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  • Features of Compliance with Environmental Legislation by Manufactures of Goods and Services in the Implementation of Waste Disposal

Features of Compliance with Environmental Legislation by Manufactures of Goods and Services in the Implementation of Waste Disposal

Student: Zaitseva Nataliia

Supervisor: Ksenia Gerasimova

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The relevance of this work is primarily due to the problem of increasing amount of production and consumption waste in the context of increasing population, its economic activity and as a consequence the anthropogenic impact on the environment. The discussion acquires a special urgency, taking into account the current epidemiological situation, the consequence of which is the reorientation of legislative policy priorities from the environmental sphere to the field of public health and economic recovery. Moreover, the problem of production and consumption waste management is directly related to the constitutional right to a favorable environment. The purpose of this research is to examine the legal regulation of production and consumption waste disposal with subsequent identification and generalization of problems in compliance with environmental legislation in the implementation of disposal. On the basis of the analyzed normative legal acts, strategies of industry development, law enforcement practice, including judicial practice, both positive trends in the modernization of production and consumption waste management, in particular the priority in increasing the actual volume of recycling, and some aspects requiring improvement, such as legal uncertainty and gaps in environmental legislation, inefficiency of organizational and financial system of the institution of recycling, lack of developed infrastructure. Various environmental charges and fees, which are a reflection of the principle of payment for the use of natural resources and their impact on the incentives for recycling were analyzed in detail. As a result, the problems of compliance with environmental legislation in the implementation of waste recycling by producers have been disclosed through two approaches: 1. analysis of legal regulation of requirements to fulfill recycling standards and provision of benefits for natural resource users that reduce the negative impact on the environment when carrying out economic activities; 2. analysis of prosecution as a result of violation of the established requirements, bad faith behavior of subjects of environmental legal relations, as well as effectiveness of existing administrative response measures.

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