Topic 02. Legislation in the US and in Russia

3. Constitution of the Russian Federation as a source of atomic legislation

The Constitution of the Russian Federationdefines a general principle that is important from the point of view of safety in the use of nuclear energy and is directly related to the use of nuclearenergy.The principle is formulated in Art.1: “The Russian Federation – Russia is a democratic federal state of law ….”This establishes that the organization and activities of the state, including for the preparation of and environmental decision-making, must be based on principles of law, and not political motives or other expedience.

The nation is a social state whose policy is aimed at creating conditions for a dignified life and other human rights, according to Article7 of the Constitution of the Russian Federation.This article also has a direct bearing on the safety of nuclear energy use, particularly with regard to the protection of the environmental rights of citizens. To the extent that environmental issues affect the interests of society, these problems are social in nature.Accordingly, and consistent with the interests of the individual and society, this article of the Constitution can be a tool for Russian legislators.

Similarly,Article 9 is one of the most essential, according to which land and other natural resources are used and protected in the Russian Federation as the basis of life and activity of the peoples living in the area. This provision defines the role and place of natural resources in accordance with their natural and economic properties in the life of society as a whole, and those people living in the territories concerned.

Paragraph 3 of Article37 enshrines the right of citizens to work under safe conditions, including health and medical care. Such security guarantees include the funding of federal programs for the protection and promotion of human health, taking appropriate measures for the development of public, private, and municipal health systems, and promoting activities that contribute to the health and environmental well-being of the population.

Article 42 establishes the right of every person to a favorable environment, reliable information about its condition, and to compensation for damage caused to his health or property by ecological violations.

A special delimitation of jurisdiction between the Russian Federation and its subjects exists in the field of nuclear energy.On one hand, Article71 of the Constitution statesthat power systems, nuclear power, and fissile materials are the exclusive jurisdiction of the federal authorities of the Russian Federation.On the other hand,questions concerning the use of nuclear energy as it concerns the possession, use and disposal of land, subsoil, water and other natural resources, environmental management, environmental protection and ecological safety are closely related.These questions, according to Art.72 of the Constitution, refer to the joint jurisdiction of subjects of the Russian Federation and of federal authorities.