مسؤولية الإدارة الاحتياطية عن أضرار نشاط القطاع الخاص الإشعاعي دراسة مقارنة

صالح مخلف, أ.د.عارف; حسين علي صبار, عمر

doi:10.63677/jqlap.2021.180384

	مسؤولية الإدارة الاحتياطية عن أضرار نشاط القطاع الخاص الإشعاعي دراسة مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 898-939 PDF (939.05 K)
DOI: 10.63677/jqlap.2021.180384
Authors
أ.د.عارف صالح مخلف; عمر حسين علي صبار
AL-Qadisiya Journal
Abstract
The original management responsibility for radioactivity is decided on the basis of the department's legal or material activity. That is, on the basis of the management’s licensing of the activity or on the basis of the administration’s own practice of this activity. Whether the original management responsibility was established on the basis of error in licensing and oversight or on the basis of material error in practice, or in both cases it was established without error. Whereas, the original administrative responsibility, with its foundations and scope, has become limited to facing the escalating risks of peaceful radioactivity. Whereas the administration had accepted the license for this activity for the private sector, it had to proceed with the care of this activity to the extent that it secured obtaining its gains and benefits without risks and damages it causes to people, workers or the environment. on this emerged the responsibility of the Reserve Administration for the damages of the private sector's radioactive activity. Its meaning is for the administration to intervene to compensate those affected by this activity in cases in which the financial guarantees provided by the licensed operator do not compensate the injured or these guarantees fall short of the prescribed compensation limit. As long as the administration is part of the process of organizing this activity, with the regulations it issues for this activity, and the licensing and control it exercises, then it must bear the consequences of this activity that it has organized and authorized for the private sector when the operator fails to compensate the injured for any reason recognized by law. The responsibility of the Reserve Administration here is either supplementary to complement the compensation paid by the private sector to the injured when the private radio operator's activity results in damages that exceed the compensation amounts specified as the maximum of his liability, and exceed the maximum amount determined in the insurance policy against radiation risk, or it is total when the licensee is unable or the radioactive operator for paying compensation amounts as a result of his exposure or bankruptcy of the insurance company that guaranteed him. or when the insurance has been suspended or canceled. Likewise, when the harmful effects of the accident that occurred in the facility of the private operator are not apparent until after the loss of the right of the injured to file a lawsuit by prescription. Also when the private operator is relieved of his civil liability
Keywords
Radioactivity; Reserve administrative responsibility; The overall responsibility of management; Supplementary responsibility of management

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