LAW OF UKRAINE

of February 8, 1995 No. 39/95-BP

About use of nuclear energy and radiation safety

This Law is fundamental in the nuclear legislation of Ukraine. He establishes priority of safety of the person and the surrounding environment, the right and obligation of citizens in the field of use of nuclear energy, regulates the activities connected with use of nuclear installations and sources of ionizing radiation, establishes also legal basis of the international obligations of Ukraine on use of nuclear energy.

Section I General provisions

Article 1. Main terms and determinations

In this Law the below included terms and determinations are used in the following value:

use of nuclear energy is set of the types of activity connected with use of nuclear technologies, nuclear materials, sources of ionizing radiation in science, production, medicine and other industries, and also production and conversion of uranium ores and the treatment of radioactive waste;

initial material - the uranium containing isotopes in that ratio in which they are available in natural uranium; the uranium which is grown poor by isotopes 235; thorium; any of the specified substances in the form of metal, alloy, chemical compound or concentrate; any other material containing one or several of the specified substances in the concentration established by regulations, rules and standards on safety;

the source of ionizing radiation - physical object, except nuclear installations, containing radioactive material, or the technical device which creates or under certain conditions can create ionizing radiation;

quality assurance - package of measures, planned and systematically implementable for the purpose of achievement of confidence that the performed types of activity answer regulations, rules and standards on safety;

closing - completion of all transactions in certain time after placement of radioactive waste in storage for burial which includes the final technical or other works necessary for reduction of storage in condition, safe for a long time;

burial of radioactive waste - placement of radioactive waste in storage, without intention of their withdrawal, for the purpose of deduction and isolation of radioactive waste from the surrounding environment;

the object intended for the treatment of radioactive waste - the construction, the room or the equipment intended for operating, processing, including preliminary, conditioning, transportations, storages or burials of radioactive waste, and also nuclear installation in process of removal from operation after recognition by its installation for the treatment of radioactive waste;

transportation - the activities connected with preparation, loading, sending, transportation including transit storage, unloading and acceptance in final destination of loads of radioactive materials and packagings;

the treatment of radioactive waste - all types of activity (including the activities connected with removal from operation) concerning operating, processing, including preliminary, conditioning, transportations, storages or burials of radioactive waste;

radiation safety - observance of the admissible limits of radiative effects on personnel, the population and the surrounding environment established by regulations, rules and standards of safety;

radiation accident (accident) - event owing to which control over nuclear installation, source of ionizing radiation and which brings or can result in the radiative effects on people and the surrounding environment exceeding the admissible limits set by regulations, rules and standards of safety is lost;

radiation protection - set of the radiation and hygienic, design, technical and organizational actions aimed at providing radiation safety;

radioactive waste - material objects and substances, activity of radionuclides or radioactive pollution of which exceeds the limits set by regulations provided that use of these objects and substances is not provided in any engineering procedure or production (except the Section XIII where this term is used in value according to part two of this Article). Also fulfilled closed sources of ionizing radiation after entering of the relevant information into the State register of radioactive waste belong to radioactive waste;

radioactive material - material which part radioactive materials are. Radionuclide sources of ionizing radiation, nuclear materials and radioactive waste belong to radioactive materials;

special расщепливающийся material - plutonium-239; uranium-233; the uranium enriched with isotopes 235 and 233; any material containing one or several of the specified substances;

specialized enterprise according to the treatment of radioactive waste - the company (consolidation) which acts on the basis of the license for collection, conversion, transportation, storage and/or burial of the radioactive waste transferred to the possession of the state;

nuclear safety - observance of regulations, rules, standards and conditions of use of the nuclear materials ensuring radiation safety;

nuclear installations objects, including the related buildings and the equipment on which are performed production, conversion, use, processing, storage or burial of nuclear material. Treat nuclear installations: facilities for production of nuclear fuel, nuclear subcritical installations, research nuclear reactors (including critical and subcritical assemblies); nuclear power plants; the companies and installations on enrichment and nuclear fuel reprocessing, and also storages of the fulfilled nuclear fuel (except the Section XIII where this term is used in value according to part two of this Article);

nuclear subcritical installation - the object intended for the treatment of nuclear materials and located in borders of the territory determined by the project which design and technical characteristics exclude possibility of the self-supported chain reaction of division under any service conditions. Belong to nuclear subcritical installations: the subcritical assemblies, sources of neutrons based on the subcritical assembly managed by the linear accelerator of electrons or protons and other installations which design and technical characteristics exclude possibility of the self-supported chain reaction of division under any service conditions;

nuclear incident - any event or number of the events of the same origin causing nuclear damage (except the Section XIII where this term is used in value according to part two of this Article);

nuclear material - any initial or special расщепливающийся material (except the Section XIII where this term is used in value according to part two of this Article);

the nuclear damage - the loss of life, any damages caused to health of the person either any inventory loss, or the damage caused to property or any other loss or damage which are result of dangerous properties of nuclear material on nuclear installation or nuclear material which arrives from nuclear installation or goes to it, except the damage caused to the installation or the vehicle by which it was transported (except the Section XIII where this term is used in value according to part two of this Article);

observation zone - the territory, on which perhaps radiative effects of nuclear installation and the objects intended for the treatment of radioactive waste on the population living in this zone. The sizes and borders of the specified zone are determined according to part four of article 45 of this Law;

special social infrastructure - the objects located within administrative and territorial units (regional, regional, city councils of monofunctional satellite towns) to which territory the corresponding zones of observation extend, and intended for ensuring life activity of the population living in observation zone, in particular educational institutions, institutions of health care, culture, physical culture and sport, the communication objects of housing and communal services, network of electrical supply, gas, heat, water and drainage system, the building and construction intended for their servicing, highways, communication systems and so forth;

social and economic compensation of risk for the population living in observation zones - creation and maintenance in good repair special social infrastructure, providing with individual protection equipment of the population, its regular training in instructions for use with special social infrastructure, to ability of use of individual protection equipment;

monofunctional satellite towns of nuclear installations and the companies for production and conversion uranium rudadministrativno-territorial units, specialization of work of the population in which is determined by the companies operating nuclear installations and uranium objects;

project accident - accident for which the project determines initial events, end states and the provided security systems which provide restriction of its radiation effects in the limits set by rules and regulations on nuclear and radiation safety;

the sanitary protection zone - the territory around the nuclear installation and objects intended for the treatment of radioactive waste on which the level of radiation of people in the conditions of normal operation can exceed dose limit quota for the population. In the sanitary protection zone accommodation of the population is forbidden, restrictions for productive activity which does not concern the nuclear installation or objects intended for the treatment of radioactive waste are set and control of radiation condition is exercised. Features of the mode, the sizes and borders of the specified zone are determined by article 45 of this Law;

the fulfilled nuclear fuel-core fuel which was irradiated and finally withdrawn from active zone of the nuclear reactor;

radioactive material - any substance that contains one or several radionuclides, activity or concentration of activity of which cannot be neglected from the point of view of radiation protection;

For the purposes of the Section XIII of this Law terms and determinations are used in value according to paragraphs of the eighth, tenth and sixteenth of part one of this Article and article 1 of the Vienna convention on the civil responsibility for nuclear damage of May 21, 1963, except for the terms "nuclear material" and "nuclear installation" that are used in such value:

nuclear material - nuclear fuel, except for natural uranium and depleted uranium which can emit energy by the supported chain process of nuclear division out of the nuclear reactor independently or in combination with any other material, both radioactive products and waste, except for small amount of radioactive products, radioactive waste and nuclear fuel which are established by regulations, rules and standards on nuclear and radiation safety provided that this quantity does not exceed the maximum borders established by Board of governors of International Atomic Energy Agency;

nuclear installation - any nuclear reactor, except for the reactor which equips means of sea or air transport for the purpose of its use as power source for starting of this automobile or with any other purpose, any plant that uses nuclear fuel for production of nuclear material or any plant at which nuclear material is processed, including any plant at which the irradiated nuclear fuel, and any place where (warehoused) nuclear material is stored is processed, except for places of the warehousing connected with transportation of such material on condition of several nuclear installations of one operator located in one place are considered as single nuclear installation.

The nuclear installations and objects intended for the treatment of radioactive waste which has nation-wide value are:

nuclear power plants;

nuclear heating plants;

research nuclear reactors;

the storages intended for storage of the fulfilled nuclear fuel or highly active radioactive waste with project storage duration more than 30 years (except the installations included in production cycle of nuclear installation);

geological storages for burial of radioactive waste and/or spent nuclear fuel.

The terms "uranium objects", "production of uranium ores" and "conversion of uranium ores" are used in this Law in the values given in the Law of Ukraine "About production and conversion of uranium ores".

Other terms are used in this Law in the values given in the Law of Ukraine "About the treatment of radioactive waste" and other laws of Ukraine.

Article 2. Nuclear legislation

The relations in the field of use of nuclear energy are governed by this Law and other acts of the legislation of Ukraine.

Article 3. Tasks of the nuclear legislation

The main objectives of the nuclear legislation are:

legal regulation of the public relations when implementing all types of activity in the field of use of nuclear energy;

creation of legal principles of management system in the field of use of nuclear energy and system of regulation of safety when using nuclear energy;

establishment of the rights, obligations and responsibility of public authorities, companies, organizations and organizations, officials and personnel, and also citizens in relation to their activities connected with use of nuclear energy;

determination of the basic principles of radiation protection of people and surrounding environment;

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