JOINT ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2015 No. 747, on December 28, 2015 No. 811

About approval of criteria for evaluation of risk degree and checking sheets in the field of use of atomic energy

According to Item 5 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the field of use of atomic energy according to appendix 1 to this joint order;

2) checking leaf in the field of use of atomic energy for conducting check concerning the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors according to appendix 2 to this joint order;

3) checking leaf in the field of use of atomic energy for conducting check concerning the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radio nuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radio nuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, the substances containing thorium, products of conversion of natural uranium closed by radio nuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts, accelerators of ions with energy to the 2nd mega-electron-volt/nucleon, accelerators of ions with energy the 2nd mega-electron-volt/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit is higher, than nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 mega-electron-volts and providing services in the field of use of atomic energy according to appendix 3 to this joint order;

4) checking leaf in the field of use of atomic energy for conducting check concerning the subjects performing activities with x-ray spectrometers, analyzers, sensors, measuring instruments, the x-ray equipment for examination of hand luggage, baggage, transport, materials, substances, the x-ray equipment for personal examination of the person, medical accelerators of charged particles, medical x-ray installations of general purpose, the medical x-ray dental equipment, medical x-ray mammography installations, the medical x-ray angiographic equipment, medical computer x-ray tomographs, the medical x-ray therapeutic equipment, medical x-ray simulators, subjects, performing activities for physical protection of nuclear installations and nuclear materials, subjects performing activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions, the subjects performing activities for special training of the personnel responsible for ensuring nuclear and radiation safety according to appendix 4 to this joint order;

5) checking leaf in the field of use of atomic energy for conducting check / preventive control with visit of subjects (objects) of control and supervision operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors according to appendix 5 to this joint order;

6) checking leaf in the field of use of atomic energy for conducting check / preventive control with visit of subjects (objects) of control and the supervision operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radio nuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radio nuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, the substances containing thorium, products of conversion of natural uranium closed by radio nuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts, accelerators of ions with energy to the 2nd mega-electron-volt/nucleon, accelerators of ions with energy the 2nd mega-electron-volt/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit is higher, than nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 mega-electron-volts and providing services in the field of use of atomic energy according to appendix 6 to this joint order.

2. Declare invalid the joint order of the Minister of national economy of the Republic of Kazakhstan of August 14, 2015 No. 608 and the Minister of Energy of the Republic of Kazakhstan of August 5, 2015 No. 513 "About approval of criteria for evaluation of risk degree and form of checking leaf in the field of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 12041, published in information system of law of Ad_let of September 28, 2015).

3. Procedure to provide to committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan in the established legislation:

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

2) the direction on official publication of the copy of this joint order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) the direction of the copy of this joint order within ten calendar days from the date of its obtaining in the republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan;

4) placement of this joint order on Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

5) within ten working days after state registration of this joint 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 2), 3) and 4) of this Item.

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

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

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

Minister of Energy of the Republic of Kazakhstan

B. School student

It is approved Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan December 21, 2015

S. Aytpayeva

Appendix 1

to the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 23, 2015 No. 747, on December 28, 2015 No. 811

Criteria for evaluation of risk degree in the field of use of atomic energy

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of use of atomic energy (further – Criteria) are developed according to article 141 of the Entrepreneurial code of the Republic of Kazakhstan, Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts for No. 28577) and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts for No. 17371) for the purpose of reference of subjects of control in the field of use of atomic energy to risk degrees.

2. In Criteria the following concepts are used:

1) the subject of control and supervision – the legal entity performing activities for the address with subjects to use of atomic energy;

2) insignificant violation – violation of requirements, not belonging to considerable and gross violations, but attracting damnification to legitimate interests of physical persons and legal entities, the states;

3) considerable violation – violation of requirements, attracting damnification to health of the person;

4) gross violation – violation of requirements of nuclear and (or) radiation safety and (or) nuclear physical safety (further – requirements), the attracting reradiations, radiation pollution of the territory and the environment and (or) loss of management over source of ionizing radiation;

5) risk – probability of damnification as a result of activities of the subject of control and supervision of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

6) objective criteria for evaluation of risk degree (further – objective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control and supervision depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control and supervision;

7) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with direct activities of the subject of control and the supervision, the features of industry development and factors influencing this development, allowing to carry subjects (objects) of control and supervision to different risk degrees;

8) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control and supervision depending on results of activities of specific subject (object) of control and supervision.

3. Criteria are created by means of objective and subjective criteria for evaluation of degree of risks.

Chapter 2. Objective criteria

4. Determination of objective criteria is performed by means of risk identification.

5. Risk identification is performed taking into account one of the following criteria:

1) level of danger (complexity) of object;

2) scales of weight of possible negative effects, harm on the regulated sphere (area);

3) possibilities of approach of adverse incident for life or health of the person, environment, legitimate interests of physical persons and legal entities, states.

6. Subjects (objects) and activities in the field of use of atomic energy concern to group of high risk:

nuclear energy power plants;

installations on production of nuclear fuel and its components;

research nuclear (atomic) reactors;

thermonuclear reactors.

7. Subjects (objects) and activities in the field of use of atomic energy concern to group of average risk degree:

installations on production and conversion of natural uranium;

Items of storage of highly active radioactive waste;

Items of storage of medium-active radioactive waste;

Items of storage of low-active radioactive waste;

Items of storage of radio nuclide sources;

Items of burial of highly active radioactive waste;

Items of burial of medium-active radioactive waste;

Items of burial of low-active radioactive waste;

Items of burial of the fulfilled radio nuclide sources;

nuclear materials with indication of isotope structure;

radioactive materials;

radiopharmaceuticals;

generators of neutrons;

uraniferous substances;

thorium the containing substances;

products of conversion of natural uranium;

the closed radio nuclide sources with indication of activity;

highly active radioactive waste;

medium-active radioactive waste;

low-active radioactive waste;

radio isotope spectrometers, analyzers, sensors, measuring instruments;

stationary radio isotope defectoscopes;

figurative radio isotope defectoscopes;

radio isotope installations for examination of hand luggage, baggage, transport, materials, substances;

accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV);

accelerators of ions with energy to 2 MEV/nucleon;

accelerators of ions with energy it is higher than 2 MEV/nucleon;

medical gamma and therapeutic installations;

medical radio isotope diagnostic equipment;

transportation, including transit, nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan;

treatment of radioactive waste;

stationary x-ray defectoscopes;

figurative x-ray defectoscopes;

accelerators of electrons with energy to 10 MEV;

provision of services in the field of use of atomic energy.

8. Subjects (objects) and activities in the field of use of atomic energy concern to group of low risk degree:

x-ray spectrometers, analyzers, sensors, measuring instruments;

x-ray equipment for examination of hand luggage, baggage, transport, materials, substances;

x-ray equipment for personal examination of the person;

medical accelerators of charged particles;

medical x-ray installations of general purpose;

medical x-ray dental equipment;

medical x-ray mammography installations;

medical x-ray angiographic equipment;

medical computer x-ray tomographs;

medical x-ray therapeutic equipment;

medical x-ray simulators;

physical protection of nuclear installations and nuclear materials;

activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions;

special training of the personnel responsible for ensuring nuclear and radiation safety.

9. Concerning subjects (objects) of control and supervision carried to high or average risk degree are carried out check on compliance to requirements, preventive control with visit of subject (object) of control and supervision, preventive control without visit of subject (object) of control and supervision and unscheduled inspection.

Concerning subjects (objects) of control and supervision carried to low risk degree are carried out check on compliance to requirements, preventive control without visit of subject (object) of control and supervision and unscheduled inspection.

Frequency of conducting checks for subjects (objects) of control and supervision of activities in the field of use of atomic energy specified in Item 6 is established not more often than once a year, specified in Item 7 is not more often than once in two years specified in Item 8 is not more often than once in three years.

Chapter 3. Subjective criteria

10. Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risk assessment.

11. Forming of the database and information collection are necessary for the identification of subjects (objects) of control and supervision violating the law of the Republic of Kazakhstan in the field of use of atomic energy and about permissions and notifications.

For the purpose of carrying out preventive control with visit for assessment of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control and supervision;

2) results of the previous checks and preventive control with visit of subjects (objects) of control and supervision;

3) results of conducting investigation by state control bodies and supervision according to the bases, stipulated in Article 144-4 Entrepreneurial codes of the Republic of Kazakhstan.

For the purpose of conducting check on compliance to qualification requirements for assessment of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control and supervision;

2) results of the previous checks;

3) analysis results of the data represented by state bodies and the organizations;

4) results of conducting investigation by state control bodies and supervision according to the bases, stipulated in Article 144-4 Entrepreneurial codes of the Republic of Kazakhstan.

Proceeding from priority of the applied sources of information and the importance of indicators of subjective criteria, according to risk exponent procedure of payments by subjective criteria the risk exponent by subjective criteria on scale from 0 to 100 points is calculated.

12. Based on the available information sources subjective criteria are subdivided into three extents of violation: rough, considerable and insignificant.

The analysis and assessment of subjective criteria allows to concentrate conducting check on compliance to requirements and preventive control of subject (object) of control and supervision concerning subject (object) of control and supervision with the greatest potential risk.

In the analysis and assessment the data of subjective criteria which are earlier considered and used concerning specific subject (object) of control and supervision or data according to which the term of limitation period according to Item 1 of Article 178 of the Civil code of the Republic of Kazakhstan expired are not applied.

Concerning the subjects of control and supervision which eliminated in full the issued violations following the results of the carried-out previous preventive control with visit and (or) checks on compliance to requirements their inclusion when forming schedules and lists for the next period of the state control is not allowed.

13. Measure calculation of risk degree by subjective criteria (R) is perfromed in the automated mode by summing of exponent of risk on violations by results of the previous checks and preventive control with visit of subjects (objects) of control and supervision (SP) and exponent of risk by the subjective criteria determined according to Item of 11 these Criteria (SC), with the subsequent normalization of values this in the range from 0 to 100 points.

Rprom = SP + SC, where

Rprom – intermediate exponent of risk by subjective criteria,

SP – risk exponent on violations,

SC – risk exponent by the subjective criteria determined according to Item of 11 these Criteria.

13-1. The following procedure of payments of exponent of risk is applied to reference of the subject of control and supervision to risk degree.

In case of identification of one gross violation to the subject of control and supervision the exponent of risk 100 is equated and concerning it are carried out check on compliance to requirements, preventive control with visit of subject (object) of control and supervision.

In case of not identification of gross violations of measure definition of risk degree is calculated total indicator on violations of considerable and insignificant degree.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7, where:

SRZ – indicator of considerable violations;

SP1 – the required number of considerable violations;

SP2 – the number of the revealed considerable violations.

In case of measure definition of insignificant violations the coefficient of 0,3 is applied and this indicator is calculated by the following formula:

SRN = (SP2 x 100/SP1) x 0,3, where:

SRN – indicator of insignificant violations;

SP1 – the required number of insignificant violations;

SP2 – the number of the revealed insignificant violations.

The risk exponent on violations (SP) is calculated on scale from 0 to 100 points and is determined by summing of indicators of considerable and insignificant violations by the following formula:

SP = SRZ + SRN, where:

SP – risk exponent on violations;

SRZ – indicator of considerable violations;

SRN – indicator of insignificant violations.

The received value of general indicator is the basis of reference of the subject of entrepreneurship to one of the following risk degrees:

1) to high risk – in case of exponent of risk from 71 to 100 inclusive;

2) to average risk degree – in case of exponent of risk from 31 to 70 inclusive;

3) to low risk degree – in case of exponent of risk from 0 to 30 inclusive.

13-2. Measure calculation of risk degree by the subjective criteria determined according to Item of 11 these Criteria is made on scale from 0 to 100 points and performed on the following formula:

 

xi – indicator of subjective criterion,

wi – specific weight of indicator of subjective criterion of xi,

n – quantity of indicators.

The received risk degree measure value by the subjective criteria determined according to Item of 11 these Criteria joins in measure calculation of risk degree by subjective criteria.

13-3. The values calculated by subjects (objects) by indicator are normalized by R in the range from 0 to 100 points. Normalization of data is performed on each sample (selection) with use of the following formula:  

 R – risk exponent (final) by subjective criteria of separate subject (object) of control and supervision,

Rmax – the greatest possible value on risk degree scale by subjective criteria on subjects (objects) entering one sample (selection) (the upper bound of scale)

Rmin – minimum possible value on risk degree scale by subjective criteria on subjects (objects) entering one sample (selection) (the lower bound of scale)

Rprom – the intermediate exponent of risk by subjective criteria calculated according to Item of 13 these Criteria.

14. Extents of violation of requirements for the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components research nuclear (atomic) reactors and thermonuclear reactors for carrying out preventive control with visit of subject (object) of control and supervision are given in appendix 1 to these Criteria.

Extents of violation of requirements for the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radio nuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radio nuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radio nuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, and providing services in the field of use of atomic energy for carrying out preventive control with visit of subject (object) of control and supervision are given by the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 MEV in appendix 2 to these Criteria.

Extents of violation of requirements for the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components research nuclear (atomic) reactors and thermonuclear reactors for conducting check on compliance to qualification requirements are given in appendix 3 to these Criteria.

Extents of violation of requirements for the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radio nuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radio nuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radio nuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, and providing services in the field of use of atomic energy for conducting check on compliance to qualification requirements are given by the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 MEV in appendix 4 to these Criteria.

Extents of violation of requirements for subjects (objects) of control performing activities with x-ray spectrometers, analyzers, sensors, measuring instruments, the x-ray equipment for examination of hand luggage, baggage, transport, materials, substances, the x-ray equipment for personal examination of the person, medical accelerators of charged particles, medical x-ray installations of general purpose, the medical x-ray dental equipment, medical x-ray mammography installations, the medical x-ray angiographic equipment, medical computer x-ray tomographs, the medical x-ray therapeutic equipment, medical x-ray simulators, the subjects performing activities for physical protection of nuclear installations and nuclear materials, subjects performing activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions, the subjects performing activities for special training of the personnel responsible for ensuring nuclear and radiation safety for conducting check on compliance to qualification requirements are given in appendix 5 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors is given in appendix 6 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radio nuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radio nuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radio nuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, by accelerators of electrons with energy to 10 MEV and providing services in the field of use of atomic energy it is given in appendix 7 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects performing activities with x-ray spectrometers, analyzers, sensors, measuring instruments, the x-ray equipment for examination of hand luggage, baggage, transport, materials, substances, the x-ray equipment for personal examination of the person, medical accelerators of charged particles, medical x-ray installations of general purpose, the medical x-ray dental equipment, medical x-ray mammography installations, the medical x-ray angiographic equipment, medical computer x-ray tomographs, the medical x-ray therapeutic equipment, medical x-ray simulators, subjects the nuclear installations and nuclear materials performing activities for physical protection, the subjects performing activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions, the subjects performing activities for special training of the personnel responsible for ensuring nuclear and radiation safety it is given in appendix 8 to these Criteria.

15. For the purpose of realization of the principle of encouragement of fair subjects of control and supervision and concentration of control and supervision on violators subjects (objects) of control and supervision are exempted from carrying out preventive control with visit of subject (object) of control and supervision and (or) check on compliance to requirements of the period determined by these criteria for evaluation of risk degree by means of use of subjective criteria.

16. Subjects (objects) of control and supervision are transferred using information system from high risk in average risk degree or from average risk degree in low risk degree in cases:

1) if such subjects signed insurance contracts of civil responsibility to the third parties in the cases and procedure established by the laws of the Republic of Kazakhstan;

2) if in the laws of the Republic of Kazakhstan and criteria for evaluation of risk degree cases of release from preventive control with visit of subject (object) of control and supervision or conducting checks on compliance to requirements are determined;

3) if subjects are members of the self-regulatory organization based on voluntary membership (participation) according to the Law of the Republic of Kazakhstan "About self-regulation" with which the agreement on recognition of results of activities of self-regulatory organization is signed.

17. When implementing the state control and supervision of the member (participant) of the self-regulatory organization based on voluntary membership (participation) the fact of availability of such membership (participation) in criteria for evaluation of risk degree as the mitigating indicator, taking into account the signed agreement on the recognition of results of activities of self-regulatory organization according to the procedure determined by authorized body by entrepreneurship according to Item 10 of article 141 of the Code is considered.

18. For the purpose of release from preventive control with visit of subject (object) of control and supervision and (or) conducting check on compliance to requirements the mitigating indicators are considered.

Treats the mitigating indicators:

1) availability of audio and (or) video of fixing, with data transmission in the online mode;

2) availability of sensors and the fixing devices on data transmission in systems of state bodies.

19. Release from preventive control with visit of subject (object) of control and supervision and (or) conducting check on compliance to requirements is possible based on the applied alternative (independent) systems of assessment and risk analysis, audit, examinations according to criteria for evaluation of risk degree if such bases are provided in the international treaties ratified by the Republic of Kazakhstan.

Chapter 4. Measures of rapid response

20. According to Item 3 of article 7-2 of the Law of the Republic of Kazakhstan "About use of atomic energy" measures of rapid response include the following types:

1) suspension of operations of subjects (objects) of control and supervision;

2) prohibition of activities of subject (object) of control and supervision on production, production of devices and installations, rendering services, performance of works in the field of use of atomic energy or separate types of business activity;

3) prohibition on import, application and realization in the territory of the Republic of Kazakhstan products, devices and installations, held for use and applications by the population, and also in business and (or) other activity;

4) temporary discharge of persons from work.

21. The list of requirements which violation is the basis for application of measures of rapid response is provided in checking sheets in the field of use of atomic energy according to appendices 2, of 3, of 4, 5 and 6 to this joint order.

22. The basis for application of measures of rapid response in the form of suspension of operations of subjects (objects) of control and supervision with for up to 12 months is violation of requirements:

Items 15, 18 and 19 checking leaves in the field of use of atomic energy for conducting check concerning the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors according to appendix 2 to this joint order;

Items 15, 18 and 19 checking leaves in the field of use of atomic energy for conducting check / preventive control with visit of subjects (objects) of control and supervision operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors according to appendix 5 to this joint order.

The basis for application of measures of rapid response in the form of suspension of operations of subjects (objects) of control and supervision with for up to 6 months is violation of requirements:

Items 52, 54 and 101 checking leaves in the field of use of atomic energy for conducting check concerning the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors according to appendix 2 to this joint order;

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