Elimination of unauthorized landfills: a vicious circle

Abstract

Relevance. For many years, a problem of eliminating unauthorized landfills on state-owned lands and lands for which state ownership is not demarcated, remains – despite the repeatedly issued decisions of the Constitutional Court of the Russian Federation - unresolved; imposing the responsibility for such liquidation on municipalities remains unfounded. Methodology. Since the research subject is merely practical, the author mostly used specific scientific techniques and methods of cognition. First of all, formal legal and comparative legal ones. Results. The resolution of the Constitutional Court of the Russian Federation adopted on May 30, 2023 was a huge step towards solving this problem: the positions it contained, based on the provisions of Art. 132, 133 of the Constitution of the Russian Federation, create conditions for significant updating in this matter. At the same time, the persisting uncertainty and abstractness of the formulas used by the Court, against the framework of reluctance to show excessive judicial activism, create risks of “freezing” the situation. This is confirmed by the published bill aimed at bringing the RF legislation in accordance with the Constitution of the Russian Federation. There is virtually no hope for a prompt solution to the issue of creating appropriate organizational and financial mechanisms to provide municipalities with the ability to exercise their authority to eliminate landfills on these lands.

Keywords

• unity of the public authority system
• lands and land plots
• state ownership
• demarcation of state ownership
• local issues
• non-tax revenues
• public functions