Topic 02. Legislation in the US and in Russia

6. The role of the judicial practice in the application of nuclear law

 

Assuming that atomic legislation refers to regulations containing rules on the use of nuclear energy, the decisions taken by the courts on these issues do not become sources of law.Russian doctrine considers judicial practice only in the application of law, the interpretation and clarification of certain provisions.However, judicial practice does play an important role in the regulation of relations in the field of nuclear energy.Thus, in accordance with Article46 (see part two) of the Constitution of the Russian Federation, decisions and action (or inaction) by state authorities, local government bodies, public associations and officials may be appealed in court.This constitutional provision is duplicated in Article3 of the Law "On appealing against the actions and decisions violating the rights and freedoms of citizens."Associations and individualsoften use this right.
For example, the Supreme Court in 2002, following a law suit of Chelyabinsk leaders of the NGOs "Sense of Justice" and "Movement for Nuclear Safety," invalidated the Order of the Government of the Russian Federation on the import of spent nuclear fuel from the nuclear power plant "Paks", Hungary (thereby preventing the import of 370 tons of Hungarian radioactive waste onto the territory of Chelyabinsk Oblast').