Setting the Stage for International Spent Nuclear Fuel Storage Facilities International Workshop Proceedings (2008) / Chapter Skim
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4 Insurance and Liability in the Transport and Reception of Fuel for Storage in Russia--Nikolay S. Pronkin
4 Insurance and Liability in the Transport and Reception of Fuel for Storage in Russia--Nikolay S. Pronkin
Pages 21-27
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From page 21... ...
Pronkin Scientific-Technical Center for Nuclear and Radiation Security LEGISLATIVE BASE In the Russian Federation, civil liability for losses and damages caused by radiation (nuclear harm or damages) and its financial aspects are governed by the following regulatory and legal documents: • Federal Law on the Use of Atomic Energy (No.
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From page 22... ...
is required to have financial resources equal to the liability limit established by Article 55 of the federal law. The financial resources required of an operating organization in the event compensation for radiation-related losses and damage is needed consist of state guarantees or other guarantees, as well as the organization's own funds and its insurance policy.
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From page 23... ...
, as well as the lives and health of personnel engaged in any other work with nuclear materials or radioactive substances in connection with fulfillment of their job duties, is subject to compensation in accordance with Russian Federation legislation. In this regard, note the following provisions of this federal law: • Liability for compensation for nuclear-related damages lies exclusively with the operating organization (nuclear facility operator; Article 53)
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From page 24... ...
The provisions of the articles included in Chapter XII of the Federal Law on the Use of Atomic Energy on the whole reflect the provisions of the articles of the Vienna Convention, which lays out the system recognized by the international community for handling civil liability for nuclear damages. A number of documents, including laws and associated acts (provisions, regulatory documents, and so forth)
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From page 25... ...
Passage of the Law on Civil Liability for Causing Nuclear Damage and Its Financial Aspects will eliminate a number of discrepancies between Russian legislation and international norms. THIRD-PARTY LIABILITY INSURANCE The introduction of nuclear insurance in Russia may be considered to have started as of the date when the Federal Law on the Use of Atomic Energy went into effect in 1996 and especially when the Provisions for Licensing of Activities Involving the Use of Atomic Energy were issued in 1997, inasmuch as licensing was an effective tool for promoting "mandatory" insurance of the activities of operating organizations that use atomic energy.
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From page 26... ...
• As a rule, contracts for insurance covering the transport of nuclear materials are concluded with insurance companies that are licensed by the Russian Federal Security Service to engage in operations associated with the use of information classified as state secrets. • In accordance with the recommendations of the Order on the Creation of a Single Insurance System under the Russian Ministry of Atomic Energy (Federal Atomic Energy Agency [Rosatom]
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From page 27... ...
Adoption of the Vienna Convention is a serious incentive factor in the development of special legislation to ensure financial guarantees for compensation for nuclear damages. The draft Federal Law on Civil Liability for Causing Nuclear Damage and Its Financial Aspects is in the development stage.
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