FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 21, 1995 No. 170-FZ

About use of atomic energy

Accepted by the State Duma of the Russian Federation on October 20, 1995

This Federal Law determines the legal basis and the principles of regulation of the relations arising when using atomic energy, is directed to protection of health and life of people, environmental protection, protection of property when using atomic energy, designed to promote development of atomic science and technology, to promote strengthening of the international mode of safe use of atomic energy.

Chapter I. General provisions

Article 1. The legislation of the Russian Federation in the field of use of atomic energy

The legislation of the Russian Federation in the field of use of atomic energy in the peace and defense purposes is based on the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation in the field of use of atomic energy in the peace and defense purposes and consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them.

Provisions of the Federal Laws and other regulatory legal acts of the Russian Federation establishing requirements of industrial safety of hazardous production facilities, requirements of fire safety the safety requirements of hydraulic engineering constructions concerning scope of this Federal Law are applied to the relations in the field of use of atomic energy in the peace and defense purposes in the part which is not contradicting this Federal Law.

The activities connected with development, production, testing, operation and utilization of nuclear weapon and military nuclear power plants are not regulated by this Federal Law.

Article 2. The principles and tasks of legal regulation in the field of use of atomic energy

The basic principles of legal regulation in the field of use of atomic energy are:

safety when using atomic energiizashchita of individuals, the population and the environment from radiation hazard;

availability of information connected with use of atomic energy if this information does not contain the data which are the state secret;

participation of citizens, commercial and non-profit organizations (further - the organizations), other legal entities in discussion of state policy, drafts of the Federal Laws and other legal acts of the Russian Federation, and also in practical activities in the field of use of atomic energy;

compensation of the damage caused by radiative effects; provision to workers of subjects to use of atomic energy of social and economic compensations for negative impact of ionizing radiation on health of the person and for additional risk factors; ensuring social protection of the citizens living and (or) performing labor activity in regions of arrangement of these objects;

differentiation of responsibility and functions of bodies of state regulation of safety, governing bodies of use of atomic energy, authorized body of management of use of atomic energy and the organizations performing activities in the field of use of atomic energy;

independence of bodies of state regulation of safety in case of adoption of decisions by them and implementation of the powers from governing bodies of use of atomic energy, authorized body of management of use of atomic energy and from the organizations performing activities in the field of use of atomic energy;

observance of the international obligations and guarantees of the Russian Federation in the field of use of atomic energy.

The main objectives of legal regulation of the relations arising when implementing all types of activity in the field of use of atomic energy are:

creation of the legal basis of system of public administration by use of atomic energy and system of state regulation of safety when using atomic energy;

establishment of the rights, obligations and responsibility of public authorities, local government bodies, organizations and other legal entities and citizens.

Article 3. Subjects to application of this Federal Law

Subjects to application of this Federal Law (subjects to use of atomic energy) are:

nuclear installations - constructions and complexes with nuclear reactors, including nuclear power plants, vessels and other watercrafts, space and aircraft, other transport and transportable means; constructions and complexes with industrial, experimental and research nuclear reactors, critical and subcritical nuclear stands; constructions, complexes, polygons, installations and devices with nuclear charges for use in the peace purposes; other containing nuclear materials of construction, complexes, installations for production, uses, conversions, transportations of nuclear fuel and nuclear materials;

radiation sources - the complexes which are not relating to nuclear installations, installations, devices, the equipment and products which contain radioactive materials or ionizing radiation is generated;

Items of storage of nuclear materials and radioactive materials, Items of storage, storage of radioactive waste (further - storage Items) - the stationary objects and constructions which are not relating to nuclear installations, radiation sources and intended for storage of nuclear materials and radioactive materials, storage or burial of radioactive waste;

the heat-generating assembly of the nuclear reactor - the machine-building product containing nuclear materials and intended for receipt of heat energy in the nuclear reactor due to implementation of controlled nuclear reaction;

the irradiated heat-generating assemblies of the nuclear reactor - the heat-generating of it irradiated in the nuclear reactor and taken the assemblies containing spent nuclear fuel;

nuclear materials - the materials containing or capable to reproduce the sharing (split) nuclear substances;

radioactive materials - the substances which are not relating to nuclear materials emitting ionizing radiation;

radioactive waste - the materials and substances, and also the equipment, products which are not subject to further use (including the fulfilled sources of ionizing radiation), content of radionuclides in which exceeds the levels established according to the criteria established by the Government of the Russian Federation;

nuclear fuel - the nuclear material intended for receipt of heat energy and (or) flows of radiation in nuclear installation due to implementation of controlled nuclear reaction of division;

spent nuclear fuel - the nuclear fuel irradiated in active zone of the reactor and finally removed from it.

Reference of the objects specified in part one of this Article to the listed categories, the structure and borders of the specified objects are determined depending on category of object by the organizations performing activities in the field of use of atomic energy, according to the procedure, established by the Government of the Russian Federation.

For the purposes of this Federal Law complete lifecycle of subject to use of atomic energy depending on category of subject to application of this Federal Law is understood as placement, design (including researches), designing, production, construction or construction (including installation, adjustment, commissioning), operation, reconstruction, capital repairs, conclusion from operation (closing), transportation (transportation), the address, storage, burial and utilization of subjects to use of atomic energy.

Operation of this Federal Law does not extend to the objects containing or using nuclear materials and radioactive materials in quantities and with activity (and (or) emitting ionizing radiation with intensity or energy) the values which were less established by federal regulations and rules of use of atomic energy for which permissions of federal executive bodies in the field of state regulation of safety are required (further - bodies of state regulation of safety) when using atomic energy when implementing activities with the specified objects if other is not stipulated by the legislation the Russian Federation.

Article 4. Types of activity in the field of use of atomic energy

This Federal Law extends to the following types of activity in the field of use of atomic energy:

placement, design, construction, operation and conclusion from operation of nuclear installations, radiation sources and Items of storage, closing of Items of burial of radioactive waste, conducting examination of safety of subjects to use of atomic energy and (or) types of activity in the field of use of atomic energy;

development, production, testing, transportation, storage, utilization, use of nuclear charges in the peace purposes and the treatment of them;

the treatment of nuclear materials and radioactive materials, including in case of exploration and production of the minerals containing these materials and substances in case of production, use, conversion, transportation and storage of nuclear materials and radioactive materials;

safety when using atomic energy;

control of ensuring nuclear, radiation, technical and fire safety (further - safety) nuclear installations, radiation sources and Items of storage, behind ensuring sanitary and epidemiologic wellbeing of citizens when using atomic energy;

carrying out scientific research in all fields of use of atomic energy;

physical protection of nuclear installations, radiation sources, Items of storage, nuclear materials and radioactive materials;

accounting and control of nuclear materials and radioactive materials;

export and import of nuclear installations, the equipment, technologies, nuclear materials, radioactive materials, special non-nuclear materials and services in the field of use of atomic energy;

state monitoring of radiation situation in the territory of the Russian Federation;

training of specialists in the field of use of nuclear installations, radiation sources, Items of storage, nuclear materials and radioactive materials;

accomplishment of other types of activity in the field of use of atomic energy.

Article 5. Property on nuclear materials, nuclear installations, storage Items, radiation sources and radioactive materials

Nuclear materials can be in federal property or in property of legal entities.

The list of nuclear materials which can be only in federal property affirms the President of the Russian Federation.

The list of the Russian legal entities (that is the legal entities created in accordance with the legislation of the Russian Federation) in whose property there can be nuclear materials, affirms the President of the Russian Federation.

The property right of foreign states, foreign legal entities to the nuclear materials imported into the Russian Federation or acquired in the Russian Federation and to products of their conversion is recognized the Russian Federation.

Nuclear installations can be in federal property or in property of the Russian legal entities whose list affirms the President of the Russian Federation.

Items of storage can be in federal property or in property of the Russian legal entities if the Federal Law does not provide other.

Radiation sources, radioactive materials can be in federal property, property of subjects of the Russian Federation, municipal property or in property of legal entities.

The property right to the objects specified in this Article is acquired and stops on the bases provided by the civil legislation taking into account the features established by the Federal Laws.

Transactions of the Russian legal entities on transfer of property on nuclear materials to foreign state or the foreign legal entity are made in coordination with the authorized Government of the Russian Federation federal executive body according to the procedure and on conditions which are established by the Government of the Russian Federation.

Transactions on transfer of nuclear materials, nuclear installations in property of the Russian legal entities who are not included in the lists provided by parts three and the fifth this Article, and also the transaction on transfer of property on nuclear materials to foreign state or the foreign legal entity which are made by the Russian legal entities with violation of requirements of part nine of this Article are insignificant.

The treatment of the nuclear materials which are in federal property, property of foreign states, the Russian legal entities, foreign legal entities, and operation of the nuclear installations and Items of storage which are in federal property, property of the Russian legal entities are performed by the Russian organizations having the corresponding permissions (licenses) for the right of conducting works in the field of use of atomic energy.

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