Conveyancing of Waste in Civil Rights

Waste can be an object of civil rights. The article defines such notions as production, consumption, and subsoil wastes in civil rights, as well as clarifies the subjective and objective utility of wastes for civil turnover. The right of waste ownership is associated with its limited negotiability. It is established when the waste generator is obliged to remove it as stipulated by the corresponding norms. The legislator distinguishes between the owner of waste and the generator of waste when calculating the environmental tax. As a general rule, conveyancing does not exempt the generator from making the designated payments. The sphere of subsoil waste has some specifics in this regard due to the recent changes in the special legislation. Despite its objective usefulness, subsoil waste often remains beyond objective turnover and sustainable use. The analysis of the legal relations in subsoil use reveals that licensing is a dispositive transaction sub modo. Due to the separation of the ownership right to subsoil wastes and minerals in them, conveyancing waste to a third party may be problematic.

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Journal
Bulletin of Kemerovo State University Series Humanities and Social Sciences
Published
2025-12-05
DOI
https://doi.org/10.21603/2542-1840-2025-9-4-633-648
Primary Topic
International Environmental Law and Policies
Type
article
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article

Conveyancing of Waste in Civil Rights

В. В. Калинин, Andrey Peraladov
Bulletin of Kemerovo State University Series Humanities and Social Sciences
International Environmental Law and Policies
article

Conveyancing of Waste in Civil Rights

В. В. Калинин, Andrey Peraladov
article en

Abstract

Waste can be an object of civil rights. The article defines such notions as production, consumption, and subsoil wastes in civil rights, as well as clarifies the subjective and objective utility of wastes for civil turnover. The right of waste ownership is associated with its limited negotiability. It is established when the waste generator is obliged to remove it as stipulated by the corresponding norms. The legislator distinguishes between the owner of waste and the generator of waste when calculating the environmental tax. As a general rule, conveyancing does not exempt the generator from making the designated payments. The sphere of subsoil waste has some specifics in this regard due to the recent changes in the special legislation. Despite its objective usefulness, subsoil waste often remains beyond objective turnover and sustainable use. The analysis of the legal relations in subsoil use reveals that licensing is a dispositive transaction sub modo. Due to the separation of the ownership right to subsoil wastes and minerals in them, conveyancing waste to a third party may be problematic.

Bulletin of Kemerovo State University Series Humanities and Social SciencesVol. 9(4)
American Bar Association (US), Kutafin Moscow State Law University (RU), Kemerovo State University (RU)
Openalex Percentile: Top 51%
International Environmental Law and Policies
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Conveyancing of Waste in Civil Rights — В. В. Калинин, Andrey Peraladov · Bulletin of Kemerovo State University Series Humanities and Social Sciences (2025) | TGRS Research Map | TGRS