Zinovkin, N.S. Overview of judicial practice on payment for the emplacement of industrial and consumption waste

Abstract: The object of studies in this article includes payment for the negative influence on the environment in part of emplacement of industrial and consumption waste. Topicality of the issue is proven by the vast judicial practice, which is quite contradictory, and legislative imperfections in this sphere. The topicality mainly has to do with defining the subject, who is obliged to pay for the negative influence on the environment. Currently, there are two leading positions: either the producer of waste should pay, or a specialized organization arranging its emplacement. The article analyzes several approaches towards defining the subjects obligated to make payments: from the standpoint of the principles of environmental legislation and its spirit, and from the point of view of the transfer of the proprietary right to waste. Based upon these approaches the author offers to amend the Federal Law “On Industrial and Consumption Waste”, providing for the reference to the owner of waste as the party, who has to make the payment, and the amendments should be made into the Federal Law “On Environmental Protection”, referring to payment for production and not the emplacement of waste.

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