The legal structure of regulatory activities in the field of nuclear safety is made up of
laws adopted prior to the establishment of the Slovak Republic and, on the other hand, of
new laws enacted after the establishment of the independent state.
The legal system may be classified as follows:
- The supreme basic law of the state is the Constitution that
is adopted by the parliament - it is of generally binding nature.
- Laws lay down principal rights and responsibilities
specifying the principles in various areas; they are adopted by the parliament, and are of
generally binding nature.
- Government ordinances are subordinated to laws, and are
adopted by the government - they are of generally binding nature.
- Regulations and orders are rules issued by central state
administration authorities (such as ministries or ÚJD) to set the details of the
implementation of laws and government ordinances - they are of generally binding nature.
- Guides (handbooks) contain detailed requirements and
recommended steps to secure meeting of requirements. They are issued by regulatory bodies
and not mandatory.
- Internal standards (such as directives and orders) are
internal organizational rules of regulatory bodies, and make up the basis for the internal
quality assurance system.
22.214.171.124 Legal regulations in the area of state regulatory activities
On 1 April, 1998, National Council of the Slovak Republic adopted Act
No. 130/1998 Coll.LL. - Act on Peaceful Uses of Nuclear Energy (so-called Atomic
Act). The Act has laid down conditions of safe uses of nuclear energy for exclusively
peaceful purposes, in accordance with international agreements signed by the Slovak
Republic. Also, it includes clauses setting financial compensation in cases of nuclear
accidents. It sets the amount of Sk 2 bn as the limit of operator’s financial liability.
In terms of the Atomic Act, nuclear installations mean facilities and premises that
contain a nuclear reactor utilizing fission reaction, facilities and premises for the
production, processing and storage of nuclear materials, facilities and premises for the
storage (disposal) of spent nuclear fuel and for the processing, treatment, storage and
deposition of RAW.
The Act came into force on 8 May 1998 and has been effective since 1 July 1998, replacing
the previously applicable Act No. 28/1984 Coll. on state regulatory activities in the
field of nuclear safety of nuclear installations. Some previously applicable decrees and
regulations have remained applicable unless in contradiction with the law. Gradually, they
are getting replaced by new regulations.
Act No. 347/1990 Coll. L.L. as amended, lays down tasks
and responsibilities of central state administration authorities. Act No. 2/1993 Coll.LL.
was one of the several amendments to Act No. 347/1990 Coll., laying down, a.o. the
establishment of ÚJD.
Being one of the basic laws, Energy Act No. 70/1998 Coll.LL. regulates
the conditions of doing business in the nuclear energy sector in the Slovak Republic, as
well as the rights ad responsibilities of natural persons and legal entities doing
business in this field.
Act No. 127/1994 Coll.LL. on environmental impact assessment orders
comprehensive expert and public assessment of environmental impacts of selected
constructions under preparation, including nuclear installations, and empowers Ministry of
Environment of the Slovak Republic to review all suggestions for technical changes of
nuclear installations that may have untoward environmental impacts.
Act No. 254/1994 Coll.LL. as amended and Regulation
No. 14/1995 Coll.LL. established the State Fund for the Decommissioning of
Nuclear Power Generating Installations and Treatment of Spent Nuclear Fuel and Radioactive
Wastes. Treatment of spent nuclear fuel and radioactive waste means their transport,
processing and disposal . The Fund that is an independent legal entity is managed by the
Ministry of Economy . The Fund is financed from several sources, including contributions
from nuclear power plant operators, banks, the State, and others.
Act No. 272/1994 Coll.LL. on the protection of Public Health, as amended
and supplement by Act No.290/96 Coll.LL. and Act No.470/2000 settles general requirements
for protecting health, state authorities their responsibilities, responsibilities of
persons for health protection, requirements for the execution of state regulation and
enforcement. Chapter on radiation protection establishes basic principles of radiation
protection conditions and requirements for granting permissions for activities leading to
irradiation and for activities important from the point of view of radiation protection
and requirements for handling radiation sources and institutional radioactive wastes,
responsibilities of license holders, conditions for releasing radioactive materials into
the environment, requirements for radiation protection of the public and workers.
Regulation No. 12/2001 Coll.LL. on requirements for the securing of
radiation protection laid down general requirements on health protection, health
protection bodies, their scope of activities, responsibilities of individuals with respect
to health protection, requirements with respect to the exercise of state regulatory
activities in the health sector, and sanctions. In the section dealing with radiation
protection, it sets basic principles of radiation protection, conditions and requirements
for permits to perform activities resulting in irradiation and activities relevant from
the aspect of radiation protection to be granted, basic requirements for treatment of
radiation sources and institutional radioactive waste, responsibilities of permit holders,
conditions for the introduction into the environment of radioactive substances,
requirements for radiation protection of workers and population, including irradiation
limits, details of optimization of radiation protection, requirements for the securing of
radiation protection upon accidents and incidents.
Act No. 50/1976 Coll.L.L. on physical planning and rules of construction
(so-called Construction Act) as amended, lays down the responsibility of the building
authority to obtain, prior to granting location permit, building permit and commissioning
decision concerning constructions containing nuclear installation, ÚJD´s position, the
latter being allowed to make its approval conditional upon meeting specific conditions.
126.96.36.199 Suggestions for legislative amendments
ÚJD works on the following drafts of regulations :
- on periodic reviews of nuclear safety,
- on requirements for securing nuclear safety upon designing
- on requirements for securing nuclear safety upon
commissioning and operating nuclear installations,
- on requirements for nuclear safety of nuclear installations
upon their location,
- on safety related documentation of nuclear installations,
- on quality assurance of nuclear installations
which have been sent to entities for informal commenting. A
list of regulations adopted (since 1998) is in Annex No. 6.2