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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2023 No. 16-VIII ZRK

About the Semipalatinsk area of nuclear safety

This Law governs the public relations arising during creation and functioning of the Semipalatinsk area of nuclear safety.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) authorized body in the field of use of atomic energy (further - authorized body) - the central executive body performing management in the field of use of atomic energy;

2) the Semipalatinsk area of nuclear safety - the limited part of the territory of the Republic of Kazakhstan which underwent to above-standard radioactive pollution owing to testing of nuclear weapon in the territory of the former Semipalatinsk test nuclear test site on which the special legal regime, stipulated by the legislation the Republic of Kazakhstan acts;

3) the passport of the territory of the Semipalatinsk area of nuclear safety - the document in which contain system of the indicators characterizing the territory, the schematic map with indication of the location of the territory and functional zones, designation of infrastructure facilities of the Semipalatinsk area of nuclear safety, geographical coordinates, the description of borders, the areas of its territory, protection mode types permitted and the prohibited types of activity, rules of visit, operating mode, the information about adjacent owners of the parcels of land and land users about their obligations;

4) authorized organization for ensuring functioning of the Semipalatinsk area of nuclear safety (further - authorized organization) - the legal entity determined according to this Law for ensuring functioning of the Semipalatinsk area of nuclear safety from among the state companies which are under authority of authorized body;

5) infrastructure facilities of the Semipalatinsk area of nuclear safety (further - infrastructure facilities) - complex of the production and test sites, technical means, devices, engineering and transport communications, buildings, constructions and their complexes, the parcels of land located in the territory of the Semipalatinsk area of nuclear safety and used for its functioning;

6) comprehensive ecological examination of the territories in which testing of nuclear weapon were carried out (further - comprehensive ecological examination) - the radio ecological inspection directed to assessment of state of environment on the being Semipalatinsk test nuclear test site and (or) the territory adjoining to it which underwent to above-standard radioactive pollution owing to testing of nuclear weapon.

Article 2. Legislation of the Republic of Kazakhstan on the Semipalatinsk area of nuclear safety

1. The legislation of the Republic of Kazakhstan on the Semipalatinsk area of nuclear safety is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The international agreements ratified by the Republic of Kazakhstan have priority before this Law. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

Article 3. Purposes, tasks of creation and principles of legislative regulation of the Semipalatinsk area of nuclear safety

1. The Semipalatinsk area of nuclear safety is created for the purpose of ensuring nuclear and radiation safety in the Republic of Kazakhstan, and also rehabilitation of the territory of the former Semipalatinsk test nuclear test site for creation of possibility of gradual return of its lands to economic circulation.

2. Tasks of creation of the Semipalatinsk area of nuclear safety are:

1) obligation fulfillment of the state on ensuring nuclear and radiation safety, maintenance of non-proliferation regime of nuclear weapon in the territory of the Semipalatinsk area of nuclear safety and lands adjoining to it;

2) organization of effective management and proper servicing, repair, reconstruction and upgrade of infrastructure facilities;

3) work on restriction of distribution of radioactive pollution, rehabilitation of the lands which underwent to above-standard radioactive pollution, and strengthening of safety of the Semipalatinsk area of nuclear safety;

4) ensuring permanent monitoring of level of radioactive pollution of atmospheric air, underground and surface water, the soil and plants, and also determination of parameters of migration of radionuclides in the Semipalatinsk area of nuclear safety;

5) development of science and technology in the field of peaceful use of atomic energy and radio ecology.

3. In the field of creation and implementation of activities of the Semipalatinsk area of nuclear safety treat the principles of the legislation of the Republic of Kazakhstan:

1) safety - providing the qualitative and authentic analysis of radio ecological situation when carrying out comprehensive ecological examination, monitoring of level of radioactive pollution, and also determination of parameters of migration of radionuclides;

2) publicity - ensuring availability of information on functioning of the Semipalatinsk area of nuclear safety, and also holding actions for publicizing of the activities connected with implementation of this Law;

3) non-proliferation - accomplishment of the international obligations of the Republic of Kazakhstan on restriction of distribution of nuclear materials and ensuring nuclear and radiation safety in the territory of the Semipalatinsk area of nuclear safety;

4) prevention - implementation of the activities directed to restriction of distribution of radioactive pollution and rehabilitation of the territory of the Semipalatinsk area of the nuclear safety which underwent to above-standard radioactive pollution.

Chapter 2. State regulation in the field of creation and functioning of the Semipalatinsk area of nuclear safety

Article 4. Competence of the Government of the Republic of Kazakhstan in creation and functioning of the Semipalatinsk area of nuclear safety

Treat competence of the Government of the Republic of Kazakhstan in creation and functioning of the Semipalatinsk area of nuclear safety:

1) development of the main directions of state policy in the field of creation and functioning of the Semipalatinsk area of nuclear safety;

2) creation of the Semipalatinsk area of nuclear safety, establishment and change of borders, areas of its parcels of land;

3) determination of authorized organization for representation of authorized body;

4) accomplishment of other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Competence of state bodies in creation and functioning of the Semipalatinsk area of nuclear safety

Are within the competence of authorized body:

1) realization of state policy in the field of creation and functioning of the Semipalatinsk area of nuclear safety;

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