elni Review 2014, Issue 2, pp. 44-50. https://doi.org/10.46850/elni.2014.006
Ukraine ratified the Basel Convention on the control of transboundary movements of hazardous waste and their disposal (hereinafter - the Basel Convention) as well as the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Managemet. However, national legislation is more declarative than specific; it tends to copy basic general provisions of international documents in this field rather than creating concrete effective mechanisms for their implementation. The duplication and inconsistency of the provisions of Ukrainian legal acts in the field of hazardous waste management has attracted the attention of scholars. This article analyses the main provisions of Ukrainian legislation regulating hazardous waste management in terms of its compliance with the Basel Convention and the Directive 2008/98/EC.
- Basel Convention on the control of transboundary movements of hazardous waste and their disposal, adopted on 22 March 1989.
- Baluk G.I., 2001, The state of Ukrainian legislation on waste and the problems of its improvement. Bulletin of Kyiv National T aras Shevchenko University. Juridical series, No 44.
- Maksimentseva N.O.Legal regulation of the hazardous waste treatment. PhD thesis. 12.00.06, Kyiv, 2006.
- Kornyakova N.O. Legal regulation of waste management under the laws of Ukraine. Bulletin of Kyiv National Taras Shevchenko University. Juridical series, 2004, No 56/59.
- Law of Ukraine of March, 18, 2004, No 1629-IV.
- Ukrainian Act on Waste of March, 5, 1998 No 187/98. Official Bulletin of Ukraine of 16.04.1998, No 13, p. 23, the code of the act 5121/1998.
- Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, OJ 2008 L 312/3.
- Jan Jerzmański Postępowanie z odpadami. [w:] Instytucje prawa ochrony środowiska, Geneza-Rozwój- Perspektywy (W. Radecki, red.), Warszawa 2010. Wyd. Difin, pp. 69-70.
- Polish Act on Waste of December, 14, 2012. OJ 2013 item. 21.
- EU Environmental Policy Handbook. A critical analysis of EU Environmental Legislation. Edit.: S. Scheuer, European Environmental Bureau, Brussels, Belgium, p. 88.
- Court of Justice of the European Union, 2013, Judgment of the Court (First Chamber), 12 December 2013. Shell Nederland Verkoopmaatschappij BV and Belgian Shell NV. Requests for a preliminary ruling from the Rechtbank te Rotterdam. Environment – Waste – Concept – Directive 2006/12/EC – Shipments of waste – Information from the competent national authorities – Regulation (EEC) No 259/93 – Discarding of a substance or object or intention or requirement to discard it (Joined Cases C‑241/12 and C‑242/12).
- Law of Ukraine On Alternative Fuels of January, 14, 2000, No 1391-XIV.
- Methodology of Examination and Certification of Hydraulic Facilities of the Systems of Hydraulic Removal and Storage of Industrial Wastes, approved by the Order of the State Committee of Urbanistics and Architecture of December, 19, 1995, No 252.
- State Classifier of Wastes of Ukraine DK 005-96, approved and put into force by the order of State Committee of Ukraine for Standardization, Metrology and Certification of February, 29, 1996, No 89.
- Court of Justice of the European Union, 2013, Judgment of the Court (Fourth Chamber), 3 October 2013. Donal Brady v Environmental Protection Agency. Request for a preliminary ruling from the Supreme Court (Ireland). Environment — Directive 75/442/EEC — Slurry produced in a piggery and stored there pending its transfer to farmers who use it as fertiliser on their land — Classification as ‘waste’ or ‘by-product’ — Conditions — Burden of proof — Directive 91/676/EEC — Failure to transpose — Personal liability of the producer as to compliance by those farmers with EU law concerning the management of waste and fertilisers (Case C‑113/12).
- 2000/532/EC: Decision of the Commission of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, OJ 2000 L 226/3.
- Regulation of the Cabinet of Ministers of Ukraine of July, 13, 2000, No 1120.
- Decree of the Ministry of Ecology and Natural Resources of Ukraine of October, 16, 2000, No 165.
- Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, 1989.
- Polish Act On Environmental Protection of April, 27, 2001 (ustawa z dnia 27 kwietnia 2001 r. Prawo ochrony środowiska (Dz.U. Nr 62, poz. 627 ze zm.)
- Order of the Ministry of Regional Development, Construction, Housing and Communal Services of Ukraine of August, 1, 2001, No 133.
- Order of the Ministry of Ecology and Natural Resources of Ukraine of November, 4, 2001, No 433.
- Ukrainian Act On the Transport of Dangerous Goods of April, 06, 2000, No 1644-III. Vidomosti Verhovnoi Rady Ukrainy, 2000, No 28.
- Regulation of the Cabinet of Ministers of Ukraine of November, 1, 1999, No 2034.
- State Sanitary Rules and Regulations “Hygienic requirements for industrial waste management and determination of their class of hazard for human health” DSanPiN 2.2.7.029-99, approved by the Decree of Chief Medical Officer of Ukraine of July, 1, 1999, No 29.
- Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, OJ 2006 L 190/1.