of December 9, 2004 No. 69
About use of atomic energy
This Law determines the legal basis and the principles of regulation of the public relations when using atomic energy, is directed to protection of health and life of people, environmental protection, providing non-proliferation regime of nuclear weapon, nuclear and radiation safety, protection of property when using atomic energy and designed to promote development of atomic science and technology, to promote strengthening of the international mode of safe use of atomic energy.
In this Law the following basic concepts are used:
state regulation - activities of authorized state bodies for development, approval and enforcement of regulations and rules of the nuclear and radiation safety, licensing of types of activity connected with use of atomic energy and to supervision implementation;
control - the actions which are constantly performed by authorized state bodies and the operating organization for check of fulfillment of requirements of regulations, rules and instructions;
supervision - actions of authorized state body for check of execution of regulatory legal acts of the Republic of Tajikistan, conditions of licenses and international treaties within the competence, for the purpose of regulation of process of use of atomic energy;
placement Items - the special stationary objects and constructions intended for storage of radioactive materials or burial of radioactive waste;
atomic energy - the energy which is marked out in the course of transformations of atomic kernels. Source of atomic energy is the internal energy of atomic nucleus connected with interaction and movement of protons and neutrons in kernel;
use of atomic energy - the atomic energy arising when implementing of the directed chain nuclear and thermonuclear reactions of explosive type (atomic and hydrogen bomb) and also the managed reactions with the regulated level of allocation of energy (atomic reactors). Here use of atomic energy is meant also as energy use of radioactive decay of radioactive materials and sources of ionizing radiation;
radioactive waste - the materials and substances in any aggregate state containing the radioactive materials in the quantities and concentration exceeding regulation regulations of value formed as a result of economic activity and inadequate to further use;
special non-nuclear materials - the materials as such determined by bylaws in connection with the international legal mode of regulation of nuclear export;
goods and services in the field of use of atomic energy - nuclear installations, the equipment, technologies, the radioactive materials, special non-nuclear materials used for production of nuclear materials, sources of ionizing radiation, and also the related services;
withdrawal level - complex of the sizes expressed in terms of activity in case of which or below which sources of radioactive and ionizing radiation can be excluded from under control, according to existing rules;
physical protection of nuclear materials and nuclear installations - single system of the organizational and technical measures directed to prevention of unauthorized access for persons to nuclear materials and installations;
storage - the temporary placement in specially prepared places (including in special containers) radioactive materials and radioactive waste assuming possibility of their extraction for use, conversion or burial;
the operating organization - the organization having the license of authorized state body for implementation of activities for use of atomic energy;
nuclear safety - the property of nuclear object providing impossibility of nuclear accident with certain probability;
nuclear installations - nuclear reactors, including reactors of nuclear power plants space and aircraft, vehicles, industrial, experimental research reactors, nuclear stands, any other constructions, complexes, installations, the equipment and technical means for production, use, conversion, transportation and placement of nuclear materials.
The legislation of the Republic of Tajikistan in the field of use of atomic energy is based on the Constitution of the Republic of Tajikistan, consists of this Law, others legislative and regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by the Republic of Tajikistan.
1. The basic principles of legal regulation in the field of use of atomic energy are:
- ensuring nuclear and radiation safety when using atomic energy, protection of the population and the environment against radiation hazard;
- availability, objectivity and timeliness of information connected with use of atomic energy and impact on the population and the environment 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 laws and other normativnykhpravovy acts of the Republic of Tajikistan, and also in practical activities in the field of use of atomic energy;
- prohibition of burial of radioactive waste of other states in the territory of the Republic of Tajikistan;
- ensuring the state control and supervision of nuclear and radiation safety when using atomic energy;
- ensuring social protection of personnel of subjects to the use of atomic energy, and also the populations living and performing labor activity in regions of their arrangement;
- compensation of the damage caused by radiative effects.
2. 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 in the field of 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.
3. In the territory of the Republic of Tajikistan any activities of physical persons and legal entities for use of atomic energy for the purpose of development, creations, productions, testing, storages and distribution of nuclear weapon are strictly forbidden.
1. Subjects to use of atomic energy are:
- nuclear installations;
- Items of storage of nuclear materials and radioactive materials, storages of radioactive waste, stationary objects and constructions intended for storage of nuclear materials and radioactive materials, or for burial of radioactive waste;
- nuclear materials;
- radioactive waste;
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