The Law of Ukraine
Date of Entry into Force:
April 14, 1998
The Law of Ukraine “On Waste” (hereinafter referred to as “the Law”) defines legal, organizational and economic principles of activity connected with prevention or reduction of volumes of waste, their gathering, transportation, storage, processing, utilization and removal, making harmless and burial, as well as prevention of negative influence of waste on the environment and human health on the territory of Ukraine.
The Law defines such terms as waste, dangerous waste, producer of waste, handling of waste, objects of handling of waste, the State classifier of waste, waste as secondary raw materials and other.
Basic tasks of the legislation on waster are as follows:
- definition of basic principles of state policy in the field of handling of waste;
- legal regulation of relations regarding activity in the field of handling of waste;
- definition of basic conditions, requirements and rules regarding ecologically safe handling of waste;
- ensuring minimum creation of waste, extension of their use in economic activity, prevention to harmful influence of waste on the environment and human health.
The Law applies to relations connected with creation, gathering and stocking up, transportation, storage, processing (working), utilization, removal, making harmless and burial of waste that are created in Ukraine, are transported through its territory, exported from it, as well as relations connected with transportation, processing and utilization of waste that are imported into Ukraine as secondary raw materials.
The Law defines basic principles and directions of state policy in the field of handling of waste.
The Law also introduces regulation in the field of handling of waste according to which the following norms are set:
- limit indices of creation of waste in the technological processes;
- specific indices of creation of waste, use and losses of raw materials in the technological processes;
- other norms envisaged by the legislation.
Norms in the sphere of handling of waste are worked out by the appropriate ministries, other central bodies of executive power, enterprises, institutions and organizations upon agreement with the specially authorized bodies of executive power in the field of handling of waste.
The subjects of ownership right to waste are the citizens of Ukraine, foreigners, stateless persons, enterprises, institutions and organizations of all ownership forms, territorial communities, the Autonomous Republic of Crimea and the state. The subjects of ownership right own, use and dispose of waste within the limits defined by law.
Waste that do not have the owner or which owner is unknown are considered ownerless. The procedure for reveal and record of ownerless waste is defined by the Cabinet of Ministers of Ukraine.
The Law defines rights and duties of the citizens of Ukraine, foreigners, entrepreneurs, institutions and organizations in the field of handling of waste. So, the subjects of economic activity in the filed of handling of waste, in particular, are obliged:
- prevent creation and reduce volumes of waste;
- ensure acceptance and utilization of used packing materials and package;
- reveal and keep current primary record of quantity, type and structure of waste;
- ensure full gathering, proper storage and non-admission of elimination and damage of waste;
- not to permit storage and removal of waste in unsanctioned places or objects;
- pay for placement of waste timely and according to the set procedure;
- grant information about waste and activity connected with them to the local bodies of executive power and bodies of self-government, specially authorized bodies of executive power in the field of handling of waster;
- perform other duties envisaged by the legislation as regards to prevention of environmental pollution with waste.
The Law defines competence of bodies of executive power and local self-government in the field of handling of waste. In particular, it defines competence of the Cabinet of Ministers of Ukraine, of the Autonomous Republic of Crimea, local state administrations and bodies of local self-government, state sanitary epidemiological service of Ukraine, as well as specially authorized bodies of executive power in the field of handling of waste.
To the competence of the specially authorized central body of executive power in the field of handling of waste and its local bodies in the field of handling of waste refer:
- coordination of work of other specially authorized central body of executive power in the field of handling of waste and control over the observation of requirements of ecological safety;
- carrying out state control over the observation of requirements of ecological safety;
- holding according to set by the legislation procedure of state ecological expertise of scientific research and technological developments and design estimation documents for building and reconstruction of enterprises, outfits, firing grounds, complexes, constructions, other specially allocated places or objects as regards to observation of the requirements of legislation and norms during creation, processing, utilization and removal of waste;
- carrying out control over keeping by the subjects of entrepreneurial activity of primary record of creation, gathering, processing, utilization and removal of waste and their certification;
- issue according to the law of permits to conducting operations in the sphere of handling of waste, etc.
The Law introduces the procedure for keeping record and certification of waste, in particular, of the register of objects of creation, processing and utilization of waste, keeping register of places for removal of waste, as well as conducting monitoring of places for creation, storage and removal of waste.
The Law also defines measures and requirements regarding prevention or decrease of volumes of creation of waste and ecologically safe handling of them.
Payment is imposed on the subjects of entrepreneurial activity for placement of waste. The amount of payment is set on the basis of norms calculated per unit of volume of created waste depending on the level of their danger and value of the territory on which they are placed. For placement of waste over the set limit payment is imposed in the increased amount.
The Law sets responsibility for violations in the field of handling of waste and the procedure for compensation of damage caused due to violation of the legislation on waste.