I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2024 No. 239

About approval of Rules of conducting investigation of use of atomic energy

According to subitem 3-1) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" PRIKAZYVAYU:

1. Approve the enclosed Rules of conducting investigation of use of atomic energy.

2. To provide to committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the acting minister of power industry of the Republic of Kazakhstan of June 28, 2024 No. 239

Rules of conducting investigation of use of atomic energy

Chapter 1. General provisions

1. These rules of conducting investigation in the field of use of atomic energy (further - Rules) are developed according to article 144-4 of the Entrepreneurial code of the Republic of Kazakhstan, subitem 3-1) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" (further - the Law) and establish procedure for conducting investigation in the field of use of atomic energy.

According to Item 9 of article 7-3 of the Law non-compliance with procedure for conducting investigations in the field of use of atomic energy is the basis for recognition invalid acts of appointment, prolongation of terms and results of investigation and (or) their cancellation.

2. The basic concepts used in these rules:

1) subjects to use of atomic energy - sources of ionizing radiation, radioactive waste and spent nuclear fuel, nuclear, radiation, electrophysical installations, Items of storage and burial, transport packaging sets and nuclear materials;

2) 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;

3) radiation safety - the condition of properties and characteristics of subject to use of atomic energy provided with complex of the actions limiting radiative effects on personnel, the population and the environment according to the regulations established by the legislation of the Republic of Kazakhstan;

4) nuclear safety - condition of properties and characteristics of subject to use of atomic energy in case of which with certain probability the impossibility of nuclear accident is provided;

5) nuclear physical safety - condition of single system of the organizational and technical measures directed to prevention, detection and (or) response to the facts of plunder, diversion, unauthorized access, illegal transfer, the address or other illegal actions concerning subjects to use of atomic energy and (or) the operating organization.

Other concepts applied in these rules correspond to the concepts used in the legislation of the Republic of Kazakhstan in the field of use of atomic energy and civil protection.

Chapter 2. Procedure for the organization and conducting investigation

3. According to Item 3 of article 144-4 of the Entrepreneurial code of the Republic of Kazakhstan and Item 1 of article 7-3 of the Law, investigation is made on the following bases:

- on concrete facts of damnification of life, health of the person, the environment and legitimate interests of physical persons and legal entities, the states in cases when such fact concerned wide range of persons and the specific subject (object) of control and supervision which allowed violations in the field of use of atomic energy is required to establish addresses of physical and (or) legal entities, and also state bodies;

- accidents, technology violations or incidents in the field of use of atomic energy on which there is need of clarification of the circumstances preceding them, establishment of their reasons, nature of violations of service conditions of technical devices, engineering procedures, determination of actions for mitigation of consequences and prevention of similar accidents, technology violations or incidents, the material damage caused by accident, technology violation or incident.

4. According to Item 2 of article 7-3 of the Law investigation is conducted by officials of authorized body.

5. In the presence of the basis, stipulated in Item 3 these rules the first head of department of the authorized body or person replacing it within 72 (seventy two) hours makes the decision on conducting investigation and forming of the Commission on investigation (further - the Commission) with indication of date, time and the place of decision, and also person who passed the decision.

6. The Commissions are included the chairman and members of the commission from among officials of department of authorized body. The commission chairman will organize work, distributes it between members of the commission, performs work planning, determines requirements of the Commission for transport, service premises, means of communication, individual protection equipment for ensuring safe work of the Commission.

7. Specialists of the organizations accredited by department of authorized body performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety for carrying out the technical calculations, laboratory researches, testing, examinations necessary for investigation are involved in investigation by the decision of the commission chairman.

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