Article 7-3. Regime of permanent State control and supervision of the Law on the Use of Atomic Energy

Home / Laws / Article 7-3. Regime of permanent State control and supervision of the Law on the Use of Atomic Energy

1. The regime of permanent state control and supervision is established with respect to subjects of control and supervision operating with installations of the 1st category of radiation hazard.

2. Permanent state control and supervision are carried out through the permanent presence and implementation of measures to monitor and monitor the state of safety directly at installations of the 1st category of radiation hazard by authorized officials of the control and supervision body.

3. The subject of constant state control and supervision is compliance by subjects of control and supervision operating with installations of the 1st category of radiation hazard at all stages of the life cycle of these installations, the requirements for nuclear, radiation, nuclear physical safety, the nuclear non-proliferation regime, as well as compliance of installations of the 1st category of radiation hazard, their systems and elements with the specified requirements.

4. Permanent state control and supervision shall be carried out in accordance with this Law and the rules for conducting permanent state control and supervision in the field of the use of atomic energy, approved by the authorized body.

5. The lists of authorized officials for permanent state control and supervision are approved by the head of the territorial subdivision of the control and supervision body subject to the following conditions:

1) at least two officials of the control and supervision body are appointed for one installation of the 1st category of radiation hazard;

2) the term of appointment of officials for one installation of the 1st category of radiation hazard does not exceed three years;

3) the rotation of officials between installations of the 1st category of radiation hazard every three years.

6. Current lists of authorized officials for permanent state control and supervision are sent to the subjects of control and supervision annually by December 10 of the year preceding the year of permanent state control and supervision.

7. At the same time, the composition of authorized officials for permanent state control and supervision may be changed by decision of the head of the territorial subdivision of the control and supervision body, about which the subject (object) of control and supervision is notified after the decision is made.

8. Subjects of control and supervision carrying out activities with installations of the 1st category of radiation hazard are obliged to provide authorized officials with unhindered access to facilities, their systems and elements, as well as documents upon presentation by authorized persons of an official identification.

9. In cases of violations of the requirements of legislation in the field of the use of atomic energy and (or) in the field of radioactive waste management, as well as non-compliance of facilities, their systems and elements with the specified requirements, during permanent state control and supervision, the authorized official draws up and issues an operational order to eliminate violations.

10. The deadlines for the elimination of violations are determined taking into account the circumstances affecting the actual possibility of its execution.

11. If it is impossible to fulfill an operational order (paragraph of an operational order) within the prescribed period for reasons beyond the control of the subject of control and supervision, the subject of control and supervision has the right to contact the authorized official who issued the operational order no later than five working days before the deadline for the execution of the order., with a reasoned request for an extension of the time limit for the execution of the operational order (paragraph of the operational order), indicating compensatory measures to ensure safety and substantiating the effectiveness and sufficiency of these measures.

12. The authorized official of the control and supervision body that issued the operational order, within three working days from the date of receipt of the application for an extension of the time limit for the execution of the operational order, taking into account the arguments outlined, decides to extend the time limit for the execution of the operational order to eliminate the identified violations, indicating specific deadlines for execution, or to refuse to extend it with a reasoned justification.

13. Failure to comply with operational instructions on the elimination of violations within the prescribed period is the basis for the appointment of an unscheduled inspection of the subject (object) of control and supervision in accordance with the procedure established by this Law.

14. Authorized officials of the control and supervision body, when conducting permanent state control and supervision, have the right:

1) permanently reside, obtain unhindered access to the territory, premises, equipment, elements, systems, technical means, materials, as well as to documents and security controls of the subject (object) of control and supervision;

2) involve specialists of the organization of scientific and technical support in the field of the use of atomic energy for the assessment and expertise of nuclear safety and (or) radiation safety, and (or) nuclear physical safety;

3) receive documents (information) on paper and electronic media or copies thereof, as well as access to automated databases (digital systems) in accordance with the subject of state control and supervision;

4) to carry out audio, photo and video shooting;

5) use registrograms, oscillograms, recordings of technical controls, monitoring and recording devices, extracts from operational logs, explanatory notes, diagrams, drawings, photo, audio and video materials, questionnaires and other materials related to the subject of state control and supervision;

6) to summon the subject of control and supervision to receive explanations;

7) initiate research, testing and expertise of nuclear safety and (or) radiation safety, and (or) nuclear physical safety;

8) take part in emergency training and exercises.

15. Authorized officials of the control and supervision body, when conducting state control and supervision, are obliged to:

1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of subjects (objects) of control and supervision;

2) to carry out permanent state control and supervision on the basis of and in strict accordance with the procedure established by this Law and the rules for conducting permanent state control and supervision in the field of the use of atomic energy, approved by the authorized body;

3) not to interfere with the established mode of operation of subjects (objects) of control and supervision during the period of state control and supervision, unless otherwise provided by this Law;

4) promptly and fully exercise the powers granted in accordance with the laws of the Republic of Kazakhstan to prevent, detect and suppress violations of the requirements of the legislation of the Republic of Kazakhstan;

5) not to prevent the subject (object) of control and supervision or his authorized representative from being present during the state control and supervision, to provide explanations on issues related to the subject of state control and supervision;

6) provide the subject (object) of control and supervision with the necessary information related to the subject of state control and supervision;

7) to hand over to the subject (object) of control and supervision an operational order on elimination of the revealed violations;

8) ensure the safety and confidentiality of documents and information obtained as a result of ongoing state control and supervision.

16. Subjects of control and supervision or their authorized persons, when conducting permanent state control and supervision, have the right:

1) to prevent officials of the control and supervision body from permanent state control and supervision in the following cases::

instructions for conducting permanent state control and supervision to officials of the control and supervision body who do not have the appropriate authority to do so;

gross violations of the requirements established by this Law;

2) not to submit documents and information if they do not relate to the subject of verification, except in cases of detection of 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, which entail a decrease in the level of nuclear, radiation and nuclear physical safety;

3) appeal against the operational order to eliminate violations, as well as actions (inaction) of officials of the control and supervision body in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

4) not to comply with prohibitions not based on the law by an authorized official of the control and supervision body, restricting the activities of subjects of control and supervision;

5) record the process of permanent state control and supervision, as well as individual actions of authorized officials of the control and supervision body carried out by them within the framework of permanent state control and supervision, using audio, photo and video recordings, without creating obstacles to the activities of authorized officials of the control and supervision body.

17. Subjects of control and supervision or their authorized persons, when conducting permanent state control and supervision, are obliged to:

1) ensure unhindered access by authorized officials of the control and supervision body to the territory, premises, equipment, elements, systems, technical means, materials, as well as to documents and security controls of the subject (object) of control and supervision;

2) provide authorized officials of the control and supervision body with the necessary conditions for the exercise of their powers, including the provision of office space (workplace), personal protective equipment, communications equipment and access to the facility's digital systems;

3) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide copies of documents (information) on paper and electronic media to authorized officials of the control and supervision body, as well as provide access to automated databases (digital systems) in accordance with the subject of permanent state control and supervision;

4) make a note of receipt on the second copy of the operational order;

5) to ensure the safety of authorized officials of the control and supervision body during permanent state control and supervision from harmful and dangerous industrial factors in accordance with the standards established for this facility.

18. In case of disagreement with the violations specified in the operational order, the subject of control and supervision has the right to send an objection to the territorial subdivision of the control and supervision body within five working days from the day following the day of issue of the operational order.

In the objection, the subject of control and supervision is obliged to state the comments and (or) arguments that are sent to the control and supervision body.

The territorial subdivision of the control and supervision body, within ten working days from the date of receipt of the objection, taking into account the comments and (or) arguments, decides whether to accept or refuse to accept the objection with a reasoned justification.

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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