Legal Regime of the Chernobyl Problems in the USSR, Belarus, Russia
and the Ukraine
Milan ZGERSKY
Moscow State Law Academy; Sadovo-Kudrinskaya st. 9, Moscow, Russia
new, exceptionally complex, large-scale problems,
affecting virtually all spheres of social life, many
aspects of science and manufacturing, culture, ethicalvalues and morality."

Introduction
In the night from 25th to 26th of April 1986, anaccident with human casualties occurred at the fourth
unit of the Chernobyl nuclear power plant (theUkraine) with RBMK-1000 reactor, which has beenworking for three years. The consequences of this
accident will produce negative effects on the ecologyof the planet for many hundreds of years to come.
Despite the fact in the USSR that the capacities of
the nuclear power plants were being increased year by
year, and active nuclear weapon tests were conducted,
the USSR was the only nuclear country in the world
without its own laws regulating the use of nuclear
energy and its safety. Meanwhile, in other countries
such laws have been adopted a long time ago: inFrance in 1945, in the USA and Great Britain in 1946.
At present all developed countries have nuclear
legislation. The project of such legislation was draftedin the USSR two years before the accident at
Chernobyl, however, even after the accident had
happened, it was not implemented due to bureaucraticroutine. There was no legal basis to be claimed in spiteof dozens of accidents in nuclear objects both militaryand civil that occurred every year and caused humancasualties too, as for example, in the Leningrad NPP in
1979. Nobody ever bore responsibility for these
accidents. Besides, the authorities kept all of them top
secret, in order not to let its own people, as well as theworld community, know about such accidents.
It was natural that, after the explosion at the
Chernobyl nuclear power plant, neither the USSR
government nor the local authorities were ready to takelegal action for the ecological, social and otherproblems caused by Chernobyl. The scale of theaccident consequences and the changes that had takenplace in the society by that time made simply
impossible to keep silence about the fact of thecatastrophe. The people in the affected territories
continually demanded from the government legal
settlement of their health problems, ecologicalproblems in the affected territories, and compensationof material losses on the basis of legislative provisions.
In April 1990, the USSR Supreme Soviet reviewed
the situation concerning liquidation of the Chernobyl
accident consequences and noted: "The accident at the
Chernobyl NPP in its consequences is the heaviest andnation-wide disaster of the present time, affecting
destinies of millions of people residing in a vastterritory. The ecological effect of the Chernobyl
accident made the country face the necessity to solveFirst legislation during the period of USSR
The first attempts in the USSR to find legal
settlement of the ecological and other problems caused
by Chernobyl were bylaws adopted jointly by the
CPSU (Communist Party of the Soviet Union) Central
Committee and the Council of Ministers of the USSR(the CPSU Central Committee was considered anauthority). A Decree of the CPSU Central Committee
and the Council of Ministers of the USSR, adopted 12days after the accident - on the 7th of May 1986 - "Onterms of payment and material provision of employeesof enterprises and organisations in the Chernobyl NPPzone" has become the first document regulating therelations between the USSR government and theChernobyl NPP.
For the first time since nuclear energy was put into
use in the USSR some decades ago, the Ministry of
Nuclear Power was founded. Along with its creation alegal subject had appeared, which could bear the
responsibility for the activity in the sphere of "peacefulatom" implementation.
A number of other joint decrees by the CPSU
Central Committee and the Council of Ministers of the
USSR have been adopted in 1987-1988, that were
aimed at solving various problems to liquidate theconsequences of the severe accident. Only four years
after the catastrophe, on the 25th of April 1990, the firstdecree on Chernobyl has been adopted directly by thelegislative body of the country - the Supreme Soviet of
the USSR - "On a comprehensive programme toliquidate the consequences of the accident at the
Chernobyl NPP, and the situation related to this
accident." This decree also authorised the first State
Union-republican programme of immediate measures
to liquidate the consequences of the accident for
1990-1992. The decree assigned the Council of
Ministers of the USSR for a duty "to draft the Law on
the Chernobyl Catastrophe and put it in to the Supreme
Soviet of the USSR in the fourth quarter of 1990. To
define in the Law the legal status of the catastrophe
victims, the participants of the accident consequences
liquidation and persons involved in the activities in theaffected area, as well as those subject to involuntary
resettlement; legal regime of the disaster area;
discipline of population residence and activities;266

amendments introduced by the Law from the 17th ofDecember 1991 and the Law from the 1st of July 1992).
This law has given definitions to the territories affectedby radioactive contamination after the explosion at the
Chernobyl NPP for the first time, as well as thedefinition of the territory radioactive contamination
zone categories.
Depending on the landscape and geochemical
properties of soils, the values of excess of natural
pre-accident radionuclide accumulation level in theenvironment, rates of possible negative effect on thehealth of the population, requirements on
implementation of population radiation protection andother special measures, considering the generalindustrial, social and domestic relations, the territories
affected as a result of the Chernobyl catastrophe are
divided into zones. According to the Law, such zones
are:
1. Restricted zone - residents have been evacuatedfrom this territory in 1986;
2. Zone of unconditional (obligatory) resettlement - aterritory subject to intensive contamination withlong-lived radionuclides, with soil contamination
density in excess of the pre-accident level bycaesium isotopes from 15 Ci/km2 and higher, or bystrontium from 3 Ci/km2 and higher, or by plutonium
from 0.1 Ci/km2 and higher, where the evaluatedindividual effective equivalent irradiation dose may
exceed 0.5 rem/year in excess of the pre-accident
dose;
3. Zone of guaranteed voluntary resettlement - aterritory with soil contamination density in excess ofthe pre-accident level by caesium isotopes from 5 to
15 Ci/km2, or by strontium from 0.15 to 3 Ci/km2, orby plutonium from 0.0.1 to 0.1 Ci/km2, where theevaluated individual effective equivalent irradiationdose may exceed 0.1 rem/year in excess of the
pre-accident dose;
4. Zone of intensified radio-ecological control - aterritory with soil contamination density in excess ofthe pre-accident level by caesium isotopes from 1 to
5 Ci/km2, or by strontium from 0.02 to 0.15 Ci/km2,
or with plutonium from 0.005 to 0.01 Ci/km2, where
the evaluated individual effective equivalent
irradiation dose may exceed 0.05 rem/year in excessof the pre-accident dose.

military service; formation and functioning of stateadministrative bodies and public organisations in theaffected area".
However, none of these measures have been
implemented in time. A year later, in the next decree by
the Supreme Soviet of the USSR from the 9th of April
1991, "On course of implementation of the decree by
the Supreme Soviet of the USSR from the 25th of April
1990 'On a comprehensive programme to liquidate theconsequences of the accident at the Chernobyl NPP,
and the situation related to this accident'", it was
mentioned that "there has been no possibility at present
to adopt the Law on Chernobyl Catastrophe and theLaw on Nuclear Energy Use and Nuclear Safety due tothe delay in submitting the drafts of these laws."
Only in 1991, five years after the accident in
Chernobyl, fully adequate legislative acts regulating
the responsibility of the government for the damage
inflicted to the citizens as a result of the activities of a
nuclear enterprise have been adopted in the USSR.
These are: the Law of Belorussian SSR - "On Social
Protection of Citizens Affected by the Catastrophe at
the Chernobyl NPP" from the 12th of February 1991,
the Law of the Ukrainian SSR - "On Status and Social
Protection of Citizens Affected by the Accident at the
Chernobyl NPP", the Law of Russian Federation - "OnSocial Protection of Citizens Affected by Radiation inConsequence of the Accident at the Chernobyl NPP"
from the 15th of May 1991, as well as the federal Law "On Social Protection of Citizens Who Suffered inConsequence of the Chernobyl Catastrophe" which
was adopted on the 12th of May 1991. These laws
applied to the affected population as can be seen evenfrom the names. They tackled with ecologicalproblems only indirectly. However, in comparison to
the legal vacuum that in fact existed during five years
after Chernobyl, these laws were a significant step
forward.
The scales of the Chernobyl catastrophe and theecological damage were the initial motivation,
especially for scientists and lawyers, on the base ofwhich the first laws were adopted in Belarus, theUkraine and Russia, allowing to solve the social andecological problems of the Chernobyl. This is all themore important event as nobody has ever faced thiskind of problems so far. Dozens of other nuclear
accidents in the United States of America (Three Mile
Island), England (Windscale), and in other states by nomeans could be compared to the global consequencesof the release in Chernobyl.

Legal status of contaminated territories in Belarus
The Republic of Belarus was next after the Ukraine
to adopt a special Law, "On Legal Regime of
Territories Exposed to Radioactive Contamination inConsequence of the Catastrophe at the Chernobyl
NPP" on the 12th of November 1991. This law is aimed
at decreasing of radiation impact on the population andecosystems, at realisation of environment-recovery
and protective measures, and at efficient use of natural,
economic and scientific potential of these territories.

Legal status of contaminated territories in the
Ukraine
The first Law, "On the Legal Regime of the
Territories Exposed to Radioactive Contamination inConsequence of the Catastrophe at the Chernobyl
NPP" was adopted in the Ukraine on the 27th ofFebruary 1991 (with further alterations and

267

The Law regulates the regime of the contaminatedterritories, conditions of residence, economic andscientific-research activity in these territories.
According to the Law, the territories are divided
into the following zones depending on the density ofsoil radionuclide contamination and impact on theresidents (make note of the fact that the zone divisionin the Belorussian Law is different from that in the
Ukrainian. The zoning has been carried out on thebasis of the damage inflicted to the public byradiation.):
1. Zone of evacuation (restricted zone) - a territory
around the Chernobyl NPP, from which the
population has been evacuated in 1986 according to
the existent safety regulations (the 30 kilometre zone
and the territory subject to additional evacuation due
to strontium-90 soil contamination density
exceeding 3 Ci/km2 and plutonium-238, 239, 240,241 contamination higher than 0.1 Ci/km2);
2. First priority resettlement zone - a territory with soil
contamination density by caesium-137 over 40
Ci/km2, by strontium-90 over 3 Ci/km2, or byplutonium-238, 239, 240, 241 over 0.1 Ci/km2;
3. Zone of subsequent resettlement - a territory withsoil contamination density by caesium-137 from 15
to 40 Ci/km2, or by strontium-90 to 3 Ci/km2, or
plutonium-238, 239,240, 241 from 0.05 to 0.1
Ci/km2, where the annual average individual
effective equivalent dose may exceed 0.5 rem/year,
and other territories with lesser contamination
density by the abovementioned radionuclides, where
the annual average individual effective equivalentdose may exceed 0.5 rem/year;
4. Zone with right for resettlement - a territory with soil
contamination density by caesium-137 from 5 to 15
Ci/km2, or by strontium-90 from 0.5 to 2 Ci/km2, orby plutonium-238, 239, 240, 241 from 0.02 to 0.05
Ci/km2, where the annual average individual
effective equivalent dose may exceed 0.1 rem/year,
and other territories with lesser contamination
density by the abovementioned radionuclides, where
the annual average individual effective equivalentdose may exceed 0.1 rem/year;
5. zone of residence with recurring radiation control - aterritory with soil contamination density bycaesium-137 from 1 to 5 Ci/km2, or by strontium-90
from 0.15 to 0.5 Ci/km2, or by plutonium-238, 239,
240, 241 from 0.01 to 0.02 Ci/km2, where the annual
average individual effective equivalent dose may notexceed 0.1 rem/year.
Legal status of contaminated territories in Russia
The ecological problems of Chernobyl haveaffected 16 regions of the Russian Federation.
Unfortunately this fact has become known to thegeneral public only seven years after the accident . (Inthe first years after the explosion the republican
programme of Chernobyl accident consequences
liquidation dealt only with the Bryansk region and

Kaluga-Tula-Orlovsk spot.)
A special Law on status of territories, affected byradiation after the explosion at the Chernobyl NPP was
not adopted, although it has been drafted already in
1993. However, one should note that there exists a
Government Decree from the 25th of December 1992,"On Regime of Territories Exposed to Radioactive
Contamination in Consequence of the Accident at the
Chernobyl NPP".
The ecological problems of the contaminatedterritories are also regulated by a special article of theLaw, "On Social Protection of Citizens Exposed to
Radiation Effects in Consequence of the Catastrophe at
the Chernobyl NPP", which was adopted by theSupreme Soviet of the Russian Federation on the 15thof May 1991 (with further alterations andamendments). The name of the article is: "Regime andEcological Rehabilitation of Territories, Exposed toRadioactive Contamination in Consequence of theCatastrophe at the Chernobyl NPP".
The Law defines the zones of radioactive
contamination. (They are also different from theBelorussian and Ukrainian zones. Every republic
adopted the legal norms according to the ecologicaldamage it has suffered due to the Chernobyl accident).
The Law defines four zones of radioactive
contamination: the restricted zone, the evacuation
zone, the residence zone with the right forresettlement, the residence zone with privilegedsocial-economic status.
Article 7 of the Law states that "the borders of thesezones and the list of residence place within them arereviewed according to the changes in the radiation
situation and other factors at least once in every five
years".
1. The restricted zone (that was called the 30 kilometrezone in 1986-1987, then called the evacuation zone
from 1988 until the adoption of the Law) is theterritory around the Chernobyl NPP, as well as a part of
the territory of the Russian Federation, contaminatedby radioactive substances in consequence of thecatastrophe at the Chernobyl NPP. The population has
been evacuated from these territories according to thenorms of radiation safety in 1986 and in subsequent
years.
2. The resettlement zone - the part of the territory of theRussian Federation outside the restricted zone, withsoil contamination density by caesium-137 higher than
15 Ci/km2, or by strontium-90 higher than 3 Ci/km2, orby plutonium-239, 240 higher than 0.1 Ci/km2.
3. The residence zone with the right for resettlement aswell is determined with the density of soil
contamination. This territory of the Russian Federation
outside the restricted zone and the evacuation zone
with soil contamination density by caesium-137 from 5
to 15 Ci/km2. Additional criteria for determination of
the zone borders are established by the Government of
the Russian Federation according to the density ofradioactive contamination by other (except268

caesium-137) long-lived radionuclides.
4. The fourth zone is the residence zone with privilegedsocial-economic status. This is the part of the territoryof the Russian Federation outside the restricted zone,
the evacuation zone and the residence zone with theright for resettlement with radioactive soil
contamination density by caesium-137 from 1 to 5
Ci/km2.

exposed the current system of social-economic andmedical protection to harsh and, from the author’s
point of view, reasonable criticism. The main point isrelated to the problem of dose evaluation delivered tothe population, according to which the decision oncompensations and aid should be made. The analysisof the current Chernobyl legislation on the social
protection testifies to the fact that it does not take into
consideration several crucial aspects of this problem
which is in fact the basis of all "Chernobyl" legislation.
The problems in question here are the methods how toevaluate delivered dose, as well as to determine theconsequences, in consideration of peculiarities of
release and migration of radionuclides, irradiation
duration, dose rate, etc.
According to Yu.O. Zitzer (a leading specialist of
the State Committee on Environment Problems of
Russia), the estimates of dose delivered to the
population, underlying the existing legislation, areimperfect due to the following reasons:
1. The radiation risk of the population may varylargely.
2. Through the experience to evaluate the average
individual dose for a certain group of the population,
it is established that the reliability of dose value
calculated in this way is very low due to a highspread in values; the number of inspection per one
territory should be increased.
3. Although long-term investigations have been carriedout up to now by the Institute of Biophysics, theInstitute of Radiation Hygiene and otherestablishments of the Ministry of Health Care of theformer USSR and Russia, the scope of dosimetricand epidemiological data is absolutely insufficient tospecify the model parameters such as dose
distribution in various regions; parameters ofsocial-related biological effects e.g. mortality;
differentiation of people's sensitivity to radiation,etc.
4. The last point — the differentiation of people's
sensitivity to radiation is a very important factor
influencing the total outcome of irradiation inregions. The radiation-sensitive part of the
population shows an extremely high population
morbidity.

Social aspect of the Chernobyl legislation
The Chernobyl legislation of the Ukraine, Russia
and Belarus comprise two approaches to solve theglobal problems connected with the consequences of
the catastrophe. The first is the abovementioned
territorial approach, the second is the social approach.
The laws designed for the social-economic protectionof the citizens of Russia ("On Social Protection of
Citizens Affected by Radiation in Consequence of theAccident at the Chernobyl NPP"), of the Ukraine ("OnStatus and Social Protection of Citizens Affected by
the Accident at the Chernobyl NPP"), and of Belarus("On Social Protection of Citizens Affected by theCatastrophe at the Chernobyl NPP") have been
adopted in these republics of the USSR practically ayear before its disintegration. The laws, designed forsocial protection of citizens in the three former
republics of the USSR actually supplement the laws ofthese republics connected with the status of territories.
Privileges and compensations are determinedaccording to the levels of the radioactive
contamination density in the territories. Contamination
with chemical and other toxic substances is taken into
account.
The size of compensations and premiums is basedon different principles in the Laws of Russian, theUkraine and Belarus: in Russia it depends on theminimum salary, in Belarus it is a monthly premium ofa certain size with further indexation, in the Ukraine it
depends on the basic pay and salary. Other privileges
and compensations are similar to a significant extent.
In the Ukraine additional privileges andcompensations are set for employees of health care,education and culture establishments.
The amounts of compensations and premiums inzones with right for resettlement and zones ofobligatory evacuation indicate the fact that, in thesystem of social protection, resettlement in Russia of
residents from the affected territories was given more
importance than in the Ukraine and Belarus.

Taking into account the facts given above, thefollowing conclusions can be made: the evaluation of
territory contamination according to the density ofradionuclide deposition and, correspondingly theevaluation of individual dose — the so-called "zone"
approach, which is being used today due to absence ofanother, is imperfect. Radionuclides migrate, areadsorbed and transform in the environment, thuschanging both into less and significantly moredangerous elements.
"The Concept of Radiation, Medical and Social
protection of the Population Exposed to Radiation
Effects" was adopted by the Russian Commission on

Criticism to the current Chernobyl legislation
After ten years from the Chernobyl accident, as aresult of many diversified investigations of thecatastrophe consequences and compensation of thedamage inflicted to the affected people, various
scientists, specialists and ecologists began to question
the correctness of the "Chernobyl" laws of Russia,
Belarus and the Ukraine in regard to the social
protection of the population. A great number of studies269

Radiation Protection, and recommended by theGovernment of the Russian Federation for the revisionand specification of the "Chernobyl law" provisions. In
accordance to this concept, the "dose" approach isintended to replace the current "aerial" approach.
The problem of the "Chernobyl" legislation
revision in the Russian Federation is also connectedwith another important social factor: a number oflegislative acts and Government decrees have been
adopted in Russia regarding social protection of
citizens from different regions of the country affectedby radionuclides as results of radiation accidents at
industrial and military enterprises, or nuclear tests. The
existing trend to spread the "Chernobyl law" onto otherregions of Russia that have been affected by radiation
impacts (activities and accident situations at theIndustrial Association "Mayak" in Chelyabinsk region
and Semipalatinsk Polygon) practically does notconsider the peculiarities of radioactive contamination
and radiation dose formation to the population. A
direct application of the articles of the "Chernobyl law"for these situations is inadmissible.
The political aspect of the "Chernobyl" legislation
also should be also noted. Very often the problem ofsocial protection of citizens residing in the affected
territories becomes exchangeable coins for the people
who have been striving to power, especially in the
period of various election campaigns. In many cases
speculations to get confidence of the electorate in the
Chernobyl zones becomes a pass for such people to get
into big politics.
In 1994-1995 the Russian Duma (the Lower House)
was involved in protracted struggle with the position ofboth the Government and the President in relation to
the revision of the current law on social protection of
citizens, residing in the affected territory. The Dumatried to change the Law aiming to worsen the status ofsuch citizens, despite the fact that during the election
campaign the deputy candidates promised to advocate
them. The President of Russia had to apply to theConstitutional Court of the Russian Federation inconnection with the fact that the law adopted by theDuma in 1995 discriminated the constitutional rights

and freedoms of citizens. Then the President anddeputies agreed to make an amendment to the Law
without decision of the Constitutional Court. The workfor the amendment is not going up to now. Major pointof the struggle between them is related with a question
about the criteria that should be the basis to provide
privileges to inhabitants living in the contaminatedterritories, the level of soil contamination or the valueof irradiation dose. The President considers that, in any
case, interests of inhabitants should not be reduced.
Some deputies who are concerned with this Law try to
decrease the number of the people receiving theseprivileges regardless of the fact that they are living in"dirty" zones. The final resolution of this problem is
not yet obtained.
The Laws adopted in the former republics of the
USSR - Russia, Belarus and the Ukraine have without
doubt produced their positive effect in the society.
However, due to the social and political situation
which emerged in the republics after the disintegrationof the USSR, these Laws are not implemented into
reality always and everywhere. The scale of thecatastrophe requires significant financial expendituresfrom every state affected by Chernobyl. In the given
specific situation these states do not possess suchfinancial means. Consequently, the Laws are often left
unclaimed and millions of people are suffering in theaffected territories under conditions that protection
measures for the environment are not carried out innecessary scales, and the ecosystems are notrehabilitated to the full extent.
Nevertheless, we can be optimistic by the fact itself
that the first fully functional acts aimed at legal
solution of ecological problems of the global
catastrophe at the Chernobyl NPP and social protectionof citizens have been adopted in the former republicsof the USSR. We can expect that in case of situation
stabilisation in these countries, the adopted Laws will
be revised and improved, will function to the full
extent of their power, and will protect the Nature andpeople from the severe consequences of the most grave
anthropogenic accident in the history of the Earth.

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