LEGAL ASPECTS OF MANAGEMENT OF DEMOLITION WASTE RESULTING FROM HOSTILITIES

Abstract

The main purpose of this paper is to identify the shortcomings of legal framework for demolition waste management and substantiate proposals for their elimination. The methodological basis of this study was the methods of analysis and synthesis, induction and deduction, abstraction, terminology analysis, formal legal method, techniques (methods) of legal interpretation, as well as other general scientific and special scientific methods. This paper clarifies the legislative definition of demolition waste, which is proposed to be defined as parts (fragments) of damaged (destroyed) buildings, as well as materials, objects that were inside or next to them at the time of damage (destruction) and/or dismantling work resulting from hostilities, terrorist acts, sabotage or work to eliminate their consequences. The paper also proposes to establish the basic requirements for the management of this waste in the Law of Ukraine “On waste management” and bring the Procedure for demolition waste management in line with this Law in terms of terminology related to the types and meaning of operations to manage demolition waste. It is substantiated that the complete exclusion of activities related to operations to manage demolition waste from the scope of environmental impact assessment is inexpedient. An exception to the rule on the mandatory environmental impact assessment is appropriate for non-hazardous waste treatment facilities with a capacity of less than 100 tons per day, where it is planned to process only demolition waste. It is reasonable to establish a ban on the use of insulating and building materials containing asbestos as part of demolition waste in pursuance of the Law of Ukraine “On the public health system” at the sub-legal level. It is also proposed to apply the Procedure for demolition waste management within one year after the termination or abolition of martial law.