Counteraction against Illicit Trafficking of Nuclear Materials
Development of the Concept on Improving the Normative and Legal Regulation on Combating Illicit Trafficking of Nuclear and Radioactive Material in the Russian Federation
Tech Area / Field
- FIR-NSS/Nuclear Safety and Safeguarding/Fission Reactors
- CHE-SAS/Safety and Security/Chemistry
- ENV-DMT/Dangerous Materials Transportation /Environment
- FIR-CAA/Control and Accounting/Fission Reactors
3 Approved without Funding
MIFI, Russia, Moscow
- All-Russian Research Institute of Automatics, Russia, Moscow\nAll-Russian Scientific Research Institute of Non-Organic Materials named after A. Bochvar, Russia, Moscow
- European Commission / Joint Research Center / Institute for Transuranium Elements, Germany, Karlsruhe\nCEA / Centre de Fontenay-aux-Roses, France, Fontenay aux Roses\nUS Department of Energy / National Nuclear Security Administration, USA, DC, Washington
Project summaryEvolution of the nuclear industry, a carrying out of scientific researches, a professional training, an operation of objects where nuclear and radioactive materials (NRM) are used, have led to that the number of the organizations in the Russian Federation which feel necessity of work with them, is still sufficiently great. Such position generates necessity of manufacturing, mutual transfer and other operations of property character concerning the specified materials. Totality of these legal relations makes a lawful handling of NRM.
Now one of the basic threats to stability of the world civilization is the international terrorism. For realization of the criminal intentions the organized bands carry out constant attempts of access to NRM with a view to obtain the bases for blackmail of the both separate governments, and all world community. In these conditions additional efforts on normative ordering relations in sphere of circulation of the specified materials have rather great value.
Now the government regulation and direct realization of normative instructions on regulating the handling with NRM in the Russian Federation are precisely demarcated between three federal executive authorities as follows:
- State Atomic Energy Corporation “Rosatom” (ROSATOM) and its enterprises completely respond for a circulation of the specified materials inside of the industrial zones. For maintenance of the given activity the system of statutory acts of a departmental level is generated;
- On territories of the country the responsibility for revealing and suppression of illegal circulation of NRM is assigned to law-enforcement bodies (militia). For this purpose in system of the Ministry of Internal Affairs of Russia (MIA) the departmental normative base should be generated.
- On borders of the Russian Federation with other states illegal circulation of NRM is stopped by forces of Federal customs service of Russia (FCS), which develop the statutory acts for these purposes.
As is obvious from the foregoing, tasks of three federal enforcement authorities in considered sphere are close as a matter of fact and differentiated only by zones of the responsibility: ROSATOM responds in a zone where the object is created, kept and used, the Ministry of Internal Affairs of Russia bears the responsibility in territory of the country, FCS - on border.
Hitherto the system of statutory acts, which would provide effective interaction of the specified federal executive authorities in questions of suppression of illegal trafficking of NRM, is not developed. In our opinion it is possible to explain such situation with the fact that departmental documents operate only inside of the specified bodies and cannot be the basis for occurrence of system of the rights and duties at other subjects of legal attitudes from among other bodies.
With the purpose of creation of uniform system named above statutory acts, it is necessary to execute following amount of works within the limits of the offered project:
- Legal base elaboration of NRM and Nuclear power production structure government regulation.
- Legal base elaboration of Nuclear energy and NRM safety use, including the foundation of United Coordinated efforts centre of Public Authority, which is to reveal and suppress the attempts of NRM illicit, trafficking on Russian territory and to prevent their import and export as well.
- The analysis of concerned departments’ normative regulations, typical for all kind of activities with NRM,
- Determination of normative reliable competence of any Department to suppress NRM illicit trafficking, analysis of doubling functions availability and analysis of flaws in legal regulation.
- Improving of the legal normative base, which regulates license relationships in order of access to NRM operations.
- Developing of proposals to introduce modifications and additions into the legislative and other legal normative regulations, definitely assigning the rights and duties of State Authorities in whole, local governments, State and non-governmental organizations and civilians to prevent and suppress the attempts of NRM illicit trafficking on Russian territory, including the attempts of export and import through the customs bounds.
- Developing of the draft decree of the Russian Government to improve coordination between SC ROSATOM, FCS and Russian MIA in order of NRM illicit trafficking suppression on the territory of Russian Federation and developing of the appropriate administrative regulation, as well as modifications and additions of the legislative and other legal normative regulations, which define the NRM legal handling limits and liability extent for illicit trafficking of these materials. .
The results of technical procedures, which provide high-qualified expertise of definite normative regulations violation, concerning the items, which are to be developed within this Project, should be applied to the mentioned above regulations developing, to avoid failures and mistakes of law.
Forming of the appropriate normative base on higher governmental level will contribute to more efficient coordinating efforts of all departments such as operative informing each other, developing of joint managing and technical activities, experts mutual exchange, that will improve providing of NRM legal use safety.
Experts from different State Departments including Federal Custom Service, State Atomic Energy Corporation “Rosatom”, MIA, VNIIA, VNIINM and the Moscow Engineering Physics Institute are expected to be involved in developing of the appropriate normative regulations; and their great experience in NRM leakage prevention from nuclear sites is to be in high demand.
MEPhI scientists are supposed to manage in the whole developing of new-formed normative base conception.
The MEPhI chair of “Common jurisprudence and legal security fundamentals” has available staff of professors, which have the high experience in developing of national security legal and others regulations projects. The chair of “Applied Nuclear Physics” has a long-term experience in developing of methods of detecting and identifying nuclear and radioactive materials on checkpoints.
With the purpose of the accounting of international normative regulations at the developing of legal normative statement system, it should be appropriate to develop the appropriate conception as an Agreement with International Scientific Technical Center, which supports the activities of NRM non-proliferation.
The final purpose of the Project is to form the normative base, which is available to provide reliable