Article 7-2. Inspections in the field of the use of atomic energy of the Law on the Use of Atomic Energy
1. Verification of the subject (object) of control and supervision (hereinafter referred to as verification) is the activity of the body of control and supervision in relation to the subject (object) of control and supervision for compliance with the requirements in accordance with paragraph 3 of Article 7 of this Law.
An inspection is carried out with a visit to the subject (object) of control and supervision, according to the results of which, if violations are detected by the subject (object) of control and supervision, an act on the results of the inspection and an order to eliminate the violations identified are drawn up.
2. Inspections are divided into scheduled and unscheduled.
3. Scheduled inspections are carried out in relation to subjects of control and supervision operating with installations of 1, 2 and 3 categories of radiation hazard.
Unscheduled inspections are carried out in relation to subjects of control and supervision operating with installations of 1, 2, 3 and 4 categories of radiation hazard.
4. Scheduled inspections are carried out on the basis of an act on the appointment of an inspection according to the annual list of inspections approved by the control and supervision body by December 10 of the year preceding the year of the scheduled inspection.
The annual list of scheduled inspections is formed taking into account the classification of subjects (objects) of control and supervision according to the degree of risk and is posted on the Internet resource of the control and supervision body no later than December 20 of the year preceding the year of inspections.
Subjects (objects) of control and supervision according to the degree of risk are divided into:
1) high–risk entities - entities of control and supervision operating with installations of the 1st category of radiation hazard;
2) medium–risk entities - control and supervisory entities operating installations of the 2nd category of radiation hazard and installations of the 3rd category of radiation hazard in terms of installations for the manufacture of nuclear fuel and its components, extraction and (or) processing of natural uranium or thorium, as well as the low-enriched uranium bank of the International Atomic Energy Agency;
3) low–risk entities - entities of control and supervision engaged in activities with installations of the 3rd category of radiation hazard, with the exception of installations for the manufacture of nuclear fuel and its components, extraction and (or) processing of natural uranium or thorium, as well as the low-enriched uranium bank of the International Atomic Energy Agency.
Scheduled inspection of subjects (objects) of control and supervision classified as high, medium and low risk is carried out no more than once a year.
Annual lists of scheduled inspections in respect of subjects (objects) of control and supervision are formed with mandatory indication of the objects in respect of which a scheduled inspection is scheduled.
The annual lists of scheduled inspections must include all objects of subjects of control and supervision classified as high and medium risk.
Objects of subjects of control and supervision classified as low-risk are included in the annual lists of scheduled inspections, taking into account the information generated on the basis of:
1) the results of previous inspections;
2) information from government digital systems;
3) the results of monitoring reports and information provided by the subject (object) of control and supervision;
4) information about radiation incidents;
5) information about the fulfillment of regulations;
6) the results of the analysis of information provided by government agencies and organizations;
7) appeals from individuals and legal entities with the provision of supporting facts.
Amendments and additions to the annual list of inspections are carried out in cases of liquidation, reorganization of the subject (object) of control and supervision being checked, changes in its name, as well as the occurrence of a natural, man-made and (or) social emergency, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents and related restrictions.
The form of the inspection list is approved by the authorized body.
5. The control and supervision body is obliged to notify in writing the subject (object) of control and supervision or its authorized person, the state body carrying out activities in the field of legal statistics and special accounting within its competence, of the start of a scheduled audit at least one business day before the start of the audit, indicating the date of its start, if this article does not provide otherwise.
A notification of the start of an inspection sent by one of the following methods is considered to have been duly served in the following cases::
1) on purpose – from the date of the mark in the notification of receipt;
2) by mail – by registered mail with notification;
3) to subscriber cellular communication devices, including those registered on the "digital government" web portal, instant messaging services, and e-mail – from the date of sending by the control and supervision body to the address of the subject (object) of control and supervision used for official interaction.
6. An unscheduled inspection is an inspection appointed by a control and supervisory body on specific facts and circumstances that served as the basis for the appointment of an unscheduled inspection in relation to a specific subject (object) of control and supervision, in order to prevent and (or) eliminate an immediate threat to human life and health, the environment, the legitimate interests of individuals and legal entities, and the state.
When conducting an unscheduled inspection, with the exception of the cases provided for in paragraphs 3), 4), 5), 7), 8) and 10) of paragraph 7 of this Article, the control and supervision body is obliged to notify the subject (object) of control and supervision about the beginning of an unscheduled inspection of the subject (object) of control and supervision at least less than one day before the start of the inspection, indicating the subject of the inspection of the subject (object) of control and supervision.
7. The grounds for conducting an unscheduled inspection of subjects (objects) of control and supervision are:
1) monitoring the elimination of violations that are grounds for the application of rapid response measures;
2) monitoring the implementation of measures based on the results of the investigation;
3) failure to comply with the measures specified in the conclusion on the results of remote monitoring, including failure to provide information on the elimination of identified violations and (or) failure to eliminate violations;
4) appeals of individuals and legal entities on specific facts and circumstances of violation of the requirements of the legislation of the Republic of Kazakhstan in the field of the use of atomic energy and (or) in the field of radioactive waste management;
5) control over the execution of orders to eliminate identified violations based on the results of planned and unscheduled inspections, if the subject (object) of control and supervision has not provided information on the elimination of identified violations more than once and (or) has not eliminated the identified violations.;
6) the prosecutor's demand for specific facts of causing or threatening harm to life, human health, the environment, the rights and legitimate interests of individuals and legal entities, the state;
7) appeals from state bodies, structural divisions of the authorized body on specific facts of harm to life, human health, the environment, violations of the rights and legitimate interests of individuals and legal entities, the state, as well as violations of the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management;
8) information on changes in systems, equipment, and documentation of a nuclear installation related to ensuring nuclear, radiation, or nuclear physical safety;
9) repeated inspection related to the request of the subject (object) of control and supervision about disagreement with the initial inspection (illegality of the application of rapid response measures);
10) information in the state electronic register of permits and notifications on the absence and (or) expiration of a license in the field of atomic energy use in accordance with Article 9 of this Law;
11) assignment of a criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan;
12) the instruction of the first head of a higher state body on taking measures against subjects (objects) of control and supervision for violations of the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) in the field of radioactive waste management;
13) failure to comply with operational instructions to eliminate identified violations issued during ongoing monitoring and supervision;
14) publications and messages in mass media, digital systems of state bodies on violations of the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) in the field of radioactive waste management;
15) a counter-check with respect to third parties with whom the audited entity had civil relations in order to obtain the information necessary for verification.
8. If violations of the requirements of the legislation of the Republic of Kazakhstan in the field of the use of atomic energy and (or) in the field of radioactive waste management that lead to a decrease in the level of nuclear, radiation and nuclear physical safety are found that are not related to the subject of the unscheduled inspection, they are reflected in the act on the results of the inspection.
9. Unscheduled inspections are not carried out in cases of anonymous requests.
The Law of the Republic of Kazakhstan dated January 12, 2016 No. 442-V SAM.
This Law defines the legal basis and principles for regulating public relations in the field of the use of atomic energy in order to protect human life and health, their property, and environmental protection, and is aimed at ensuring the regime of non-proliferation of nuclear weapons, nuclear, radiation, and nuclear physical safety in the use of atomic energy.
President
Republic of Kazakhstan
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