Article 7-5. Investigation of the Atomic Energy Law on the Use of Atomic Energy
1. An investigation in the field of the use of atomic energy (hereinafter referred to as the investigation) is conducted on the following grounds:
1) appeals from individuals and (or) legal entities, as well as government agencies on specific facts of harm to life, human health, the environment, the rights and legitimate interests of individuals and legal entities, and the state in cases where such a fact has affected a wide range of people and it is necessary to identify a specific person(s) who (who committed) a violation;
2) information on accidents and incidents related to nuclear, radiation and nuclear physical safety, which necessitate clarifying the circumstances preceding them, establishing their causes, the nature of violations, and determining measures to eliminate the consequences and prevent such violations.
2. The investigation is conducted by officials of the control and supervision body in accordance with this Law and the rules for conducting an investigation in the field of the use of atomic energy.
3. If necessary, experts from the organization of scientific and technical support in the field of the use of atomic energy, specialists, consultants and experts from government agencies and organizations, as well as international experts in the field of the use of atomic energy, are involved in the investigation.
The conclusions of the experts and specialists involved are necessarily attached to the materials based on the results of the investigation.
4. The subjects of control and supervision in the framework of the investigation are obliged to ensure:
1) providing an official of the control and supervision body or members of the commission, experts and specialists involved with special clothing and personal protective equipment, the requirement for the availability of which is provided for by internal documents of the subject of control and supervision;
2) submission of documents and (or) materials, including archival, written and (or) oral explanations related to the investigation;
3) an unhindered opportunity for conducting an examination, inspection;
4) unhindered access to officials of the control and supervision body, members of the commission, experts and specialists involved in the territory of the facility related to the subject of the investigation (administrative buildings, buildings, facilities, premises and other facilities).
5. In the course of the investigation, the reasons for the violation of the requirements of the legislation of the Republic of Kazakhstan are established, the subjects (objects) of control and supervision are identified who committed violations of the requirements of the legislation of the Republic of Kazakhstan, which became the basis for the investigation.
6. Based on the results of the investigation, an act on the results of the investigation is drawn up, which, among other things, reflects the identified violations, instructions for their elimination, and deadlines for eliminating the identified violations.
The time limits for the elimination of identified violations are determined taking into account the circumstances affecting the actual possibility of executing the act on the results of the investigation, and are at least ten calendar days from the date of its delivery.
Before the expiration of the time limits stipulated by the act on the results of the investigation, the subject of control and supervision is obliged to provide information on the elimination of the identified violations with the attachment of materials (if necessary) proving the fact of elimination of the violation.
7. If additional time and (or) financial costs are required to eliminate the identified violations, the subject of control and supervision has the right to apply to the control and supervision body for an extension of the time limit for eliminating the identified violations no later than three working days from the date of delivery of the investigation report to him.
8. If a control and supervision entity is identified as having violated the requirements of the legislation of the Republic of Kazakhstan, measures are taken to bring persons to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Upon identification of sufficient data indicating signs of an administrative offense, a protocol on an administrative offense is drawn up in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
9. In the case of providing information on the elimination of identified violations or after the expiration of the deadline for their elimination, an unscheduled inspection is carried out.
10. The grounds for invalidating acts on the appointment, extension and results of investigations and (or) their cancellation are non-compliance with the procedure for conducting investigations in the field of the use of atomic energy.
11. The results of the investigation, with the exception of information constituting state secrets or other secrets protected by the laws of the Republic of Kazakhstan, are published within ten working days after the end of the investigation on the Internet resource of the control and supervision body.
12. An appeal against an act on the results of an investigation does not suspend the execution of the act.
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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