Introduction.

The XXI century is recognized the dominance of the worlds energy as well as giving the prospects to the nuclear energy. It is fact the use of nuclear energy is increasing in order to facilitate the real direction of stable growth in energy sector. Objective reality of the modern world is a steady increase in energy consumption. Nowadays, human requirements for thermal and electrical energy double every 1215 years1. Evaluation of energy balances show that at current rates of growth of world GDP by mid-century demands for energy resources will exceed the capabilities of the fossil resource base. The reasons for this growth are the rapid economic development, especially developing countries and the growth of world population. As a consequence thermal and nuclear power plants are built, and mining operations are increasing and an intense contamination of the atmosphere takes place by chemical, thermal, and physical means, and different kinds of waste accumulate. Any kind of human activity with the conjunction of benefit to the society is bearing the negative consequences. One of those negative consequences in the field of nuclear energy is the formation of radioactive waste. In current National Law of Kazakhstan On the Use of Atomic Energy Under the Radioactive Waste understands materials and substances in any aggregate state, containing radioactive substances in quantities and concentrations that exceed regulated by normative legal acts of the values, formed as a result of economic activity and not subject to further use. A whole set of activities for their collection, processing, refining, storage and disposal is called "Radioactive Waste Management Radioactive wastes arise at each stage of radioactive substances and nuclear technologies: the extraction and processing of uranium new and thorium ores, manufacture, use and reprocessing of nuclear fuel, the use of radioactive materials, devices, and radioisotope sources of ionizing radiation in medicine, industry, scientific research, etc. Radionuclides that are contained in radioactive waste have different personal physical and chemical properties and therefore have different effects on human being and the biosphere. Risk of harmful effects on living organisms depends on the dose, the time during which the radionuclides are representing danger, routes them to the organism, its activity, concentration and so on. 2 Therefore, to protect people from adverse effects, radioactive waste must be collected and isolated from the biosphere. The next and most important condition for ensuring the safety is neutralization of radioactive waste. Today, humanity uses a single method - extract radioactive waste in isolated doped conditions, a time during which happen naturally decay of radionuclides that is contained in them. In this regard, the researcher will reflect the system fluctuations in the handling, processing techniques, waste disposal, when reprocessing waste began to be used in nuclear industry, which constantly promotes IAEA. Today the core problem in the Kazakhstani Nuclear Energy remains the problem such as the appropriate use of the atomic energy and disposal of the byproducts. There should be highlighted this waste has a negative influence on both human beings as well as the environment. For example, Spent Nuclear Fuel (SNF) in many countries is considered as Radioactive Waste (RW) and not processed, stored in a sealed form to the appropriate storage. SNFs activity is enormous. It is believed that the activity of one ton of "fresh" spent fuel is about 1 million curies. Accordingly, 1 kilogram of spent fuel has an activity of 1,000 curies. In this case, all only 1 gram of spent nuclear fuel (which has the activity of 1 Ci of fission products) may cause a dose of 1 roentgen per hour (P / h) at a distance of 0.5 m. For a human is absolutely lethal dose of X-rays in 1000. With regard to the SNF, this means that people at a distance of half a meter from 1 kg of SNF, for 1 hour will
1

Zhanatkin T and Shaipov M, The NATO Advanced Research Workshop Regulatory Approach for Managing Radioactive waste in the Republic of Kazakhstan , p.27. Springer 2007 2 Klyuchnikov A, Pazukhin E, Shigere Y, 2005 Radioactive waste of nuclear power plants and methods of handling radiation sources created by human being.

receive a lethal dose of radiation. And the activity of one ton of spent nuclear fuel (1 million curies), enough to provide a lethal dose for humans for a couple of seconds.3 Therefore, RW requires special storage, treatment as well as disposal. Systems of the handling of the RW must be accurate and should approach the principle as low as reasonably achievable (ALARA). Successful development of nuclear energy can be realized by improving its economic performance, improved the jurisdiction of the processing of the waste as well as its safeness, effective handling of radioactive waste and reducing proliferation risks. Also there will be emphasis that energy production does not lead to the formation of CO2. I. History of Developing Atomic Energy in Kazakhstan

The nuclear industry in Kazakhstan is originated with the epoch of development of atomic energy in the USSR. At the end of World War II, it became clear that the Soviet Union needed a lot of uranium in the shortest possible time. Special Order dated April 8, 1944 the USSR State Defense Committee ordered all geological organizations urgently to start looking for radioactive ores.4 (Actual problems of uranium industry, 2010). In 1948 on the territory of Kazakhstan, Volkovskaya Expedition (now Volkovgeologiya) began work . In 1951, geologists have discovered the first uranium deposit in Kazakhstan, Kurdayskoe. After that there were another findings in Northern Kazakhstan discovered deposits Mynbayev Ishim, Balkashinskoe, Zaozerne. In Southern Kazakhstan-field Bota-Burum, Kyzyl-Sai. Mangyshlak On-Koltsov expedition discovered a large uranium deposit Melovoye. For 60 years of the work Volkovgeologiya identified in different regions of Kazakhstan more than 40 uranium deposits and created the world's largest mineral resource base uranium mining industry with total reserves of uranium more than 1.5 million tons5. However, after the collapse of the Soviet Union, Kazakhstan's nuclear industry has rapidly lost its significance in the Russian market mainly due to reduction of orders from the defense industry. Since 1992 Russia has fully refused from Kazakhs uranium. Mining and processing enterprises are in fact left without orders. Reduction of the production led to the outflows of the specialists.6 To overcome the crisis the Government of the Republic of Kazakhstan decided to unite all the companies within the nuclear industry into the Kazakh state corporation in the nuclear energy and industry (KNEI). Corporation was required to enter world markets in particular to cancel anti-dumping process from the U.S. brought against the CIS. All the aims stated before the corporation were fulfilled. On 16 th of October 1992 the Special Agreement on suspension of antidumping proceedings against the Republic of Kazakhstan was signed . It is pleasant to point out that Kazakhstan was the first country among the CIS countries that obtained quota for the sale of uranium in the United States in the amount of 760 tons. On the 31 st of August 1993 the corporation was transformed into a national joint-stock company. Since then, the Republic is one of the consolidated entity carrying out the production, export and transportation of uranium, which completely eliminates the possibility of the uncontrolled export of nuclear materials from Kazakhstan. It was also established the National Agency for Atomic Energy. Republic became a member of the International Atomic Energy Agency (IAEA). (Id)7

Khizhnyak. V, 2009. The difference between the Spent Nuclear Fuel and Radioactive Waste Management available from http://nuclearno.ru/text.asp?3236 [assessed on the 5 th of January] 4 Sushko S and Vershkov A, 2010. Actual problems of uranium industry : uranium industry in Kazakhstan and its Development p. 11-12 5 Id 6 Home page of Kazatomprom. Available from www.kazatomprom.kz [Assessed on the 10 th of January] 7 Id

Currently Kazakhstan is the worlds third-largest uranium producer after Canada and Australia. At 1.5 million tones, it holds roughly nineteen per cent of the worlds uranium reserves8. More than fifty per cent of Kazakh reserves are suitable for extraction by in-situ leaching (a cheaper and environmentally friendlier method relative to extracting uranium from open pits or deep shaft mines)9

I.1

JSC National Company Kazatomprom

In 1997 as part of the reform of the uranium industry the President of the Republic of Kazakhstan signed a decree creating the National Atomic Company Kazatomprom. At present the company has the status of national operator in the nuclear industry and is responsible to the government, not only for company business but also for formulating and implementing the strategy of development of nuclear industry in Kazakhstan. 100% of the Companys stock is held by the Government under the National Welfare Fund SAMRUK-KAZYNA. The strategic objectives of the company: to become a leading global supplier of uranium. Kazatomprom is among the four largest producers of uranium. In 2009, Kazatomprom came the first in the world in natural uranium mining, production of which turned out 14,000 tons. In 2010 fifteenthousand tonnes annually. If Kazatomproms plans are realized company own will overtake its next strongest competitors Canada and Australia and become the worlds largest uranium producer. Kazatomprom reached several cooperation agreements with the foreign companies and as consequence set up several joint ventures with France, Russia, Japan and China. Kazatomprom has a cooperation with Frecn company Areva that resulted in the companies joint venture (jv) katco doubling uranium output to 4,000 tonnes per year until 2039, to be sold by Areva.18 Areva holds fifty-one per cent of katcos shares, while Kazatomptom owns fortynine per cent. Its major uranium mine, Moinkum, is located in southern part of Kazakhstan.10 The Kazakh-Canadian jv Inkai (sixty per cent of shares Cameco; forty per cent Kazatomprom) is developing a mine of the same name, also in southern Kazakhstan. Having begun in 2008, commercial production of uranium from the Inkai mine reached a capacity of two-thousand tonnes of uranium in 2010. (Cameco and Kazatomprom Progress Toward Conversion Plant, 2008) The trilateral JV Zarechnoe was set up by Kazatomprom (49.33 percent), Russias Tekhsnabexport (49.33 percent) and Atomredmedzoloto (0.67 percent), and Kyrgyzstans Kara-Balta Mining Combine (0.67 percent). The JV is developing an eponymous mine that has 30,700 tonnes of uranium reserves.19 It is projected that JV Zarechnoe will reach an annual production capacity of 1,000 tonnes of uranium by 2011. JV is developing an eponymous mine that has 30,700 tonnes of uranium reserves.11 Kazatomprom intends to carry out all tasks assigned to the company before his arrest, the former head Mukhtar Dzhakishev,12 (Interfax-Kazakhstan, 2009) . Among them is the way out and into first place in the world in the uranium mining sector this year. Dzhakishev was relieved of his post as chairman of Kazatomprom by the decision of the Management Fund ,
8

Kazatomprom, Deposits of Kazakhstan, http://www.kazatomprom.kz/cgi-bin/index.cgi?p26&version=en (accessed on the 24 th of January , 2011). 9 Kazatomprom, ISL Method, http://www.kazatomprom.kz/cgi-bin/index.cgi?p27&version=en (accessed on the 24 th of January , 2011). 10 Kazatomprom, Areva and Kazatomprom Sign a Strategic Agreement in the Front End of the Nuclear Cycle, http://www.kazatomprom.kz/cgi-bin/index.cgi?nc225&version=en (accessed on the 17 of August , 2011). 11 Kazatomprom, JV Zarechnoe, http://www.kazatomprom.kz/cgi-bin/index.cgi?p45&version=en (accessed on the 20 th of August , 2011).
12

(Interfax-Kazakhstan, 2009) [assessed on the 1 st of Feburary]

"Samryk Kazyna" from May 21, 2009 . Chairman of the Board of JSC "Kazatomprom Dzhakishev was replaced by Vladimir Shkolnik, previously headed the Ministry of Industry and Trade.13 The Government of the Republic of Kazakhstan by its decision dated on 23 of January 2004 decided to approve the program on uranium development until 2015. Ministry of energy and new technologies is accountable to the Government for this particular program. And following this one of the important development lead to the fact in 2007 Kazatomprom purchased ten per cent of Westinghouse Electric from Japans Toshiba for $ 540 million. Thus, by acquitting the shares from the nuclear technology company Kazakhstan ensured the place in the worlds nuclear market.14 In the current moment the company does not have any significant challenges, it possess with the good technology production facilities and funding for that would maintain the stable operation of existing mines. 1.2. Some specific points of the Atomic Energy Nuclear power plants are only part of the nuclear fuel cycle, which begins with the mining and milling of uranium ore. Following the next stage is the production of nuclear fuel. Spent nuclear plant is sometimes subjected to the secondary processing to extract the uranium and plutonium. Ending cycle is as a rule, disposal of radioactive waste. Approximately half of the uranium is mined by the open pit and the other half is getting by the mining operations. Extracted ore is being taken to the washing-plants that is usually located nearby. And the mines and processing plants serve as a source of environmental pollution by radioactive substances. If we consider only short periods of time, we can assume that almost all the pollution associated with the places of production of uranium ore. Referring the same factories pose a problem of long-term pollution: in the processing of ore produced large amounts of waste "tailings". 15 Near the existing washing- plants (mostly in North America) has already accumulated 120 million tons of waste, and if things doesnt change, the end of the century, this value will increase to 500 million tons. And those wastes will remain radioactive for millions of years. Thus, long-lived wastes are a major source of population exposure related to nuclear Energy. Recently there has been a tendency to reduce the number of emissions from nuclear reactors, despite the increase in nuclear capacity. This is partly due to technical improvements, partly with introduction of more stringent measures for radiation protection. Worldwide approximately 10% of the used nuclear fuel at nuclear power plants is sent for reprocessing to extract uranium and plutonium for reuse of their use. Now there are only a few plants, where do such a translation processing on an industrial scale: in Marcoule and La Hague (France), at Windscale (UK), Chelyabinsk-65 (RF). Most "pure" is a plant in Marcoule, on which there is especially strict control, because it drains enter the river Rhone. Waste from two other plants fall into the sea, and the plant at Windscale is a much bigger source of pollution, although the bulk of radioactive materials into the environment is not for processing, and as a result of corrosion of tanks, in which nuclear fuel is stored prior to processing16. The issues related to the final stage of the nuclear fuel cycle - high-level waste disposal plant, they fall under the responsibility of the governments concerned. In some countries, conducting research on waste-solidification transitions with a view to their subsequent burial in geologically stable areas on land, on the ocean floor or lying beneath layers. It is assumed that buried in this way radioactive waste will not be source of public exposure for the foreseeable future.
13 14 15 16

Id
Gizitdinov. N, Toshiba, Seeking Uranium, Sells 10 per cent of Westinghouse to Kazakhs, Bloomberg News, August 13, 2007

Klyuchnikov A, Pazukhin E, Shigere Y, 2005. Atomic Energy, p. 26 Id

II.

International, Multilateral and Bilateral Agreements and Standards 2.1. Agreements with IAEA

Kazakhstan acceded to the Nuclear Nonproliferation Treaty (NPT) in February 1994 and was subject to the safeguards system of the International Atomic Energy Agency (IAEA) For the purpose of peaceful use of nuclear energy and for the control over the radioactive waste the Republic of Kazakhstan has ratified number of conventions in the field of nuclear and radioactive safety. It is should be pointed out that Kazakhstan jointed to the International Atomic Energy Agency (IAEA) in 14th of February, 1994. This particular agency is being involved in the increasing as well as improving the international nuclear regime as a part of the primary aim to improve nuclear safety world and ensure the peaceful use of nuclear energy. For the providing of the harmony in the nuclear energy legislation world-wide is achieving through the development of various legal instruments such as bilateral, multilateral agreements, guidelines, standards, codes and conventions, which accordingly are implemented in national legislation.17 Kazakhstan acceded to the NPT in February 1994. The safeguards agreement (INFCIRC/504) between Kazakhstan and the IAEA went into force in August 1995. In February 2004, Kazakhstan signed the additional protocol to the agreement, which is scheduled to be ratified in 2005. The project was conducted through providing necessary equipment to Kazakhstan, in response to entry of the NPT and acceptance of the safeguards. It is recognized that the project was consistent with the denuclearization policy of Kazakhstan. Regarding of the additional protocol (signed in the 6 th of February 2004 and ratified ratified it by the law 229-II in 2005) in Kazakhstan, the IAEA officials wish Japanese assistance to Kazakhstan, such as transfer of Japanese experiences, human resources development, and provision of related equipment. Since, Kazakhstan possesses with many uranium mining and milling facilities which need personnel training related with the additional protocol. It is necessary to exchange information substantially and to consult with the IAEA on future assistance. 18 Since that time all nuclear objects are under guarantees of the IAEA and all nuclear activity of Kazakhstan is carried out according to its rules and standards. According to the Protocol the Agency has the full right and obligation to ensure that safeguards is applied, in accordance with the terms of the Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territory of Kazakhstan, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.19 In the additional agreement between Republic of Kazakhstan and IAEA organization there were several articles that were devoted to the sharing of the information in the Atomic use And one of them is the Complementary Access of the information. Pursuant to Article 5 of the Additional Protocol that speaks: Kazakhstan shall provide the Agency with access to:
17

Nathalie LJT Horbach, 1999 Assistance Programmes of the International Atomic Energy Agency to CEEC/NIS Available from http://heinonline.org/HOL/LandingPage? collection=journals&handle=hein.journals/jenrl17&div=29&id=&page= [assessed on the 1 st of Feburary]
18

Technical Secretariat of the Committee on Cooperation for the Destruction of Nuclear Weapons Reduced in the Republic of Kazakhstan, 2005 19 Agreement of 26 July 1994 Between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Article 2 Sageguard Application

10

a. (i) Any place on a site; (ii) Any location identified by Kazakhstan under Article 2.a.(v)-(viii); (iii) Any decommissioned facility or decommissioned location outside facilities where nuclear material was customarily used. b. Any location identified by Kazakhstan under Article 2.a.(i), Article 2.a.(iv), Article 2.a.(ix)(b) or Article 2.b., other than those referred to in paragraph a.(i) above, provided that if Kazakhstan is unable to provide such access, Kazakhstan shall make every reasonable effort to satisfy Agency requirements, without delay, through other means. c. Any location specified by the Agency, other than locations referred to in paragraphs a. and b. above, to carry out location-specific environmental sampling, provided that if Kazakhstan is unable to provide such access, Kazakhstan shall make every reasonable effort to satisfy Agency requirements, without delay, at adjacent locations or through other means.20 In general it is fair to say that by ratifying convention on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons Kazakhstan took a step forward for international openness about their peaceful activities in atomic energy. Furthermore, Republic of Kazakhstan took obligation to execute the International Requirements of Safe Atomic energy use. According to the IAEAs activities, one of the major steps in providing help to the developing countries in using of the nuclear energy in the safe way is giving technical assistance to the developing member countries. It happens in the in the form of expert services, equipment, and training, with the objective of facilitating technology transfer in various fields related to nuclear energy. The major fields in which assistance is provided are nuclear safety, the application of isotopes and radiation in agriculture, and nuclear engineering and technology. 21 The supplementary agreement on provision of technical assistance between Kazakhstan and IAEA went into force on the 27 of March 1997. Kazakhstan approved the IAEA's Coordinated Technical Support Plan (CTSP). The CTSP is intended to be the main tool in helping Kazakhstani and facility authorities in meeting their nonproliferation and nuclear material accounting responsibilities. The CTSP identifies the needs to be addressed, the timeframe over which the associated activities are to be conducted, and the areas of intended contribution from each of the donor states. Furthermore, the IAEA has also given legislative assistance to Kazakhstan aimed at establishing a comprehensive framework of legislation covering all areas of nuclear activity. In November 1999, the IAEA agreed to sponsor an international peer review of the BN-350 shutdown plan being developed through three joint US/Kazakhstan-led workshops in 2000. 22 On the 30 th of October 1997 9 Agreement on the Privileges and Immunities of the International Atomic Energy Agency under the provisions of a law signed by President Nursultan Nazarbayev. 23 There are privileges and immunities that provide greater privileges and immunities that enjoyed by the member state countries as well as for the agency itself. In addition to these regulations Kazakhstan is following The Code of Practice related to the transboundary movement of radioactive waste24. Additionally, since 1961, the IAEA has regularly updated and published standards for safe packaging and handling of waste in
20

Protocol Additional to the Agreement betweenthe Republic of Kazakhstan and the International Atomic Energy Agency for the Application ofSafeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Article 5 21 Encyclopedia of the Nations. The International Atomic Energy Agency (IAEA) Activities. Available from http://www.nationsencyclopedia.com/United-Nations-Related-Agencies/The-International-Atomic-Energy-AgencyIAEA-ACTIVITIES.html [assessed on the 7 th of Feburary] 22 NTI. Kazakhstan International Assistance Program. Available from http://www.nti.org/db/nisprofs/kazakst/forasst/internat.htm [assessed on the 14 th of Feburary] 23 Id

11

international trade, called IAEA Safety Standards Series No. St-1.9725. Today most developed countries such as USA adopted and following this particular Code of Practice in order to perform a best practice. This Code of Practice related to regulating transboundary movement of radioactive waste calls upon IAEA member States to take appropriate actions that makes sure radioactive waste is disposed on the territory is managed in the safe manner. 2.2 Other Relevant International Treaties. Along with the conventions that were mentioned before Kazakhstan joined the Convention on physical protection of nuclear material in December 22, 2004. According to the Ministry of Industry and New Technologies Convention is a basic international agreement regulating the issues of ensuring physical security of nuclear activities. In fact, The Convention is the only international legally binding undertaking in the area of physical protection of nuclear material. It establishes measures related to the prevention, detection and punishment of offenses relating to nuclear material.26 And on the 25 th of Feburary the Senate of the Republic of Kazakhstan adopted the Law 'On ratification of the Amendments to the Convention on the physical protection of nuclear material' at the plenary sitting. The Amendment to the Convention is called to improve the mechanism of cooperation between the member states of the Convention. Besides, it is aimed at improving and promoting the role of the International Atomic Energy Agency in the world as one coordinating center in case of a challenge to nuclear security. The Amendment was adopted at the diplomatic conference held on July 4-8 in 2005 in Vienna27 Furthermore, Kazakhstan ratified the Vienna Convention on Civil Liability for Nuclear Damage of 1997 (Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 as amended by the Protocol of 12 September 1997)". The convention is aimed at establishing standards and criteria for providing financial protection from damage caused by particular nuclear accidents"28 On the 15 th of January 2010 the Senate of the Republic of Kazakhstan has approved the Law "On ratification of the Convention on Early Notification of a Nuclear Accident" at the plenary session. The provisions of the Convention were aimed at supporting legal foundation for early notification of nuclear accident which let reach minimum of trans-border radiation impacts.29 The scope of this particular convention is determined in the following way. According to the Article 1 of the Convention on the Early Notification of a Nuclear Accident that applies in the event of any accident involving facilities
or activities of a State Party or of persons or legal entities under its jurisdiction or control, referred to in paragraph 2 below, from which a release of radioactive material occurs or is likely to occur and which has resulted or may result in an international transboundary release that could be of radiological safety significance for another State. 2. The facilities and activities referred to in paragraph 1 are the following:
24

. Code of Practice on the International Transboundary Movement of Radioactive Waste, International Atomic Energy Agency Doc. GC(34)/RES/530 (Sept. 21, 1990) [hereinafter IAEA Code of Practice], available at http://www.iaea.or.at/worldatom/Documents/Infcircs/Others/inf386.shtml. [assessed 26 of March] 25 By Sewall, Bella K, 2003. Can Kazakhstan profit from radioactive waste? Domestic and international legal perspectives on a proposal to import radioactive waste 26 IAEA.org. Convention on the Physical Protection of Nuclear Material. Available from http://www.iaea.org/Publications/Documents/Conventions/cppnm.html [asssessed on the 20 th of Feburary] 27 Kazinform. Senate retified Amendment to Convention on Physical protection of Nuclear Material. Available from http://www.kazinform.kz/eng/article/2355291 [assessed on the 25 th of Feburary] 28 Kazinform. Senate ratified Vienna Convention on Civil Liability for Nuclear Damage. Available from http://www.kazinform.kz/eng/article/2355291 [assessed on the 26 th of Feburary] 29 Kazinform Senate ratified Convention on early notification of nuclear accident. Available from http://www.inform.kz/eng/article/2227570 [assessed on the 25 the of Feburary]

12

(a) Any nuclear reactor wherever located; (6) Any nuclear fuel cycle facility; (c) Any radioactive waste management facility; (d) The transport and storage of nuclear fuels or radioactive wastes; (e) The manufacture, use, storage, disposal and transport of radioisotopes for agricultural, industrial, medical and related scientific and research purposes; and (/) The use of radioisotopes for power generation in space objects.30

Moreover, Kazakhstan is a party to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management that was signed on 29 th of September 1997. 31 And on the 7 th of January 2010 the Parliament considered ratification of Joint Convention on Safety of Spent Fuel Management and on Safety of Radioactive Waste Management. The bill On ratification of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management has been submitted under consideration of the Lower House of the Kazakh Parliament. This particular convention will be promoted further development of international cooperation of Kazakhstan in the field of peaceful usage of nuclear energy.32 Speaking about the convention it should be pointed out that the Convention combines two subject matters, particularly the safety of spent fuel management and the safety of radioactive waste management in a joint structure which represents its essential originality. Pursuant to article 3 which primarily focused on the specific activities rather than substances. Also the convention applies with the several restrictions to: (i) the safety of spent fuel management, identified as all activities that is related to the handling or storage of spent fuel, excluding off-site transportation33 (ii) the safety of radioactive waste management identified as all activities counting decommissioning activities that related to the handling, pretreatment, treatment, conditioning, storage and disposal of radioactive waste, excluding off-site transportation (iii) the safety of management of spent fuel or radioactive waste that is resulted from military of defence programs (if and when such materials are transferred permanently to and managed within exclusively civilian programmes, or when declared as spent fuel or radioactive waste for the purpose of the convention by the contracting party )34 (iv) defined as planned and control that release into the environment as a legitimate practice, within limits authorized by the regulatory body of liquid or gaseous radioactive materials that is originated from regulated nuclear facilities duting the normal operation. Mentioning of the Obligation should be pointed out that obligation is undertaken by the Contracting Parties that are principally of two types. According to the Tonhauser and Jankowitsch-Prevor who wrote comments on the Convention the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management the Chapter 2, 3 and 4 describe the general obligation de moyens. Those obligations are based on the large extent on the modified provision of the Convention on Nuclear Safety and on the principles contained in the IAEA Safety Series document No. 111F, The principles of Radioactive Waste Management. More preciously the Contracting
30

Convention on early notification of a nuclear accident.Adopted by the General Conference of the International Atomic Energy Agency at Vienna on 26 September1986. 31 Official site of the Embassy of Kazakhstan in Austria. International Atomic Energy Agency IAEA. Available from http://www.kazakhstan.at/index.php?id=32 [assessed on the 27 th of Feburary]
32

Kazinform, Makulbekov. Available from http://www.inform.kz/eng/article/2225017 [assessed on the 28 th of Feburary]

33

The text of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management 34 Id

13

party are required to take the appropriate legislative, regulatory and administrative measures to execute the safety of spent fuel and radioactive waste management and to make sure that the society, individuals and the environment are adequately protected against radiological and other hazards, inter alia, by the special as well as appropriate design and construction of the facilities. 35 The second type is contained in the Chapter 6 which is a different nature. There is a peer review mechanism which is directly binding on Contracting Parties. 36 By joining to Convention on Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management Kazakhstan certainly constituted a further development in codifying of the nuclear safety norms. 2.3. BILATERAL AGREEMENTS On October, 2010 the President of the Republic of Kazakhstan, and Yves Leterme, the Prime Minister of the Kingdom of Belgium, a Memorandum of Understanding between JSC 'NAC 'Kazatomprom', the National Nuclear Centre of Kazakhstan (NNC) and the Belgian Nuclear Research Centre (SCK CEN) bilateral document was signed.37 Yhr interest of the two parties falls in one direction that is peaceful use of nuclear energy and technology, this particular agreement will strengthen the cooperation in the same areas : : Radioactive waste management; Experience in start-up, operation and decommissioning of BN-350 fast breeding reactor; Establishment of bilateral and multilateral scientific and educational centers as a new instrument of international cooperation; Staff training; Exchange of scientists and organization of joint scientific activities.38 Also there was signed a bilateral agreement between Government of the Republic of Kazakhstan and the European Atomic Energy Community (Euratom) in the field of peaceful uses of atomic energy on November 30, 2006 whereas the parties agreed the purpose of this Agreement is to establish a framework for cooperation between the Parties in the peaceful uses of atomic energy, to strengthen the comprehensive cooperation between Kazakhstan and the Community on the basis of mutual benefit, without prejudice to the rights of each Party.39 In the stated agreement the parties explicitly identified the scope of using the atomic energy in the peaceful way. That is Cooperation may include, inter alia, the following areas: a) The application of atomic energy in medicine and industry, including power generation; b) The impact of atomic energy on the environment; c) any other area of nuclear research and development agreement between the Parties and to the extent that they are covered by their respective programs. 3. Cooperation shall, in particular by: a) exchange of technical information through reports, during the visits, seminars, technical meetings, etc.; b) exchange of personnel between the interested laboratories and / or organizations of the Parties, including training;
35

Wolfram Tonhauser and Jankowitsch-Prevor, 2006 International Nuclear Law in the post Chernobyl Period. Available from http://www.oecd-nea.org/law/chernobyl/TONHAUSER_JANKOWITSCH.pdf [assessed on the 1 st of March]
36 37

Id All Business A D&b Company Information message on the results of JSC 'NAC 'Kazatomprom' delegation visit to the Kingdom of Belgium on October 25-26, 2010 available from http://www.allbusiness.com/sciencetechnology/nuclear-science/15245236-1.html [assessed on the 1 st of April] 38 Id 39 Agreement on Cooperation between the Government of the Republic of Kazakhstan and the European Atomic Energy Community (Euratom) in the field of peaceful uses of atomic energy N1159, Article 3

14

c) exchange of samples, materials, equipment and instrumentation for experimental purposes; d) a balanced participation in joint research and other joint activities40 Such collaboration certainly will make the nuclear industry of Kazakhstan more stable and safe for the environment as well as for the society itself. There were signed many agreements with the other countries in the nuclear energy but here the are major ones: The Agreement between the Russian Federation and the Republic of Kazakhstan on the Peaceful use of Atomic Energy. The Agreement between the Russian Federation and the Republic of Kazakhstan on Transportation of fission materials. Agreement of KAEA and GAEN of the Russian Federation on co-operation in the field of nuclear safety. Agreement of KAEA and NRC of the USA on technical information exchange and cooperation in the field of nuclear safety. The Agreement for Co-operation between the United States of America and the Republic of Kazakhstan concerning Peaceful uses of nuclear energy. The Agreement for co-operation between European Atomic Energy Community and the Republic of Kazakhstan in the field of nuclear safety41 2.4. Fundamental Principles of Radioactive Waste Management As it is widely known radioactive waste, as a source of ionizing radiation, has long been recognized as a potential hazard to human health. National regulations and internationally recommended standards and guidelines dealing with radiation protection and radioactive waste management have been developed. 42 The IAEA integrates fundamental principles that set in the coherent standards, guides and practices for achieving safe radioactive waste management. Principle 1: Protection of human health Radioactive waste shall be managed in such a way as to secure an acceptable level of protection for human health. Mining and chemical plant operations should be controlled. An acceptable level of protection from the ionizing radiation to the humanity needs to be provided. Special attention should be paid to controlling the various ways by which humans might be exposed to radiation and to ensuring that such exposure is within established national requirements. Principle 2: Protection of the environment Radioactive waste shall be managed in such a way as to provide an acceptable level of protection of the environment. Radioactive waste disposal may have adverse impact on the future availability or utilization of natural resources, for example, land, forests, surface waters, groundwater and raw materials, over extended periods of time. Radioactive waste management, therefore, should be conducted in such a way as to limit, to the extent practicable, these effects.
40 41

Id, Article 6 Available from http://wwwpub.iaea.org/mtcd/publications/pdf/cnpp2003/cnpp_webpage/PDF/2002/Documents/Documents/Kazakhstan %202002.pdf [assessed on the 1 st of April] 42 The Principles of Radioactive Waste Management, IAEA, Vienna, 1995

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Principle 3: Protection beyond national borders Radioactive waste shall be managed in such a way as to assure that possible effects on human health and the environment beyond national borders will be taken into account. This principle is derived from an ethical concern for human health and the environment in other countries. It is based on the premise that a country has a duty to act responsibly and, as a minimum, not to impose effects on human health and the environment in other countries more detrimental than those which have been judged acceptable within its own borders. In fulfilling this duty a country should take into account recommendations of international bodies such as the ICRP and the IAEA, notably the concept of optimization of radiological protection. Principle 4: Protection of future generations Radioactive waste shall be managed in such a way that predicted impacts on the health of future generations will not be greater than relevant levels of impact that are acceptable today. This principle is derived from an ethical concern for the health of future generations. While it is not possible to ensure total isolation of radioactive waste over extended time-scales, the intent is to achieve reasonable assurance that there will be no unacceptable impacts on human health. This is typically achieved by applying the multibarrier approach in which both natural and engineered barriers are utilized. Principle 5: Burdens on future generations Radioactive waste shall be managed in such a way that will not impose undue burdens on future generations. Consideration for future generations is of fundamental importance in the management of radioactive waste. This principle is based on the ethical consideration that the generations that receive the benefits of a practice should bear the responsibility to manage the resulting waste. Limited actions, however, may be passed to succeeding generations, for example, the continuation of institutional control, if needed, over a disposal facility. Principle 6: National legal framework Radioactive waste shall be managed within an appropriate national legal framework including clear allocation of responsibilities and provision for independent regulatory functions. All countries in which radionuclides are being produced or used should develop a national legal framework providing laws, regulations and guidelines for radioactive waste management, taking into account overall national radioactive waste management strategies. The responsibilities of each party or organization involved should be clearly allocated for all radioactive waste management activities that take place in a country. Principle 7: Control of radioactive waste generation Generation of radioactive waste shall be kept to the minimum practicable. The generation of radioactive waste shall be kept to the minimum practicable, in terms of both its activity and volume, by appropriate design measures and operating and decommissioning practices. This includes the selection and control of materials, the recycle and reuse of materials, and the implementation of appropriate operating procedures. Emphasis should be 16

placed on the segregation of different types of waste and materials to reduce the volume of radioactive waste and facilitate its management. Principle 8: Radioactive waste generation and management Interdependencies Interdependencies among all steps in radioactive waste generation and management shall be appropriately taken into account. One of the important step in the radioactive waste management is pretreatment, treatment, conditioning, storage and disposal. There are interdependencies among and between steps in waste management. Decisions on radioactive waste management made at one step may foreclose alternatives for, or otherwise affect, a subsequent step. Principle 9: Safety of facilities The safety of facilities for radioactive waste management shall be appropriately assured during their lifetime. During the siting, design, construction, commissioning, operation and decommissioning of a facility or closure of a repository, priority needs to be given to safety matters including the prevention of accidents and limitation of consequences should accidents occur. Throughout this process account is typically taken of public issues.43 These principles aimed at establishing coherent and comprehensive set standards for the safe management of waste and formulating the guidelines necessary for their application, created by IAEAs Radioactive Waste Standards (RADWASS) All States memebers of the IAEA are encouraged to follow to those particular standards.

III. Radioactive Waste in the Republic of Kazakhstan According to the research that was done by Zhanatkin T and Shaipov M in 2007, the main sources of the RW formation as well as it locations in the country are: -waste from the uranium mining industry -waste from the Soviet Nuclear tests over 1950-1990 -waste from production of nuclear energy -waste from non-uranium branches of industry -waste from enterprises that produce and use radioisotopes

43

Id

17

Figure 1 Shows the distribution of RW in Kazakhstan The researchers highlighted that a rough estimation of the RW in Kazakhstan is 220 million tones, including low and intermediate RW. There was also indicated that the majority of RW in Kazakhstan derives from the mining activities. Its distribution represented in the particular way: About 25 million tones in the South part of Kazakhstan formed due to tree sealed uranium deposits About 80 million tones in the northern part of Kazahstan formed due to exploring and Mining of uranium deposits and processing the uranium ores About 100 million tones in the western part of Kazakhstan formed due to exploitation of uranium deposits. According to the law on Atomic Energy Use Radioactive waste are radioactive materials, nuclear materials or radionuclide sources further use of which is not provided44 In Kazakhstan, there are six major uranium geological provinces, many smaller deposits and occurrences of uranium, which cause elevated levels of natural radioactivity, the waste accumulated in the uranium mining companies and locations of nuclear explosions.45 Currently, due to the large volume of work for mining and processing of radioactive ores. operation of nuclear reactors and extensive use of radioactive radiation sources in the national economy in the republic after the collapse of the Soviet Union faced with he problem of dispose radioactive waste. Taking into consideration of those potential hazardous to the health as well as to the environment there should be proper state regulation for the handling of RW. 3.1. State Regulation of RW handling The State Regulation of RW handling is bound with the use of atomic energy that can be considered in the following way: normative legal regulation, license regulation, supervision regulation. Normative Legal Regulation includes: developing safety criteria
44 45

Law on Atomic Energy Use. Chapter 1, General Provision from 30 November 2009 1958 Available from http://veep.kz/rus/referat/ekolog/473-yekologicheskie-problemy-v-mire-i-v-kazaxstane.html [assessed in the 1 st of May ]

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 creation of the system of standards and safety rules establishment of legal base of public relations regulations in the sphere of atomic energy use Licensing includes: examination and expertise of safety grounds creation of license action conditions The following governmental control and supervision over the safe use of nuclear energy are the following: collecting and analyzing information concerning the safety of nuclear facilities organization and conduct of inspections, analysis of their results sanctions for violations of security requirements46 3.2. Legal Regulations The following laws are developed in the Republic of Kazakhstan Law on the Atomic Energy Use ( 93-1) in 1992 Law on Radiation safety of the population (219) in 1998 Law on Environment Protection ( 160-1) Law on Licensing ( 2200) in 2007 The Law on the Atomic Use provides with principles of the state policy in the field of the atomic energy use. Also there is indicated the responsibilities of the state bodies as well as the mandatory provisions of the activity. Furthermore, the law prohibits disposal of the radioactive waste from other countries. This provision guarantees to Kazakhstani citizens a right to the healthy environment as well as the right from the radiation exposure. The existence law on the atomic Energy Use provides protection from the radiowaste that produced within the country. The law on Radiation safety of the population provides with the principles that controls the radiation in this way providing radiation safety, state management as well as supervision in the sphere of atomic energy. In another words, the Law on the radiation safety of the population regulates domestic radioactive materials. There is special aspect regarding the disposal that described in more detail, regulated by special executive decree. There is also staying rules that promulgated by the administrative agencies, including rules on the licensing of the activity related to the radioactive waste disposal. The Law on the Environment protection provides the Legal and Economic ground for the preserving of the Environment in this way creating an Ecological safety as well as preservation of the biological diversity and organization of a rational management of nature.47 The Law on Licensing relates to the Use of Atomic Energy regulate facilities dealing with radioactive material and establish a mandatory licensing procedure. Under these acts, the Committee on Atomic Energy of the Ministry of Industry and New Technologies issues licenses for the creation, use, processing, transport, or storage of radioactive materials. Regulations stipulate the procedures according to which licenses will be issued, establishing requirements that the licensee must meet to qualify and documents that must be submitted for the license application to be considered 48 To receive a license, it is necessary to obtain approval from the Ministry for Environmental Protection and the Sanitary-Epidemiological Service.
46

Kim. A. Regulatory aspects of nuclear safety in the Republic of Kazakhstan, Astana, 2010 Available from http://static.caspianworld.com/speech/power/2010/kazatomexpo/Kim.ppt [assessed in the 21 st of April] 47 Zhanatkin T and Shaipov M, The NATO Advanced Research Workshop Regulatory Approach for Managing Radioactive waste in the Republic of Kazakhstan , p.30. Springer 2007
48

Decree of Feb. 12, 1998 on the licensing of activities connected with the use of atomic energy, confirmed by the decree of the Republic of Kazakhstan of Feb. 12, 1998, No. 100

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3.3 The Provisions for radioactive waste disposal in the Republic of Kazakhstan The Provisions for radioactive waste disposal in the Republic of Kazakhstan (N1283) were enforced by the Government Decree of 18 October 1996.49 In the stated provision, there is defined the order for radioactive waste disposal in the bowels of earth, the procedure for obtaining permission from the regulatory bodies for its disposal in the bowels and also establishes the list of necessary documents for this procedure. In the provision there is set the authority of the various state body regulators as defined in the following way: Parliament Government

Ministry of Environment Protection

Ministry of Health

Ministry of Industry and New Techno-es

Ministry of Emergency Situations

Ministry of Internal Affairs

Territorial Authorities

Sanitary Epidemiolgical Service

Atomic Energy Committee

Committee For State Control of Emer-ies And Ind-al Safety

Territorial Authorities

Territorial Authorities

Territorial Authorities DES

Specialized Departments

Figure 2. State Agency Regulations of the Use of Nuclear Energy in the Republic of Kazakhstan 3.3.1. Ministry of Industry and new Technologies (Kazakhstan Atomic Energy Committee KAEC) The main duties of the KAEC are:
49

T. Zhunussova, O. Romanenkob, M. Snevea, A. Kimc, I. Tazhibaevab, A.Lilanda. Regulations for radioactive waste handling for long-term storage and final disposal in Kazakhs

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 Issuance of licenses to legal and physical entities on the right of fulfillment of work with RW including RW disposal (design of disposal sites, construction, commissioning and operation, special refinement, reprocessing, transportation and disposal) Issuance of conclusions about possible future use of RW from disposal, except waste of radioactive balance minerals in tailings belonging to ore mining and exploration enterprises of the uranium industry50 Issuance of licenses on the right for RW disposition for legal and physical entities and to construct near-surface and geological disposition facilities for storage, disposal of RW and also to issue licenses for parts of disposition works separated for recultivation of mine tailings mining elaboration works. Issuance of conclusions to interested legal entities regarding possible use of mine tailings for extraction of trace minerals. 51 3.3.2. Ministry of Environmental Protection The following duties are carried out by Ministry of Environmental Protection: State Ecological oversight of RW storage/disposal sites projects Issuance of ecological conclusions on works, connected with RW storage disposal for getting license Issuance of permission on RW disposal Ecological control of RW storage/disposal sites 3.3.3 Ministry of Health Responsible for the following duties: State sanitary-hygienic oversight of construction projects for RW storage/disposal sites State sanitary-hygienic control of RW storage/disposal Issuance of sanitary passports for RW storage/disposal sites 3.3.4. Ministry of Emergency Situations Coordinates the following duties: Construction projects for RW storage disposal sites RW technology reprocessing using blasting operations and virulently poisonous substances The design stage, provision of supervision on technical equipment 3.3.4. Ministry of Internal Affairs Carries out: Coordination of construction projects for RW storage (disposal/sites) Organization of defense and guarding of RW storage/disposal sites to interdict the theft of radioactive substances. 3.3.5. Local Executive Authorities Responsible for:
50

Zhanatkin T and Shaipov M, The NATO Advanced Research Workshop Regulatory Approach for Managing Radioactive waste in the Republic of Kazakhstan , p.31. Springer 2007
51

Id

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Drawing up of an act on land place with district calculation of losses of agricultural and wood industry, protocols of agreement of interested sides Drawing up of a decision of withdrawal and grant of land place for radioactive waste storage (disposal/sites)52 3.3.6. Responsibilities and Necessary Documents of the RW Provision The Provision obliged with main responsibilities of physical and legal entities which activity related to the RW. It is stated with a required list that regulates the activity of RW: Statement of expending of radionuclide sources Statement of radiometric survey according to appendix of the acting regulations Balance sheet of minerals mining License to perform work with radioactive substances (waste) Statement of preliminary site selection for RW storage/disposal sites License for the right of disposition (only for near-surface and deep sites for RW storage/disposal) Design of construction of storage/disposal sites Decision on withdrawal and grant land for RW storage/disposal sites (only for near-surface and deep sites for RW storage/disposal) Emergency preparedness instruction for the population in the case of incidents or other extreme circumstances Logbook of radioactive waste 3.4. Role of Kazakhstan Atomic Energy Committee Kazakhstan Atomic Energy Committee (KAEC) is department of Ministry Industry and New Technologies, which exercises special state supervision of the maintenance of nuclear and radiation safety on the territory of the Republic of Kazakhstan. One of the main duties of the department is to implement the licensing of activities associated with atomic energy use and to control observance of normative legislation acts in the sphere of atomic energy use by physical and legal entities. 53 3.4.1. Regulation of Normative Legal Documents Committee approves a list of key regulatory, legal documents in the field of atomic energy. List of KAEC, which is a regulatory framework for the regulation of nuclear and radiation safety, contains more than 200 documents. There should be indicated a characteristics that are included in the norms of accident prevention with RW treatment. The norm of the radiation safety (NRB) was enforced by the resolution of the state sanitary inspector of the Republic Kazakhstan by 10 from 09.12.09.54 The current regulation was developed in conjunction with International Safety Standards from the ionized radiation adopted by Food and Agriculture Organization of IAEA, UN, Organization of Economic Collaboration and Development, Pan-American and World-wide Health Organizations (safety series N115, 1996).55 The norms basically provide the allowable levels of ionizing radiation and other demands on human irradiation constraints. The Ministry of Health Kazakhstan approved the Sanitary-hygienic demands to radiation safety guarantee.56 The further requirements were established: Radiation objects site and design
52

Zhanatkin T and Shaipov M, The NATO Advanced Research Workshop Regulatory Approach for Managing Radioactive waste in the Republic of Kazakhstan, p.32. Springer 2007 53 Kim. A, 2010 Regulatory aspects of security of nuclear activities in Kazakhstan 54 Norms of radiation safety NRB-99 10 from 09.12.09. SR 2.6.1.758-99 55 Zhanatkin T and Shaipov M, The NATO Advanced Research Workshop Regulatory Approach for Managing Radioactive waste in the Republic of Kazakhstan , p.33. Springer 2007 56 N97 from 31.03.2003 of the Minister of Health

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 Organization management for radiation sources Delivery, accounting, storage, and transport of radiation sources Work with sealed radiation sources, technical systems, and sanitary inspection room and lock (sluice) structure, and radiation control during the work with radiation sources RW treatment Radiation safety at radiation emergency, medical radiation The main demands for guaranteeing radiation safety at different stages of RW management are: Accumulation, temporary storage, transport, receiving, processing, and final disposition of RW Radiation safety in disposal and equipment of RW disposition sites, radiation control, account and control of RW, emergency preparedness, occupational exposure measures, and personal hygiene 3.4.2. License Regulation KAEC is responsible for the licensing of activities that are related to the atomic energy use. And treatment of the RW associated with the atomic energy use. So, there are two basic legal grounds exists for the process of licensing. The special provision on Licensing of Activities Associated with Atomic Energy Use was adopted 1998 of the Government Decree. 57 This document determines qualifying requirements for physical and legal entities, and the procedure and conditions of license issue. So, these are the following stages: Examination of the statement on licensee issue and carrying out of preliminary checking of documents presented for license issue Assessment of documents confirming nuclear and radiation safety guarantee and if it is necessary the carrying out of scientific-technical expertise of the provided documents for safety basis If it is necessary to carry out inspection with the aim of examination of availability and adequacy grounds for safe performance of declared activity Formation of license activity conditions Issuance of license Thus, it obviously seen that Committee has developed and approved licensee regulation which determines the procedure of consideration of license application statement and documents. 3.4.3. Supervision Regulation Supervision as a form of inspection that includes examination of the organization activity, which assess the works, construction, documentation as well as equipment that approaches safety requirements for the use of atomic energy. Inspections are carried out: At licensing At fulfillment of supervision activity At checking of appeals, statements, and other official statements except anonymous ones, and also with participation of the IAEA in inspections on safeguards implementation, examinations carried out by other state bodies58 Generally, the legislative system of Kazakhstani approach toward the RW treatment was positively changed. Necessary legislative acts were adopted in Kazakhstan. There is identified the limit ionized dose. There should be pointed out those limits are pursuant to the recommendations of the main International Basic Safety Standards for Protection from Ionizing
57

Law on Licensing, Article 13 Provisions on Licensing of Activities Associated with Atomic Energy Use from 2 April, 2010 262-IV 58 Id

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Radiation (INSAG 1996). Furthermore, licensing activities associated with atomic energy use established qualifying requirements to physical and legal entities whose are bound with RW treatment. Also The Environmental Code of Kazakhstan that was enforced in January 2007. The Code explicitly contains a sufficient amount of attention toward the radioactive waste. Thus, the Code determines that disposal of the wastes are allowed in specially designated polygons. On the polygons may be placed only those types of waste which are allowed to be placed on this test site and the right to be allocated which is confirmed by the environmental permit. All 59 obligations to ensure the environmental requirements at the site assigned to the owner of the polygon. At the landfill may be placed only those types which are allowed to be placed on this test site. The owner of polygon receives the waste to the ground depending on the respective type of waste. 1. Class 1 - landfill for disposal of hazardous wastes; 2. Class 2 - disposal of the non-hazardous waste; 3. Class 3 disposal of the inert waste. Polygon owner takes all measures to monitor the impact on the environment, as well as activities for closure and reclamation of the landfill. Radioactive waste disposal is carried out in designated locations around each of which is established by the sanitary-protective zone. Moreover, in the Environmental Code of RK there is sufficiently clear distinction between the issues of ownership of the waste production and consumption. In accordance with paragraph 1 of Article 283 EC of the RK physical and legal entities which activities generate waste production and consumption, represents the owners and basically responsible for the safe handling of waste from their inception. The Right of ownership of the waste may be acquired by another person under a contract of sale, exchange, gift or other transaction for the alienation of waste. Also, owners of the waste can transfer their rights to physical and legal entities interested in using them. There is also indicated the waste without the owner or unknown, those types of waste are considered the Republicans property or municipal property. And the last one, all the time there is support from the International Organization reviewing documents, rules, norms license conditions for management of RW and trying to keep it with international safety standards. 3.5. Storage and disposal of radioactive waste in the Republic of Kazakhstan In Kazakhstan there are temporary, operational waste storages that located near the operational uranium company due to which these RW are formed. 60 These particular storages constructed in accordance with the pre-existing at the time of construction rules. There is satisfactory condition and provided an acceptable level of security. Pursuant to the Concept of Development of Atomic Energy of the Republic of Kazakhstan which was adopted in 1993 for the construction of regional storages as well as burial mound for the medium and high activity. 61There are recommended the following sites: Western Region - site 30 km southwest of the town Zhanauzen Mangistau region, the storage facility is supposed to arrange a deposition of clay, whose power reaches 900 m, the depth of 30 m Southern region - the area on the north-west of Zhambyl region, the storage facility would be located in salt domes. Eastern Region -, storage is expected to arrange a granite massif Degelen Northern region - the storage facility is supposed to allocate in the exhaust-Covernmnetal uranium mines Tselinnyi Mining and Chemical Combine
59 60

Ecological Code of Kaakhstan, 2007. Environmental requirements imposed on Disposal of the Waste. Ryskaliyeva. A, Khassenova.S Treatment of the Radioactive Waste in Kazakhstan, p.35. Analytical Review, 2008 61 Conceptual Disposal of RW in Kazakhstan. Almaty, 1993

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III. Possible Scenario for Kazakhstan to import radioactive waste from foreign countries. Nowadays the question of Atomic perspective as well as the disposal of the radioactive waste is central part of the politics of Kazakhstan. The understanding of the earning of the profit on the radioactive waste have not left without the states official attention as well as the group of people who are interested in this matter. The proposal to import radioactive waste to Kazakhstan emerged from the report On the Radioecological Situation on the Territory of Kazakhstan delivered by Mukthar Dzhakishev, the former President of the National Atomic Company Kazatomprom, to the Parliament on June 18, 2001.62 In his report Mr. Dzhakishev stated that huge amounts of radioactive waste accumulated on the territory of Kazakhstan as a result of 40 years of Soviet nuclear testing, waste produced by research and commercial reactors, and the operation of industrial sectors including uranium and non-uranium mining. In the report there is clearly stated approximately 1.1 billion would be needed to re-cultivate contaminated territories, dispose of all radioactive waste, and enhance Kazakhstans overall radiation safety. Due to the fact only $1 million was allocated from the republic budget for these purposes in 200163, and it is obviously understandable country will need to find external sources of funding to cope with the problem of its radioactive waste. According to Mr. Dzhakishev the preliminary estimation of benefit from the import of radioactive waste is from $30 to $40 billion over a 30-year period by allowing commercial imports of radioactive waste.64 13In an interview with The Guardian, Dzhakishev suggested that potential customers for Kazakhstan's waste disposal services could be the United Kingdom and other small EU countries with limited land available for waste disposal65. This particular issue was brought to the attention of citizens of aktau city because according to the suggestion the radioactive waste may be deposited in the exhausted open-cast uranium mines of the Open Joint Stock Company Kaskor located in Mangistau Province in western Kazakhstan. This site is about 30 km from the city of Aktau, a sea port on the Caspian Sea. 66And citizens are much more concerned about the waste is not being and will not be handled safely. In August of 2001, the President of Republic of Kazakhstan, Nursultan Nazarbayev shared with his opinion, the import of Radioactive waste is possible as long as the strict rules as well as the measures would be taken in the country. Furthermore, in the Law on Atomic Energy Use, particularly Article 3, Provision 3 prohibits the disposal of the foreign radioactive waste on the territory of Kazakhstan67. And The Law "On Environmental Protection" establishes a total ban on the import of radioactive waste from other countries into Kazakhstan, including the import of radioactive materials for either temporary storage or permanent interment. The researcher in this part wants to demonstrate the weakness of the claim to import the foreign radioactive waste into Kazakhstan. So, despite of the fact that Kazakhstan is a member state of IAEA that approaches the safety standards of the for all activities connected
62

NIS Nonproliferation Program. Center for Nonproliferation Studies (CNS) . Monterey Institute of International Studies Kazakhstans Proposal to Initiate Commercial Imports of Radioactive Waste. Available from http://www.nti.org/e_research/e3_22a.html [assessed in the 3 d of May 2011] 63 Id 64 . Zakhorenenie radioaktivnikh otkhodov: "za" i "protiv" [Disposal of Radioactive Wastes: "For" and "Against"], EXPRESS-K, Sept. 6, 2001, N167; Kanat Shaimerdenov, President "kazatomproma" prodolzhaet propagandirovat ideyu sozdaniya v RK mogilnika dlya radioactivnukotkhodov [President of Kazatomprom Continues to Promote Plan to Create a Graveyard for Radioactive Waste in Kazakhstan], PANORAMA, Apr. 26, 2002, N16(483). 65 Paul Brown, Kazakhstan Reveals Solution to Nuclear Waste Crisis: Import More, THE GUARDIAN, Nov. 21, 2002 66 Antiyadernaya kampaniya [Antinuclear campaign], ECOPRAVDA-KAZAKHSTAN, Jan. 13, 2003, No. 371, available at http://www.ecopress.lorton.com; Deputati mazhilisa, pobivashie c rahochei poezdkoi v Mangistau, namereni blokirovat ideyu o vvoze radiookhodov v Kazakhstan [Legislators, Returning from a Business Trip to Mangistau, Intend to Block Plans to Import Radioactive Materials to Kazakhstan], GAZETA.KZ, Jan. 7, 2003, available at http://www.gazeta.kz 67 Atomic Energy Use. Artticle 3( The Basic Princips of the State Politics in the area of atomic energy)

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with the production and use of atomic energy68. According to the mandate IAEA introduce Code of practice related to the transboundary movement of radioactive waste.69 Most developed countries such as the USA and UK are trying to meet those standards in order to present the best international practice in the use of atomic energy. Basically, the standards call the State Countries to handle with the radioactive waste in a proper manner as well as the managing of disposal in safety norms. But unfortunately Kazakhstan are not satisfying with those standard and the fact that only in Mangistau Region there is discovered violations associated with the radioactive waste.70 According to the examination that was held by the Environmental Authorities there is found 4 violations with the storage of the radioactive waste for which there were administrative penalties. And such cases are increasing in the Republic. Moving on to the import of the radioactive waste should be stated that according to the Code of Practice, particularly Article 3 ideally implies to the ambitious proposition of the country, that is explicitly states: No receiving State should permit the receipt of radioactive waste for management or disposal unless it has the administrative and technical capacity and regulatory structure to manage and dispose of such waste in a manner consistent with international safety standards. The sending State should satisfy itself in accordance with the receiving State's consent that the above requirement is met prior to the international transboundary movement of [radioactive materials]71 Thus, the Code of Practice prohibits the import of the radioactive waste until there would adequate attitude and attention towards the safety storage of the domestic radioactive waste. One should be bear in mind that The Code of Practice is not legal binding document but should be kept as a benchmark in determining the import of radioactive waste to Kazakhstan. The further support for the non- importing of the radioactive waste is not compatible with initial idea of the importing of the waste that was creating Special State Fund. All money generated from the Fund would be devoted to the elaboration of the program for domestically produced radioactive waste. Pursuant to the Tax Code of Kazakhstan, particularly Article 463.3 explicitly states. Payment of the charge to the budget shall be remitted on the basis of the location of the source (object) of environmental emissions specified in the permit document, with the exception of movable sources of pollution for which the payment shall be made to the budget where they passed state registration with the authorized agency.72 So, if this law is applied to the import of the waste program then money for the disposal of radioactive wastes will go directly to increasing general oblast revenues, rather than being dedicated to promoting safe disposal of radioactive wastes73. More specifically, the propose scheme of the getting money for the foreign waste disposal under the budgetary system, the payments for the disposal site is located. As it was mentioned earlier the primarily radioactive waste would be allocated in Mangistau oblast the Western part of the country. Under the legislation the revenues from the radioactive waste has to be send to the general budget of the receiving oblast, meaning that only Mangistau oblast would benefit from the program while the program aimed at the elaboration of the program for the domestically produced radioactive waste. Meaning that the radioactive waste other oblasts was not be adequately considered. Moreover, there should be highlighted that Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal, which entered into force on May 5, 199274. So, this particular Convention Requires the international monitoring to make sure that that transport of
68

. INTERNATIONAL LAW OF NUCLRAR ENERGY: BASIC DOCUMENTS xv-xvii (Mohamed M. El Baradei et al. eds., 1993). 69 . Code of Practice on the International Transboundary Movement of Radioactive Waste, International Atomic Energy Agency Doc. GC(34)/RES/530 (Sept. 21, 1990) [hereinafter IAEA Code of Practice], available at http://www.iaea.or.at/worldatom/Documents/Infcircs/Others/inf386.shtml. 70 Kazakhstan Today, 2008 There is Discovered Violations associated with the Storage of the Radioactive Waste in Mangistau Region 71 . IAEA Code of Practice, supra note 96, art. 3. 72 Tax Code of Kazakhstan. Article 463(3) 73 Sewall, Bella K, 2003 Can Kazakhstan profit from radioactive waste? Domestic and international legal perspectives on a proposal to import radioactive waste

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hazardous waste is carried out in accordance with international safety standards.75 Furthermore, on the 1st of January, 1998, a decision by consensus of the parties has banned all exports of hazardous wastes from the twenty-nine wealthiest and most industrialized countries of the Organization of Economic Cooperation and Development (OECD) to all non-OECD countries.76 The prohibition according to Basel Ban particularly on transfers from OECD to non OECD countries is popular known. It basically reflects a position of the international policy against the transfer of the waste from the relatively rich countries to the poor countries, which might be lack of the adequate as well as appropriate safeguards and the regulatory system. There is time to take other countries experience which gained a lot of success in the Atomic Energy. For instance, USA that banned an import of the radioactive waste from the other countries. 77 According to the article there is clearly stated that USA congressmen are totally against from the importing of the waste. The reason for the adoption of the document was the intention of the U.S. company Energy Solutions to import from Italy, 20 thousand tons of radioactive waste. Subsequently, they are intended to revise and buried at a special facility in Utah. Matheson James who are congressmen noted that "Utah - it's not a place to gather radioactive debris from around the world. Until there is somehow a danger to humans and the nation's future can be put under the threat there is need to weigh the pros and cons thoroughly and carefully. 3.1. Waste Management Problems faced by Kazakhstani Atomic Energy Large-scale development of nuclear energy requires the approval of this energy source from the community. View of the public on nuclear waste, safety is critical to their judgments about the future development of this technology. Technological improvements that can increase security and solved the problem of waste can greatly strengthen public support. For that reason it is necessary to pay attention to the problems as well as to find the adequate solution. It is obviously clear that Kazakhstan Atomic Energy is not perfect and therefore needed to raise the problems in order to fix it for the perspective future of the Atomic Energy. In this master thesis researcher wants reflects the problems that occurred in the Atomic Energy with respect to radioactive waste. So, the first problem is, there is lack of information as well as lack of survey regarding the radioactive waste. It is very essential that public has an assesses to the information about the matters related to safety nuclear materials. It is under the responsibility of the KAEC to file a yearly report. These yearly reports must include the following information: an account of the activities carried out by the enterprise pursuant to the license; a plan for containing radiation in the case of an emergency; a list of qualifications of the personnel of the enterprise; a description of the technology used to carry out the activities; a quality control plan; a description of the system used to account for the export and import of nuclear and radioactive materials; information about methods used to provide for safety from radiation at the site of the enterprise; and a list of sources of ionizing radiation78. And there is should be noted those information should be freely open to the public until it is classified state or commercial secret.79 But in reality, the agency that issues licenses treats the information that it receives during the licensing
74

Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, Mar. 22, 1989, UNEP/IG.80/3, reprinted in 28 I.L.M. 657 (1989) [hereinafter Basel Convention]. 75 . Basel Convention, supra note 106, art. 10(2)(b). 76 See Decision II/12, Second Conference of the Parties to the Basel Convention, Mar. 25, 1994, available at http://www.ban.org/about_basel_ban/copsII_12.html (last visited Feb. 6, 2003). Because the decision to ban exports to non-OECD countries was not included in the text of the original convention, questions were raised about its legality. 77 Praim-Tass, 2009 USA Congressmen banned the import of the radioactive waste. Available from http://www.zakon.kz/155823-amerikanskie-kongressmeny-zapretili.html [assessed on the 3 th of May 2011] 78 . Requirements of a yearly report, deadlines, and procedure of presenting information about sources of ionizing radiation for licensees of the Committee on Atomic Energy, No. 4, of Jan. 31, 2001.

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process as confidential. Furthermore, according to the article that was written by Sewall and Bella the authors clearly stated that there is lack information in the information related to safety concerns is cause for particular alarm in an area of deep public concern: domestic transport of radioactive materials by road. The Rule on Transport of Nuclear Materials by Truck became binding under The January 17, 2000 Order No. 1 of the Committee on Atomic Energy80. This rule is registered with the Ministry of Justice and treated as binding one 81 . Meaning that despite of the fact the rule is not considered as the public secret, publication of the rule in the mass media is prohibited and as a consequence is not accessible to the public. All documents that classified "for judicial use" is limited to representatives of agencies from an approved list or those with special permission from authorized government agencies not available to the public.82The further support for the lack of assess should be pointed out the regulation for rail transport is not classified. . The rail transport regulation defines different categories of radioactive materials, lists types of packaging that are approved for use during transport, establishes the responsibilities of government agencies and transporters to prepare for the transport and to respond to accidents should they arise, and also contains a detailed list of measures for minimizing accidents during transport, as well as measures to take to localize the consequences of accidents and to notify the public. 8347The secrecy of the safety procedures for truck transport demonstrates that the principles of access to information and public participation declared in the Law "On the Use of Atomic Energy.84 The right of the public to receive information confirmed by the Law "On Radiation Safety of the Population85, exist only in the theory. Also there is remains a close information about the radioactive waste as well as its storage. According to the Kazakhstani and International Legal framework the citizens of Kazakhstan have a right to possess with the information of the radioactive waste.86 The main information about the radioactive waste as well as its storage can be get through the data about sources of ionizing radiation. The law requires these sources be registered with the Committee on Atomic Energy. 87 The interesting news about the radioactive waste being discovered by chance has existence in Kazakhstan. For example, in Kazakhstan there are radioactive materials posing a serious threat to human health. Those wastes were wheeling on the roads of the
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. The conclusion that the public is entitled to access information not classified as a state or commercial secret is drawn from reading Article 18.3 of the Constitution of the Republic of Kazakhstan in conjunction with Article 17.1 of the Law of Mar. 15, 1999, No. 349-1 "On State Secrets," and Article 126.1 of Kazakhstan's Civil Code. These laws read in relevant part as follows. Article 18.3 of the Constitution protects the right of public access to information: "Governmental organs, public cooperatives, and heads of mass media are responsible for ensuring that each citizen has the ability to become acquainted with documents, rulings and sources of information affecting his rights and interests." Konstitutsiia Respubliki Kazakhstan [Constitution] art. 18.3 (1995) (Kaz.). The Law "On State Secrets" states: "Information about the following is not considered classified: Information about emergency situations and catastrophes threatening the security and health of citizens, and their results, and also about natural disasters, both their official forecast and results." Article 126.1 of Kazakhstan's Civil Code establishes that information must have "actual or potential commercial value" in order to be protected by law as a commercial secret: "Civil law protects information that is an official or commercial secret when the information has actual or potential commercial value on the strength of its not being revealed to third parties." Grazhdanskii Kodeks Respubliki Kazakhstan [GK RK] art. 126.1 (Kaz.). 80 . Registration at the Ministry of Justice of Kazakhstan on Feb. 17, 2000, No. 1060. 81 Id 82 . See Order of the Agency of Kazakhstan on Defense of Government Secrets of Aug. 29, 2000, confirming the Rules of organizing, using, and storing documents, work products and publications that are classified as for limited distribution, at Point 1.2. 83 . Railroad Transport Rules, supra note 32 (approving rules for organizing clean-up of accidents occurring during the transport of radioactive materials by railroad). 84 Law "On the Use of Atomic Energy," supra note 28, art. 3.1. 85 . Law "On the Radiation Safety of the Population,", art. 20 86 Domestic Law 84, 85 , The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998, 38 I.L.M. 517 (entered into force Oct. 30, 2001) [hereinafter Aaarhus Convention]. The Aarhus Convention was ratified by Kazakhstan on Jan. 11, 2001. Aarhus Convention Participant List, at http://www.unece.org/env/pp/ctreaty.htm (Jun. 25, 1988). 87 . Law "On the Use of Atomic Energy, art 8

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republic. 88 And the last point that the researcher would like to point is the lack of the survey in the where those waste are stored. According to Governmental Resolution 1285 of October 18, 1996 the surveys are the obligatory. 89Basically, the surveys are important for the government and for the public as well. Therefore, it should represent accurate information about the status of the radioactive waste disposal sites. The decree requires that these surveys include detailed information about the characteristics of installations for the storage of radioactive waste, itself. 90 But for the present time there has no adequate survey been held. 3.2. Kazakhstani practice of the unsafe disposal. Pursuant to the legislation of Kazakhstan, particularly the Law "On the Use of Atomic Energy," there is explicitly stated that disposal of all radioactive waste must be carried out in a manner that provides adequate security for the population and the environment from the harmful effects of radiation.91 There is more detail about the approved procedures for the disposal of radioactive waste is indicated in the Decree "Confirming the Regulation of Radioactive Waste Disposal.92 According to interview with the Gani Sagiev, the Chairman of the Board of Directors of "Vasilkovskoe Zoloto" a publicly owned company that owns the tailings depository where approximately thirty percent of Kazakhstan's low-level radioactive wastes are stored, the legal documents regarding the safe disposal of radioactive waste are just in theory.93 Mr. Sagiev in his interview stated that there is lack of understandable as well as clear guidelines for waste storage. He added that in the country there is lack of environmental audits and monitoring that would concise with the environmental regulations. Such guidelines would play an important role in the evaluating of the companies whose activities connected with the radioactive waste management. More importantly, the prevalence in the unsafe disposal is by Kazakhstani legal framework there is no clear time limit time that radioactive waste can be stored temporarily before being interred in a secure depository.94 And allowing storing the radioactive waste in the temporary facility which does not provide for long-term storage. There is place to exist in the country where some wastes are not being stored in specially equipped canisters, but instead are being placed directly in the ground.95 3.3 The bureaucratic procedure for the people who are suffering from the radiation exposure

88

Gavrilko.V. Under whose responsibility there is radioactive waste in the republic? Available from www.zakon.kz 89 Decree of Oct. 18, 1996, No. 1283, "Confirming the regulation on the procedure for disposing of radioactive wastes in Kazakhstan," as amended on June 22, 1998 by Decree No. 578 [hereinafter Decree "Confirming the Regulation of Radioactive Waste Disposal"]. 90 World Nuclear Association, Supply of Uranium, at http://www.world-nuclear.org/info/inf75.htm (Aug. 2002); see also Resursi XXI veka [Resources of the Twenty-first Century], KAZAKHSTANSKAYA PRAVDA, June 18, 2002, NN133-4, available at http://www.kazpravda.kz (describing uranium as a key resource for Kazakhstan's economic developmen 91 . Law of Apr. 14, 1997, No. 93-1, "On the Use of Atomic Energy," art. 3.1, para. 4 [hereinafter Law "On the Use of Atomic Energy"]. 92 . Decree of Oct. 18, 1996, No. 1283, "Confirming the regulation on the procedure for disposing of radioactive wastes in Kazakhstan," as amended on June 22, 1998 by Decree No. 578 [hereinafter Decree "Confirming the Regulation of Radioactive Waste Disposal"]. 93 . Nagim Syzdykov, Vasll'kovskoe zoloto obrashchaet vnimanie gosudarsva na problemu zakhoroneniya v strane radioactivnikh otkhodov [Vasilkov Gold Draws the Government's Attention to the Problem of Storing Radioactive Wastes in the Country], PANORAMA, Aug. 23, 2002, No. 32, available at http://www.panorama.kz. 94 Decree "Confirming the Regulation of Radioactive Waste Disposal," 95 Author Vadim Nee personally observed radioactive wastes stored directly in the ground during a tour of the grounds of the "Kaskor" Corporation outside of Aktau, Kazakhstan, on December 17, 2002.

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Radioactive waste can contain radionuclides of very light elements, such as radioactive hydrogen (tritium), or of very heavy elements, such as uranium and represents the risk both to the health of the human and to the environment. 96And of course for the people are living close to the area where the radioactive waste is stored is not actually safe for the health. Basically, the Kazakhstani legal framework provides citizens with the right to the compensation for harm to their health caused by environmental degradation. That is stipulated in the Law "On Radiation Safety of the Population," which exercises the right of citizens to compensation for both physical suffering and material losses caused by exposure to ionizing radiation above the established limits, or as a result of an accident involving radioactive substances.97 There are several group of people who suffered from the radiation exposure. They are: people who have problem with the health resulted from the exposure, the second group is people exposed to fallout from tests at the Semipalatinsk nuclear test site and the last group is the former soldiers who helped to clean up clean-up of the Chernobyl nuclear catastrophe.98 According to On Public Benefits for Invalids, Families who have lost their Breadwinners and the Elderly in Kazakhstan that is main group of people in Kazakhstan who are receiving compensation from the government.99 And how the American researchers correctly pointed out that this compensation is so miserably small in order to compensate them with health problems.100In fact it is not enough simply to cover basic needs such as housing, food, and medicine. Kazakhstani legislation set up a certain criteria for determining whether radiation exposure is the cause of illness is a legal confirmation of the fact that the person lived in a contaminated area, and the time duration the person lived in [a zone where nuclear testing was carried out or an area near the Chernobyl accident]. 101And unfortunately, they do not consider the situation where children suffering from their parents' radiation exposure, as a result they have particular difficulty in obtaining needed benefits. There is certainly a complex of bureaucratic procedure for obtaining the benefit from the radiation exposure, and can conclude there is only partially realized compensation for the citizens.

IV.Recommendations.

96

Polluion Issue. Rdioactive Waste. Available from http://www.pollutionissues.com/Pl-Re/Radioactive-Waste.html [assessed in the 3d of May] 97 . Law "On Radiation Safety of the Population, art 21(1) 98 Soldiers from all parts of the Soviet Union, including many from Kazakhstan, used shovels to bury the Chernobyl reactor and thus prevent a complete meltdown. Interview with Khalel Turegaliev, Chairman of the Almaty Regional Office of the Union of Chernobyl Veterans, in Almaty, Kaz. (June 29, 2002) [hereinafter Turegaliev Interview]. 99 . Law of June 16, 1997, No. 126.1, "On Public Benefits for Invalids, Families who have lost their Breadwinners, and the Elderly in Kazakhstan," art. 11.5 [hereinafter Law "On Public Benefits for Invalids"]; Methodological Instructions for Use in Listing Illnesses created or exacerbated by radioactive factors as a result of nuclear experiments, Chernobyl and other radioactive accidents (Confirmed by Order of the Chair of the Agency on Public Health of Kazakhstan on Mar. 14, 2001, No. 240) [hereinafter Methodological Instructions for Use in Listing Illnesses from Radiation]. 100 Sewall, Bella K Can Kazakhstan profit from radioactive waste? Domestic and international legal perspectives on a proposal to import radioactive waste. Available from https://litigation-essentials.lexisnexis.com/webcd/app? action=DocumentDisplay&crawlid=1&doctype=cite&docid=15+Geo.+Int'l+Envtl.+L.+Rev. +429&srctype=smi&srcid=3B15&key=d179f2b57d2939439985ec05ee158c4a 101 . Methodological Instructions for Use in Listing Illnesses from Radiation,. "Registration of People Suffering from Exposure to Radiation."

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Nowadays Kazakhstan has a complex of nuclear facilities, which has been continuing to accumulate different types of waste. One of the most important conditions for development of the nuclear industry is to solve the problems of safe handling of radioactive waste. In this part the researcher would like to demonstrate the way of the handling with the problems in order to provide a perspective future for the Atomic Energy. One of the recommendations could be a creation of the conceptual model system for the safe radioactive management on the example of Russia. There should be pointed out the Problems of RW-is a complex that should be taken into account a multiple factors. To solve such problems is advisable to use a systematic approach that has scientific significance. Systematic approach - scientific methodology purposeful human activity. Systematic approach to any practical activity is the methodological orientation of a person to disclose the integrity of the object, relations and connections of its elements, as well as specific mechanisms for their implementation.102 Based on a systems approach, all objects in Russia, which produced (accumulated) RW and treat radioactive waste, can be represented as a waste management system. Collection of regulatory impacts (requirements ND) can be represented as a system of regulatory safety in handling radioactive waste. In practice, the implementation of complex problems, this means that the decisive issue is divided into several subproblem or intermediate goals, and the last - the more specific questions. This program represents the leading idea (ideal image) activity and is a concept or strategy to solve the problem, in this case - the concept of safety in handling radioactive waste.103 Waste management system in Kazakhstan with all the diversity of sources, the accumulated waste and waste generated, and activities with them are quite complicated to analyze. So it is appropriate to divide it into subsystems and elements. The most rational for this study was to divide the entire waste management system into functional subsystems - a group of objects which are drawn from the waste and the subsequent separation of each of the functional subsystems on the subsystem of species accumulated and generated radioactive waste (physical state, level of activity, radionuclide composition etc.) which, in turn, were subdivided into elements. As an element of waste management system adopted by simple indivisible from the point of view the goal of the system - a specific activity (method of treatment) with a certain type of waste that requires regulation. From the standpoint of regulatory safety in radioactive waste management element is the control action for each specific activity radioactive waste. 104 Moreover, regarding to the current waste in most cases can be consistently implemented through the proposed safe handling of radioactive waste. However, for radioactive waste accumulated as a result of previous work, this approach is feasible is limited. In most cases, these objects have accumulated a significant amount of radioactive waste, the storage are not required from the standpoint of modern ideas about the security of the system of physical barriers to the possible spread of ionizing radiation and radioactive substances, or physical barriers in the current system is unreliable and incomplete. Therefore, a complex of activities should be taken to improve the safety of these radioactive waste stores, aimed primarily at ensuring the security level. Also based on foreign experience, specifically U.S, there can suggest another way to solve the problems of safety regulation for radioactive waste accumulated as a result of previous activities, and rehabilitation of areas contaminated by radioactive substances, namely the use of management by objectives by developing and implementing a coherent strategy and special programs based on: - qualitative and quantitative analysis and ranking of hazards (risks) caused by RAO previous activities; - Optimization studies (assessing the impact of alternatives on the safety and the environment
102

Boulding K. General systems theory - the skeleton of science: Studies on general systems theory. - Moscow: Progress, 1969 .- S. 106-124 103 Sharafudinov. R, 2002 Regulatory approach of the handling with RW. Available from http://referat.mirslovarei.com/bezopasnost-zhiznedejatelnosti/1393-sistemnyj-podxod-k-normativnomuregulirovaniju-bezopasnosti-pri-obrashhenii-s-ra-dioaktivnymi-otxodami.html [assessed on the 4 th of May] 104 Id

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Unfortunately, such studies are not held in Kazakhstan In the current legislation of Kazakhstan establishes the fundamental legal provisions for determining the general treatment of such waste and to establish some basic problems of security and safety regulation considered repositories of radioactive waste. One of the major instruments in the treatment of the RW is providing Security for the RW storage that should be followed in Kazakhstan. They are: Determining the current security level radioactive waste storage (prior to its preservation and disposal) and determining the need for intervention to ensure the radiation safety of workers (personnel) and the population. 2. Holding if necessary, all feasible measures to improve safety, aimed at achieving the following principles: - exceeding of the permissible limits of individual radiation doses of employees (personnel) and population (the principle of valuation); - maintaining low as possible, taking into account economic and social factors of individual radiation doses and the number of exposed individuals of the population (the principle of optimization); - reducing the harmful effects as a result of dose reduction should be sufficient to determine the losses and costs, including social costs of such intervention. 3. Justify long-term safety of radioactive waste repository (since its preservation and closing) and to determine the need for intervention for radiation protection. 4. If necessary, take all feasible measures to ensure the long-term safety of radioactive waste repository, and the need to strive to: -avoid actions that impose reasonably predictable impacts on future generations greater than those permitted in the current generation. Furthermore, one of the important aspects in the management of RW is the safety regulation of the radioactive waste stores. It should be included a regulation of the current security level radioactive waste storage (prior to its preservation and closing). And it should be implied: -prescriptive safety regulation and licensing of waste management, including regulation of technical measures to ensure nuclear and radiation safety of radioactive waste storage, waste acceptance criteria, aimed at storage (disposal) of waste storage, the amount of waste entering the waste repository -supervision of the state barriers to the spread of radioactive substances from the storage of radioactive waste in the environment - oversee compliance with the rules and regulations governing the safety of personnel and the public - control the implementation of instructions RW storage In addition to, there should be taken regulation of long-term safety storage RAO (since its preservation and disposal) - assessment of long-term safety, including the forecast long-term behavior of natural and artificial barriers to the possible spread of radioactive substances into the environment. There should be assessing long-term safety of the storages of the radioactive waste. In Kazakhstan should be development on computational methods for assessing long-term safety of radioactive waste stores, it is crucial for the purposes of safety regulation. Currently, In the foreign countries, there are methods of safety assessment, allow adequately assess the potential long-term radiological impact on humans and the environment of radioactive waste disposal systems105

105

Disposal of radioactive waste: Can long-term safety be evaluated? An international collective opinion, OECD/Nuclear Energy Agency, International Atomic Energy Agency, Commission of European Communities, OECD, Paris, 1991

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V. Conclusion Today nuclear industry is important because of its impact on innovation, productivity and performance as well as one of the important sources of the electricity in the world. According to the research conducted by the researchers from MIT university it is expected a 75% of an increase in global consumption of electricity within two decades from 2000 to 2020. By midcentury is likely and, of course, expect a three-fold increase in electricity consumption.106 And of course this fact does not leave humanity indifferent to the Nuclear Energy in the world. In the Nuclear Industry Kazakhstan is not an exception from the development of this particular industry. And the nature itself predetermined the perspective development of the nuclear energy.
106

Ansdabehere.S, Gray.P, Holderen,P. The future of Atomic Energy p.18

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That can be proved by the fact only for the last decade, Kazakhstan has become attractive for many countries such as France, Canada, Japan and USA because of large reserves of uranium on its territory; it is 15% of the world's uranium resources.107 And it is not secret that Kazakhstan has an ambiguous aim to become a world leader in uranium mining industry. 108 But as it is known that large-scale development of nuclear energy requires the approval of this energy source from the community. Since it is contains radionuclides that have risks to the humanity as well as to the environment. In this particular master thesis the researcher focused her attention toward the radioactive waste and its regulation. It was determined that RW represents the risks as well because it contains radioactive materials. Today Kazakhstan faces problems with RW management as well as other countries. There is no country in the world, which would be total competent and perfect in this matter. As the RW Management requires considerable and reoriented the program, to which no country approached. But the difficulties faced by nuclear power, must now exclude it as one of the few options that can be attractive for implementation in the future, as the country will make decisions on problems of this century in the field of energy and ecology. Given the difficulties standing in the way of nuclear power, the effort required to overcome them, justified only if nuclear power is potentially able to have a significant impact on major issues such as the RW Management that meets the safety standards. That is to say that nuclear power has earned the right to be in the spotlight and constant support from the government, in addition to addressing the problems that were identified in this research, there should be a commitment to a substantial waste management. More attention should be paid to the definitions of the waste and construction of protection systems, to be followed by the development and testing of these systems .In addition, efforts by the international community must be united for the development and operation of the overall system protection, monitoring, recording and monitoring of materials. In the framework of the master thesis the researcher did not study the technical aspect of the RW management, rather the researcher focused on the legal basis as well as the international standards that identified by IAEA. So, the results of this research is that if Kazakhstan would pay attention to the existing problems and would take recommendation that were provided in the thesis only after that RW management in the nuclear energy would satisfy the necessary level of environmental and radiation safety that is promoting by IAEA. And as a result RW management in Kazakhstan would be one of the leading around the world.

107

World Nuclear Assocciation. Available from http://www.world-nuclear.org/info/inf89.html [assessed in the 5 th of May] 108 Nuclear Energy Complexes in Russia and Kazakhstan. Available from http://www.eabr.org/media/img/eng/research-and-publications/AnalyticalReports/Report_1_nuclear_EDB.pdf [assessed in the 6 th of May]

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