On Radiation Security of Population

The Law of the Republic of Kazakhstan dated 23 April, 1998 No.219

      Footnote. Throughout the text the words “competent”, of competent”, “Competent”, “by the competent”, “by the competent” are respectively substituted by the words “authorized”, of authorized”, “Authorized”, “by the authorized”, “by the authorized” by the Law of the Republic of Kazakhstan dated 10.01.2011 No.383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      This Law regulates public relations in the field of ensuring of radiation security of population, for the purposes of health protection from damage effect of ionizing radiation.

Chapter 1. General provisions

Article 1. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      intervention level - avertable dose quantity, upon achievement of which in the cases of occurrence of situation of chronic or emergency exposure shall be accepted protective or post-accident measures;
      effective dose – the amount of absorbed energy of ionizing radiation, used as a risk level of occurrence of delayed radiation effect of human body and its organs considering their radiosensibility;
      control zone – the territory, on which the special rules on radiation control, admission and residence of people are effected;
      ionizing radiation – radiation, consisting of charged, uncharged particles and photons, which upon interaction with environment forms the ions of different signs;
      staff – individuals, permanently or temporarily work directly with sources of ionizing radiation;
      radiation accident – violation of normal operation limits of the object of atomic energy uses, upon that was the release of radioactive products and (or) ionizing radiation for the boundaries, provided by the project of normal operation, which may lead or led to exposure of people or radioactive pollution of environment above the established norms;
      radiation security – the state of properties and characteristics of object of atomic energy use, upon that radiation effect to the staff, population and environment is restricted in accordance with the established standards;
      radiation protection – a set of radiation-hygienic, project designing, technical and organizational measures, directed to ensure of radiation security;
      radiation monitoring - systematic observation for the state of radiation situation both on the objects of the use of sources of ionizing radiation, and in the environment;
      natural radiation background - radiation dose, created by cosmic radiation and radiation of radionuclides of natural origin, naturally distributed in the earth, water, air and other elements of the biosphere, food products and the human body;
      technologically modified radiation background - natural radiation background, modified in the result of human activity;
      technologically radiation background – the levels of indices, characterizing the radiation situation after deduction of levels of these same indices characterizing the natural radiation background of this area.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article); as amended by the Law of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. The legislation of the Republic of Kazakhstan in the
field of ensuring of radiation security

      The legislation of the Republic of Kazakhstan in the field of ensuring of radiation security shall be based on the Constitution of the Republic of Kazakhstan, consists of the Law of the Republic of Kazakhstan “On atomic energy use”, this Law, as well as other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Basic principles of ensuring of radiation security

      Basic principles of ensuring of radiation security are:
      normalization principle - non-exceedance of allowable limits of individual doses of radiation of citizens from all sources of ionizing radiation;
      principle of substantiation - prohibition of all activities on the use of ionizing radiation sources, in which the benefit, obtained for the individual and society does not exceed the risk of possible damage, caused by the additional exposure to the natural radiation background;
      optimization principle - maintain the individual doses and the number of exposed individuals using any source of ionizing radiation on the level as low as possible and achievable, considering account economic and social factors;
      the principle of emergency optimization – the form, scale and duration of adoption of measures in the emergency (accident) situations should be optimized so that the real benefit of reducing the harm to human health has been maximum more than the damage, related with the damage caused by the implementation of the intervention.

Article 4. Ensuring of radiation security

      Radiation security shall be ensured by:
      carrying out a complex of legal, organizational, engineering and technical, sanitary and hygienic, preventive, educational, general educational and informational nature;
      implementation of measures on observance of rules and regulations in the field of radiation security by the state bodies of the Republic of Kazakhstan, public associations, individuals and legal entities;
      implementation of radiation monitoring over the whole territory of the republic;
      implementation of programs of quality ensuring of radiation security at all levels of carrying out of practical activity with sources of ionizing radiation.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. The state management, supervision and control
in the field of ensuring of radiation security

Article 5. The state bodies in the field of ensuring
of radiation security

      1. The Government of the Republic of Kazakhstan shall determine the authorized state bodies, procedure of interaction and delimitation of functions between them on:
      health protection of population from effect of ionizing radiation;
      ensuring of radiation security and licensing the types of activity, related with the atomic energy use;
      prevention of radioactive contamination of objects of environment and control for the natural sources of ionizing radiation.
      1-1. Is excluded by the Law of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      1-2. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).
      2. Authorized state body in the field of atomic energy use is the executive body of the Republic of Kazakhstan, authorized state in the field of ensuring of radiation security, conduct the unified state policy, coordinate the work of other authorized state bodies, as well as:
      carry out licensing of types of activity on the atomic energy use;
      develop and coordinate the regulations and rules, concerning radiation security, physical protection and emergency planning, record and control of nuclear materials and sources of ionizing radiation;
      carry out control for observance of regulations and rules of radiation security, conditions of licensing;
      provide activity of national commission on radiation protection;
      carry out other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the republic of Kazakhstan dated 20 December, 2004 No.13 (shall be enforced from 1 January, 2005); dated 29 December, 2006 No. 209 (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Competence of the state bodies on ensuring
of radiation security

      The competence of the authorized state body in the field of atomic energy use shall include:
      1) implementation of state policy in the field of ensuring of radiation security;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No.124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3-1) determination of the list of diseases, related with effect of ionizing radiation, and procedure of establishment of casual relation;
      4) determination of types of activity in the field of handling with the sources of ionizing radiation, subject to the licensing;
      5) creation and ensuring of functioning of unified system of the state management in the field of ensuring of radiation security, as well as control and record of radiation doses of population;
      6) control of implementation of export, import, transfer, transit and placement of nuclear materials and other sources of ionizing radiation;
      7) implementation of international cooperation and execution of obligations on international treaties in the field of ensuring of radiation security;
      8) development and approval of technical regulations in the scope of radiation security;
      8-1) establishment of qualifying requirements to the staff, involved in the objects of atomic energy use;
      9) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      The competence of the authorized state body in the field of sanitary and epidemiological welfare of population shall include:
      1) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No.124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) regulation of conditions of life activity and special regimes of residence in the territories, exposed to the radioactive contamination in the result of radiation accidents;
      3) control of rendering assistance to the population, exposed to the radiation;
      4) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 6 is in the wording of the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. State norming on ensuring of radiation security

      1. State norming on ensuring of radiation security shall be carried out by establishement of standards of radiation security, sanitary rules, hygienic regulations, construction rules and regulations, labour protection rights, methodical, guidance and other documents on radiation security. These acts shall consider international standards on radiation security and shall not contradict to the provisions of this Law.
      2. Sanitary and epidemiological rules and regulations, technical regulations in the scope of radiation security shall be approved in the manner established by the legislation of the Republic of Kazakhstan.
      3. Administrative, instructional, methodological and other documents on issues of radiation security shall be approved and accepted by the authorized state body and operating organization within their competence on the basis of technical regulations in the scope of radiation security.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 8. Production control of ensuring of radiation security

      1. Organization, carrying out activity with the use of sources of ionizing radiation, conduct production control of ensuring of the quality of radiation security.
      2. Procedure of execution of production control in the field of ensuring of radiation security for each organization shall be determined concerning peculiarities and conditions of works, executed by it, coordinate with the authorized state body in the field of sanitary and epidemiological welfare of the population and approved by the authorizes state body in the field of atomic energy use.
      3. Civil servants of organizations, carrying out production control of ensuring of radiation security, upon detection of violations of requirements of radiation security, standards, rules and hygienic regulations, rules of radiation security, construction rules and regulations, labour protection rights, methodical, guidance and other documents in the field of ensuring of radiation security in the relevant organization shall have a right to take enforcement measures, provided by the Laws of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No 13 (shall be enforced dated 1 January 2005); dated 29 December 2006 No 209 (the order of enforcement, see Art. 2).

Chapter 3. General requirements to the ensuring
of radiation security

Article 9. Requirements to assessment of the state
of radiation security

      1. Upon planning and making decisions in the field of ensuring of radioactive security, analysis of the effectiveness of specified decisions shall be conducted an assessment of radiation security by the state bodies, local executive bodies of regions (city of republican significance, the capital), as well as organizations, carrying out activity with the use of sources of ionizing radiation, for the purposes of ensuring of established requirements of radiation security, rules and hygienic regulations in the field of radiation security.
      2. An assessment of radiation security shall be carried out by the authorized body in the field of sanitary and epidemiological welfare of the population, authorized body in the field of environmental protection and authorized body in the field of atomic energy use on the basis:
      1) characteristics of radioactive contamination of environment;
      2) analysis of provision of measures on radioactive security and performance of standards, rules and hygienic regulations in the field of radiation security;
      3) probability of radiation accidents and their scale;
      4) degree of readiness to the effective operation of radiation accidents and their consequences;
      5) analysis of radiation dose, received by the separate group of population from all sources of ionizing radiation;
      6) number of persons, exposed to radiation above the established limits of radiation doses.
      3. Results of assessment of radiation security shall be analyzed and approved by the authorized state body in the field of atomic energy use.
      Footnote. Article 9 – is in the wording of the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005). As amended from 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 10. Requirements for ensuring of radiation security
upon handling with sources of ionizing radiation

      Organizations carrying out activity with the use of sources of ionizing radiation shall be obliged to:
      observe requirements of this Law and other regulatory legal acts in the field of ensuring of radiation security;
      plan and carry out measures on ensuring of radiation security and preservation of sources of ionizing radiation;
      carry out works on substantiation of radiation security of new (revised) product, materials and substances, technological process and productions, being the sources of ionizing radiation;
      carry out systematic production control of radiation situation in the workplace, in the premises, in the territories of organizations, and controlled zones, as well as emissions and discharges of radioactive substances;
      conduct regular control and record of individual radiation doses of staff;
      make preparation and certification of civil servants and staff, specialists of services of production radiation control, other persons, permanently or temporarily carrying out work with sources of ionizing radiation;
      organize conducting of preliminary (at the commencement of employment t) and periodic medical examinations of staff;
      regularly inform the staff on levels of ionizing radiation in their workplaces and on the size of individual radiation doses, received by them;
      timely inform the state bodies, authorized to carry out the state management, supervision and control in the field of ensuring of radiation security, on emergency situations, on violations of process regulation, created a threat of radiation security;
      execute conclusions, regulation, orders of civil servants, state bodies, authorized for that, carrying out the state management, supervision and control in the field of ensuring of radiation security;
      ensure enforcement of the rights of citizens in the field of ensuring of radiation security.

Article 11. Ensuring of radiation security under the influence
of radionuclides of natural origin

      1. Radiation of population and staff conditioned by radon and other radionuclides of natural origin, in the residential and industrial premises shall not exceed the established standards.
      2. In order to protect population and staff from influence of radionuclides of natural origin shall be carried out:
      choice of land plots for construction of buildings and structures considering the level of release of radon from the soil and radiation background;
      planning and construction of buildings and structures considering prevention of entry of radon in the air of these premises;
      conducting of production control of construction materials, acceptance of buildings and structures into operation considering the level of radon in the air of premises and radiation background;
      operation of buildings and structures considering the level of radon and radiation background.
      3. Upon impossibility of performance of standards by recession of level of radon and radiation background in the buildings and structures shall be changed the nature of their use.
      4. Construction materials and products, not complying with the requirements on ensuring of radiation security shall be prohibited to use.
      5. Radiation doses of population from natural sources of radiation shall not exceed the standards, established for them by the authorized body in the field of health care service.
      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 12. Ensuring of radiation security upon production of
food products and upon consumption of drinking water

      Operating supplies, food products, drinking water, materials and products, contacting with them in the process of production, storage, transportation and sale shall comply with the requirements of standards of radiation security.

Article 13. Ensuring of radiation security of citizens upon
carrying out of medical procedures

      1. Upon carrying out of medical procedures with the use of radioactive isotopes or other sources of ionizing radiation shall be used the relevant means of protection of citizens (patients). Radiation dose of patients shall not exceed the level, established by the regulatory legal acts in the field of radiation security.
      2. Upon carrying out of medical procedures, complete information on the expected and (or) received radiation doses and the possible consequences of its impact shall be provided to the patient. The citizen (patient) shall have a right to refuse from such medical procedures, except for the prevention researchers, conducted for the purposes of identify diseases, dangerous in epidemiological terms.
      3. Medical organization, carrying out procedures with the use of sources of ionizing radiation shall bear responsibility, provided by the Laws of the Republic of Kazakhstan, for the possible negative impact on the health or life of the patient, if such casual relation is proved in a judicial procedure.
      4. Medical organization shall develop and approve the program of ensuring the quality of medical services in the authorized body on the atomic energy use for the purposes of radiation security upon carrying out of procedures for all medical procedures with the use of radioactive isotopes or other sources of ionizing radiation.
      5. Requirements to qualification of specialists, permitted to the works, procedure of their certification and recertification, training and retraining program shall be established in the qualifying requirements to the medical activity with the use of sources of ionizing radiation.
      6. Use of radioactive substances and other sources of ionizing radiation for diagnosis, prevention and treatment of diseases shall be permitted only in accordance with the methods (methods), approved by the authorized body in the field of health care service, containing requirements on ensuring of radiation security of patients.
      Footnote. Article 13 is in the wording of the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 14. Record and control of individual radiation doses

      Control and record of individual radiation doses, received by the citizens during the work with the sources of ionizing radiation, carrying out of medical radiology and nuclear medicine procedure and conditioned technogenic radiation background shall be carried out within the unified state system of control and record of individual radiation doses in the manner determined by the authorized state body in the field of sanitary and epidemiological welfare of the population.
      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. Ensuring of radiation security upon
radiation accident

Article 15. Activity of authorized state bodies upon
radiation accident

      Authorized state bodies upon radiation accident shall be governed by this Law and carry out their activity in accordance with the legislation of emergency situation in the Republic of Kazakhstan. Article 16. Ensuring of emergency preparedness
      Organizations, carrying out activity, related with the use of atomic energy shall be obliged to have:
      the list of potential radiation accidents with prediction of their consequences and prediction of radiation situation, agreed upon with the authorized state body;
      acceptance criterion of operative decisions upon occurrence of radiation accidents and intervention levels, agreed upon with the authorized state body;
      plan of measures on protection of staff and population from radiation accidents and their consequences, agreed upon with the local executive body of region (city of republican significance, the capital), authorized state bodies, carrying out the state management, supervision and control in the field of ensuring of radiation security;
      means for notification and ensuring relief of the consequences of radiation accident;
      medical means of prevention of radiation damages and means of rendering of medical assistance to suffered during radiation accident;
      accident rescue group, created from the number of staff.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 17. Obligations of organizations, carrying out activity
with the use of sources of ionizing radiation, on ensuring of
radiation security upon radiation accident

      In the case of radiation accident the organization, carrying out activity with the use of sources of ionizing radiation shall be obliged:
      immediately inform on radiation accident the authorized state body, carrying out the state management, supervision and control in the field of ensuring of radiation security, as well as local executive bodies of regions (city of republican significance, the capital) and population of territories, on which possible the special exposure;
      jointly with the state authorized bodies to ensure implementation of measures on protection of staff and population from radiation accident and their consequences;
      take measures on rendering of medical assistance to suffered upon radiation accident;
      take measures on localization of focus of radioactive contamination and prevent distribution of radioactive substances in the environment;
      carry out an analysis and prepare prediction of development of radiation accident and change of radiation situation upon radiation accident;
      take measures on normalization of radiation situation in the territory of organizations, carrying out activity with the use of sources of ionizing radiation, after liquidation of radiation accident;
      take measures on assessment of individual radiation doses of staff and population and transfer these data to the health authorities and other authorized state bodies.
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Article 18. Planned special exposure of citizens, engaged for
liquidation of consequences of radiation accident

      1. Planned special exposure of citizens, engaged for liquidation of consequences of radiation accident, rescue and urgent works, deactivation may be conditioned only by the need to rescue people and prevent their further exposure.
      2. Planned special exposure of citizens, engaged for liquidation of consequences of radiation accident shall be accepted once during the lifetime upon voluntary consent and preliminary informing on possible radiation doses and health risk.
      3. Types, amount of compensation and compensation of damage, caused by radiation effect to health of persons, engaged for execution of specified works shall be established by the legislation of the Republic of Kazakhstan.

Chapter 5. Rights and obligations of citizens, public
associations and organizations in the field of ensuring
of radiation security

Article 19. Right of citizens to radiation security

      Citizens of the Republic of Kazakhstan, foreigners and persons without citizenship residing in the territory of the Republic of Kazakhstan shall have a right to radiation security. This Right shall be provided by conducting of complex of measures on prevention of radiation effect on human organism of ionizing radiation above the established standards, as well as fulfilling requirements on ensuring of radiation security by the citizens and organizations, carrying out activity with the use of sources of ionizing radiation.

Article 20. Rights of citizens, public associations and
organizations to receive information

      Citizens, public associations and organizations shall have a right to receive information in the field of ensuring of radiation security through the authorized state bodies on atomic energy use and mass media in accordance with the legislation of the Republic of Kazakhstan on atomic energy use.

Article 21. Right of citizens to compensation of damage, caused
to their life and health, material damages upon exposure to
ionizing radiation or in the result of radiation accident

      1. Citizens shall have a right to compensation of damage, caused to their life and health, and compensation of material damages, conditioned by exposure of ionizing radiation above established limits or in the result of radiation accident, in accordance with the legislation of the Republic of Kazakhstan.
      2. (Is excluded)
      3. Suffered from radiation effect are:
      persons, received radiation dose higher than permitted, upon liquidation of radiation accident;
      persons, received effective radiation dose from sources of ionizing radiation, exceeding dose limit, established by the standards of radiation security for the staff and having the diseases, causally related with this exposure;
      children, suffering by separate types of diseases, determined by the list of diseases, related with influence of ionizing radiation, born from parents, if at least one of them come within the status of suffered from radiation effect.
      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 22. Obligations of citizens in the field of ensuring
of radiation security

      Citizens of the Republic of Kazakhstan, foreigners and persons without citizenship, residing in the territory of the Republic of Kazakhstan shall be obliged to observe the legislation, regulating the atomic energy use, comply with the requirements of regulations and rules on ensuring of radiation security.
      In the territory of organizations, carrying out activity with the use of sources of ionizing radiation to fulfill requirements of civil servants of these organizations.

Chapter 6. Responsibility for violation of requirements
of radiation security

Article 23. Responsibility for violation of requirements
of radiation security

      Individuals and legal entities, guilty in violation of requirements of ensuring of radiation security shall bear responsibility in accordance with the legislation of the Republic of Kazakhstan.

Chapter 7. International treaties

Article 24. International treaties in the field of ensuring
of radiation security

      If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in the legislation of the Republic of Kazakhstan in the field of ensuring of radiation security, the rules of the international treaty shall be applied.

      The President
      of the Republic of Kazakhstan