Article 31 of the Federal law No. 170-FZ “On the Use of Atomic Energy” is amended

14.07.2016

The Federal law No. 356-FZ “On Introduction of Amendments into Article 31 of the Federal law “On the Use of Atomic Energy” (hereinafter in text to be referred to as – the Law) establishes a new type of specific territory within the areas, where a nuclear facility, a radiation source or a storage facility is located; it is a safety zone with a special legal regime (hereinafter in text to be referred to as – a safety zone).

Establishment of a safety zone is conditioned by increasing of the antiterrorist security of nuclear facilities; the list of such facilities is usually approved by the Government of the Russian Federation.

In addition to that, special legal regime of a safety zone implies a number of restrictions in respect to individuals and legal entities, namely:

  • restrictions on admission to the territory of a safety zone and (or) restrictions on stay of citizens;
  • restrictions on flights of air vehicles (including aircrafts) over the territory of a safety zone;
  • restrictions on the right to economic business and individual business management; restrictions on the right to ownership, use and management with natural resources and immovable property.

In correspondence with the Law, the size and boundaries of a safety zone are to be determined in accordance with ‘safety data sheet’ (a passport) of a nuclear facility.

The concept of a safety data sheet of a nuclear facility is provided, which is understood to be a document presenting the information about anti-terrorist security of a nuclear facility (of a territory) and the list of arrangements aimed at prevention, suppression of a terrorist act at a nuclear facility (within a territory) and at minimization and (or) elimination of consequences caused by terrorist act at a nuclear facility (within a territory).

In addition to that, the preparation procedure and format of a safety data sheet of a nuclear facility is to be established by the Government of the Russian Federation in accordance with the Federal Counter-terrorism Act.

The decision-making regarding the establishment of a safety zone, its size and boundaries is attributed to the responsibilities of the Government of the Russian Federation along with taking into consideration the requirements to the anti-terrorist security of nuclear facilities:

  • establishment of the procedure to determine the safety zone;
  • establishment of the procedure to ensure the special legal regime in respect to a safety zone.

Besides that, the Law provides for the liability for violation of the special legal regime in respect to a safety zone, as well as the operating organization responsibility for compensation of losses caused by establishment of a safety zone.


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