Lagno, E. S. Particular Issues of Restricting Ownership Rights When Implementing Standards and Regulations in the Sphere of Safe Nuclear Energy Use

Abstract: The purpose of this article is to describe peculiarities of legal regulation in the sphere of restrictions imposed on nuclear energy use. The subject of the research is the current legal regulations in the sphere of nuclear energy use, radiation security and particular standards related to turnover of civil rights objects. Based on the results, the author of the article concludes that a special legal status of nuclear energy use places certain restrictions on exercising of property rights compared to usual civil turnover. Restrictions of the right to perform economic activities in the territory of nuclear energy facilities are applied in order to defend life and health of citizens, to enforce the right to safe environment, to provide physical protection of a nuclear facility and to ensure national defense and state security. Changes in current legislation must reflect the policy in the sphere of radiation security, help to overcome contradictions in legal regulation both at general and special levels, eliminate gaps in interpreting legal regulations of relations in the sphere of nuclear energy use and radioactive waste management. The author of the article also discusses problematic issues related to a serious conflict of law arising when special provisions of legal regulation in the sphere of nuclear energy use are used together with the provisions of civil laws regulating property relations. Sometimes judicial and administrative decisions are even used for illegal takeover of strategic enterprises and manipulation of the ownership right for questioning th legality of enterprise activities. Special attention is paid at peculiarities of treatment of nuclear energy facilities.

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