Illegal handling of nuclear materials or radioactive substances
(as amended by Federal Law No. 26-FZ of February 9, 1999)
1. Illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances
is punishable by restraint of liberty for up to two years, or by forced labor for up to two years, or by arrest for up to four months, or by imprisonment for up to two years (in red Federal Law No. 420-FZ of December 7, 2011).
2. The same deeds, which caused the death of a person or other grave consequences through negligence -
shall be punishable by deprivation of liberty for a term of up to five years (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of December 27, 2009).
3. The acts provided for in part one of this article, which caused by negligence the death of two or more persons, -
is punishable by imprisonment for up to seven years (part three is introduced by Federal Law No. 162-FZ of 08.12.2003).
1. The main object of the crime is radiation safety in the sphere of handling nuclear materials or radioactive substances. Additional object is the health or life of a person or other harm based on the nature of the other grave consequences (part 2), the life of two or more persons (part 3).
2. The crime subject is nuclear materials or radioactive substances. Their concepts are given in art. 3 of the Federal Law of 11/21/1995 No. 170-FZ "On the use of atomic energy" (in the edition of July 2, 2013).
Nuclear materials are materials containing or capable of reproducing fissile (fissionable) nuclear substances, including: depleted uranium-uranium, in which the percentage of uranium-235 isotope is lower than in natural uranium; irradiated nuclear material - a nuclear material that, due to neutron irradiation in a nuclear reactor or other nuclear facility, has an equivalent radiation dose rate of more than 1 Sv/h (100 rem/h) at a distance of 1 m without biological protection; enriched uranium-uranium, in which the percentage of uranium-235 isotope is higher than in natural uranium; spent nuclear fuel - irradiated nuclear fuel, the further use of which is not provided for in the nuclear reactor; natural uranium - uranium containing about 99.28% of the uranium-238 isotope, about 0.71% of the uranium-235 isotope and about 0.01% of the uranium-234 isotope; weakly irradiated nuclear material is a nuclear material that, due to irradiation in a nuclear reactor or other nuclear facility, has an equivalent dose rate of less than or equal to 1 Sv/h (100 rem/h) at a distance of 1 m without biological protection.
Radioactive substances are substances that do not belong to nuclear materials, emitting ionizing radiation, including radium, cobalt-60, strontium.
3. The objective side of the crime is expressed in the alternative actions specified in the law - the illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances.
Under acquisition of nuclear materials or radioactive substances means the acquisition of these items in any way (purchase and sale, donation, exchange, gratuitous transfer, debt repayment, education, misappropriation, etc.) In addition to capturing by theft and extortion, as an offense under Art. 221 of the Criminal Code.
By storing nuclear materials or radioactive substances means finding the specified items, actually owning, controlling them, saving in certain places, for example in special rooms, storages, hiding places, etc.>
By using nuclear materials or radioactive substances is understood their application in any field of activity, consumption in any way and for any purpose.
By transfer of nuclear materials or radioactive substances are understood any compensated or gratuitous facts of their alienation, similar to the acquisition.
By destruction of nuclear materials or radioactive substances is understood as their modification, destruction, damage, other violation of their integrity, when a radiation hazard may actually arise.
4. Federal Law "On the Use of Atomic Energy" determines the legal basis and principles for regulating the relations that arise when using atomic energy. Also, the legislative acts governing this area of relations include the Law on Environmental Protection, the Law on Sanitary and Epidemiological Well-being and other federal laws, for example, from 09.01.1996 No. Z-FZ "On Radiation Safety of the Population" (in the edition of 18.07.2011). In addition, a number of decisions of the US Government, in particular, from 20.06.2000 No. 471 "On approval of the provision on licensing activities for the use of radioactive materials in the work on the use of atomic energy for defense purposes"; (as amended on 24.09.2010), as of 30.07.2004 No. 401 "On the Federal Service for Ecological, Technological and Nuclear Supervision"; (as amended on 03/20/2013), as of 06.05.2008 No. 346 "On measures to implement the Decree of the President of the United States of March 20, 2008 No. 369" (as amended on March 31, 2013), as of 06.05.2008 No. 352 "On Approval of the Regulation on the System of State Accounting and Control of Nuclear Materials"; (as amended on 04.02.2011), dated 14.03.1997 No. 306 "On the rules for making decisions on the location and construction of nuclear facilities, radiation sources and storage points" (as amended on 01.02.2005) and other by-laws, orders, orders.
5. The list of organizations operating particularly radiation-hazardous and nuclear hazardous industries and facilities was approved by the US Government Decree No. 1311-r of September 14, 2009 (as amended on August 1, 2013).
6. Activities related to the development, manufacture, testing, operation and disposal of nuclear weapons and nuclear power plants for military purposes are regulated by international instruments, including the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968, federal laws, including of May 31, 1996 No. 61-FZ On defense (in the edition of July 2, 2013).
7. The subjective side of the crime is characterized by direct intent. In parts 2 and 3 there is a double form of guilt - intent for illegal handling of nuclear materials or radioactive substances and negligence in relation to the occurrence of the consequences indicated in the law.
8. The subject is a sane individual who has reached the age of 16 years.
9. Part 2 of the article under review provides for responsibility for the same acts that resulted in the death of a person through negligence or other grave consequences, and Part 3 - by negligence caused the death of two or more persons.
Other serious consequences are understood as negligent injury to one or several victims, radioactive contamination of the terrain, production facilities, disorganization of work, evacuation of people, mass death of animals, etc.>
10. The composition of the crime (part 1 of the commented article) is formal, is acknowledged finished from the moment of fulfillment of any of the specified actions, or material (Part 2 and 3 commented articles) - is acknowledged finished from the moment of occurrence of the consequences specified in them.
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