Last minute: Nuclear regulation bill enacted

Nuclear regulation bill passed

According to the proposal of the Nuclear Regulation Authority approved by the General Assembly of the Grand National Assembly of Turkey, the form and amount of compensation for nuclear damage will be determined on the basis of perfect principles and in accordance with the provisions of Turkish obligation law. Exclusive responsibility.

In accordance with the laws of social insurance, private insurance and general health insurance, any additional payments paid to the nuclear victim will be deducted from the compensation received by the nuclear victim in accordance with the provisions of this section.

Those suffering from nuclear damage may, within their responsibilities, claim damages directly from the operator, as well as from insurance companies, nuclear insurance pools, and other collateral providers.

If the nuclear accident is expected to exceed the prescribed liability limit, a nuclear accident detection committee will be set up by the President of the Republic within two months from the date of the nuclear accident to evaluate the application. By people who have suffered a nuclear accident to compensate for the nuclear accident and decide on an application. The cost of the committee is covered by the ministry’s budget.

Nuclear damages

Once the committee is established, the nuclear damage caused by the nuclear accident will be compensated by the committee.

The amount corresponding to the liability limit of the business operator is collected by the Ministry of Finance from the business operator or its insurance company, or the guarantee provided by the business operator is converted into cash.

The Commission urges those affected by nuclear weapons to apply to the Commission or other authorities for a period of at least one year and to be determined by determining the expiration date in the announcements it makes.

If filed by a person who has suffered nuclear damage for the purpose of determining or compensating for nuclear damage before the Commission is established, there is no need for a court decision and it is decided based on the file that the costs of the parties will remain. increase. It is on top of the file and no attorney’s fees are paid.

These files will be sent to the committee for review without asking for new application requirements.

If the total amount of compensation legitimately paid to the applicant exceeds the liability limit, the Commission will develop a payment plan that divides the amounts that make up the liability limit. The payment plan first compensates for loss of life or damage to people’s health. The president will take measures that the president deems appropriate for the portion that exceeds the liability limit.

You can file a proceeding with the Ankara Administrative Court against the Commission’s decision.

The committee consists of seven members, and the members are decided by the president from among civil servants.

Right of reference

Businesses, insurance companies, nuclear insurance pools, other guarantees and states have the right to claim reimbursement against the natural person who deliberately caused the nuclear accident that caused the nuclear damage.

The operator also has the right to claim reimbursement against the person who has signed the contract, to the extent and method specified in the contract, as expressly stated in the contract.

Unless the nuclear damages are indemnified, if the statute of limitations has not yet been completed, the claim for damages will expire three years after the person suffering the nuclear damages becomes aware of the damages and their liability.

Claims for loss of life or damages to human health expire 30 years after the date of the nuclear accident, and claims for compensation for other nuclear accidents time out 10 years after the date of the nuclear accident.

The right to redemption expires 3 years after the person who has the right to redeem knows who is eligible for redemption and 10 years after the payment date of the full amount in each case. compensation.

The court of the Republic of Turkey is approved

If the Turkish court has jurisdiction over a nuclear case that occurs under the sovereignty of the Republic of Turkey or in accordance with the Joint Protocol on the Treaty of Paris and the implementation of Vienna, only the court of the Republic of Turkey will be authorized. The Paris Treaty to which Turkey is a member.

If the courts of the Republic of Turkey are approved, the courts of Ankara are decisively approved. If a nuclear damage detection committee is not in place, the court may decide to make temporary payments to those affected by nuclear damage, to the extent that it does not exceed the limits of liability determined.

Nuclear regulatory body

NRA shall not be obliged to undermine its regulatory activities, contradict these activities, or prevent them from carrying out their activities effectively.

The body may conclude a contract for up to 5 years at the discretion of the board.

Nuclear regulation specialists and assistant specialists will be hired at the facility.

Domestic and foreign professionals can be hired as contractors for matters that require special knowledge and expertise related to the field of work of the institution.

Wages, including payments of all kinds, to foreign professionals employed as contractors and domestic professionals who have actually worked in the field of nuclear energy abroad for at least five years shall be determined by the President. It does not exceed 14 times the maximum contract wage applicable to contract employees.

The Chairman and members of the Board of Directors shall, in front of the First Chairman of the Court of Cassation, perform their duties with due care, integrity and impartiality, and may or may not perform their duties during the course of their duties. I shall swear. Acts that violate the provisions of the law.

NUCLE ARTEKN וKDESTEK JOINTSTOCK COMPANY is established

Started to provide technical support services such as analysis, consulting, monitoring, inspection, research, inspection, testing, management, training, certification, etc. that may be required while the institution is fulfilling its obligations. The capital is 1 million Turkish lira and is paid by the institution. The 51 joint-stock companies belonging to the institution will be established under the title of Nuclear Technical Assistance Joint-stock Company (NUTED), which has the legal substance of private law. ..

If the agency deems it appropriate, NATED AŞ may serve domestic and international third parties.

The provisions of relevant legislation regarding the recruitment of personnel to public institutions and organizations do not apply to personnel employed by NATED AŞ.

Penalties

The law also regulates penalties for nuclear energy and ionizing radiation.

Any person operating a nuclear facility, radiation facility or radioactive waste facility without a valid license will be sentenced to 4 to 8 years in prison and a fine of 5000 days. Those who receive radiation therapy without a valid license will be sentenced to 1 to 4 years in prison and a fine of 1000 days. Persons engaged in activities related to nuclear facilities, radiation facilities or radioactive waste facilities require the permission of the authorities without a valid permit and are subject to imprisonment of 2 to 5 years and a fine of 3000 days.

Those who leave the place or facility where the activity takes place, nuclear material, radiation sources or radioactive waste without an owner will be punished by imprisonment with work for 3 to 8 years and a fine of 5,000 before the obligations regarding the activity expire. .. days.

Nuclear material, radiation sources and radioactive waste; 5 years for those who obtain it by coercion, intimidation, misconduct, or other illegal activity, unless the act constitutes a crime requiring heavier penalties. You will be sentenced to 15 years in prison and a fine of 10,000 days.

Any person who causes the loss, theft or possession of nuclear material, radiation sources or radioactive waste due to negligence or breach of the duty of care shall be punished by imprisonment with work for 2 to 5 years.

Anyone who brings radioactive waste or spent fuel to the border of the Republic of Turkey will be punished by imprisonment with work for 5 to 10 years and a fine of 5,000 days.

Anyone who interferes with, attacks, damages or interferes with nuclear facilities, radiation facilities, radioactive waste facilities and nuclear materials, radioactive sources or radioactive waste will be sentenced to 5 to 15 years in prison and 10,000 days of judicial fines. increase.

Any person who commits unauthorized intervention, attack, damage or sabotage of nuclear facilities, radiation facilities, radioactive waste facilities, and software related to nuclear material, radioactive sources or radioactive waste shall be imprisoned for 3 to 10 years. , And the highest judicial fines. 10,000 days.

Anyone who seizes, seizes, or controls a nuclear facility, radiation facility, or radioactive waste facility by force, intimidation, or other illegal activity will be punished by imprisonment with work for 12 to 20 years.

Anyone who manufactures, expands its use, expands its use, or trades radioactive material for this purpose will be punished by imprisonment with work for 25 to 30 years.

If these acts are intended to force or refrain from acts by a natural person or legal entity, international organization, or state, the penalties imposed are the acts, and these acts are organizational activities. Half to one times if done within the framework of.