Гуманитарные и юридические исследования (Nov 2021)
LEGAL REGULATION OF WASTE MANAGEMENT IN THE COUNTRIES OF THE EURASIAN ECONOMIC UNION
Abstract
The article is devoted to the analysis of waste legislation and the elimination of accumulated damage, as well as the practice of applying such legislation in the countries of the Eurasian Economic Union. The article considers the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 1989, to which all the Eurasian Economic Union member states are currently parties. The question of the impact of the Basel Convention on their national legislation has been raised. The legislative gaps and shortcomings of the statutory regulation of waste management, as well as the elimination of accumulated damage in each of the Eurasian Economic Union countries, have been identified. The most successful legal novelties in this area of relations have been identified. Recommendations on their borrowing by other Eurasian Economic Union countries have been formulated. In particular, the norms of the new Environmental Code of the Republic of Kazakhstan (entered into force on July 1, 2021) have been analyzed, which are recognized as the most progressive both in terms of detail and thoroughness of study, and in terms of their environmental orientation.The article states that several Eurasian Economic Union countries have outlined common approaches to regulating the management of hazardous waste. Based on this, it has been proposed to strengthen the role of supranational regulation of these relations within the Eurasian Economic Union by developing a system of international legal acts and harmonizing the national legislative systems of the member states of the Union on this issue. Special emphasis has been placed on the powers of the authorities in the field of liquidation of accumulated damage. Significant problems have been identified in the relevant Russian legislation, as well as in the practice of its application. Proposals for their elimination have been formulated.
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