Publication date: 11.07.2024
Liability for violation of waste recycling rules
Waste recycling is an important component of each country's environmental policy aimed at reducing the negative impact on the environment. Proper waste management ensures the conservation of natural resources, reduces pollution and improves the quality of life. However, violations of waste management rules can have serious consequences for both the environment and human health. In this article, we will consider the main aspects of liability for violation of waste recycling rules, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
Waste management in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Waste":
- Defines the legal and organisational framework for waste management activities, establishes requirements for waste processing, disposal and storage, as well as liability for violations of the legislation in this area.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, sets requirements for environmental safety, including in the area of waste management.
Law of Ukraine "On Ensuring Sanitary and Epidemiological Welfare of the Population":
- Establishes sanitary and epidemiological requirements for waste management, including its storage, transportation and processing.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on waste recycling, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for committing crimes in the field of waste management, including environmental pollution, illegal storage or transportation of waste.
Resolutions of the Cabinet of Ministers of Ukraine and other regulations:
- Establish additional requirements for waste recycling, regulate the procedure for obtaining permits, reporting and control over activities in this area.
Key violations of waste recycling rules
The main violations of waste management rules may include:
Illegal storage and disposal of waste:
- The storage or disposal of waste in unauthorised locations, without appropriate permits and in violation of environmental regulations and standards.
Non-compliance with waste treatment technologies:
- The use of uncertified recycling technologies, deviations from approved methods and violations of technological processes.
Environmental pollution:
- Emissions of harmful substances into the air, water or soil during waste processing that exceed established standards.
Illegal waste transport:
- Transporting waste without the appropriate permits, in violation of safety and environmental standards.
Violation ofreporting and control requirements:
- Failure to provide or provide inaccurate information on the volume and methods of waste processing, failure to comply with the requirements of regulatory authorities.
Types of liability for violation of waste recycling rules
Violations of waste management rules can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of the waste recycling legislation, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of a business entity's activities. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability is incurred in the event of material or moral damage to individuals or legal entities as a result of improper waste processing. Victims have the right to seek compensation through the courts. Liability may include compensation for material damage (lost property, repair costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for waste management offences, such as environmental pollution, illegal storage or transportation of waste, which have resulted in serious consequences. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines in the amount of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for bringing waste recyclers and their employees to liability for violations of waste recycling rules depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Environmental Inspectorate, local self-government bodies) or following complaints from citizens. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, victims may file a lawsuit for damages. The court examines evidence of improper waste treatment, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In case of crimes committed in the waste management sector, victims or other interested parties may file a criminal complaint with law enforcement agencies. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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