Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated September 22, 2023 No. 830Footnote. The title as reworded by Decree No. 322 of the Government of the RK dated 14.05.2021 (shall be put into effect ten calendar days after the date of its first official publication).
Pursuant to sub-paragraph 5) of Article 5 of the Law of the Republic of Kazakhstan of January 12, 2016 “On the Use of Nuclear Energy”, the Government of the Republic of Kazakhstan HEREBY DECREES AS FOLLOWS:
1. That the attached Rules for Nuclear Safety and/or Radiation Safety and/or Nuclear Security Expertise shall be approved.
Footnote. Paragraph 1 as reworded by Decree of the Government of the RK No. 322 of 14.05.2021 (shall be put into effect ten calendar days after the date of its first official publication).2. That this Decree shall enter into force ten calendar days after the date of its first official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | K. Massimov |
| Approved by Decree of the Government of the Republic of Kazakhstan No. 284 of May 11, 2016 |
Rules for nuclear safety and/or radiation safety and/or nuclear security expertise
Footnote. Rules as reworded by Decree of the Government of the RK No. 322 of 14.05.2021 (shall be enacted ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for Nuclear Safety and (or) Radiation Safety, and (or) Nuclear Security Expertise (hereinafter referred to as the Rules) have been developed under sub-paragraph 5) of Article 5 of the Law of the Republic of Kazakhstan "On the Use of Nuclear Energy" (hereinafter referred to as the Law) and establish the procedure for nuclear safety and (or) radiation safety, and (or) nuclear security expertise (hereinafter referred to as the Expertise).
2. The expertise shall be financed by the operating organisation or other sources not prohibited by the legislation of the Republic of Kazakhstan.
Chapter 2: Procedures for nuclear safety and/or radiation safety and/or nuclear security expertise
3. The Expertise shall be undertaken by organizations (hereinafter referred to as accredited organization) accredited by the competent authority in the field of nuclear energy use (hereinafter referred to as the competent authority) to perform this type of activity as per the procedure prescribed by the legislation of the Republic of Kazakhstan in the field of nuclear energy use.
4. The following shall be subject to the Expertise:
1) project documentation for the selection of sites and installation of nuclear facilities, radiation facilities of radiation hazard categories 1 and 2;
2) project and operational documentation for nuclear installations, radiation facilities of radiation hazard categories 1 and 2;
3) project documentation for the technical modernisation of nuclear installations, radiation facilities of radiation hazard categories 1 and 2;
4) project and operational documentation for the decommissioning of nuclear installations, radiation facilities of radiation hazard categories 1 and 2.
5. The expertise shall be repeated when there are changes in the systems, equipment, design and operational documentation of nuclear and radiation installations relating to nuclear safety and/or radiation safety and/or nuclear security.
The operating organisation shall simultaneously notify in writing the competent authority and the expert organisation that has previously performed nuclear safety and/or radiation safety and/or nuclear security evaluations of the planned changes, presenting the design and operating documentation of the nuclear and radiation installation.
6. The operating organization operating nuclear facilities (hereinafter referred to as the applicant) shall apply for expert evaluation to the accredited organization.
7. The project and operational documentation shall be submitted in hard copy and electronically.
8. The heads of the accredited expert evaluation organisations shall:
1) decide on the composition of experts to conduct the expertise and, if necessary, engage domestic and foreign specialists, whereby the persons referred to in paragraph 3 of Article 24 of the Law shall not act as experts;
2) sign the conclusion of the expert evaluation.
9. The period of expertise shall not exceed three months from the date of receipt of the application by the accredited organisation.
10. Accredited organisations shall apply calculation methods related to ensuring nuclear safety and/or radiation safety and/or nuclear security when undertaking an expert review.
11. Following the results of the expertise, the accredited organisation shall issue an opinion containing information on the scope and the facility subject to expert evaluation, recommendations to ensure the safety of the planned or ongoing activities of the applicant, conclusions on the admissibility and possibility of making a decision on the implementation of the facility subject to expert evaluation.
12. Expert evaluation, an opinion on the admissibility and feasibility of the decision to implement the facility subject to expert evaluation shall be issued following the results of the nuclear safety and/or radiation safety and/or nuclear security.
13. In the case of a negative expert opinion, the applicant shall rectify the observations and resubmit the design and operational documentation for expert evaluation. The acredited organisation shall repeat the expert evaluation in the original composition (which previously performed the expert evaluation of the project documentation). The period of re-examination shall not exceed one month from the date of receipt of the application by the accredited organisation.
