Administrator of household waste management services: novelty of the Law of Ukraine “On waste management”
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Abstract
In accordance with the provisions of the Association Agreement concluded between Ukraine and the European Union, our country has undertaken to begin the process of harmonizing Ukrainian legislation with EU law in the most important areas of the economy. One of the first steps taken in this direction, which concerned, in particular, the housing and utilities sector, was the Law of Ukraine “On Waste Management” adopted by the Verkhovna Rada of Ukraine on June 26, 2022. This Law embodied the start of the reform of the waste management system, as evidenced by the Law’s card on the Verkhovna Rada’s website. According to the law card, the adoption of the Law of Ukraine “On Waste Management”: first, caused the Law of Ukraine “On Waste”, which had been regulating the waste management sector since 1998, to become invalid; second, it led to systemic changes to 30 other existing laws of Ukraine and 6 resolutions of the Cabinet of Ministers of Ukraine that apply to this area. In addition, the adoption of the Law of Ukraine “On Waste Management” led to the adoption of 21 regulatory legal acts that regulate the waste management sector in one way or another. It is obvious that all of the above amendments contain a number of novelties in the field of waste management, and, first of all, such new constructions for Ukrainian legislation are contained directly in the already mentioned Law of Ukraine “On Waste Management”. One of them, and perhaps the most important one, is the legal construction laid down in the Law of Ukraine “On Waste Management” regarding the administrator of household waste management services, which should be established in territorial communities by the relevant decision of a city, village or settlement council. This article analyzes the position of the national legislator regarding the creation of such a new entity for the waste management sector as a service administrator. In addition, an attempt is made to consider the key issues related to the organizational and legal form of the administrator, and the shortcomings and weaknesses of the Law of Ukraine “On Waste Management” in this part are indicated. Given the problematic nature of the issue, the author suggests ways to resolve it, which should serve the purpose of improving the efficiency of implementation of the provisions of the Law of Ukraine “On Waste Management” and facilitate further reform of this area in accordance with the best international and European practices.