PROTECTION OF THE RIGHT TO NUCLEAR SAFETY THROUGH THE PRISM OF IAEA ACTIVITIES

Abstract

It was determined that during the study of the IAEA as an international institution for the protection of the right to nuclear safety, it is necessary to clearly establish the meaning of the concept of “protection”. It was determined that the definition of the concept of “protection” can be formulated as a type of legal influence on relations, which consists in the application of appropriate methods of protection by a person or another subject who is endowed with appropriate powers, aimed at restoring the violated right of a person. The opinion is justified that the forms of protection defined by national legislation must be classified as national forms of protection, and protection carried out by international institutions and organizations as international forms of protection. It was determined that the application to the IAEA should be classified as an international form of rights protection. It has been established that the IAEA belongs to the general system of UN international organizations. The Agency’s activities are aimed at achieving the widespread use of atomic energy only for peaceful purposes and promoting the spread of nuclear technologies. It is determined that the IAEA acts as an international inspection body to verify that member states do not switch nuclear materials, equipment and technologies in non-nuclearweapon countries from permitted peaceful activities to military needs. The appeal of the Verkhovna Rada of Ukraine to the IAEA with the aim of protecting the right to nuclear safety was analysed. It was established that the legal status of IAEA resolutions and IAEA safety standards have an undefined legal status. It was concluded that since Ukraine is a member state of the IAEA, accordingly, the appeal of the supreme representative authority of the Verkhovna Rada of Ukraine on behalf of the Ukrainian people to the IAEA can be defined as an independent international form of rights protection, in particular the right to nuclear safety, which is characterized by its supranational nature and specific scope use of atomic energy. Taking this into account, in order to improve the specified form of protection of the right to nuclear safety, the expediency of supplementing the IAEA Statute with a separate article that will clearly establish the legal status of IAEA decisions and standards, namely defining the specified IAEA acts as mandatory for the participating states, is substantiated.