СИСТЕМА УПРАВЛІННЯ ВІДХОДАМИ: ТЕОРЕТИКО-ПРАВОВИЙ АНАЛІЗ ТА ЄВРОПЕЙСЬКА ПРАКТИКА

Abstract

The article deals with the current state and prospects of development of legal regulation of waste management. The theoretical aspects of the concept of “waste management” and “handling of waste” are studied, correlation of these concepts is established. According to EU Directive 2008/98/EC of 19.11.2008 on waste the ‘waste management’ means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker. The term of a waste management system for Ukrainian legislation is new. For the first time, at the normative level, this term is used in the National Strategy on waste, but its content is not disclosed. The introduction into the legislative circulation of this term is explained by the harmonization of Ukrainian legislation with EU law within the framework of the implementation of the Association Agreement between Ukraine and the EU. At the same time, for the legislation and science of Ukraine, the term of “handling of waste” remains traditional. The Law of Ukraine “On Waste” defines this notion as an activity aimed at preventing the generation of waste, it collection, transportation, sorting, storage, processing, recycling, disposal, neutralization and disposal, including control of these operations and supervision of places of removal. Consequently, the concept of “waste management”, as well as the concept of “waste management”, is disclosed through the list of relevant waste operations, which makes it possible to treat them as identical concepts. The content of the Ukrainian waste management system is disclosed neither in legislation nor in domestic science, but as any management system, it has such key elements: legal framework and form of operation object and subject of management. The legal basis for the waste management system in Ukraine is the Constitution of Ukraine, laws, regulations and relevant international directives. The object of the waste management system is waste. The waste management system covers the primary management carried out by waste owners and the management activities of public authorities and local governments in the field of waste management. Waste management forms include operations with waste and legal, economic, environmental and other measures. Consequently, the waste management system is a set of legal, organizational, ecological, economic measures set by the law, aimed at the general reduction of waste volumes and reduction of their negative impact on the environment and human health.