June 18, 2021

RUSSIA STRENGTHENS LEGAL BASIS FOR REGULATION OF SECURITY IN DEFENSE NUCLEAR COMPLEX

On June 11, 2021, President Putin approved amendments to multiple federal laws related to regulation in various domains, including the establishment of mandatory requirements and oversight of compliance with those requirements. Among other things, the amendments affected the regulation of defense nuclear activities.

The amendments explicitly defined the applicability of legislation regulating oversight in other domains to oversight of safety and security in the defense nuclear complex. The Federal Law N 294-FZ "On Protecting the Rights of Legal Entities and Individual Entrepreneurs in the Course of Exercising State Control (Supervision) and Municipal Control", which previously only regulated oversight over the civil nuclear industry, will now also regulate the defense nuclear industry. Previously, the applicability of Federal Law N 294-FZ or any other federal laws to oversight over defense nuclear complex was not explicitly mentioned.

In addition, an amendment to Federal Law N 317-FZ On Rosatom defined Rosatom's authority to develop Federal Norms and Rules for defense nuclear complex. This is a special type of regulation that establishes mandatory nuclear safety and security requirements. Procedures for the development of Federal Norms and Rules for defense nuclear complex are to be developed by the Government. Previously Russian legislation contained no explicit provisions regarding the establishment of mandatory safety and security requirements for defense nuclear complex, types of regulations that should establish such requirements, as well as procedures for the development of such regulations. Those provisions were only defined for the civil nuclear industry.

Amendments to Federal Law N 317-FZ On Rosatom also clarified that the Government must define oversight procedure to govern Rosatom in implementing oversight of compliance with mandatory safety and safety and security requirements (licensing requirements) in organizations that handle nuclear weapons at all stages of their life cycle, except for the sites of Ministry of Defense. Before, this requirement was implied, but not explicitly defined. The Government has already issued oversight procedures in 2017.

Sources:

1. Federal Law 170-FZ "On the introduction of amendments to the certain legal acts of the Russian Federation due to the adoption of the law "On State Control (Supervision) and Municipal Control in the Russian Federation"".
2. Federal Law 317-FZ "On Rosatom State Corporation for Atomic Energy".
3. RF Government Decree N 911 of 31 July 2017 "On Licensing Organizations for the Use of Nuclear Materials and Radioactive Substances While Conducting Nuclear Activities Associated with Defense, Including Design, Manufacturing, Testing, Transportation, Operation, Storage, Elimination and Disposal of Nuclear Weapons and Military Propulsion Nuclear Reactors, as well as on Oversight of These Activities".
4. Federal Law 294-FZ "Law on Protecting the Rights of Legal Entities and Individual Entrepreneurs during Government Monitoring (Oversight) and Municipal Monitoring"