Ownership of Waste: Legal Problems of Implementation and Transition
This article is devoted to the current issues of legal regulation of waste management in result of production and consumption. Waste is not only a special kind of property, but also a special object of property rights, the object of civil rights and civil turnover and a special object of ownership, peculiarities of their legal regime and legal regulation of activities to deal with them. The purpose of this study is to identify the specifics of the turnover of waste as property and the object of ownership, the procedure and conditions for the transfer of its ownership from one person to another, as well as its alienation, taking into account the views of legal science and the law-enforcement practice (courts’ interpretation and explanations of authorized federal executive bodies). The author also analyzed the main problems of the duties’ implementation of the owner of the waste, in particular, taking into account the repeatedly changing trends in law enforcement practice, the nuances related to the need to fulfill duties - paying fees for the negative impact on the environment in the disposal of wastes. As a result of the conducted research, the author comes to the conclusion that waste produced by the production and consumption represents a very specific type of property and an object of civil rights - movable property with a limited circulation, the order of origin and alienation of ownership that is currently established in accordance with the main provisions of civil legislation, taking into account the specifics provided by the legislation on environmental protection.