Legislative framework for waste management: European experience and ways of its implementation in Ukraine

The scientific paper provides a comprehensive analysis of the European experience in legal regulation of waste management, taking into account current challenges in environmental security and the urgent need to transition to a circular economy. Particular attention is paid to the analysis of Directive 2008/98/ EC on waste and its impact on shaping environmental policy in the European Union member states. The study considers the principle of the waste hierarchy and the extended producer responsibility. The concept of «10R,» implemented within the framework of circular economy policy, is examined in detail. This concept is based on the model of reuse, recycling, and minimization of waste generation. Special focus is placed on the experience of Germany and Sweden, where practical mechanisms for effective sorting, reuse, and energy recovery from waste have been successfully implemented. The Swedish model, which prioritizes minimizing landfilling and maximizing the potential of waste as a resource, is presented as an illustrative example. The article also outlines the legal and regulatory framework governing landfills in accordance with Directive 1999/31/EC, which sets strict standards for the construction, operation, and monitoring of landfill sites. Furthermore, the paper analyzes the current state of Ukrainian legislation in the field of waste management, particularly the provisions of the Law of Ukraine “On Waste Management” No. 2320-IX, adopted in 2023. This law aims to harmonize national legislation with European Union law, especially the requirements of Directive 2008/98/EC. A number of challenges requiring further regulatory development are identified, including the elaboration of subordinate legal acts necessary for the full implementation of extended producer responsibility, the establishment of a unified information system for waste management, and the provision of effective control and monitoring mechanisms. The study concludes that it is necessary to strengthen the legal and organizational instruments for implementing the principles of the circular economy in Ukraine, to improve the systems of waste sorting and collection, and to ensure effective state oversight of compliance with environmental regulations by economic entities.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-07-04
DOI
https://doi.org/10.24144/2788-6018.2025.03.2.4
Primary Topic
Economic Issues in Ukraine
Type
article
Field-Weighted Citation Impact
0.00
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article

Legislative framework for waste management: European experience and ways of its implementation in Ukraine

Vitaliy ZUBKO, O. V. Pilat
Analytical and Comparative Jurisprudence
Economic Issues in Ukraine
article

Legislative framework for waste management: European experience and ways of its implementation in Ukraine

Vitaliy ZUBKO, O. V. Pilat
article en

Abstract

The scientific paper provides a comprehensive analysis of the European experience in legal regulation of waste management, taking into account current challenges in environmental security and the urgent need to transition to a circular economy. Particular attention is paid to the analysis of Directive 2008/98/ EC on waste and its impact on shaping environmental policy in the European Union member states. The study considers the principle of the waste hierarchy and the extended producer responsibility. The concept of «10R,» implemented within the framework of circular economy policy, is examined in detail. This concept is based on the model of reuse, recycling, and minimization of waste generation. Special focus is placed on the experience of Germany and Sweden, where practical mechanisms for effective sorting, reuse, and energy recovery from waste have been successfully implemented. The Swedish model, which prioritizes minimizing landfilling and maximizing the potential of waste as a resource, is presented as an illustrative example. The article also outlines the legal and regulatory framework governing landfills in accordance with Directive 1999/31/EC, which sets strict standards for the construction, operation, and monitoring of landfill sites. Furthermore, the paper analyzes the current state of Ukrainian legislation in the field of waste management, particularly the provisions of the Law of Ukraine “On Waste Management” No. 2320-IX, adopted in 2023. This law aims to harmonize national legislation with European Union law, especially the requirements of Directive 2008/98/EC. A number of challenges requiring further regulatory development are identified, including the elaboration of subordinate legal acts necessary for the full implementation of extended producer responsibility, the establishment of a unified information system for waste management, and the provision of effective control and monitoring mechanisms. The study concludes that it is necessary to strengthen the legal and organizational instruments for implementing the principles of the circular economy in Ukraine, to improve the systems of waste sorting and collection, and to ensure effective state oversight of compliance with environmental regulations by economic entities.

Analytical and Comparative JurisprudenceVol. 2(3)
Weatherford College (US)
Openalex Percentile: Top 72%
Economic Issues in Ukraine
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