Destruction waste management: Legal regulation issues

Abstract

The study investigated the legal aspects of managing waste from the destruction of buildings and structures generated by military operations. The relevance of the study arises from the fact that destruction waste is a new category of waste for Ukraine, which appeared during a full-scale war. The relations on the management of destruction waste are also new. These relations require special legal regulation, the development of a set of regulations that would reflect both the characteristics of this waste and the specifics of its management operations, considering the current situation. The purpose of this study was to examine the state of legal regulation of destruction waste management, to identify the principal shortcomings in this area, and to formulate conclusions and proposals which are new to legal science. This purpose was fulfilled using a set of methods of scientific cognition, namely, the dialectical method, the method of analysis, the formal logical method, the historical legal method, the formal legal method, and the method of synthesis. As a result, the study found that the legislation of Ukraine on waste management does not properly reflect the specifics of destruction waste management. To improve the state of legal regulation of this area, proposals were developed for a subordinate regulation consolidating the algorithm for calculating the amount of generated destruction waste, controlling its quantity at distinct stages of its management, and improving the procedure for managing destruction waste whose owner is not established. The study identified the shortcomings of planning for the management of destruction waste at the national, regional, and local levels, and developed proposals for reflecting destruction waste management measures in the relevant waste management plans. The findings obtained are of theoretical significance for legal science in terms of research on the problems of construction waste management, are of practical value in further reforming waste management legislation and can also be used in the work of authorised entities in organising construction waste management operations.