Окремі аспекти правового забезпечення управління відходами, що утворилися через пошкодження (руйнування) будівель та споруд внаслідок бойових дій

The article highlights the state of legal support for the management of waste generated due to damage (destruction) of buildings and structures as a result of hostilities, terrorist acts, sabotage or work to eliminate their consequences. The author establishes that the reform of waste management legislation through the adoption and entry into force of the Law of Ukraine “On Waste Management” did not meet expectations in terms of regulating relations in the field of waste management generated due to damage (destruction) of buildings and structures as a result of hostilities, terrorist acts, sabotage or work to eliminate their consequences, since this framework law does not mention their specific features at all and does not contain a definition of this type of waste. Based on the analysis of scientific approaches to the content of the category “war waste”, it is established that it is a generalized category that includes a significant species diversity. The author concludes that it is inexpedient to unify the legal regulation of management of “war waste”. Preference should be given to establishing special requirements for the management of certain types of waste covered by “war waste”. In order to unify the terminology and streamline the practical application of legal provisions, the author supports the proposals made by scholars earlier to supplement Article 1 of the Law of Ukraine “On Waste Management” with the concept of “waste generated due to damage (destruction) of buildings and structures as a result of hostilities, terrorist acts, sabotage or works to eliminate their consequences”. The author proves that this definition should reflect the specific features of such waste enshrined in the National Waste List. The author proposes to redefine this concept as follows: “parts (fragments) of damaged (destroyed) buildings and structures, as well as materials, objects, their parts and mixtures that were inside or near them at the time of damage (destruction) and/or dismantling, resulting from hostilities, terrorist acts, sabotage or work to eliminate their consequences”. It is proposed that the identical definition of “waste generated due to damage (destruction) of buildings and structures as a result of hostilities, terrorist acts, sabotage or work to eliminate their consequences” be included in clause 3 of Procedure No. 1073 to replace the concept of “waste from destruction”.