Article 7-6. Operational response measures in the field of the use of atomic energy and the procedure for their application of the Law on the Use of Atomic Energy
1. In the course of implementation and (or) based on the results of state control and supervision, the control and supervision body applies rapid response measures in the field of the use of atomic energy (hereinafter referred to as – prompt response measures) in cases of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management, if the activities of the subject (object) of control and supervision pose an immediate threat to the rights, freedoms and legitimate interests of individuals and legal entities, human life and health, property, the environment, national Security of the Republic of Kazakhstan.
2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision used during the implementation and (or) based on the results of an inspection and (or) investigation, the types of which are provided for in this article.
3. Rapid response measures include the following types::
1) suspension of the activities of subjects (objects) of control and supervision;
2) prohibition of the activities of the subject (object) of control and supervision for the production of products, manufacture of devices and installations, provision of services, performance of work in the field of the use of atomic energy or certain types of entrepreneurial activity;
3) prohibition on the import, use and sale in the territory of the Republic of Kazakhstan of products, devices and installations intended for use and use by the public, as well as in entrepreneurial and (or) other activities;
4) temporary suspension of persons from work.
4. The basis for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which pose a threat to human life and health, radioactive contamination of the environment above the established standards.
The list of requirements, the violation of which entails the application of rapid response measures, as well as the definition of specific violations of the requirements of a specific type of rapid response measures, indicating the duration of this measure (if necessary), is approved by the authorized body.
5. In the course of implementation and (or) based on the results of state control and supervision, if violations of the requirements that are the basis for the application of rapid response measures are detected, the supervisory authority draws up an act of supervision in the form approved by the authorized body.
The act of supervision is drawn up and sent to the subject of control and supervision in one of the following ways, and is considered 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.
6. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act. The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by letter with a notification of its delivery.
7. Refusal to receive an act of supervision is not a reason for its non-fulfillment.
8. Violations of requirements identified during the implementation and (or) based on the results of state control and supervision, which are the basis for the application of rapid response measures, are reflected in the acts on the results of the audit, investigation, as well as in the instruction and operational instruction on the elimination of identified violations of the requirements of regulatory legal acts of the Republic of Kazakhstan in the field of the use of atomic energy and (or) areas of radioactive waste management.
9. The subject of control and supervision is obliged to eliminate the identified violations of the requirements that are the basis for the application of rapid response measures within the time limits specified in the act on the results of the investigation, the instruction and the operational instruction on the elimination of identified violations of the requirements of regulatory legal acts of the Republic of Kazakhstan in the field of the use of atomic energy and (or) the field of radioactive waste management.
10. Upon expiration of the deadlines for eliminating violations of the requirements identified by the results of the audit, investigation and ongoing state control and supervision, an unscheduled inspection is carried out to control the elimination of identified violations, which are the basis for the application of rapid response measures.
The act of supervision is terminated if the control and supervision body confirms the elimination of the identified violations of the requirements that are the basis for the application of rapid response measures on the basis of the act on the results of an unscheduled inspection in accordance with subparagraph 1) of paragraph 7 of Article 7-2 of this Law.
11. In case of failure to eliminate the identified violations of the requirements that are the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan, as well as to enforce them by filing a lawsuit in court.
12. Before the expiration of the time limits stipulated by the act on the results of the investigation, the order and the operational order on the elimination of identified violations of the requirements of regulatory legal acts of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management, the subject of control and supervision is obliged to provide information on the elimination of identified violations with the attachment of materials proving the elimination of violations.
If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 10 of this article.
13. In case of disagreement with the results of state control and supervision, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the act of supervision as invalid and its cancellation.
A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Filing a complaint does not suspend the execution of the act of supervision.
14. The grounds for invalidating the act of supervision and its cancellation are:
1) the lack of grounds for the application of rapid response measures;
2) the application of rapid response measures on grounds that do not correspond to these measures;
3) the application by the control and supervision body of rapid response measures on issues outside its competence.
15. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.
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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