Principles of waste management

The purpose of the study was to compare and legally characterize the European and national principles of waste prevention and management. The key basis for the identification of the main principles and their classification were: Directive 2008/98/EC of the European Parliament and of the Council on Waste and on the repeal of certain directives; the Law of Ukraine “On Environmental Protection”, the Law of Ukraine “On Waste Management”; the Order of the Cabinet of Ministers of Ukraine “On Approval of the National Waste Management Strategy in Ukraine until 2030” and doctrinal sources. It is found that the key European principles include: 1) waste prevention (waste minimization); 2) reuse; 3) recycling; 4) waste to energy; 5) disposal; 6) extended producer responsibility. It is proposed to divide waste management principles at the national level into general and special ones. The general principles include those declared in the Law of Ukraine “On Environmental Protection”, in particular, the main ones are: guaranteeing an environmentally safe environment for human life and health; preventive nature of environmental protection measures; mandatory environmental impact assessment; compensation for damage caused by violation of environmental protection legislation; and taking into account the results of strategic environmental assessment. The special principles of the State policy in the field of waste prevention and management are defined in the Law of Ukraine “On Waste Management” - prevention of waste generation; polluter pays; territorial proximity; formation of a competitive environment in the field of waste management. It is found that one of the important economic instruments of the State environmental policy in the field of waste prevention and management is the “polluter pays” principle, which determines that persons responsible for pollution (waste generators or owners) must cover the costs associated with such pollution. It has been established that the most important principle in their entire hierarchy is the principle of waste prevention, which consists in taking maximum measures to prevent waste generation and reduce it to a minimum. In order to strengthen the general principles of environmental protection, it is proposed to supplement Article 3 of the Law of Ukraine “On Environmental Protection” with the principle of “polluter pays”.