Criminal Liability for Illicit Trafficking of Radioactive Materials

Abstract

The nuclear energy use progressively becomes part of the life of every modern person, who more and more faces radioactive materials in medical institutions, in industry. Half of all electricity generated in Ukraine is generated by nuclear power plants. The peculiarities of the nuclear energy use generate appropriate rules for people dealing with radioactive materials. The article analyzes the standards of the Criminal Code of Ukraine, which provides for liability for acts related to the illegal handling of radioactive materials, for violation of the nuclear and radiation safety rules, violation of radiation safety requirements, the threat of theft of radioactive materials, the illicit manufacturing of a nuclear explosive device, abduction or capture of radioactive materials, attack on radioactive materials transportation means. The grounds and peculiarities for bringing to criminal liability have been reviewed, the range of persons who can be prosecuted has been defined. Conditions and grounds for exemption from criminal liability in the absence of a person's criminal intent to use radioactive material are considered. It has been demonstrated that the Criminal Code of Ukraine, by prohibiting certain actions on the illegal radioactive materials handling, ensures protection of the most important social relations and social benefits.