Information about amendments to the current legislation of the Russian Federation in the field of atomic energy use for the third quarter of 2020.

1. Federal Law of July 31, 2020 No. 248-FZ "About the State Control (Supervision) and Municipal Control in the Russian Federation"

hereinafter to be referred to as the Federal Law No.248-FZ.

In accordance with the Article 98 of the Federal Law No. 248-FZ, the legislative act comes into effect on July 1, 2021, except for its certain provisions, for which other dates were established.

The Federal Law No. 248-FZ designates the legal framework and regulation principles for relations in the process of organization and implementation of the state control (supervision), and municipal control, and also establishes indemnification for the rights of citizens and organizations as those under supervision. This legislative act envisages mandatory adoption of the provisions on each type of state control (supervision) and municipal control in the Russian Federation.

According to para. 17 Part 5 Article 2 of the Federal Law No. 248-FZ, the provisions of the mentioned document do not cover organization and implementation of the federal state supervision in the field of atomic energy use.

Up to January 1, 2025, the federal state supervision in the field of atomic energy use will apply the provisions established by the Federal Law of December 26, 2008 No. 294-FZ "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) (item "i" Part 1 Article 99 of the draft Federal Law "About Amendments to the Certain Legislative Acts of the Russian Federation in view of Adoption of the Federal Law "About State Control (Supervision) and Municipal Control in the Russian Federation").

In this context, before the mentioned date it is necessary to introduce amendments to the Federal Law of November 21, 1995 No. 170-FZ "On the Use of Atomic Energy" aimed at provision of legal regulation of the mentioned type of federal supervision starting from January 1, 2025, in particular:

• to establish formats, types and terms for audits (inspections) to be conducted;
• to establish basis for involvement of employees from the technical and scientific support organizations of the authorized state safety regulation body to conduct of audits (inspections);
• to specify general requirements to organization and conduct of audits (inspections), results documentation procedure; measures to be taken in response to violations of mandatory requirements, detected in the process of audits (inspections).

2. Federal Law of July 31, 2020 No. 247-FZ "About Mandatory Requirements in the Russian Federation"

hereinafter to be referred to as the Federal Law No. 247-FZ.

In compliance with the Article 16 of the Federal Law No. 247-FZ, the legislative act comes into effect on November 1, 2020, except for its certain provisions, for which other dates were established.

The Federal Law No. 247-FZ specifies legal and organizational fundamentals for establishment and assessment of observation of the requirements contained in the regulatory legal acts related to implementation of entrepreneurial and other business activity and evaluation of the observance of which is performed in frames of the state control (supervision), municipal control, imposition of administrative sanctions, granting licences and other permits, accreditation, products conformity assessment, and other forms of assessment and review.

According to para. 5 Part 2 Article 1 of the Federal Law No. 247-FZ, its provisions do not cover the relations associated with the establishment and assessment of observation of the mandatory requirements in the field of atomic energy use.

In this regard, it seems expedient to amend the regulatory legal acts in the field of atomic energy use in the part of mandatory requirements aimed at regulation, including:

• principles for their establishment;
• procedure for publishing official clarifications on their application.

3. Federal Law of July 31, 2020 No. 281-FZ "About Amendments to the Federal Law "On Electric Power Industry" in the Part of Improvement of the Procedure for Electric Power Industry Facilities' Decommissioning and Putting into Repair"

hereinafter to be referred to as the Federal Law No. 281-FZ.

The Federal Law No. 281-FZ introduces amendments to the Federal Law of March 26, 2003 No. 35-FZ "On Electric Power Industry" (hereinafter to be referred to as the Federal Law No. 35-FZ), in particular, to the Article 44, regulating the specifics of putting into repair and decommissioning of electric power industry facilities.

Thus, for example, the para. 1 of the mentioned Article stipulates, that agreement for putting the electric power industry facilities into repair and for decommissioning of electric power industry facilities functioning in the mode of combined electric and thermal power output, shall be achieved in accordance with the Article 44 only in the part of electric power production. The owners of such facilities are also obliged to get agreement for the final decommissioning of equipment and devices of the facilities being the sources of thermal power in line with the Federal Law of July 2, 2010 No. 190-FZ "About Thermal Power Supply" and with the rules for putting into repair and decommissioning of thermal power sources and heat supply networks, approved by the Government of the Russian Federation.

According to para. 9 Article 44 of the Federal Law No. 35-FZ, the requirements of the Article shall cover nuclear power plants with the account of the specifics of their functioning stipulated by the legislation of the Russian Federation on the use of atomic energy.

In line with the Article 2, the legislative act comes into effect upon expiry of 180 days after its official publication (it was published on the official website for legal information http://www.pravo.gov.ru on July 31, 2020).

4. The Decree of the President of the Russian Federation of July 7, 2020 No. 448 "About Amendments to Decree of the President of the Russian Federation of April 27, 2007 No. 556 "About Restructuring of the Nuclear Power Generation Complex of the Russian Federation"

hereinafter to be referred to as the Decree No. 448.

The Decree No. 448 supplements the list of the Russian legal entities, which may possess nuclear materials (except for nuclear materials, exclusively belonging to the federal ownership), approved by the Decree of the President of the Russian Federation of April 27, 2007 No. 556 "About Restructuring of the Nuclear Power Generation Complex of the Russian Federation".

This list includes the Joint-Stock Company “State Specialized Design Institute” (Moscow) and the Joint–Stock company ASE Engineering Company, Nizhniy Novgorod.

The Decree No. 448 came into effect on the date of its signing, that is July 7, 2020.

5. The Decree of the Government of the Russian Federation of July 31, 2020 No. 1151 "About Recognition as Repealed the Decree of the Government of the Russian Federation of March 1, 1997 No. 233"

In compliance with the mentioned Decree of the Government of the Russian Federation, the Decree of the Government of the Russian Federation of March 1, 1997 No. 233 "About the List of Medical Contra-Indications and the List of Job Positions to be Covered by these Contra-Indications, as well as about the Requirments to Medical Examinations and Psychophysiological Inspections for Nuclear Facilities' Employees" shall be recognized as repealed starting from January 1, 2021.

The new requirements to medical examinations and psychophysiological inspections; the list of medical contra-indications for issuance of a permit for implementation of certain types of activities in the field of atomic energy use; the list of employees' job positions to be covered by the medical contra-indications for issuance of a permit for implementation of certain types of activities in the field of atomic energy use, the format of a medical note about availability (absence) of medical contra-indications, are approved by the Order of the Ministry of Health of the Russian Federation of July 28, 2020 No. 749n (registered by the Ministry of Justice of Russia on September 11, 2020 under the No.59782).

This Order comes into force on January 1, 2021.

6. Order of Rostechnadzor of March 18, 2020 No. 120 "About Approval of the Federal Safety Regulations in the Field of Atomic Energy Use "General Safety Provisions for Nuclear Maintenance Ships" (NP-109-20)»

Registered by the Ministry of Justice of Russia on August 12, 2020 under the registry No. 59247 (hereinafter to be referred to as NP-109-20).

NP-109-20 specifies goals, major criteria and principles for nuclear and radiation safety of nuclear maintenance ships, as well as general requirements to technical and organizational measures aimed at safety.

NP-109-20 covers nuclear maintenance ships and is intended to be used by organizations performing activities related to these nuclear facilities at the stages of design, construction (including commissioning), operation and decommissioning.

The document came into effect on August 24, 2020.

7. Order of the Ministry of Labour of Russia of June 15, 2020 No. 328n "About Approval of the Occupational Standard "Specialist for Nuclear Facilities Digital Design"

Registered by the Ministry of Justice of Russia on July 20, 2020 under the registry No. 59011 (hereinafter to be referred to as the Standard).

In accordance with the Standard provisions the main purpose of the activity of specialist for nuclear facilities digital design is creation of an information model of nuclear facilities.

Thus, the functions of such speciailists cover:

• creation of an integrated information model of nuclear facilities;
• technical support to creation of an information model in the process of design of nuclear facilities;
• assimilation of techniologiesfor nuclear facilities digital design.

The Standard also establishes requirements to education and professional experience necessary for specialists to fulfill the above-mentioned functions.

The document came into effect on July 31, 2020.

8. Order of the Ministry of Labour of Russia of June 15, 2020 No. 342n "About Approval of the Occupational Standard "Specialist for Production of Design Products for Nuclear Facilities"

Registered by the Ministry of Justice of Russia on July 20, 2020 under the registry No. 59007 (hereinafter to be referred to as the Standard).

According to the Standard provisions the main purpose of the activity of specialists for production of design products for nuclear facilities is development and issuance of pre-design, design and operating documentation for nuclear facilities meeting the requirements of regulatory and technical documentation, including the use of a digital model of a facility.

Thus, the functions of such specialists cover:

• creation of components for an information model of nuclear facilities;
• information modeling of nuclear facilities component-by-component;
• management over requirements and input data for component-by-component design of nuclear facilities;
• organization of works aimed at development and issuance of the design products from an information model of nuclear facilities;
• development of justifying documentation for nuclear facilities.

The Standard establishes requirements to education and professional experience necessary for specialists to fulfill the above-mentioned functions.

The document came into effect 31 июля 2020 г.

Apart from the mentioned legislative and other regulatory legal acts of the Russian Federation in the field of atomic energy use, the following legislative acts were adopted in the third quarter of 2020, covering safety issues in atomic energy use:

• Decree of the Governement of the Russian Federation of July 24, 2020 No. 1938-r "About Signing the Agreement between the Federal Environmental, Industrial and Nuclear Supervision Service of Russia and the State Committee for Industrial Safety of the Republic of Uzbekistan about Cooperation in the Field of Regulation of Nuclear and Radiation Safety in Atomic Energy Peaceful Use";
• Order of Rostechnadzor of July 13, 2020 No. 269 "About Amendments to the Order of the Federal Environmental, Industrial and Nuclear Supervision Service of Russia of October 17, 2016 No. 421 "About Approval of the Lists of Legal Acts Containing Mandatory Requirements Adherance to which is Evaluated in the Process of Inspection Actions in Frames of Execution of the State Control (Supervision) Activities Attributed to Competence of the Federal Environmental, Industrial and Nuclear Supervision Service of Russia" (hereinafter to be referred to as the Order No. 269; the List).

Order No. 269 introduces the following amendments to the Subsection 8 of Section IV of the List, that is "Physical Protection of Nuclear Installations, Radiation Sources, Storage Facilities, Nuclear Materials and Radioactive Substances. Accounting and Control of Nuclear Materials, Radioactive Substances and Radioactive Wastes".

Thus, in particular, the mentioned Section was enlarged with the Federal Safety Regulations in the field of atomic energy use:

• "Basic Rules on Accounting and Control of Nuclear Materials" (NP-030-19);
• "Requirements to Physical Protection of Ships with Nuclear Reactors, Nuclear Maintenance Ships and Ships for Nuclear Materials Transportation, as well as Floating NPPs" (NP-085-19).