Problems and prospects of economic and legal development of regulation of waste management in Ukraine

Abstract

Problem setting. The article deals with the search for optimal and effective solution of problems related to waste management, problems and prospects of economic and legal regulation of waste management at the national level. Analysis of recent researches and publications. The issue of waste management currently had learned mostly within the specialty 12.00.06 – land law; agrarian law; environmental law; natural resource law. In particular, it is necessary to emphasize the work of Maksimentseva N. «Legal regulation of the handling of hazardous waste» and Yureskul V. «Management of waste in Ukraine». Some elements of the economic and legal regulation of environmentally hazardous activities and environmental entrepreneurship investigated by V. Andreytseva, A. Bobkov, A. Hetman, B. Rozovsky, A. Shapovalova and others. However, the issue of economic and legal regulation of waste management are virtually unexplored. Target of research. The purpose of this article is to study the legal nature of waste management in the context of the economic and legal regulation of this activity, identifying the main legal issues in this area and identify areas for improvement of the economic and legal regulation of such activities. The article also investigates the problem of determining the location of waste management in the national system of jurisprudence. Article’s main body. It is substantiated that solution of the problem of waste management exclusively within the setting environmental requirements for economic activity is one-sided nature that ignores the opportunities for effective implementation of the on-farm policy of economic entities, etc. There is a bias towards environmental and legal regulation of neglecting the development prospects of the economic and legal component in these relationships. It is proved that the need for transformation and expansion of traditional national legislation perception of the process of waste management only through the prism of environmental safety and sanitary-epidemiological requirements, driven by significant expansion of the range of subjects in the field of waste management. Conclusions and prospects for the development. The study formulated the conclusion that currently, due to its interdisciplinary nature, the issue of waste management mainly regulated within environmental law. However, changing priorities as national and sectoral policies, processes of approximation of the laws of Ukraine and the EU requires not only unify approaches, but also expanding as the subject and scope of regulation in the field of waste management as a kind of business. Therefore the main research areas of economic and legal regulation should include determining the status of waste as a commodity and raw materials, features of the functioning of the market for waste management and contracting activities in this area, providing public-private partnership, the definition of economic competence of these relations and the implementation of certain activities in this area.