Legal regulation of relations regarding the provision of nuclear and radiation safety in Ukraine in peacetime and martial law conditions

Abstract

The article examines the issue of legal regulation of nuclear and radiation safety relations in Ukraine in peacetime and martial law conditions. The legal aspects of the formation of nuclear legislation during the period of large-scale armed aggression of the Russian Federation against Ukraine are studied. The purpose of the article is to highlight the problems of legal regulation of nuclear and radiation safety relations in Ukraine in peacetime and martial law conditions. The authors of the article conducted a retrospective review and the current state of development of the national legislation of Ukraine in the field of ensuring nuclear and radiation safety. As a result of such consideration, it was determined that over thirty years, an extensive system of nuclear legislation has developed, at the same time, today the system of the legal framework in the field of the use of nuclear energy, ensuring nuclear and radiation safety, radiation protection of citizens from the effects of ionizing radiation in Ukraine consists of documents of three levels. The authors of the article came to the following conclusions. Ukraine must fulfill its international legal obligations in full. Despite the rather extensive system of nuclear legislation under martial law, it is actively developing and improving. At the same time, there is a need to solve the issue of improving foreign and international legislation, in particular, at the same time as the national legislation. EU legislation. In the future, the norms of this legislation must be implemented in the national legislation of all EU member states and the IAEA. Despite the inability of the IAEA to solve the issue of ensuring nuclear and radiation safety under the conditions of martial law, as well as the problem of constant nuclear blackmail by the Russian Federation, in our opinion, at the moment, it is the only international organization that is capable, by sending its experts, in particular, on the Zaporizhia NPP, which has been captured by Russian troops since March 2022, to have at least a small impact on solving the above-mentioned tasks. However, in the future, i.e. after the end of military operations in Ukraine, the international community will have to resolve issues related to the reorganization of international humanitarian law, as well as the activities of such organizations as the UN and the IAEA.