Article 7-4. Remote control of the Law On the Use of Atomic Energy
1. Remote monitoring is carried out by the control and supervision body on an ongoing basis by analyzing the activities of subjects (objects) of control and supervision in order to identify violations affecting safety and reliability in the handling of nuclear energy facilities.
2. Remote control is carried out by the control and supervision body in respect of subjects (objects) of control and supervision that have committed a violation in accordance with paragraph 1 of this article, based on an analysis of the activities of subjects (objects) of control and supervision and data from digital systems, reports submitted by subjects (objects) of control and supervision, open sources, mass media, as well as other information about the activities of the subject (object) of control and supervision, including information obtained as part of interdepartmental interaction with government agencies.
3. In case of detection of violations based on the results of remote monitoring, a conclusion on the elimination of violations is drawn up and sent to the subject (object) of control and supervision within five working days from the date of detection of violations.
The form of the conclusion on the results of remote monitoring is approved by the authorized body.
4. Within the framework of remote control, the control and supervision body has the right:
1) request written information and documents or copies thereof from subjects (objects) of control and supervision and their officials;
2) to summon the subjects of control and supervision to receive explanations related to the subject of control.
5. Subjects (objects) of control and supervision are obliged to submit the information and documents specified in the request of the control and supervision body within the time limits established by the control and supervision body.
6. The conclusion on the results of remote monitoring is drawn up in two copies. One copy is sent to the subject (object) of control and supervision, the second copy remains with the control and supervision body.
An opinion on the results of remote control sent by one of the following methods is considered to have been duly delivered in the following cases::
1) on purpose – from the date of the mark in the receipt report;
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.
7. The subject of control and supervision, who has received an opinion on the results of remote control, is obliged, within ten working days from the day following the day of its delivery, to submit to the control and supervision body that conducted the remote control, an action plan to eliminate the identified violations, indicating the specific time frame for their elimination.
Upon expiration of the time limits specified in the conclusion on the results of remote control, the subject of control and supervision provides information on the execution of the conclusion on the results of remote control.
The subject (object) of control and supervision shall attach materials proving the fact of elimination of the violation to the information provided on the execution of the conclusion on the results of remote control.
8. In case of disagreement with the violations indicated in the conclusion on the results of remote control, the subject of control and supervision has the right to send an objection to the body of control and supervision that conducted the remote control, which sent the conclusion on the results of remote control, within five working days from the day following the day of delivery of the conclusion on the results of remote control.
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 control and supervisory body that conducted the remote monitoring, 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.
9. Failure to comply with the conclusion on the results of remote monitoring 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 this Law.
10. The implementation of remote control in the field of atomic energy use does not require registration with the authorized body in the field of legal statistics and special records and prior notification of the subject (object) of control and supervision.
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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