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').
This topic describes the legal mechanisms that regulate the safety of nuclear technology, including the decommissioning of nuclear facilities. Those laws and regulations of the countries that pioneered the use of nuclear technology, the U.S. and Russia, are covered
Lectures on this topic:
- 1. Stages of development of nuclear legislation
- 2. Directions of development of nuclear legislation
- 3. Constitution of the Russian Federation as a source of atomic legislation
- 4. Federal laws and laws of subjects of the Russian Federation as a source of nuclear legislation
- 5. Laws and regulations as a basis of nuclear legislation
- 6. The role of the judicial practice in the application of nuclear law
TOPIC OF COURSE
- Topic 01. Current condition of nuclear energy
- Topic 02. Legislation in the US and in Russia
- Topic 03. International law in the sphere of decommissioning
- Topic 04. Role of the national regulators in the decommissioning process
- Topic 05. Possible approaches and scenarios of decommissioning
- Topic 06. Existing experience of decommissioning
- Topic 07. Strategy for handling radioactive waste (RW) and spent nuclear fuel (SNF) USA experience
- Topic 08. Strategy for handling RW and SNF Russian experience & other countries
- Topic 09. Social aspects of decommissioning
- Topic 10. International and inter-regional cooperation for safe decommissioning