Regulating Waste Management: National Experience and International Practice

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

https://doi.org/10.47277/JETT/1580

Regulating Waste Management: National Experience

and International Practice

Eleonora Sergeevna Navasardova *, Tamara Ivanovna Makarova , Andrey Nikolaevich Zaharin ,

Kira Vladimirovna Kolesnikova , Roman Vladimirovich Nutrikhin

North Caucasian Federal University, 1 Pushkina Street, Stavropol, 355009, Russian Federation

Belarusian State University, 4 Nezavisimosti Avenue, Minsk, 220030, Republic of Belarus

Received: 09/06/2020

Accepted: 26/09/2020

Published: 20/12/2020

Abstract

The article analyzes legal changes in the field of municipal solid waste management in Russia and considers situations that have already

arisen and will arise in the future in connection with the need to qualify certain acts as offenses under the new legislation. In this regard, the

authors of the article became the first to identify the problems relevant to many former Soviet republics. They have developed solutions that

can be used by countries that experience similar difficulties. To reform the above-mentioned sphere, it is necessary to introduce new actors

into the field of waste management and, accordingly, into the area of legal responsibility in case of non-fulfillment or improper fulfillment

of their duties. The article examines the responsibility, rights and obligations of the parties to such relations. The authors have concluded that

the legislator should clearly define possible violations and types of their punishment. The article also pays attention to such parties involved

in waste management as "landowners". However, the list of possible violators cannot be denoted in such a way since not all owners of land

plots with residential real estate are full-fledged owners of these plots. Some of them lease land plots or have limited property rights. As

landowners, they should be recognized as parties to relations in the field of municipal solid waste management. One more issue which is

especially relevant for the former Soviet republics is to determine an entity responsible for the collection and removal of waste from land

plots, whose ownership is unclear. The article claims that responsibility for cleaning the territory of a land plot should be assigned to local

authorities at the location of this contaminated land plot.

Keywords: Industrial and household waste, legal responsibility

waste management in the context of systemic challenges that arise

Introduction

in the social and legal sphere of modern Russia. In this regard, we

paid much attention to R.Z. Abdulgaziyev's articles that indicate

the need to follow clearly defined legal policies based on

constitutional principles of forming new legislation [5, 6]. The

study conducted by M.V. Voronin and I.V. Przhilenskiy also

emphasizes the importance of legal policy and new opportunities

for using social and legal technologies in its formation [7]. E.V.

Kasevich, G.Y. Atayan, O.N. Amvrosova, G.V. Stankevich and

T.V. Kara-Kazaryan consider the wider implementation of such

technologies [8]. The above-mentioned studies are of great

importance since our hypothesis is that systematic imperfections

of the Russian waste legislation are caused by the insufficient

development of legal policy in this sphere of public relations.

On the one hand, we should take into account the opportunity

to use the achievements of large international organizations in

improving this legal institute. On the other hand, it is necessary to

introduce the best national practices of other countries at the stage

of interstate integration. While considering these options, we

analyzed the scientific works of I.N. Klyukovskaya, E.Y.

Cherkashin, R.R. Gabrilyan, V.Y. Semenov and R.K. Melekayev

The National Project "Ecology" is among modern projects

implemented in the Russian Federation. Special attention is paid

to the issues of waste disposal. The Presidential Council for

Strategic Development and Priority Projects held a meeting on

November 25, 2016 and stated that Russia had accumulated about

00 billion tons of waste. It covers an area of 4 million hectares

1], which is similar to the territory of the Netherlands or

Switzerland (41,526 sq. km and 41,290 sq. km [2], respectively).

The vast territory of Russia allowed neglecting the legal

regulation of waste management for some time.

The Russian Federal Law "On Waste Production and

Consumption" was adopted only in 1998. Until that time, these

relations had been regulated by by-laws. Abroad, similar laws

began to come into force between the late 1960s and early 1970s

[

3]. For example, there are the Solid Waste Disposal Act (the

United States, 1965), the Waste Management Act (Japan, 1971)

and the Waste Management Act (Germany, 1971) [4], etc.

Despite the long-standing legislative regulation of these

relations, other countries have enough problems subject to

scientific analysis. We studied several scientific works to consider

Corresponding author: Eleonora Sergeevna Navasardova, North Caucasian Federal University, 1 Pushkina Street, Stavropol, 355009,

Russian Federation. E-mail: navasardova@yandex.ru

1574

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

concerned with the theoretical and legal research of integration

processes in modern states [9]. Within the framework of

international economic integration, the legal issues of waste

management are considered by many modern sciences. It is worth

mentioning G.V. Calster's research on waste management laws in

the European Union [10] and M. Grosz's study on solving "waste-

related problems" in the legislation of the World Trade

Organization [11]. We are interested in such studies as a

methodological basis for implementing our innovative

approaches not only in Russia but also in other countries within

application. In addition, when writing the article, the authors have

analyzed the classic works devoted to the legal regulation of

production and consumption waste management in accordance

with both the international norms and standards in this area and

the laws of individual countries. These works allowed

formulating the research strategy for a comprehensive and

effective analysis of the changing legislation on waste

management in Russia.

Thus, the chosen methodology was based on the method of

functional analysis of the current legislation. When using this

method, the studied norms were considered not from the point of

view of the perfection of their legal technique or other theoretical

characteristics, but from the point of view of their applicability in

practice, the presence in them of the potential for abuse, their

probable corruption potential and, possibly, incomplete

correspondence to the structure of social relations that had

developed in the area under consideration. The authors believe

that it is the functional analysis that allows adequately assessing

the efficiency of legal norms and developing proposals for their

further improvement.

the Eurasian Economic Union , with which the Russian

Federation has developed close economic ties. The possibility of

such implementation is the most significant hypothesis of our

research from the viewpoint of its application in Russia and

foreign countries.

Due to the relative novelty of the current Russian legislation

and its ongoing amendment, this study represents one of the first

attempts to analyze the corresponding problems and, therefore,

can be called innovative. Its proposals are addressed not only to

the Russian legislator but also to the former Soviet republics

experiencing similar problems related to the legal regulation of

waste management.

Results

Although the main amendments to waste management laws

Methods

were adopted several years ago, the persons and entities involved

are not ready for them either technically or financially. Several

innovations have been put into effect; therefore, the activity or

inactivity of the parties to these relations will be perceived as an

offense by supervisory bodies. Such proceedings are already used

in law enforcement system of other countries [14].

In the light of the foregoing, we can assume that such

innovations will hinder the classification of offenses in the near

future, as exemplified by dynamic legal changes in similar

spheres [15].

The Russian legislation in the field of waste management was

seriously amended in 2014. However, it was also changed in 2015

and 2016. In this context, both the existing norms and the rules

adopted in 2014 (some of them still ineffective) were subject to

adjustment, which, unfortunately, became a stable trend [12]. On

November 12, 2016, the Russian Government adopted Resolution

No. 1156 approving the "Municipal Solid Wastes (Handling and

Management) Rules" which entered into force on November 25,

016. Firstly, these Rules supplement the Federal Law "On Waste

Production and Consumption" and, secondly, specify and clarify

a number of its norms.

2.1 Terms

That being said, this study is based on the analysis of new legal

norms and the on-going process of forming law enforcement by

analogy with the latest research in other areas of jurisprudence

using the cross-sectoral approach [13]. We focus on dynamic

changes in the current Russian legislation on waste production

and consumption, which indicates the absence of a clear and well-

defined state policy in this area that could serve as a reference for

the corresponding legislation. Unfortunately, there is no such

policy, which has given rise to inconsistency, inadequacy and

contradiction in the newly adopted norms. Firstly, we determined

these shortcomings and indicated their possible negative

consequences in law enforcement. Secondly, we synthesized the

norms in this area and brought them to a common standard.

Therefore, we made an attempt to identify weak points of the

Russian legislation on waste management to eliminate them.

Thirdly, we developed our own technique of solving the existing

and potential problems, trying to make it applicable to other

countries at a certain stage of their economic integration with the

Russian Federation.

The terms used in the relevant legislation are crucial for

defining both lawful and unlawful behavior, i.e. the classification

of offenses [16]. Legal amendments in the field of waste

management affected the conceptual framework of the Federal

Law "On Waste Production and Consumption", which happened

in the past [17].

In addition, the understanding of waste has also changed. The

waste generated by production and consumption was

supplemented with the waste produced through the execution of

work and provision of services. We found an example in litigation

practice that demonstrates the importance of expanding the

existing conceptual framework and the possibility of changing the

classification of some offenses [5, 6]. We mean the Resolution of

the Federal Arbitration Court of the North-West District of April

13, 2011 in case No. A56-46698/2010. According to the case, a

limited liability company executed its contract and built access

ways to the facility under construction but failed to dispose of the

soil formed as a result of such work in the location established by

the corresponding regulatory requirements.

When selecting sources, the authors have been guided by the

current trends prevailing in modern legal science regarding the

analysis of new legislation and the emerging practice of its

The court considering this case canceled the previous judicial

decision of the authorized body on holding the above-mentioned

company liable for dumping the soil outside the designated place.

This article was carried out with the financial support of the Russian Foundation for Basic Research, project 20-511-00015 Bel_a "The legal issues of forming

a unified and eco-friendly environment of member states of the Eurasian Economic Union".

1575

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

It referred to the previous concept of waste and claimed that the

soil was not produced and could not be recognized as waste. We

do not aim at criticizing the court that could have regarded the

construction of access ways as production and the extracted soil

as waste. In our opinion, the new legislation refers such an act to

the scope of the Federal Law "On Waste Production and

Consumption". According to this document, waste is substances

or objects that were formed not only in the process of production

or consumption and lost their consumer properties, but also the

ones produced in the course of providing services or performing

some work, which is true for the situation we described above.

Next, we should pay attention to the new concepts introduced

by the Federal Law "On Waste Production and Consumption" of

The law introduces several new liable parties into the field of

waste management, namely, a regional operator for municipal

solid waste management and an operator for municipal solid

waste management. The first actor is a legal entity obliged to

conclude contracts municipal solid waste management with the

owner of such waste. The second actor is a self-employed

entrepreneur or legal entity that collects, transports, processes,

utilizes, neutralizes and buries municipal solid waste. The Federal

Law "On Waste Production and Consumption Wastes" does not

clearly distinguish between the concepts of "regional operator"

and "operator" but it regulates the procedure for acquiring the

status of a regional operator.

Decree of the Government of the Russian Federation of

November 12, 2016 No. 1156 (as amended on September 15,

2018) "On the address with solid utility waste and modification

of the Order of the Government of the Russian Federation of

August 25, 2008 No. 641" comments upon these two concepts.

According to this official document, a regional operator can

manage waste in the prescribed manner both independently and

with the involvement of other operators handling municipal solid

waste. The existing regulatory acts indicate the relationship

between these entities, i.e. a contract on collecting and

transporting municipal solid waste. All these issues have not only

legal but also social significance [20]. In the context of the Decree

of the Government of the Russian Federation, there can be several

operators and each of them can manage municipal solid waste

using a different set of actions (some entities collect and transport

waste, while the others bury and dispose of it, etc.).

Throughout the procedure for acquiring the status of a

regional operator, executive authorities of the constituent entity

of the Russian Federation conduct competitive admission, define

the validity period of this status (at least 10 years) and the grounds

for its revoking. In this regard, operators should own garbage

trucks that meet the technical and safety requirements established

by the Russian federal legislation. Regional laws further develop

the provisions of the federal legislation concerning operators. For

instance, Decree of the Government of Stavropol Krai of August

7, 2017 No. 315-p "On the establishment of the Rules for

implementing the activities of a regional operator for municipal

solid waste management in Stavropol Krai" mentions several

types of operators. Some of them collect and transport municipal

solid waste while others process, dispose of, neutralize and bury

municipal solid waste.

Following the "Municipal Solid Wastes (Handling and

Management) Rules", a regional operator is responsible for

municipal solid waste management from the moment such waste

is loaded into their garbage truck. If such an operator fails to

complete all the subsequent stages of municipal solid waste

management, this violation can be punished in accordance with

Article 8.2 of the Code of Administrative Offenses of the Russian

Federation.

014.

The most significant innovation is the introduction of

municipal solid waste that replaced the category of "solid

domestic waste". The new category comprises domestic waste

generated during individual consumption, waste having a similar

structure and waste generated by the activities of legal entities and

self-employed entrepreneurs. At the same time, these types of

waste cannot be considered as municipal waste. For example, it

refers to the following components of municipal waste having a

similar structure: expired products of trade organizations, public

catering organizations and food markets that get such waste

through the process of production, i.e. entrepreneurial activity.

The above-mentioned law unreasonably uses the term "waste

disposal" but does not reveal its content. This term is mentioned

three times in the document but it is unclear what stands behind

this concept: the transportation of waste, its disposal, burial or the

simple transfer of waste from the workshop where it was formed

to the place of temporary storage [18]. We listed the stages and

types of waste management (that have their own legal regulation);

therefore, the term introduced by the law causes legal uncertainty.

According to I.O. Prokhorov, this term was ineffectively

borrowed from the Basel Convention on the Control of

Transboundary Movements of Hazardous Wastes and their

Disposal of 1989 [19]. We believe that it should be excluded from

the law in question.

The new concepts introduced into the above-mentioned law

are as follows: "waste treatment" that includes the preliminary

preparation of waste for its subsequent disposal, sorting,

disassembly and remediation; "waste disposal facilities" that are

represented by subsurface sites and underground structures for the

disposal of Class 1-5 hazardous waste; "waste storage facilities"

and "waste disposal facilities" that are facilities specially

equipped in conformity with the legislation in the field of

environmental protection, ensuring the sanitary and

epidemiological well-being of the population and intended for the

long-term storage of waste for its subsequent disposal,

neutralization or burial; "product waste", i.e. waste formed after

goods or their packaging lose their consumer properties in whole

or in part.

A regional operator is also obliged to notify land plot owners

of unauthorized storage of municipal solid waste. If the latter does

not clean the site from waste or does not conclude an agreement

with the regional operator for its disposal, the regional operator

needs to eliminate the unauthorized dumping ground on its own

and at its own expense and then take recourse upon the land plot

owner. If the regional operator fails to comply with this legal

requirement, it might be held administratively liable.

However, not all of these terms and concepts directly affect

the classification of such acts as offenses. Indeed, the new

definitions indicate additional cycles (stages) of waste

management. For instance, to hold someone liable under Article

.2 of the Code of Administrative Offenses of the Russian

Federation, the non-fulfillment or improper fulfillment of these

stages of waste management should violate the requirements of

environmental protection.

According to Article 19.8.1 of the Code of Administrative

Offenses of the Russian Federation, if operators (regional

.2 Liable parties

1576

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

operators) for handling solid municipal waste fail to provide

information or provide fraudulent information about their

activities, do not publish any information or publish fraudulent

information about their activities, they will be subject to

administrative liability, which predetermines high information

standards and severe legal regime of these relations. It seems that

violations of this legal regime might also be associated with

corruption, which shows them from a different and more serious

criminogenic perspective [21].

in land property. As a result, they can be in different forms of

ownership. Most of them are either owned by constituent entities

of the Russian Federation or are not assigned to any constituent

entity, i.e. the lands they occupy are not classified by the forms of

public ownership.

It would be logical to assign responsibility for cleaning the

territory of forest belts and other land plots to local authorities in

cases where the ownership of land plots is not apportioned but it

is necessary to dispose of waste (if the perpetrators of illegal

dumping are unknown). This statement is based on the analysis of

the relevant legislation: according to Article 3.1 of Federal Law

of October 25, 2001 No. 137-FZ (as amended on August 3, 2018)

"On the introduction of the Land Code of the Russian Federation",

local self-government bodies are responsible for handling non-

delineated lands. Therefore, they are recognized as the owners of

such lands before the delineation of state property.

Until 2015, the Russian local authorities had to participate in

organizing activities for the collection and transportation of solid

municipal waste in the territories of the corresponding

settlements. However, the current version of Federal Law of June

24, 1998 No. 89-FZ (as amended on December 25, 2018) "On

Waste Production and Consumption" excluded such an

obligation. Under Article 8 of Federal Law of June 24, 1998 No.

89-FZ (as amended of December 25, 2018) "On Waste Production

and Consumption", local self-governments are currently

responsible for the creation and maintenance of dumping sites for

municipal solid waste, as well as determining the layout of

dumping sites for certain types of waste and maintaining a register

of such sites. According to Russian legislation, the executive

bodies of public-law entities can exercise any type of activity

related to budget financing only if this type of activity is assigned

to this body as a legal obligation. Therefore, local self-

government bodies are generally not entitled to dispose of waste

even from the land plots they own.

Article 6 of Federal Law of June 24, 1998 No. 89-FZ (as

amended on December 25, 2018) "On Waste Production and

Consumption" states that the accumulation, collection,

transportation, processing, neutralization, burial and disposal of

municipal solid waste is included into the powers of constituent

entities of the Russian Federation. Consequently, if illegal

dumping is located on non-delineated lands, the responsibility for

their liquidation lies with a certain constituent entity of the

Russian Federation.

A similar rule is contained in Clause 7.2 of Article 26.3

"Principles of financial support for public authorities of a

constituent entity of the Russian Federation exercising their

powers on the jurisdiction of the Russian Federation and on the

joint jurisdiction of the Russian Federation and constituent

entities of the Russian Federation" of Federal Law of October 6,

1999 No. 184-FZ (as amended on February 6, 2019) "On general

principles of organization of legislative (representative) and

executive bodies of state power of the constituent entities of the

Russian Federation".

The legal analysis of constituent entities of the Russian

Federation in terms of imposing powers on executive authorities

gives reason to claim that the liable party in terms of waste

disposal on non-delineated lands should be housing and utilities

agencies of the constituent entity of the Russian Federation. For

example, this approach is confirmed by Sub-Clause 29, Clause

10.6 of Decree of the Government of Stavropol Krai of December

25, 2014 N 545-p (as amended on February 26, 2019) "On

Under the Federal Law "On Waste Production and

Consumption", liable parties to property relations are "owners of

waste disposal facilities", "persons possessing or using waste

placement facilities" and "owners of dumping sites for

accumulating solid municipal waste". Along with the owners of

municipal solid waste, the current legislation refers to land plot

owners and owners of premises in an apartment house. However,

the issue of land plot owners as liable parties to relations in the

field of municipal solid waste management should be considered

absolutely and irrespectively. Until recently, housing and utilities

agencies have tried to conclude agreements with land plot owners

in the so-called non-public area. The majority of owners refused

to conclude such contracts for the disposal of municipal solid

waste. When housing and utilities agencies applied to courts and

tried to coerce such persons to conclude contracts with them, the

courts refused to satisfy their claims since civil legislation

proceeds from the free will of the parties concluding contracts. If

one party does not want to conclude an agreement, there can be

no agreement on the disposal of municipal solid waste. Due to

modern changes in the relevant legislation, courts will not be able

to protect the owners of land plots and residential buildings

located on them to conclude an agreement by authority of law. In

case of refusal to conclude a contract for the disposal of municipal

solid waste, the person generating waste might be held

administratively liable under Article 6.35 of the Code of

Administrative Offenses of the Russian Federation "Failure to

comply with sanitary and epidemiological requirements when

handling production and consumption waste".

While generally approving the current legislative changes on

waste management, we believe that the number of parties has

been significantly reduced. Not all owners of land plots with

residential property located on them are the owners of these plots.

Some of them lease land plots or have lifetime ownership with

hereditary succession. Such property rights are typical of land

plots located in the territory of resorts, where land plots with

residential buildings positioned in the first and second zones of

sanitary (mountain-sanitary landfill) control cannot be fully

owned but are assigned to the owners of residential houses on the

right of lease. There is a similar situation with residential

buildings built on other land plots with limited land use rights or

removed from the stream of commerce. The list of such land plots

is indicated in Article 27 of the Land Code of the Russian

Federation. A few more issues arise in connection with the public

ownership of land plots and land plots without state ownership, as

well as situations related to delegated powers. The most common

problem is illegal dumping in the territory of field-protective

afforestation, the so-called forest belts, i.e. forest ranges

artificially planted on agricultural land. The first forest belts were

created in the middle of the 20 century and played an important

role in protecting fields from winds and maintaining the

hydrological regime of soils. During the privatization of

agricultural land in the early 1990s, forest belts were not included

1577

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

approving the Decree on the Ministry of Housing of Stavropol

Krai". According to this law, the above-mentioned ministry is

entrusted with the power to accumulate (including waste sorting),

collect, transport, process, neutralize, bury and dispose of

municipal solid waste.

Federation, whose implementation is not financed and not

provided with any subventions, therefore, forestries are not

entitled to eliminate unauthorized dumps. Since it is not clear how

responsibility for eliminating environmental damages, including

waste, will be distributed among different levels of state power, it

is inadmissible to prosecute forestry officials. The Code of

Administrative Offenses of the Russian Federation and Criminal

Code of the Russian Federation contain several articles related to

the violation of waste management rules [25].

There are two contradicting articles, namely, Article 6.3 and

Article 8.2 of the Code of Administrative Offenses of the Russian

Federation. Article 6.3 dwells on the violation of sanitary rules

and hygienic standards that include waste management rules.

Article 8.2 also refers to non-compliance with environmental and

sanitary-epidemiological requirements for handling production

and consumer waste, which is of great importance for protecting

public health [26]. The relevant scientific literature notes that the

content of Article 6.3 is common to the provision of Article 8.2.

This fact might mean that Article 8.2 of the Code of

Administrative Offenses of the Russian Federation is applied in

case of violating the rules for handling municipal solid waste that

infringe on sanitary and epidemiological requirements. In

practice, courts apply both Article 8.2 and Article 6.3. If the

application of both articles is within the jurisdiction of

Rospotrebnadzor (the Russian Agency for Health and Consumer

Rights), then environmental supervision authorities consider the

cases covered by the disposition of only Article 8.2 of the Code

of Administrative Offenses of the Russian Federation.

Thus, in case of waste non-disposal on non-delineated lands,

the liable party should be an official from housing and utilities

agencies of constituent entities of the Russian Federation

entrusted with such a duty. If there is at least some clarity on non-

delineated lands, then the status of state forest funds is

ambiguous. The forests growing on these lands are in federal

ownership but a significant number of powers have been

transferred to constituent entities of the Russian Federation.

However, the organization of waste disposal from state forest

funds is not included in these powers and such powers are not

delegated to the Federal Agency for Forestry. This power in

relation to such lands should be recognized as "dropped out" [22].

As we have already noted, the power to dispose of waste from

the lands of forest funds is not assigned to anyone. At the

beginning of 2019, the Federal Agency for Forestry issued "The

Clarifications on the elimination of illegal dumping with due

regard to decrees of the Constitutional Court of the Russian

Federation". They state as follows: firstly, cleaning forests from

garbage, pollution and other negative impacts is no longer a

sanitary and recreational activity and, accordingly, is not included

in the body's obligations. Thus, the Federal Agency for Forestry

disengaged itself from an obligation for disposing of municipal

solid waste from forest lands. Secondly, these Clarifications

indicate that this obligation is not delegated to constituent entities

of the Russian Federation. Therefore, it cannot be exercised at the

expense of subventions allocated for the implementation of

delegated powers [23]. Thirdly, the current legislation does not

explicitly regard the obligation of constituent entities of the

Russian Federation to dispose of waste as a delegated authority

but a constituent entity of the Russian Federation must fulfill this

obligation.

Discussion

Indeed, the "Municipal Solid Wastes (Handling and

Management) Rules" has introduced many norms related to the

responsibilities of regional operators in the field of waste

management. However, the existing legislation does not regard

the failure to fulfill these obligations as grounds for convicting

them of an administrative or criminal offense [27]. These Rules

mention administrative responsibility only once and in relation to

consumers keeping their municipal solid waste outside the

designated places. At the same time, the analysis of the current

situation shows a significant increase in cases related to the

unscrupulous work of regional operators. They can avoid

concluding contracts for the disposal of municipal solid waste and

even impose unreasonably high tariffs, which is typical of not

only Russia but also other countries [28].

In this regard, the Federal Agency for Forestry provides

several arguments. According to Article 1 of Federal Law of

January 10, 2002 No. 7-FZ "On Environmental Protection"

(

hereinafter referred to as "Federal Law No. 7-FZ"), objects

causing environmental damages include territories where such

objects have been identified and disposal facilities that serve as a

source of the above-mentioned damages. A similar trend is

common in other countries [24].

Clause 2 of Article 80.2 of Federal Law No. 7-FZ states that

the elimination of environmental damages should be carried out

by state authorities of constituent entities of the Russian

Federation and local self-governments. Clause 4 of Article 80.2

of Federal Law No. 7-FZ claims that the procedure for eliminating

environmental damages is established by the Government of the

Russian Federation. In addition, the Clarifications indicate that

the Ministry of Natural Resources and Environment of the

Russian Federation has developed a draft resolution of the

Government of the Russian Federation "On approving the

Procedure for eliminating environmental damages".

Constituent entities of the Russian Federation establish their

own practice of imposing administrative sanctions through the

issuance of appropriate decisions by prosecution authorities to

initiate administrative proceedings against forestry officials [7].

However, the disposal of municipal solid waste is not an

obligation delegated to constituent entities of the Russian

In this regard, it is necessary to expand the current Russian

legislation or provide clarifications regarding the possibility of

holding regional operators liable. In our opinion, it is not enough

to deprive them of their status. Their unscrupulous behavior

deserves more severe government responses. The same practice

can be recommended to the former Soviet republics, which is

especially important in connection with their ongoing integration

into the Eurasian Economic Union.

Other countries, including developed economies (for

instance, the European Union), also experience similar problems.

Thus, the imperfection of the Italian legislation on waste

production and consumption has already provoked major crises,

when public authorities did not fulfill their basic functions in this

area and large cities drowned in garbage. Scientific papers

analyzing crisis data rarely provide any solutions [10]. The

European Union does not offer any ready-made solutions, simply

banning the common disposal of household hazardous waste

1578

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

(

storage and rechargeable batteries, plastic items, etc.) and

Authors are aware of, and comply with, best practice in

publication ethics specifically with regard to authorship

(avoidance of guest authorship), dual submission, manipulation

of figures, competing interests and compliance with policies on

research ethics. Authors adhere to publication requirements that

submitted work is original and has not been published elsewhere

in any language.

making its members form specific public-private rules of waste

management enshrined in their national legislation [9].

The issues that Russia is facing in this sphere are also relevant

for its neighboring states (for example, the Republic of Belarus,

the Republic of Kazakhstan, the Republic of Armenia, the Kyrgyz

Republic, etc.). If one of them develops an acceptable legislative

and law enforcement model for improving the above-mentioned

relations, the others can adopt it as well [11]. However, it seems

that such models can hardly be developed at the level of

international agreements (namely, within the framework of the

Eurasian Economic Union) but rather in leading countries, whose

role can be fulfilled by Russia. The rest of the countries that have

close ties with Russia will be able to subsequently borrow and

assimilate the solutions developed. A common solution to the

disposal of production and consumption waste can become one of

the most important criteria for effective interstate integration at

the stage of forming a unified and eco-friendly environment of the

Eurasian Economic Union.

Competing interests

The authors declare that there is no conflict of interest that

would prejudice the impartiality of this scientific work.

Authors’ contribution

All authors of this study have a complete contribution for data

collection, data analyses and manuscript writing.

References

Meeting of the Council for Strategic Development and Priority

Projects;

2016.

Available

from:

http://www.kremlin.ru/events/president/news/53333

Conclusion

World-Globe.ru. List of countries in the world by area. The area of

every country in the world; 2013. Available from: http://www.world-

globe.ru/countries/area/

Hawkins RGP, Shaw HS. The Practical Guide to Waste Management

Law. London: Thomas Telford Publishing; 2004. 237 p.

Smail L, Lee R. Waste Regulation Law. London: Bloomsbury

Academic; 2015. 728 p.

Abdulgaziyev RZ. Legal Consciousness as a Factor in the Formation

of the Rule of Law. Revista Dilemas Contemporáneos: Educación,

Política y Valores. 2019; 7:1-12. Article 37.

The study has proved that the adopted legislation in the field

of municipal solid waste management is relatively new but needs

to be improved. It is necessary to clarify some of its terms, in

particular, to dwell on the concept of "waste disposal". The

Federal Law "On Waste Production and Consumption" and the

"Municipal Solid Wastes (Handling and Management) Rules"

contain a different list of liable parties in the field of municipal

solid waste management, which is unacceptable. It is also

necessary to clearly define the responsibility of the persons and

entities involved in municipal solid waste management. In this

regard, we need to determine public authorities responsible for the

disposal of waste from lands regardless of their form of ownership

6. Abdulgaziyev RZ. Problems of Qualification of Complex Single

Crimes. Revista Dilemas Contemporáneos: Educación, Política y

Valores. 2019; 7:1-14. Article 38.

Voronin MV, Przhilenskiy IV. Social and Legal Technologies in the

System of Legal Policy. Journal of Politics and Law. 2019; 12(5):48-

–

the practice already utilized by other countries [29]. We believe

Kasevich EV, Atayan GY, Amvrosova ON, Stankevich GV, Kara-

Kazaryan TV. Financial Control as Legal Institution:

that housing and utilities agencies of the constituent entity of the

Russian Federation should be responsible for performing such

work. In relation to forest lands, the Federal Agency for Forestry

should remove waste or their powers should be delegated to the

constituent entities of the Russian Federation and enshrined in the

relevant law. We hope that this study will be useful for lawyers

and environmental experts who start to analyze the recent Russian

legislation on municipal waste and its application. Unfortunately,

dynamic legislative changes have undermined the relevance of

earlier scientific works written on this topic and based on the

outdated legislation. However, new norms are not effective and

need to be improved. The conclusions drawn in this study can be

used in the course of further legislative changes and new scientific

works on this issue.

Comparative Legal Analysis of the Russian and EU Expertise. In:

Popkova E, Ostrovskaya V, editors. Perspectives on the Use of New

Information and Communication Technology (ICT) in the Modern

Economy. ISC 2017. Advances in Intelligent Systems and

Computing, vol. 726. Cham: Springer; 2019. p. 439-445.

Klyukovskaya IN, Cherkashin EY, Gabrilyan RR, Semenov VY,

Melekayev RK. Methodological Basis of the Theoretical and Legal

Research of Integration Processes in Modern States. International

Journal of Engineering and Technology. 2018; 7(4(38)):261-264.

10. Calster GV. EU Waste Law. Oxford: Oxford University Press; 2015.

433 p.

11. Grosz M. Sustainable Waste Trade under WTO Law. Zurich: Law

Faculty of the University of Zurich; 2010. 559 p.

2. Zhuzhgov IV, Volkov AA, Salnyy AM, Kulikova TB,

Ryasnyanskaya NA. Legal space monitoring: theoretical and legal

aspects. Opcion. 2019; 35(20):2337-2365.

13. Smirnov DA, Tereshchenko EA, Botasheva LE, Trofimov MS,

Melnikova VA, Dolgopolov KA. Digital jurisprudence. Revista

Inclusiones. 2020; 7(1):273-283.

Aknowledgment

We express our gratitude to the Russian Foundation for Basic

Research for providing financial support in the preparation of this

article within the framework of the grant project "The legal issues

of forming a unified and eco-friendly environment of member

states of the Eurasian Economic Union" (project No. 20-511-

4. McElwee CR. Environmental Law in China: Managing Risk and

Ensuring Compliance. Oxford: Oxford University Press; 2011. 330 p.

5. Kibalnik AG, Volosyuk PV, Abdulgaziev RZ. Research of Criminal

Punishment in Russian Dissertation Theses: Key Trends in 2010-

0015 Bel_a).

019. Russian Journal of Criminology. 2019; 13(5):825-836.

6. Baieva NA, Vysheslavova TF, Lukinova SA. Principle of equity in

the law of social security. Journal of Advanced Research in

Ethical issue

1579

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1574-1580

Dynamical & Control Systems. 2019; 11(08-Special Issue):2754-

759.

7. Navasardova ES, Nutrikhin RV, Zinovyeva TN, Shishkin VA,

Joludeva JV. Codification of the Natural Resource Legislation in the

Russian Empire. Journal of Advanced Research in Law and

Economics. 2018; 9(1):183-193.

8. Peiry KK, Ziegler AR, Baumgartner J. Waste Management and the

Green Economy: Law and Policy. Cheltenham: Edward Elgar

Publishing; 2016. 229 p.

9. Prokhorov IO. Obrashchenie s otkhodami: novaya terminologiya i

novye kontseptsii [Waste management: new terms and new

concepts]. Spravochnik ekologa. 2015; 2(26):8-24. Available from:

http://ecolog-info.ru/magazine-articles/show/28/

0. Baieva NA, Burkin DO, Vysheslavova TF, Lukinova SA. The

concept of the social state and its implementation in the Russian

Federation. Journal of Advanced Research in Law and Economics.

017; 8(5(27)):1446-1455.

1. Klyukovskaya IN Galstyan IS, Lauta ON, Mayboroda ET,

Cherkashin EY. International Organizations on Fighting against

Corruption: Legal Means and Methods of their Implementation in

National Legal Systems. Journal of Advanced Research in Law and

Economics. 2016; VII(7(21)):1734-1743.

2. Pocklington D. The Law of Waste Management. London: Sweet &

Maxwell; 2011. 860 p.

3. Navasardova ES, Kolesnikova KV. On the flaws in environmental

legislation that feed corruption. Criminology Journal of Baikal

National University of Economics and Law. 2016; 10(1):185-193.

4. Anand S. Solid Waste Management. New Delhi: Mittal Publications;

010. 409 p.

5. Smirnov DA, Zhukov AP, Aparina OY, Lauta ON. Zakalyapin DV.

Use of the Transformational Leadership Model in Police

Management. Amazonia Investiga. 2019; 8(20):236-241.

6. Avanesova AA, Shamliyan TA. Worldwide implementation of

telemedicine programs in association with research performance and

health policy. Health Policy and Technology. 2019; 8(2):179-191.

7. LaGrega MD, Buckingham PL, Evans JC. Hazardous Waste

Management: Second Edition. Long Grove: Waveland Press; 2001.

202 p.

8. Letcher TM, Vallero DA. Waste: A Handbook for Management. San

Diego: Elsevier; 2011. 545 p.

9. Strasser S. Waste and Want: A Social History of Trash. New York:

Henry Holt and Co; 1999. 255 p.

1580