Illegal handling with radioactive materials: investigation and criminal liability

Abstract

This article covers current issues of investigating the illegal handling with radioactive materials. Attention is also paid to the problems of criminal qualification of acts related to the illegal handling with the materials mentioned above. The conditions for exemption from criminal liability in the case of acquisition, carrying, storage, use, transfer, modification, destruction, spraying or destruction of radioactive materials (sources of ionizing radiation, radioactive substances or nuclear materials in any physical state in the installation or production or otherwise) without the permission provided by law are disclosed. Emphasis is put on the fact that the use of radiation technologies in production, medicine and other spheres of life necessitate the development of appropriate safety measures, compliance with which will save the lives and health not only of individuals but also of the population in a whole and the environment. It is argued that updating the methods of learning criminal offenses under investigation, which are becoming more daring and carefully prepared, requires the development of modern forensic tools and methods to combat them. It is noted that law enforcement agencies need the help of specialists in nuclear physics, radiology and other fields of knowledge at the initial stages of the investigation of the above-mentioned crimes. Therefore, the purpose of the study was to determine the areas of use of specialist assistance in the investigation of radioactive materials illegal handling, as well as to highlight current issues of criminal qualification of these acts, which most often occur in law enforcement. It is noted that in Ukraine, nuclear forensics is not developed enough and requires the joint work of forensic scientists and experts from various fields of knowledge, which will allow to develop list of effective recommendations and algorithms for law enforcement officers in investigating criminal offenses related to trafficking in radioactive materials. Emphasis is placed on the fact that the use of special devices in the investigation of examined crimes is due not only to the tasks of investigation but also safety when working with radioactive substances, as it depends on timely detection and measurement of radiation levels performed by special devices. It is concluded that in the investigation of the examined crimes the assistance of specialists in the field of nuclear physics, radiology, chemistry, medicine is needed in the following areas: development of radiation and hygienic regulations for employees of the investigative and operational group who work with radioactive materials; conducting a mandatory medical examination of all participants in the investigative (search) actions after work with such materials; conducting trainings with law enforcement officers in order to obtain basic knowledge about radioactive materials, rules for handling them, including the ability to use protective equipment; development of personal protective equipment, means of detection, fixation and retrieval (including packaging and transportation) of radioactive materials.