On amendments and additions to certain legislative acts of the Republic of Kazakhstan on radioactive waste management, energy and development of the nuclear industry

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The Law of the Republic of Kazakhstan dated July 7, 2026 No. 336-VIII SAM

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

1. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:

1) add subparagraph 13) to the second part of paragraph 3 of Article 82 as follows:

"13) regulation of issues in the field of the use of atomic energy, including those related to ensuring nuclear, radiation and nuclear physical safety.";

2) in article 129:

Paragraph 2 ""8-2"" should be added after the digits "8-1".;

add paragraph 8-2 as follows:

"8-2. This chapter, with the exception of paragraphs 1, 2 and 3 of Article 131, articles 131-1, 153 and 157 of this Code, does not apply to state control and supervision in the field of the use of atomic energy.";

"add ", 8-2" to the first part of paragraph 17 and the first part of paragraph 19 after the digits "8-1".;

3) in article 138:

sub-paragraph 6) should be deleted;

Subparagraph 9) should be worded as follows:

"9) in the field of the use of atomic energy;";

"4") in paragraph 14 of Article 193, the words "authorized organization for the operation of the Semipalatinsk Nuclear Safety Zone" should be replaced by the words "National Nuclear Center of the Republic of Kazakhstan".

2. To the Environmental Code of the Republic of Kazakhstan dated January 2, 2021:

1) delete article 369;

2) in article 370:

Add the words ", in the field of radioactive waste management" to paragraph 2;

"Paragraph 3" after the words "atomic energy," add the words "radioactive waste management,";

3) Articles 371, 372, 373, 374 and 375 should be deleted.

3. To the Budget Code of the Republic of Kazakhstan dated March 15, 2025:

Paragraph 3 of Article 1 should be supplemented with the words "financing projects in the field of atomic energy use implemented within the framework of international treaties ratified by the Republic of Kazakhstan".

4. To the Law of the Republic of Kazakhstan dated July 9, 2004 "On Electric Power Industry":

1) in article 1:

subparagraph 2-3) should be worded as follows:

"2-3) single buyer – a legal entity, designated by the authorized body, which carries out the centralized purchase of services for maintaining the availability of electric power, services for maintaining the availability of power to electric networks and the centralized provision of services for ensuring the availability of electric power to carry the load in accordance with the procedure provided for by this Law;";

add the following sub-items 18-3), 29-2), 29-3), 29-4) and 29-5) as follows:

"18-3) isolated administrative-territorial unit – an administrative-territorial unit that does not have a technical connection (connection) with the unified electric power system of the Republic of Kazakhstan, the energy supply of which is carried out by energy-producing organizations located in this territory, and (or) within the framework of concluded contracts for the purchase and sale of electric energy with the energy systems of neighboring states;";

"29-2) service for maintaining the availability of electric grid capacity is a service provided by a regional electric grid company, a system operator, as well as the winner of auctions for the construction of electric grids to a single buyer to maintain the availability of electric grid capacity for receiving and transmitting electric energy;

29-3) individual tariff for services to maintain the availability of electric grid capacity – the tariff stipulated in the investment agreement for the construction of electric grids, which includes a refund of the amount of capital expenditures and remuneration for related loans, the rate of return on invested capital, subject to annual indexation to the inflation rate, determined according to the data of the authorized body in the field of state statistics;

29-4) auctions for the construction of electric networks – a process aimed at selecting a winner for the implementation of projects for the construction of electric networks with a voltage of 220 kV and above, organized and conducted in an electronic system by the organizer of auctions for the construction of electric networks, within which the individual tariff for the service, the volume and duration of the purchase of services to maintain the availability of power are determined electrical networks;

29-5) the organizer of auctions for the construction of electric networks is a legal entity, more than fifty percent of the shares (shares in the authorized capital) of which belong to the state and its affiliated persons, as determined by the authorized body;";

Sub-paragraphs 31) and 31-6) should be worded as follows:

"31) electric power regulation service – a service provided to a system operator to compensate for deviations of the actual electrical load of subjects of the wholesale electric energy market from the declared electrical load;";

"31-6) electric power market – a system of relationships between subjects of the wholesale electric energy market related to the maintenance by energy-producing organizations of generating equipment in a state of readiness for electric energy generation and the maintenance by energy-transmitting organizations of electric networks in a state of accessibility to the reception and transmission of electric energy;";

Sub-paragraph 45) should be deleted;

2) Subparagraph 1-1) of Article 4 shall be worded as follows:

"1-1) provides state financial support to a single buyer in the event that it is impossible for him to fulfill his obligations to energy-producing organizations under a contract for the purchase of services to maintain the availability of electric power, energy transmission organizations under contracts for the purchase of services to maintain the availability of power to electric networks due to insufficient income from the provision of services to ensure the availability of electric power to bear the load to compensate for expenses, incurred solely by him in providing this service;";

3) add subparagraph 70-57) to Article 5 as follows:

"70-57) concludes investment agreements for the construction of electric networks with regional electric grid companies, the system operator, as well as the winners of auctions for the construction of electric networks;";

4) in paragraph 1 of article 10:

add subparagraph 2-2) as follows:

"2-2) provides a service to maintain the availability of power to electric networks;";

Sub-paragraphs 22-2) and 22-3) should be worded as follows:

"22-2) confirms the deficit and surplus of electric energy in the unified electric power system of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body;

22-3) determines the quota of electric energy available for the activities of digital miners, in accordance with the procedure determined by the authorized body;";

5) paragraph 2 of Article 10-3 should be supplemented with sub-paragraphs 1-1) and 3-1) as follows:

"1-1) concludes contracts for the purchase of services to maintain the availability of power to electric networks;";

"3-1) acquires a service to maintain the availability of power to electric networks in accordance with the contract for the purchase of services to maintain the availability of power to electric networks;";

6) in article 13:

Paragraph 3 should be supplemented with parts two and four as follows:

"For the purpose of energy supply to consumers located on the territory of an isolated administrative-territorial unit, energy supply organizations purchase electricity from energy-producing organizations, including those using renewable energy sources located on the territory of this isolated administrative-territorial unit, as well as from electric energy suppliers selling electric energy on the territory of the Republic of Kazakhstan directly on behalf of a foreign producer..";

"Energy supply organizations that provide energy supply on the territory of an isolated administrative-territorial unit independently regulate the supply (export) of electric energy to an authorized organization of a neighboring state.";

in paragraph 3-1:

The first part should be worded as follows:

"3-1. Energy producing organizations, with the exception of those located on the territory of an isolated administrative-territorial unit, are required to sell the entire volume of electric energy supplied to the grid to a single buyer of electric energy and (or) consumers who are part of the same group of persons with them, or to the administrator of a hybrid group who is part of the same hybrid group with them, in accordance with by this Law.";

add the following part of the second part:

"Energy-producing organizations, including those using renewable energy sources located on the territory of an isolated administrative-territorial unit, have the right to sell (sell) electric energy to an energy supply organization operating within the administrative-territorial unit (region) on whose territory the isolated administrative-territorial unit is located.";

""in part three, the words "paragraphs one and two of this paragraph" should be replaced by the words "parts one and three of this paragraph";

subparagraph 1) of paragraph 3-2 should be supplemented with the following second paragraph:

Paragraph 6 should be worded as follows:

"6. Subjects of the wholesale electric energy market, including all energy-producing organizations, regardless of their form of ownership, with the exception of subjects of the wholesale electric energy market in terms of their activities on the territory of an isolated administrative-territorial unit, are required to participate in the balancing electric energy market;";

Delete paragraph 6-1;

Paragraph 11 should be supplemented with sub-paragraphs 3) and 4) as follows:

"3) sales of electric energy by energy-producing organizations located on the territory of an isolated administrative-territorial unit within the framework of concluded contracts for the purchase and sale of electric energy with the energy systems of neighboring states;

4) purchase of electric energy from outside the Republic of Kazakhstan for the purpose of supplying electric energy to consumers located in the territory of an isolated administrative-territorial unit.";

7) in article 15:

Paragraph 3 should be worded as follows:

"3. The functioning of the balancing electric energy market is carried out in accordance with the procedure established by the authorized body.";

add paragraph 4 as follows:

"4. The provisions of this Law regarding the functioning of the wholesale market of electric energy and capacity, including the conditions and procedure for the purchase and sale of planned volumes of electric energy, the settlement of hourly imbalances, and the provision of services in the electric power market do not apply to the relationship of market entities in an isolated administrative-territorial unit.";

8) in article 15-3:

The first part of paragraph 1 should be worded as follows:

"1. The electric capacity market operates in order to attract investments to maintain existing, introduce new electric capacities and build new electric networks in the unified electric power system of the Republic of Kazakhstan to cover the demand for electric capacity.";

Paragraph 3-2 should be worded as follows:

"3-2. The single buyer pays for the service of maintaining the availability of electric power under contracts concluded in accordance with paragraph 3-1 of this article and the service of maintaining the availability of electric grid power under contracts concluded in accordance with paragraph 3-7 of this article on a monthly basis, but no later than forty-five working days after the end of the month of delivery of this service.";

add paragraphs 3-7 and 4-2 as follows:

"3-7. A single buyer enters into contracts for the purchase of services to maintain the availability of electric grid capacity with:

regional electric grid companies,

the system operator,

the winners of the auctions for the construction of electrical networks.

The individual tariff for the service to maintain the availability of power to electric networks, the volume and timing of the purchase of services to maintain the availability of power to electric networks are set out in the investment agreement for the construction of electric networks, including based on the results of auctions for the construction of electric networks.";

"4-2. Regional electric grid companies, the system operator, as well as the winners of auctions for the construction of electric grids provide services to maintain the availability of electric grid capacity to a single buyer in an amount not exceeding the technical parameters of the construction and operation of electric grids, only after conducting their comprehensive testing.

In case of unsuccessful comprehensive testing of electric networks, the volume of services for maintaining the availability of power to electric networks specified in the contract for the purchase of services for maintaining the availability of power to electric networks concluded with a single buyer is reduced until the successful completion of comprehensive testing in accordance with the procedure determined by the authorized body.";

in paragraph 8:

Add subparagraph 2-1) to the third part as follows:

"2-1) the cost of the service to maintain the availability of power to electric networks for all contracts concluded by a single buyer;";

The first paragraph of the fourth part should be worded as follows:

"The financial result is formed based on the gross result from the activities of a single buyer for the purchase of services to maintain the availability of electric power, services to maintain the availability of power to electric networks and the provision of services to ensure the availability of electric power, calculated in accordance with the rules for calculating and posting on the Internet resource by a single buyer the price of a service to ensure the availability of electric power to load bearing, less including:";

Paragraphs 9 and 10 should be worded as follows:

"9. An agreement on the purchase of services to maintain the availability of electric power, an agreement on the purchase of services to maintain the availability of electric grid power, and an agreement on the provision of services to ensure the availability of electric power to carry the load are concluded on the basis of standard contracts developed and approved by the authorized body.

10. The legislation of the Republic of Kazakhstan on public procurement does not apply to legal relations related to the purchase of services for maintaining the availability of electric power, services for maintaining the availability of electric grid capacity by a single buyer.";

9) add articles 15-14 as follows:

"Article 15-14. Construction of electric networks within the framework of the electric power market mechanism

1. The construction of electric networks within the framework of the electric capacity market mechanism can be implemented:

1) at the initiative of a regional electric grid company in order to strengthen and develop regional-level electric networks;

2) at the initiative of the system operator in order to strengthen and develop the national electric grid;

3) at the initiative of the investor in order to strengthen and develop regional-level electric grids and (or) the national electric grid.

2. During the construction of electrical networks in accordance with subitems 1) and 2) of paragraph 1 of this Article:

1) the regional electric grid company and the system operator send investment programs for the construction of electric networks to the market council for conclusion.;

2) together with the investment program for the construction of electric networks, the following documents are also submitted to the market council::

information about the relevant event for the construction of electrical networks;

feasibility study of measures for the construction of electrical networks;

a positive conclusion of a comprehensive non-departmental expertise on the feasibility study of the construction of electric networks;

3) investment programs for the construction of electric networks are not subject to change during the period of consideration by the market council;

4) investment programs for the construction of electric networks are considered by the market council in accordance with this paragraph, in accordance with the procedure determined by the authorized body;

5) after receiving the conclusion of the market council, the authorized body decides on the conclusion or refusal to conclude an investment agreement for the construction of electric networks.;

6) the investment agreement for the construction of electrical networks must contain the following information:

the scope of services for maintaining the availability of electrical grid power;

the tariff for the service to maintain the availability of electric grid capacity as a variable over the years, taking into account the return on investment under the investment program for the construction of electric grids, including fees paid on related investment loans, taking into account the purchase period of the service to maintain the availability of electric grid capacity (in months) and the volume of services to maintain the availability of electric grid capacity;

7) after the conclusion of an investment agreement for the construction of electric networks, a single buyer enters into an agreement with this organization for the purchase of services to maintain the availability of electric grid capacity at the tariff, in the amount and for the time specified in the investment agreement.;

8) the purchase of services to maintain the availability of electrical grid capacity under the contracts specified in subparagraph 7) of part one of this paragraph shall be carried out from the second quarter of the year following the year of conclusion of the contract.

At the same time, the individual tariff for the service to maintain the availability of electric grid capacity, as well as the volume and duration of purchase of this service specified in the investment agreement, are not subject to upward adjustment.

In case of non-fulfillment of obligations under contracts for the purchase of services to maintain the availability of electric grid capacity, reducing coefficients are used in the electric capacity market in accordance with the procedure determined by the authorized body.

3. During the construction of electrical networks in accordance with subparagraph 3) of paragraph 1 of this article:

1) the procedure for sending an application by an investor to initiate an auction for the construction of electric networks and the procedure for its consideration shall be determined by the authorized body.

The investor's application must contain a preliminary feasibility study of the project, which includes the financial and economic model, the cost of the project, the amount of return on investment, the duration of the project, the maximum amount of the individual tariff for services to maintain the availability of electric grid capacity, the amount of services to maintain the availability of electric grid capacity.;

2) the conclusion on the need to implement a project for the construction of electric networks is made by the authorized body on the basis of documents of the State Planning System of the Republic of Kazakhstan, instructions and (or) acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, as well as taking into account the priority and urgency of the project for the construction of electric networks;

3) auctions for the construction of electric grids are organized and conducted by the auction organizer in order to select the winner for the implementation of projects for the construction of electric grids and determine their individual tariffs for services to maintain the availability of electric grid capacity.

The organization and holding of auctions for the construction of electric networks are carried out in accordance with the procedure determined by the authorized body.

The winner of the auction for the construction of electrical networks enters into an investment agreement for the construction of electrical networks with the authorized body in accordance with the procedure determined by the authorized body.

4) the winner of the auction for the construction of electric networks shall maintain the availability of power to electric networks during the entire term of the contract for the purchase of services to maintain the availability of power to electric networks;

5) compensation of the amount of capital expenditures and remuneration for the corresponding loans attracted for the implementation of the project, the rate of return on the invested capital of the winner of the auction for the construction of electric networks is provided by providing a single buyer with services to maintain the availability of power to electric networks;

6) electric networks, after commissioning by the winner of the auction for the construction of electric networks, are subject to transfer to trust management in accordance with the procedure determined by the authorized body.:

to the system operator in case of connection of the specified electric networks to the national electric network;

to the relevant regional electric grid companies in case of absence of connection to the national electric grid;

7) in order to transfer electric networks to trust management, the winner of the auction for the construction of electric networks must obtain a positive opinion from the system operator and (or) the relevant regional electric grid company, which conduct an inspection of electric networks for their technical condition.

If an unsatisfactory condition of the electrical networks is identified and a corresponding negative opinion is received from the system operator and (or) the relevant regional electric grid company, the winner of the auction for the construction of electrical networks must eliminate the identified comments and take measures to bring the electrical networks into proper condition, provided for by the conclusion of the system operator and (or) the relevant regional electric grid company.

The inspection of electrical networks by the system operator and (or) the relevant regional electric grid company for their technical condition, and the execution by the winner of auctions for the construction of electrical networks of measures to bring electrical networks into proper condition are carried out in accordance with the procedure established by the authorized body.;

8) the winner of the auction for the construction of electrical networks must:

to ensure the transfer of electric networks to trust management in proper technical and economic condition in accordance with the requirements stipulated in the investment agreement with the authorized body;

provide the authorized body, the control body, the system operator and (or) the relevant regional electric grid company and the single buyer with unhindered access to the electric grid, as well as documentation related to the implementation of activities under the project.;

comply with other requirements and conditions established in accordance with the laws of the Republic of Kazakhstan, the investment agreement for the construction of electric networks and the contract for the purchase of services to maintain the availability of electric grid capacity.;

9) the authorized body, the control body together with the system operator, the regional electric grid company and (or) the single buyer has the right:

to carry out inspections of the financial and economic activities of the winner of the auction for the construction of electric networks, including by involving an audit organization;

to check the technical condition of electrical networks, including as part of a comprehensive testing of electrical networks;

have unhindered access to electrical networks, as well as to documentation related to the implementation of project activities;

to demand the elimination of violations committed in the framework of monitoring compliance with the legislation of the Republic of Kazakhstan and the terms of the contract for the purchase of services to maintain the availability of electric grid capacity;

to exercise other rights in accordance with the laws of the Republic of Kazakhstan, the investment agreement for the construction of electric networks and the contract for the purchase of services to maintain the availability of electric grid capacity.";

10) add paragraph 5 to article 17 as follows:

"5. In the absence of payment or incomplete payment by the subject of the wholesale market of electric energy and capacity for electric energy and (or) services provided within the time limits established by the relevant agreements and for the period determined by the authorized body, the transmission (supply) of electric energy is partially or completely terminated (limited) on the basis of a letter from the system operator, a single buyer, a single the buyer of electric energy, the settlement center of the balancing market. The procedure and conditions of the application, the terms of the introduction of technical restrictions are determined in accordance with the procedure established by the authorized body.";

11) in the first part of paragraph 5 of Article 19-1:

in subparagraph 1):

The first paragraph should be worded as follows:

"1) all energy-producing organizations, with the exception of those located on the territory of an isolated administrative-territorial unit, are required to sell electric energy only to a single buyer of electric energy and consumers who are part of the same group of persons with them, or to the administrator of a hybrid group who is part of the same hybrid group with them, and to conclude appropriate purchase and sale agreements with them.sales of electric energy.";

add the following fifth paragraph:

"energy-producing organizations, including those using renewable energy sources located on the territory of an isolated administrative-territorial unit, have the right to sell (sell) electric energy to an energy supply organization operating within the administrative-territorial unit (region) on whose territory the isolated administrative-territorial unit is located;";

The first paragraph of subparagraph 3) should be worded as follows:

"3) subjects of the wholesale electric energy market, with the exception of subjects of the wholesale electric energy market in terms of their activities on the territory of an isolated administrative-territorial unit, are required to purchase electric energy only from a single buyer of electric energy and (or) from energy-producing organizations that are part of the same group of persons in the Register with them, and (or) the hybrid group administrator who is part of the hybrid group with them, and (or) from renewable energy sources and conclude appropriate contracts for the purchase and sale of electric energy with them.".

5. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":

1) in article 30:

In paragraph 2, the words "the sphere of atomic energy use," should be deleted;

add paragraph 4 as follows:

"4. A license and (or) an appendix to a license in the field of the use of atomic energy or a reasoned refusal to issue them shall be issued no later than thirty working days, with the exception of a license and (or) an appendix to a license to perform work related to the stages of the life cycle of facilities for the use of atomic energy, or a reasoned refusal to issue them, where a license is issued after receiving the result of an expert assessment of the safety of an atomic energy facility.";

2) lines 17 and 18 of Appendix 1 should be worded as follows:

Download

17.

A license to perform work related to the stages of the life cycle of nuclear energy facilities

1. Location of nuclear installations and radioactive waste storage facilities.

Inalienable; the validity period of the license is 10 years; the effect of the first part of paragraph 3 of Article 25, paragraphs 1 and 2 of Article 26 of this Law does not apply when issuing a license; class 1

2. Construction of nuclear installations and radioactive waste storage facilities.

3. Operation of nuclear installations and radioactive waste storage facilities.

4. Decommissioning of nuclear installations and radioactive waste storage facilities.

5. Management of works and projects during the placement, construction, and decommissioning of nuclear installations.

18.

License for radioactive waste management activities

1. Collection and sorting of radioactive waste.

Inalienable; the validity period of the license is 5 years; the effect of the first part of paragraph 3 of Article 25, paragraphs 1 and 2 of Article 26 of this Law does not apply when issuing a license.;

Class 1

2. Decontamination (cleaning of radioactive contamination) of premises, equipment and materials.

3. Processing of radioactive waste.

4. Conditioning of radioactive waste.

5. Storage of radioactive waste.

6. Disposal of radioactive waste.

7. Radiation rehabilitation, reclamation of territories and facilities.

6. To the Law of the Republic of Kazakhstan dated January 12, 2016 "On the Use of Atomic Energy":

1) in article 1:

"subparagraph 1") after the words "electrophysical installations," add the words "radioactive waste,";

add subparagraph 1-2) as follows:

"1-2) nuclear power plant (hereinafter referred to as NPP) – a complex of basic and auxiliary equipment designed to produce electric and (or) thermal energy in specified modes and conditions of use using nuclear and power plants;";

subparagraph 3) should be worded as follows:

"3) facilities for the use of atomic energy – sources of ionizing radiation, radioactive waste and spent nuclear fuel, nuclear, radiation, electrophysical installations, radioactive waste management facilities, storage and burial sites, transport packaging sets and nuclear materials;";

Add sub-paragraphs 6-1) and 6-2) to read as follows:

"6-1) organization of scientific and technical support in the field of the use of atomic energy - an organization engaged in scientific and technical support in the field of the use of atomic energy, including conducting independent expertise and safety assessment of facilities for the use of atomic energy at all stages of their life cycle, as well as other functions provided for by the legislation of the Republic of Kazakhstan;

6-2) the state body for control and supervision in the field of the use of atomic energy (hereinafter referred to as the body for control and supervision) is an agency of the authorized body that carries out state control and supervision in the field of the use of atomic energy within its competence;";

Replace "executive" with "state" in subparagraph 8);

Add sub-paragraphs 8-1) and 11-1) to read as follows:

"8-1) national operator of nuclear power plants – a legal entity with one hundred percent state participation in the authorized capital, determined by the authorized body, carrying out the design, construction, operation and decommissioning of nuclear power plants in the Republic of Kazakhstan;";

"11-1) transport packaging set – a set of elements necessary for the complete placement and retention of radioactive contents during transportation;";

subparagraph 25) should be worded as follows:

"25) radioactive waste – materials and substances, products and equipment, as well as rocks, ores and waste extracted from the subsurface and stored in dumps and tailings dumps containing radionuclides above the withdrawal level established by the legislation of the Republic of Kazakhstan, the further use of which is not provided for;";

add subparagraph 28-1) to read as follows:

"28-1) permanent state control and supervision regime – a regime providing for the control and supervision by authorized officials of the control and supervision body by permanently locating and carrying out safety monitoring measures directly at installations of the 1st category of radiation hazard at all stages of the life cycle of an atomic energy facility;";

Sub-paragraph 29) should be deleted;

Sub-paragraphs 34-1) and 34-2) should be worded as follows:

"34-1) nuclear heritage sites are historically formed facilities, structures, and areas of territories containing radioactive waste and (or) radioactively contaminated materials resulting from activities in the field of atomic energy use, including conducting nuclear explosions for peaceful purposes, as well as activities for the extraction and processing of uranium that were carried out and discontinued at such facilities before January 1. since 1992, and requiring radiation safety and rehabilitation;

34-2) nuclear damage – damage, including harm to human life or health, the environment, as well as losses to individuals and legal entities caused as a result of exposure to ionizing radiation as a result of handling a nuclear installation or nuclear material coming from, produced in, or directed at a nuclear installation, as well as costs of preventive measures;";

add subparagraph 34-3) to read as follows:

34-3) nuclear incident – an incident or a series of incidents that cause nuclear damage or create a danger of causing nuclear damage;";

2) in article 4:

The title should be worded as follows:

"Article 4. Purpose, objectives and principles of state regulation in the field of atomic energy use";

Paragraph 1 should be supplemented with the first part as follows:

"The purpose of state regulation in the field of the use of atomic energy is to ensure nuclear, radiation, and nuclear physical safety in the use of atomic energy, as well as compliance with the basic international principles of the use of atomic energy.";

3) add subparagraph 8-3) to Article 5 as follows:

"8-3) defines a special procedure and special conditions for granting a budget loan to the National Operator of the NPP in the form of a budget credit line for financing NPP projects implemented under international treaties ratified by the Republic of Kazakhstan;";

4) Articles 6, 7, 7-2 and 7-3 should be worded as follows:

"Article 6. Competence of the authorized body

Authorized body:

1) performs strategic, regulatory, implementation, and supervisory functions;

2) on the basis of and in pursuance of the main directions of the domestic and foreign policy of the state, defined by the President of the Republic of Kazakhstan, and the main directions of the socio-economic policy of the state, its defense capability, security, and public order, developed by the Government of the Republic of Kazakhstan, formulates a state policy in the field of the use of atomic energy in accordance with the legislation of the Republic of Kazakhstan;

3) determines the National Operator of the NPP;

4) carries out international cooperation in the field of peaceful uses of atomic energy;

5) carries out state control and supervision in the field of the use of atomic energy;

6) develops and approves the rules for conducting investigations in the field of the use of atomic energy;

7) carries out licensing of activities in the field of atomic energy use;

8) develops and approves regulatory legal acts, technical regulations and regulatory and technical documents in the field of atomic energy use in accordance with the purpose and objectives of this Law and the legislation of the Republic of Kazakhstan;

9) develops and approves rules for the physical protection of nuclear materials and nuclear installations;

10) develops and approves rules for the physical protection of ionizing radiation sources and storage facilities;

11) develops and approves rules for decommissioning nuclear and radiation installations;

12) develops the procedure for organizing inspections of the International Atomic Energy Agency in the territory of the Republic of Kazakhstan;

13) develops and approves rules for the accreditation of organizations carrying out nuclear safety and (or) radiation safety and (or) nuclear physical safety expertise;

14) develops and approves rules for state accounting of nuclear materials;

15) develops and approves the rules for state registration of ionizing radiation sources;

16) develops and approves safety rules for handling radionuclide sources;

17) develops a national response plan for nuclear and radiation accidents;

18) develops and approves rules for the transportation of nuclear materials, radioactive substances and radioactive waste;

19) develops rules for choosing the location of nuclear installations and burial sites;

20) develops and approves rules for conducting nuclear safety and (or) radiation safety and (or) nuclear physical safety expertise;

21) develops and approves the rules for advanced training of personnel employed at nuclear energy facilities;

22) develops and approves the rules for the certification of personnel employed at nuclear energy facilities;

23) submits to the Government of the Republic of Kazakhstan a submission on the early decommissioning of nuclear installations or the closure of spent nuclear fuel disposal sites in the event of a threat to the safety of the public and (or) the environment.;

24) decides on the state registration or de-registration of nuclear materials and ionizing radiation sources;

25) maintains state records of nuclear materials;

26) maintains state records of ionizing radiation sources;

27) carries out control of specific goods in the field of atomic energy use;

28) develops and approves rules for the definition of scientific and technical support organizations in the field of atomic energy use;

29) approves the designs of transport packaging sets, and also extends the validity of certificates-permits for them, approved by authorized bodies of other countries, on the territory of the Republic of Kazakhstan.;

30) organizes research on nuclear, radiation, and nuclear physical safety, ensuring the nuclear nonproliferation regime, and monitoring nuclear tests;

31) establishes withdrawal levels for nuclear materials, radioactive substances and electrophysical installations, and radioactive waste subject to state regulation in the field of the use of atomic energy;

32) approves the rules for conducting permanent state control and supervision in the field of the use of atomic energy;

33) exercise other powers provided for by this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 7. State control and supervision in the field of atomic energy use

1. State control and supervision in the field of the use of atomic energy (hereinafter referred to as state control and supervision) shall be carried out by the control and supervision body in the form of verification, remote control, permanent state control and supervision, investigation in accordance with this Law and licensing control for the applicant's compliance with qualification or licensing requirements prior to the issuance of a permit and (or) appendices to the permit in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications" (hereinafter referred to as permit control).

2. Subjects of state control and supervision (hereinafter referred to as subjects of control and supervision) are individuals and legal entities, their branches and representative offices, state bodies engaged in activities in the field of atomic energy use and (or) radioactive waste management.

The object of state control and supervision (hereinafter referred to as the object of control and supervision) is property owned or otherwise legally owned by the subject of control and supervision, subject to state control and supervision.

3. State control and supervision shall be carried out by the body for control and supervision of compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management.";

"Article 7-2. Inspections in the field of atomic energy use

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 based 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.

Article 7-3. Regime of permanent state control and supervision

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 comply with 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 an operational order (paragraph of an 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 on the acceptance or refusal to accept the objection with a reasoned justification.";

5) add articles to Chapter 2 7-4, 7-5, 7-6, 7-7, 7-8, 7-9 and 7-10 as follows:

"Article 7-4. Remote control

1. Remote monitoring is carried out by the control and supervision body on an ongoing basis by analyzing the activities of the 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;

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.

Article 7-5. Investigation into 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 shall be 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.

Article 7-6. Operational response measures in the field of atomic energy use and the procedure for their application

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;

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. If the identified violations of the requirements that are the basis for the application of rapid response measures are not eliminated, measures are taken based on the results of an unscheduled inspection 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. An appeal against an act on the results of an investigation does not suspend the execution of the act.

Article 7-6. Operational response measures in the field of atomic energy use and the procedure for their application

3. Rapid response measures include the following types::

1) suspension of the activities of subjects (objects) of control and supervision;

4) temporary suspension of persons from work.

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;

7. Refusal to receive an act of supervision is not a reason for its non-fulfillment.

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.

Article 7-7. The procedure for carrying out inspections

1. Officials of the control and supervision body who have arrived for inspection are required to present to the subject (object) of control and supervision:

1) an act on the appointment of an inspection;

2) official identification card or identification card.

2. The act on the appointment of the inspection shall specify:

1) the date of the act and the number;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the persons authorized to carry out the inspection;

4) information about specialists, consultants and experts, as well as officials of subordinate organizations involved in the audit (if necessary);

5) the name of the subject (object) of control and supervision, its location, identification number, list of objects;

6) type of verification;

7) the subject of verification;

8) the deadline for the audit;

9) the grounds for conducting the audit;

10) the period under review;

11) the rights and obligations of the subject (object) of control and supervision;

12) signature of the official authorized to sign the act;

13) the signature of the head of the subject (object) of control and supervision or his authorized person on receipt or refusal to receive the act.

3. The date of handing over to the subject (object) of control and supervision or its authorized person of the act on the appointment of an inspection is considered to be the beginning of the inspection.

An inspection appointment certificate 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;

The inspection appointment act is recorded in the inspection registration log of the control and supervision body that appointed the inspection.

4. In case of refusal to accept the act on the appointment of an inspection, 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.

Refusal to receive an inspection appointment certificate is not a reason for its non-fulfillment and cancellation of the inspection.

5. In cases of refusal to adopt an act on the appointment of an inspection, as well as obstruction of access by officials of the control and supervision body to the subject (object) of the inspection, materials, and equipment necessary for conducting the inspection, a protocol on an administrative offense is drawn up in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.

6. An inspection may be conducted only by the official(s) indicated (indicated) in the act on the appointment of the inspection.

At the same time, the composition of the officials conducting the audit may be changed by decision of the control and supervision body, which the subject (object) of control and supervision is notified of before the start of participation in the audit of persons not specified in the act on the appointment of the audit, indicating the reason for the replacement.

7. The terms of the inspection are set taking into account the scope of the work to be done, as well as the subject of the inspection, and should not exceed:

1) when conducting scheduled inspections for subjects (objects) of control and supervision classified as high risk – twenty working days, for subjects (objects) of control and supervision classified as medium and low risk – fifteen working days;

2) for unscheduled inspections – fifteen working days.

8. The term of the audit may be extended if it is necessary to conduct special studies, tests, examinations, as well as due to the significant amount of work only once by the head of the control and supervision body (or a person acting in his place) for no more than thirty working days.

The extension of the inspection period is formalized by an additional act on the extension of the inspection period with the delivery of a notification to the subject (object) of control and supervision before the end of the inspection period, which indicates the date and registration number of the previous act on the appointment of the inspection and the reason for the extension.

9. The audit may be suspended only once by the head of the control and supervision body (or by a person acting in his place).:

1) in the case of special studies, tests and examinations with a period exceeding thirty working days (until the conclusion is received);

2) if it is necessary to obtain information and documents from third parties for a period exceeding thirty working days (before they are received);

3) in case of force majeure circumstances preventing the inspection;

4) in case of failure to establish the location of the entity in respect of which the audit is being conducted.

The suspension of an inspection is formalized by an act on the suspension of an inspection with the delivery of a notification to the subject (object) of control and supervision before the end of the inspection period, which indicates the date and registration number of the previous act on the appointment of an inspection and the reason for the suspension.

After the termination of the grounds for suspending the inspection provided for in part one of this paragraph, the inspection is resumed from the date of its suspension.

The resumption of the inspection is formalized by an act on the resumption of the inspection with the delivery of a notification to the subject (object) of control and supervision before the end of the period of suspension of the inspection, which indicates the date of resumption of the inspection.

The act of suspending the inspection and the act of resuming the inspection, sent by one of the following methods, are 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;

10. Based on the results of the audit, an official (officials) of the control and supervision body draws up an act on the results of the audit and, if violations are detected, an order to eliminate the identified violations.

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 are detected, a protocol on an administrative offense is drawn up in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses, if there are grounds for initiating administrative proceedings.

11. The inspection results report states:

1) date and place of drawing up the act;

2) the name of the state body;

3) the date and number of the act on the appointment of an inspection (additional acts on the extension of the inspection period, suspension of the inspection, if any);

4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

5) the name of the subject (object) of control and supervision, its location, or the surname, first name, patronymic (if it is indicated in the identity document) of the subject of control and supervision, the position of a representative of an individual or legal entity who was present during the inspection;

6) the verification period;

7) type of verification;

8) information about the results of the audit, including the identified violations;

9) information on familiarization or refusal to familiarize with the act on the results of the inspection, as well as the persons present during the inspection, their signatures or a record of refusal to sign;

10) the signature of the official(s) who conducted the inspection.

In the absence 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, a corresponding entry is made in the act on the results of the inspection.

12. The regulation on the elimination of identified violations states:

1) the date and place of the prescription;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

4) the name of the subject (object) of control and supervision, its location, or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection is scheduled, the position of the representative of the individual or legal entity who was present during the inspection (if any);

5) date, place and period of the inspection;

6) a list of identified violations in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management;

7) instructions for the elimination of identified violations and the timing of their elimination;

8) information on familiarization or refusal to familiarize with the instruction of the subject (object) of control and supervision or its authorized person, their signatures or a record of refusal to sign;

9) the signature of the official(s) who conducted the inspection.

If any, the conclusions of the studies (tests), examinations and other documents or copies thereof related to the results of the inspection (inspection report of damaged equipment, registrograms, oscillograms, records of technical controls, monitoring and fixation devices, extracts from operational logs, explanatory notes, diagrams, drawings) are attached to the instruction on the elimination of identified violations., photo, audio, and video materials, questionnaires, and other materials).

13. The forms of an act on the appointment of an inspection, an act on the results of an inspection, an act on the extension of an inspection, an act on the suspension of an inspection, an act on the resumption of an inspection, and instructions on the elimination of detected violations are approved by the authorized body.

14. An act on the results of the inspection and an order to eliminate the identified violations are drawn up in three copies.

By the control and supervisory authority, the first copies of the act on the results of the audit, instructions on the elimination of identified violations are submitted in electronic form to the state body carrying out activities in the field of legal statistics and special accounting within three working days, the second copies of the act on the results of the audit, instructions on the elimination of detected violations on paper, signed or in electronic form, are handed over to the subject (object) of control and supervision or its authorized person for familiarization and taking measures to eliminate the detected violations and other actions, the third copies remain with the control and supervision body.

An act on the results of the inspection, an order to eliminate the identified violations, sent in one of the following ways, are considered to have been duly served in the following cases::

1) on purpose – from the date of the mark in the act on the results of the inspection, the order to eliminate the identified violations, and the receipt of;

2) by mail – by registered mail with notification;

15. The end of the inspection period is considered to be the day when the inspection results report is handed over to the subject (object) of control and supervision no later than the deadline for completing the inspection specified in the inspection appointment act (additional act on extending the inspection period, if any).

16. If there are comments and (or) objections based on the results of the audit, the subject (object) of control and supervision or his authorized person, no later than five working days from the date of delivery of the act on the results of the audit, sets them out in writing, which are sent to the control and supervision body.

Comments and (or) objections are attached to the act on the results of the audit, which is marked accordingly.

17. The deadlines for the execution of an order to eliminate identified violations are determined taking into account the circumstances affecting the actual possibility of its execution, and amount to at least five working days with the attachment of an action plan to eliminate the identified violations.

When determining the time limits for the execution of an order to eliminate identified violations, the following factors are taken into account::

1) the subject (object) of control and supervision has organizational, technical and financial capabilities to eliminate violations;

2) features of the technical condition of the production facilities used;

3) the time limits for obtaining the appropriate permission from state bodies and local executive bodies or submitting a notification provided for in appendices 1, 2 and 3 to the Law of the Republic of Kazakhstan "On Permits and Notifications", as well as other mandatory opinions, approvals and other documents established by the laws of the Republic of Kazakhstan.

18. If additional time and (or) financial costs are required, the subject of control and supervision may, no later than five working days from the date of delivery of the order to eliminate the identified violations, apply to the control and supervisory authority that conducted the audit with an application for an extension of the time frame for eliminating the identified violations, accompanied by an action plan to eliminate the identified violations, which states specific deadlines for their elimination.

In the application for an extension of the time limits for the elimination of identified violations, the subject of control and supervision is obliged to set out the measures that will be taken to eliminate the identified violations, and the objective reasons for extending the time limits for their elimination.

The control and supervisory body that conducted the audit, within ten working days from the date of receipt of the application for an extension of the time limits for the elimination of the identified violations, taking into account the arguments outlined, decides to extend the time limits for the elimination of the identified violations and approve an action plan to eliminate the identified violations, indicating the specific time limits for their elimination, or to refuse to extend them with a reasoned justification.

On a monthly basis, the subject of control and supervision, by the 10th day of the month following the reporting one, provides the body of control and supervision with information on the implementation of the action plan to eliminate the identified violations for which the deadline has come.

The subject (object) of control and supervision shall attach materials proving the fact of elimination of violations to the information provided on the elimination of identified violations.

The form of the action plan for the elimination of identified violations is approved by the authorized body.

19. Upon expiration of the period for the elimination of identified violations specified in the regulation on the elimination of identified violations, the action plan for the elimination of identified violations, the subject (object) of control and supervision, within the period specified in the regulation on the elimination of identified violations and the action plan for the elimination of identified violations, is obliged to provide the control and supervision body that conducted the inspection with information on the elimination of identified violations.

20. In case of failure or incomplete provision by the subject (object) of control and supervision within the prescribed period of information on the execution of the instruction on the elimination of identified violations, the action plan for the elimination of identified violations, the control and supervision body within two working days sends to the subject (object) of control and supervision a request for the need to provide information on the execution of the instruction on the elimination of identified violations and an action plan to eliminate the identified violations.

In case of failure or incomplete provision of information on the execution of the instruction on the elimination of identified violations, the action plan for the elimination of identified violations, the control and supervision body appoints an unscheduled inspection to monitor the execution of the instruction.

21. In case of early elimination of the identified violations specified in the regulation on the elimination of the identified violations and the action plan for the elimination of the identified violations, the subject (object) of control and supervision is obliged to provide the control and supervision body that conducted the inspection with information on the elimination of the identified violations, accompanied by materials proving the elimination of violations.

22. The results of inspections may be appealed by the subject of control and supervision in accordance with the procedure established by the laws of the Republic of Kazakhstan.

Consideration by a higher state body (official) of the application of the subject (object) of control and supervision on the cancellation of the act on the results of the audit, the order to eliminate the identified violations is carried out within ten working days from the date of submission of the application.

The recognition of the audit results as invalid by a higher state body is the basis for their cancellation in part or in full.

An act on the results of an inspection, an order to eliminate identified violations that have been declared invalid in full, cannot be evidence of a violation by subjects (objects) of control and supervision of the established requirements.

23. Inspections can be carried out after hours (at night, weekends or holidays) if it is necessary to prevent violations immediately at the time of their commission and take urgent actions to consolidate evidence in cases where the need for verification requires the immediate elimination of violations that endanger the life and health of employees and the public.

The decision to conduct an after-hours inspection is made by order of the first head of the control and supervision body or a person replacing him.

The form of the order for conducting an after-hours inspection is approved by the authorized body.

24. If, as a result of the audit, it is revealed that the subject (object) of control and supervision has violated the requirements established by the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management, if there is sufficient data indicating signs of an administrative offense, officials of the control and supervision body, within the limits of their authority, take measures to bring the persons who committed violations to responsibility, established by the laws of the Republic of Kazakhstan.

Article 7-8. Rights and duties of officials of the control and supervision body

1. Officials of the control and supervision body, when conducting state control and supervision, have the right:

1) to obtain unhindered access to the territory and premises of the subject (object) of control and supervision;

2) 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;

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

4) 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;

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

6) involve specialists, consultants and experts, as well as officials of subordinate and other organizations;

7) apply to the court and participate in the court's consideration of cases on violations 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, including violations identified as a result of state control and supervision.

2. Officials of the control and supervision body are prohibited from making demands and making requests that are not related to the subject of state control and supervision, except in cases of detection of 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, which entail a decrease in the level of nuclear, radiation and nuclear physical security.

3. Officials of the control and supervision body, when conducting state control and supervision, must:

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 state control and supervision on the basis and in strict accordance with the procedure established by this Law;

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;

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 the conclusion on the results of remote control, the act on the results of inspection, the instruction on elimination of the revealed violations;

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

Article 7-9. The rights and obligations of the subject (object) of control and supervision or its authorized person in the implementation of state control and supervision

1. Subjects (objects) of control and supervision or their authorized persons, when exercising state control and supervision, have the right:

1) to prevent the inspection of officials of the control and supervision body who arrived to conduct the inspection, in the following cases::

failure to comply with the frequency of verification;

exceeding or expiration of the terms of the inspection specified in the act on the appointment of the inspection (additional acts on the extension, suspension, if any);

the appointment of an inspection for a period exceeding the time period specified in the application or notification of committed or impending criminal offenses, other complaints about violations of the rights and legitimate interests of individuals and legal entities, the state;

instructions for conducting an inspection and/or investigation to officials who do not have the appropriate authority to do so;

instructions in one act on the appointment of an inspection of several subjects (objects) of control and supervision;

extending the verification period beyond the period established by this Law;

gross violations of the requirements established by this Law;

non-disclosure by officials of the control and supervision body of the documents specified in paragraph 1 of Article 7-7 of this Law;

2) not to submit documents and information if they do not relate to the subject of the inspection, as well as to the period specified in the act on the appointment of the inspection, 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) the field of radioactive waste management, which entail a decrease in the level of nuclear, radiation and nuclear physical security;

3) appeal the act on the appointment of an inspection, the act on the results of the inspection, the order to eliminate the identified violations, as well as the 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 of the control and supervision body or officials that are not based on the law, restricting the activities of subjects (objects) of control and supervision;

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

6) involve third parties to participate in state control and supervision in order to represent their interests and rights, as well as to carry out actions by third parties provided for in subparagraph 5) of this paragraph.

2. Subjects (objects) of control and supervision or their authorized persons, when conducting state control and supervision, must:

1) to ensure unhindered access of officials of the control and supervision body to the territory and premises of the subject (object) of control and supervision;

2) to provide officials of the control and supervision body with the necessary conditions for the exercise of their powers, including the provision of office space (workplace), communication facilities 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 officials of the control and supervision body with copies of documents (information) on paper and electronic media, as well as provide access to automated databases (digital systems) in accordance with the subject of state control and supervision;

4) make a note of receipt on the second copy of the inspection appointment act;

5) make a note of receipt on the second copy of the act on the results of the audit on the day of the end of state control and supervision;

6) make a note of receipt on the second copy of the instruction on elimination of the revealed violations;

7) to prevent amendments and additions to the documents being checked during the period of state control and supervision, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

8) to ensure the safety of persons who have arrived to carry out state control and supervision at the object of control and supervision from harmful and dangerous industrial factors in accordance with the standards established for this object.;

9) ensure the presence of the head of the subject (object) of control and supervision or his authorized person at the location of the object of control and supervision at the appointed time of inspection in case of receipt of the act on her appointment.

Article 7-10. Invalidity of inspections conducted in gross violation of the requirements of this Law

1. Inspections are considered invalid if they are conducted by the control and supervision body in gross violation of the requirements for the organization and conduct of inspections established by this Law.

2. Gross violations of the requirements of this Law include:

1) lack of grounds for conducting an audit;

2) the absence of an act on the appointment of an inspection;

3) non-compliance with the verification deadlines;

4) violation of the frequency of the inspection;

5) failure to submit to the subject (object) of control and supervision an act on the appointment of an inspection;

6) appointment by the control and supervisory body of an audit on issues outside its competence.";

6) add paragraph 8 to Article 12 as follows:

"8. The design, construction, operation and decommissioning of nuclear power plants are carried out only by the National Operator of nuclear Power plants and legal entities, more than fifty percent of the voting shares (shares in the authorized capital) of which are directly or indirectly owned by the National Operator of nuclear Power Plants.";

7) add articles 12-1 and 12-2 as follows:

"Article 12-1. National operator of nuclear power plants

1. National operator of nuclear power plants:

1) implements NPP projects;

2) ensures nuclear, radiation and nuclear physical safety at nuclear power plant facilities;

3) organizes and ensures the procurement of goods, works and services for the implementation of projects in the field of peaceful uses of atomic energy in accordance with the rules for the purchase of goods, works and services by the National Operator of nuclear power plants and legal entities, more than fifty percent of the voting shares (shares in the authorized capital) of which directly or indirectly belong to the National Operator of nuclear power plants;

4) participates in the organization of training, retraining and maintaining the qualifications of NPP personnel;

5) participates in the formation of the register of suppliers of goods, works and services for the implementation of NPP projects;

6) acts as a customer in the framework of the implementation of NPP projects;

7) performs other functions in accordance with the legislation of the Republic of Kazakhstan.

Article 12-2. Features of budget lending to the National NPP Operator

1. Budget lending to the National Operator of the NPP in the form of a budget credit line is carried out on the principles of payment, urgency and repayment in accordance with the budget legislation of the Republic of Kazakhstan, taking into account the following features:

1) budget lending in the form of a budget credit line for financing NPP projects, carried out on the basis of international treaties ratified by the Republic of Kazakhstan, is a process that includes a decision-making procedure on the provision, use, maintenance and repayment of a budget loan;

2) the budget credit line is a tranche allocation of funds (in parts) during the implementation period of the NPP projects;

3) the budget credit line is provided in the following forms:

monetary – is allocated from the funds of the republican budget with the transfer of funds to the cash control account of the National Operator of the NPP;

letter of credit – with the fulfillment of payment obligations within the framework of the use of credit funds, the source of which is export credit funds, on behalf of the National Operator of the NPP, agreed by the authorized body, the state Treasury due to the increase in debt on the budget credit line;

mixed – part of the borrowed funds is transferred to the cash control account of the National Operator of the NPP, and the rest is executed by the state Treasury through the execution of a letter of credit due to an increase in debt on the budget credit line.;

4) the budget credit line is provided taking into account the specifics established by this article, allowing for the non-application of the following separate requirements of the budget legislation of the Republic of Kazakhstan:

availability of collateral for the fulfillment of the borrower's obligations under the budget credit line;

determining the appropriateness of budget lending;

confirmation of the borrower's creditworthiness under the budget credit line;

development of an investment proposal, feasibility study and financial and economic justification;

5) the inclusion of the project in the portfolio of state investment projects is carried out on the basis of international treaties ratified by the Republic of Kazakhstan.";

8) in article 17:

Paragraph 6 "" add the words "radioactive waste management," after the words "atomic energy,";

Paragraph 7 should be worded as follows:

"7. When handling radioactive waste and spent nuclear fuel, the requirements established by the legislation of the Republic of Kazakhstan must be observed.";

9) add paragraph 3 to Article 18 as follows:

"3. The specifics of radioactive waste management and rehabilitation of nuclear heritage facilities located in the territories specified in this article are determined by the legislation of the Republic of Kazakhstan in the field of radioactive waste management and the legislation of the Republic of Kazakhstan on the Semipalatinsk Nuclear Safety Zone.";

10) subparagraph 2) of the first part of paragraph 5 of Article 21 shall be worded as follows:

"2) violations of the requirements of nuclear and (or) radiation and (or) nuclear physical safety, accounting of nuclear materials, sources of ionizing radiation identified as a result of inspections, investigation and remote control of the control and supervision body – in respect of persons who committed the violation;";

11) subparagraph 3) of paragraph 7 of Article 22 should be worded as follows:

"3) preparation of a package of documentation for transfer to the archive with a full description of the substances, materials, construction of the burial site, geotectonic, geological and geophysical characteristics of the site of the burial site.";

12) add article 25-1 as follows:

"Article 25-1. Scientific and technical support organizations in the field of atomic energy use

1. In order to provide scientific and technical support for the development of the nuclear industry and state regulation in the field of the use of atomic energy, as well as to increase the level of nuclear, radiation and nuclear physical safety, a system of scientific and technical support is being formed in the Republic of Kazakhstan.

2. The system of scientific and technical support is formed in the following areas:

scientific and technical support for the purposes of state regulation in the field of atomic energy use;

scientific and technical support for the development of the nuclear industry.

3. The organization of scientific and technical support in the field of atomic energy use (hereinafter referred to as the organization of scientific and technical support) is defined by:

for the development of the nuclear industry – by the authorized body;

for the purposes of state regulation in the field of the use of atomic energy – by the control and supervision body.

The procedure for determining scientific and technical support organizations is established by the authorized body.

4. Organization of scientific and technical support for the purposes of state regulation in the field of atomic energy use:

provides scientific and technical support for state control and supervision activities;

Analyzes and evaluates documents justifying the safety of nuclear energy facilities, including safety justification reports, design and operational documentation, calculation and analysis results, as well as other materials submitted as part of licensing procedures and control measures (hereinafter referred to as the assessment of safety documents);

is involved in the control activities of the control and supervision body as consultants and experts;

performs scientific and research work in the field of nuclear, radiation and nuclear physical safety;

cooperates with international organizations and scientific and technical support organizations;

participates in the development of regulatory legal and regulatory-technical framework regarding nuclear, radiation and nuclear physical safety in accordance with the legislation of the Republic of Kazakhstan;

carries out expertise of nuclear safety and (or) radiation safety, and (or) nuclear physical safety in relation to facilities using atomic energy;

performs other functions in accordance with the legislation of the Republic of Kazakhstan.

5. Control and supervision Body:

generates and issues assignments for evaluating security documents;

decides on the acceptance of the results of the assessment of safety documents or on the need to finalize it.

6. The assessment of security documents carried out as part of the licensing procedures is funded by the applicant's funds.

7. The organization of scientific and technical support for the purposes of state regulation in the field of atomic energy use is obliged to take measures to prevent, identify and resolve conflicts of interest, as well as notify the control and supervisory authority of the facts of their occurrence.

8. Organization of scientific and technical support for the development of the nuclear industry:

carries out expert and analytical support of the state policy;

participates in the support of projects in the field of atomic energy use, including the construction of nuclear power plants;

analyzes technologies, design solutions and prepares conclusions.;

provides scientific and technical support for projects, including interaction with international experts;

promotes the development of national competencies, localization of production and involvement of domestic organizations;

Issues recommendations on a reimbursable basis based on the results of consideration of applications from potential suppliers of goods, works and services for inclusion in the register of suppliers of goods, works and services for the implementation of NPP projects.;

participates in the development of the regulatory legal and regulatory-technical framework, with the exception of safety requirements established within the framework of state regulation, in accordance with the legislation of the Republic of Kazakhstan.;

performs other functions in accordance with the legislation of the Republic of Kazakhstan.

9. Financing of the activities of scientific and technical support organizations for the purposes of state regulation in the field of the use of atomic energy is carried out at the expense of:

funds received from the evaluation of security documents;

funds received for the performance of works and services in the field of atomic energy use;

performing scientific research work;

international programs and projects;

other sources not prohibited by the laws of the Republic of Kazakhstan.

10. The activities of scientific and technical support organizations for the development of the nuclear industry are financed by:

funds received for the performance of works and services in the field of the use of atomic energy and other related areas of scientific, technical and industrial activities;

funds received as part of the preparation of recommendations based on the results of consideration of applications from potential suppliers of goods, works and services for inclusion in the register of suppliers of goods, works and services for the implementation of NPP projects;

debt and targeted financing;

other sources not prohibited by the laws of the Republic of Kazakhstan.

11. In order to prevent conflicts of interest, it is not allowed to combine scientific and technical support functions within the same organization for the purposes of state regulation in the field of atomic energy use and the development of the nuclear industry.

12. The authorized body and the control and supervision body ensure the development and sustainable functioning of the scientific and technical support system, including the development of competencies and interaction with international organizations.".

7. To the Law of the Republic of Kazakhstan dated July 5, 2023 "On the Semipalatinsk Nuclear Safety Zone":

""In the first part of paragraph 5 of Article 9, the words "use of atomic energy" should be replaced by the words "radioactive waste management".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication.

President

Republic of Kazakhstan

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