination into the environment and, without delay, to bring the event to the notice of the offices of the State safety regulatory authorities, the State bodies that observe and monitor the radiation situation in the territory of the Russian Federation, and other ships, adjacent built­up areas and ports in the zone of possible radiation effect, and also the appropriate local government bodies.

States situated in the zone of possible radiation effect as a result of a radiation accident on ships and other floating structures having nuclear installations and radiation sources are notified in accordance with the international agreements of the Russian Federation and the legislation of the Russian Federation.

SECTION IX.

Special Operating Conditions of Spacecraft

and Aircraft Having Nuclear Installations

and Radiation Sources

Article 43. Safety Precautions for Spacecraft and Aircraft Having Nuclear Installations and Radiation Sources

The requirements of the rules and regulations in the sphere of the use of atomic energy, as well as the requirements of environmental protection must be complied with in the design, construction and operation of spacecraft and aircraft having nuclear installations or radiation sources, and also that use the energy of radioactive substances.

Should a malfunction occur on board a spacecraft or an aircraft having a nuclear installation or radiation sources that may lead to the unplanned return of nuclear materials or radioactive substances to the Earth, States concerned are informed and are assisted in case of need in accordance with the international agreements of the Russian Federation and the legislation of the Russian Federation.

Local government bodies and the safety regulatory authorities are informed and help is given to the population in case of need under a procedure determined by the Government of the Russian Federation and the authorities of the subject members of the Russian Federation.

SECTION X.

The Handling of Nuclear Materials,

Radioactive Substances and Radioactive Waste

Article 44. State Policy in the Handling of Nuclear Materials, Radioactive Substances and Radioactive Waste

State policy in the sphere of the handling of nuclear materials, radioactive substances and radioactive waste must provide a comprehensive solution to the problems of standardizing their production, formation, use, physical protection, collection, recording and monitoring, transportation and storage.

State policy in the sphere of the handling of nuclear materials, radioactive substances and radioactive waste is determined by the present Federal Law and by other laws on the regulation of activity in the sphere of the handling of nuclear materials, radioactive substances and radioactive waste.

Article 45. Transportation of Nuclear Materials and Radioactive Substances

The carriage of nuclear materials and radioactive substances must be effected in accordance with the transport regulations for especially hazardous cargoes, the rules and regulations in the sphere of the use of atomic energy, and the legislation of the Russian Federation in the sphere of environmental protection.

The transport regulations for the carriage of nuclear materials and radioactive substances must set out the rights, obligations and responsibilities of the sender, the carrier and the recipient, the safety measures, the measures for physical protection, and the system of agreed measures for the prevention of transport incidents and accidents in the carriage of nuclear materials and radioactive substances, the requirements concerning packing, marking and transport facilities, and the measures to localize and deal with the consequences of possible accidents in the transportation of the said materials and substances. Regulations for the transportation of nuclear materials and radioactive substances must cover all possible modes of transport.

The carrier of nuclear materials and radioactive substances must have a permit (licence) to carry out activities in the sphere of the use of atomic energy issued by the appropriate State regulatory authority for safety.

Article 46. Prevention of Possible Transport Incidents and Accidents in the Transportation of Nuclear Materials and Radioactive Substances

In the course of the carriage of nuclear materials and radioactive substances transport organisations, with the participation of the sender and the recipient of the stated products, the operating organisations and, where necessary, the local authorities, the appropriate State safety regulatory authorities, including the offices of the sanitary and epidemic inspectorate, detachments of the Ministry of the Interior and civil defence units, are under the obligation to take measures to prevent transport incidents and accidents and to deal with their consequences, and also to take measures to protect the workers of plants concerned with the use of atomic energy, the population, the environment and stocks of materials and equipment.

The regional accident units of the operating organisations are additionally used to deal with the consequences of accidents in the transportation of nuclear materials and radioactive substances. The procedure for the formation, operation and financing of the regional accident units of operating organisations is laid down by the Government of the Russian Federation.

Article 47. Storage and Processing of Nuclear Materials, Radioactive Substances and Radioactive Waste

In the storage and processing of nuclear materials, radioactive substances and radioactive waste reliable protection must be provided for the workers of plants concerned with the use of atomic energy, for the population and for the environment against radioactive exposure and radioactive contamination that is impermissible under the rules and regulations in the sphere of the use of atomic energy. The storage of radioactive waste should be seen as a stage in its preparation for processing or disposal. The processing of spent nuclear fuel for the recovery of valuable components from it must be carried out in accordance with the legislation of the Russian Federation.

Article 48. Storage or Disposal of Radioactive Waste

In the storage or disposal of radioactive waste it must be reliably isolated from the environment, and the present generation and future generations and biological resources must be protected against exposure to radiation above the limits laid down by the rules and regulations in the sphere of the use of atomic energy.

The storage or disposal of radioactive waste is permitted only in storage facilities specially designated for that purpose. Provision must be made for storage or disposal of radioactive waste in planning documentation or technical specifications as an essential stage of any nuclear technological cycle. The organisational procedure for the collection and disposal of radioactive waste, and also the bodies carrying out such activity are determined by the Government of the Russian Federation in accordance with the legislation of the Russian Federation.

CHAPTER XI.

The Physical Protection of Nuclear

Installations, Radiation Sources, Storage

Facilities, Nuclear Materials and Radioactive Substances

Article 49. Provision of Physical Protection for Nuclear Installations, Radiation Sources, Storage Facilities, Nuclear Materials and Radioactive Substances

The physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances envisages a unified system for the planning, coordination, monitoring and carrying out of a range of technical and organisational measures aimed at:

- preventing unsanctioned access onto the site of nuclear installations, radiation sources and storage facilities, and preventing unsanctioned access to nuclear materials and radioactive substances and their misappropriation or deterioration;

- prompt detection and suppression of any encroachments on the integrity and state of preservation of nuclear materials and radioactive substances, and of any diversionary and terrorist acts threatening the safety of nuclear installations, radiation sources or storage facilities;

- the discovery and return of lost or stolen nuclear materials and radioactive substances.

Physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances is provided at all stages in the design, construction, operation and decommissioning of these plants concerned with the use of atomic energy, and also in the handling of nuclear materials and radioactive substances, including protection in the transportation of nuclear materials and radioactive substances.

The physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances is provided by the operating organisations and by State agencies in the sphere of the use of atomic energy that are specially empowered for the purpose, and by their crews on operational ships and floating structures that have nuclear installations and radiation sources, and on spacecraft and aircraft that have nuclear installations.

The State safety regulatory authorities inspect the provision of physical protection for nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances.

Units of the Ministry of the Interior and the security services may be involved in carrying out the functions of providing physical protection.

Article 50. Requirements for the Provision of Physical Protection for Nuclear Installations, Radiation Sources, Storage Facilities, Nuclear Materials and Radioactive Substances

The requirements for the provision of physical protection for nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances are laid down in the safety rules and regulations in the sphere of the use of atomic energy.

The physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances must be carried out in accordance with the international obligations of the Russian Federation in the sphere of the use of atomic energy.

It is prohibited to operate nuclear installations, radiation sources and storage facilities and also to carry out any operations connected with nuclear materials and radioactive substances in any form and at any stage in preparation, use, processing, transportation or storage unless measures have been taken to comply with the requirements for the physical protection of the said plants concerned with the use of atomic energy.

Article 51. Restrictions on the Rights of Individuals on the Site of a Nuclear Installation, Radiation Source, Storage Facility, or Organisation Handling Nuclear Materials or Radioactive Substances

In the interests of the ensuring physical protection of a nuclear installation, radiation source, storage facility or organisation handling nuclear materials or radioactive substances on the sites where they are located, the workers of the said plants concerned with the use of atomic energy, and citizens on instructional visits to plants concerned with the use of atomic energy and their possessions and means of transport may be examined, including examination using special equipment.

Article 52. Admittance to Work in a Nuclear Installation, Radiation Source and Storage Facility, and with Nuclear Materials or Radioactive Substances

Persons who are permitted to work in a nuclear installation, a radiation source and a storage facility, and with nuclear materials and radioactive substances are individuals who satisfy the appropriate qualification requirements, and also individuals who have obtained a permit for the said work connected with the safeguarding of a State secret, in accordance with the requirements for ensuring State security laid down by the legislation of the Russian Federation.

Persons suffering from conditions on the list of medical contra­indications against working in a nuclear installation, radiation source or storage facility, or working with nuclear materials or radioactive substances are not permitted to work.

SECTION XII.

Liability for Loss and Damage Caused by

Radiation Exposure to Corporate Bodies

and Individuals and to Health

Article 53. Liability for Loss and Damage Caused by Radiation Exposure to Corporate Bodies and Individuals and to Health

The operating organisation has civil liability in the manner laid down by the legislation of the Russian Federation for losses caused by radiation exposure to corporate bodies and individuals in the carrying out of operations in the sphere of the use of atomic energy.

Compensation must be given for damage to the life and health of citizens caused by radiation exposure, or by radiation exposure in conjunction with toxic, explosive or other hazardous effects.

If the losses caused by radiation exposure are accompanied by any other damage that cannot reasonably be separated from the losses caused by radiation exposure, such losses shall be compensated on the basis of the present Federal Law.

Article 54. The Foundations of Civil Liability for Loss and Damage Caused by Radiation Exposure

In accordance with the present Federal Law the liability of the operating organisation for loss and damage caused by radiation exposure arises whether or not the operating organisation is at fault.

The operating organisation is relieved of liability for loss and damage caused by radiation exposure arose as a result of force majeure, military operations, armed conflict or by the intention of the sufferer.

Should the operating organisation demonstrate that the radiation damage arose, wholly or in part, as a consequence of the intention or gross negligence of the person who suffered the damage, it shall be relieved, in whole or in part, from the obligation to compensate such a person. The lifting of the liability to compensate loss and damage shall be decided by the courts.

Article 55. The Types and Limits of Liability for Loss and Damage Caused by Radiation Exposure

The types and limits of the liability of the operating organisation for loss and damage caused by radiation exposure are fixed in relation to the type of plant concerned with the use of atomic energy by the legislation of the Russian Federation.

The upper limit of the liability of the operating organisation for loss and damage caused by radiation exposure for any one incident may not exceed the amount laid down by the international agreements of the Russian Federation.

Article 56. Financial Provision for Civil Liability for Loss and Damage Caused by Radiation Exposure

The operating organisation is obliged to make financial provision for the maximum liability laid down by Article 55 of the present Federal Law. The financial provision of the operating organisation in the event of the compensation of loss and damage is made up of the State guarantee or other guarantee, the availability of its own financial resources and an insurance policy (agreement).

The existence of documentary proof of the said financial provision is an essential condition for the obtaining by the operating organisation of the permit (licence) issued by the appropriate State safety regulatory authority to operate a nuclear installation, radiation source or storage facility.

The conditions and procedure of civil liability insurance against loss and damage caused by radiation exposure, the procedure and sources for formation of the insurance fund and also the procedure for the paying of social and economic compensation are laid down by law.

Neither the insurer not any other person who has provided a financial guarantee for the said liability in accordance with this article may suspend or terminate the insurance or any other financial guarantee without having given written notice of so doing three months before the suspension or termination of the insurance or any other financial guarantee to the State safety regulatory authority or in the course of transportation of nuclear material and radioactive substances when such insurance or other financial provision affects the transportation of nuclear material and radioactive substances.

Article 57. State Participation in Compensation of Loss and Damage Caused by Radiation Exposure

The Government of the Russian Federation provides for the payment of compensation for loss and damage that has been caused by radiation exposure and for which the operating organisation is liable, for that part of the liability of the operating organisation that exceeds the upper limit of the liability laid down in article 55 of this Federal Law by granting the sums required to make up full compensation for the loss and damage caused, and also in cases for which there is provision in the legislation of the Russian Federation.

Article 58. Time Limit for Compensation for Loss and Damage Caused by Radiation Exposure

No time limit exists for compensation for loss and damage caused by radiation exposure to the health and life of citizens. The time limit for claims for compensation of loss and damage to property or the environment caused by radiation exposure is set at three years from the day when the person was aware or should have been aware of the breach of his right.

Article 59. Compensation for Environmental Radiation Damage

The operating organisation is responsible for environmental radiation damage under the present Federal Law, the Law of the Russian Federation "On Environmental Protection", laws and other legal instruments of the Russian Federation, and also laws and other legal instruments of the subject members of the Russian Federation.

Claims for compensation of damage are brought against the operating organisation by the authorities and by the corresponding local government bodies and specially empowered State environmental protection agencies.

Article 60. Compensation of Radiation Damage Suffered in the Carrying Out of Their Duties by the Workers of Nuclear Installations, Radiation Sources and Storage Facilities

Radiation damage affecting the life or health of the workers (including workers drafted in) of nuclear installations, radiation sources and storage facilities and also to the life or health of workers engaged on any other work with nuclear materials and radioactive substances in connection with the carrying out of their duties is compensated in accordance with the legislation of the Russian Federation.

CHAPTER XIII.

Liability for Breach of the Legislation of

the Russian Federation in the Sphere of the

Use of Atomic Energy

Article 61. Liability of Officials of Government Departments, Local Government Bodies, Atomic Energy Control Bodies, State Safety Regulatory Authorities, Operating Organisations, Organisations Carrying Out Activities and Performing Services for Operating Organisations, Workers of Nuclear Installations, Radiation Sources and Storage Facilities, Workers of Organisations Carrying Out Other Activity in the Sphere of the Use of Atomic Energy and also of Citizens for Breach of the Legislation of the Russian Federation in the Sphere of the Use of Atomic Energy

Officials of government departments, local government bodies, atomic energy control bodies, State safety regulatory authorities, operating organisations, organisations carrying out activities and performing services for operating organisations, workers of nuclear installations, radiation sources and storage facilities (including workers drafted in), workers of organisations carrying out other activity in the sphere of the use of atomic energy (including workers drafted in) and also citizens who are in breach of the legislation of the Russian Federation in the sphere of the use of atomic energy shall be liable to disciplinary action, administrative action or prosecution in accordance with the legislation of the Russian Federation.

Such breaches include:

- breaches of rules and regulations in the sphere of the use of atomic energy;

- breach of the conditions of permits (licences) to carry out activities in the sphere of the use of atomic energy;

- non­fulfilment or improper fulfilment of instructions from the State safety regulatory authority;

- the carrying out of operations in a nuclear installation, radiation source and storage facility, and also the handling of nuclear materials and radioactive substances without a permit (licence);

- issuance by officials employed by the State regulatory authority for safety of permits (licences) and instructions in violation of the established procedure;

- failure to comply with requirements on the siting of a nuclear installation, radiation source and storage facility;

- delivery, assembly and start­up of defective equipment for a nuclear installation, radiation source and storage facility;

- operational acceptance of a nuclear installation, radiation source and storage facility without the construction and start­up of all such plants envisaged in the plan;

- operational acceptance of a nuclear installation, radiation source and storage facility without the carrying out of measures to ensure the protection of the workers and drafted­in workers of the said plants concerned with the use of atomic energy, and the protection of the population in the adjacent areas and of the environment;

- failure to carry out official duties by the workers of a nuclear installation, radiation source and storage facility;

- unauthorized departure by workers from a nuclear installation, radiation source and storage facility while on duty;

- failure by officials listed in the first paragraph of this article to carry out their duties in critical situations that resulted or could have resulted in loss of life, unwarranted irradiation of individuals or radioactive contamination of the environment;

- admission of workers to work in a nuclear installation, radiation source and storage facility when not in possession of the necessary documents certifying their qualifications, of workers who have medical contra­indications against their employment in the said plants, and also of persons less than 18 years of age;

- direct or indirect pressure by the said officials on workers to violate the regulations and instructions on the operation of a nuclear installation, radiation source and storage facility;

- forcibly preventing the said officials and the workers of operating organisations from carrying out their duties;

- dereliction by officials and other workers of the duties set out in the operational plan for the protection of the population and of staff in the event of an accident;

- assignment by officials of workers of plants concerned with the use of atomic energy to radiation hazard zones where the basic dose limits and permissible levels of radiation exposure might be exceeded, without the consent of the said workers and without having informed them of the possible levels of radiation, and also in violation of the rules, regulations and instructions intended for these conditions;

- the placing of obstacles in the way of officials of the State safety regulatory authorities carrying out of their duties;

- unwarranted or deliberate release or discharge of radioactive substances into the atmosphere, bodies of water and below ground in excess of the maximum permissible levels;

- concealment of the fact of an accident or infringement of the established procedure for providing information on an accident in a nuclear installation, radiation source or storage facility, concealment of information concerning the state of radioactive contamination of the environment, and also the provision of deliberately false information on the radiation situation of the said plants;

- refusal to supply information, and deliberate distortion or concealment of information on matters of safety in the use of atomic energy;

- breach of the requirement to ensure physical protection of a nuclear installation, radiation source, storage facility, nuclear materials and radioactive substances;

- breach of the established procedure for the recording and monitoring of nuclear materials and radioactive substances;

- misappropriation, illegal use, acquisition, storage, transfer, sale or destruction of nuclear materials, radioactive substances and radiation sources, and concealment of information on such acts when they are known to have taken place, to be pending or to have been achieved;

- demanding or compelling specific acts to be carried out (or not carried out) accompanied by the threat of the use of nuclear materials or radioactive substances;

- introduction into economic circulation for consumption and use by the population of products radioactively contaminated to above the established limits, or the production and sale of goods containing radioactive substances without the permission of the competent health services;

- breach of the established procedure for the exportation and importation of nuclear installations, equipment, production processes, nuclear materials, radioactive substances, special non­nuclear materials and services in the sphere of the use of atomic energy;

- participation in the organisation and carrying out of unauthorized social measures on the site of a nuclear installation, a radiation source or a storage facility;

- organisation and holding of meetings and other measures outside the site of a nuclear installation, radiation source or storage facility if the organisation and carrying out of such social measures may have the result of impairing the efficient operation of the nuclear installation, radiation source or storage facility, or will impede the workers of the said plants in carrying out their duties, or will occasions other threats to the safety of the population and the environment.

The legislation of the Russian Federation may specify other breaches, the commissioning of which will entail liability in accordance with the present article.

Article 62. The Administrative Liability of Organisations

Organisations active in the sphere of the use of atomic energy may be administratively fined by the State safety regulatory authorities for breach of the rules and regulations in the sphere of the use of atomic energy, or of the conditions of permits (licences) to carry out activities in the sphere of the use of atomic energy issued by the said safety authorities, if these violations cause, or could have caused damage to human health or to the environment.

The procedure for levying fines and their amounts are determined by the legislation of the Russian Federation.

CHAPTER XIV.

The Exportation and Importation of Nuclear Installations, Equipment

and Production Processes, Nuclear Materials, Radioactive Substances,

Special Non­Nuclear Materials and Services in the

Sphere of the Use of Atomic Energy

Article 63. Principles Applicable to the Exporting and Importing of Nuclear Installations, Equipment, Production Processes, Nuclear Materials, Radioactive Substances, Special Non­Nuclear Materials and Services in the Sphere of the Use of Atomic Energy

The exporting and importing of nuclear installations, equipment, production processes, nuclear materials, radioactive substances and special non­nuclear materials used for the production of nuclear materials, and also of radiation sources and services in the sphere of the use of atomic energy is conducted in accordance with the international obligations of the Russian Federation on the non­proliferation of nuclear weapons and the international agreements of the Russian Federation in the sphere of the use of atomic energy.

Exporting and importing includes transfer, sale or purchase of nuclear installations, equipment, production processes, nuclear materials, radioactive substances and special non­ nuclear materials for commercial purposes and transfers of a non­commercial nature (for display in exhibitions, the carrying out of joint work etc.)

Article 64. Exporting and Importing Procedures for Nuclear Installations, Equipment, Production Processes, Nuclear Materials, Radioactive Substances, Special Non­Nuclear Materials and Services in the Sphere of the Use of Atomic Energy

The exporting and importing of nuclear installations, equipment, production processes, nuclear materials, radioactive substances, special non­nuclear materials and services in the sphere of the use of atomic energy is conducted in the manner laid down by the legislation and other legal instruments of the Russian Federation.

The exporting and importing of nuclear installations, equipment, production processes, nuclear materials, radioactive substances, special non­nuclear materials and services in the sphere of the use of atomic energy is carried out in accordance with the legislation of the Russian Federation concerning export control on the basis of the granting of permits (licences) to carry out activities in the sphere of the use of atomic energy.

The importing of spent nuclear fuel from foreign countries into the territory of the Russian Federation for processing is conducted in accordance with the legislation of the Russian Federation and the international agreements of the Russian Federation.

CHAPTER XV.

International Agreements of the Russian

Federation in the Sphere of the Use of Atomic Energy

Article 65. International Agreements of the Russian Federation in the Sphere of the Use of Atomic Energy

If rules other than those for which provision is made by this Federal Law are established by an international agreement of the Russian Federation, the rules of the international agreement shall be applied.

Article 66. Notification of an Accident in a Nuclear Installation, Radiation Source or Storage Facility

Notification concerning an accident in a nuclear installation, radiation source or storage facility, as a result of which release or discharge of radioactive substances into the environment has occurred and which has led or may lead to the dissemination of radioactive substances across national boundaries, and which may be of importance to a foreign State from the point of view of radiation safety, is carried out in accordance with the international

obligations of the Russian Federation.

Article 67. Assistance in the Case of an Accident in a Nuclear Installation, Radiation Source or Storage Facility

The provision of assistance in the case of an accident in a nuclear installation, radiation source or storage facility so as to minimize the consequences of the accident and protect the health of the population, the environment and stocks of materials and capital equipment against radiation is carried out in accordance with the international obligations of the Russian Federation.

Article 68. Exchange of Information with Foreign Countries in the Sphere of the Use of Atomic Energy

Information in the sphere of the use of atomic energy is exchanged with foreign countries in accordance with the international agreements of the Russian Federation.

CHAPTER XVI.

Final Provisions

Article 69. Entry into Force of this Federal Law

This Federal Law shall come into force from the day of its official promulgation.

Article 70. Bringing Enforceable Legal Instruments Into Line with This Federal Law

To propose to the President of the Russian Federation and to instruct the Government of the Russian Federation to bring their enforceable legal instruments into line with this Federal Law.

The Government of the Russian Federation to table proposals in the manner laid down in the State Duma of the Federal Assembly of the Russian Federation within three months for the bringing of the enforceable legal instruments of the Russian Federation into line with this Federal Law

President of the Russian Federation B. Yeltsin

Moscow, The Kremlin,

21 November 1995,

No. 170­FZ-