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The legal regime of waste from production and consumption is a system of norms regulating waste management at all stages - from their generation to disposal or burial.
The basis of regulation is the Federal Law "On Waste from Production and Consumption", which defines key concepts, requirements, and mechanisms for ensuring environmental safety.
Waste is considered as remnants of raw materials and products that have lost their properties and are subject to mandatory control taking into account their level of danger.
Legislation establishes types of activities in the field of waste management, including collection, transportation, use, neutralization and disposal.
Special importance is given to classification of waste by five hazard classes, which allows for differentiated control measures and minimizes harm to the environment and human health.
The legal regime also includes licensing requirements, record-keeping, and oversight, and judicial practice emphasizes the necessity of complying with established rules.
Taken together, these measures are aimed at reducing the negative impact of waste and establishing an effective system of environmental safety.
Legal regulation in the field of waste management is carried out by the Federal Law "On Waste from Production and Consumption", other laws, and other normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation, as well as normative legal acts of local self-government bodies. Relations in the field of handling radioactive waste, biological waste, waste from healthcare institutions, emissions of harmful substances into the atmosphere, and discharges of harmful substances into water bodies are regulated by the corresponding legislation of the Russian Federation.
As noted in the State Report "On the State and Protection of the Environment of the Russian Federation in 2011," in 2011, the volume of waste generated from production and consumption in the Russian Federation amounted to (according to Rosprirondrazor) 4.3 billion tons, which is 16.2% higher than the volume of waste generated in 2010. Such a significant increase in the amount of waste generated compared to previous years is associated with an improvement in the situation regarding the provision by natural resource users of forms of statistical observation (2-tp waste)1.
Article 1 of the Federal Law "On Waste from Production and Consumption" provides for basic concepts in the field of waste management. According to this article, waste from production and consumption are understood as residues of raw materials, materials, semi-finished products, other goods or products that have been formed during the process of production or consumption, as well as goods (products), which have lost their consumer properties.
Waste management is an activity involving the collection, accumulation, use, disposal, transportation, and placement of waste. Waste placement refers to storage and waste disposal.
Storage of waste under legislation is understood as keeping waste in waste placement facilities with the aim of its subsequent disposal, neutralization or use.
Waste disposal refers to the isolation of waste not intended for further use in special storage facilities in order to prevent harmful substances from entering the environment.
Use of waste - application of waste for the production of goods (products), performance of works, provision of services or for obtaining energy.
Waste disposal - processing of waste, including incineration and disinfection of waste on specialized facilities, with the aim of preventing harmful effects of waste on human health and the environment.
Facility for waste disposal - a specially equipped structure, intended for waste disposal (landfill, sludge pond, tailings storage facility, heap of rock and other similar structures).
Transboundary movement of wastes - the movement of waste from a [territory](/enc/33369/ "Definition of the term 'Territory' in the legal encyclopedia) under the jurisdiction of one state to another territory (through territory) under the jurisdiction of another state, or to a region not under the jurisdiction of any state, provided that such movement of waste affects the interests of at least two states.
Collection of waste - acceptance or receipt of waste from individuals and legal entities for further use, neutralization, transportation, or placement of such waste.
Transportation of waste - movement of waste using transport means outside the boundaries of a land plot owned by a legal entity or an individual entrepreneur, or provided to them under other rights.
Accumulation of waste - temporary storage of waste (for a period not exceeding six months) at places (on sites), equipped in accordance with the requirements of legislation on environmental protection and legislation ensuring sanitary and epidemiological well-being of the population, for the purpose of their further use, neutralization, placement, transportation.
Waste depending on the degree of negative impact on the environment are classified according to criteria established by the federal executive authority responsible for state regulation in the field of environmental protection into five hazard classes: I class - extremely hazardous waste; II class - highly hazardous waste; III class - moderately hazardous waste; IV class - low-hazard waste; V class - practically non-hazardous waste (article 4.1 of the Federal Law "On Waste from Production and Consumption").
The prosecutor filed a claim to impose an obligation to obtain a license for collection and transportation of waste, citing the fact that the individual carried out a licensable type of activity without the necessary license, which poses a threat of negative impact on the environment.
By the decision of the first instance court, the prosecutor's claims were satisfied, and the respondent was ordered to obtain a license for the collection and transportation of hazardous waste class IV within the term established by the court.
Reversing the previously issued decision and adopting a new decision to refuse satisfaction of the claims submitted, the appellate court noted the following.
The protection of civil rights is carried out by methods explicitly named in Article 12 of the Civil Code of the Russian Federation, as well as other methods provided for by law.
According to the meaning of paragraphs 1 and 2 of Article 49 of the Civil Code of the Russian Federation, carrying out by a legal entity activities subject to licensing in the absence of the necessary license leads to termination of the right to carry out such activities.
Imposing on the respondent an obligation to obtain a license implies an unlawful compulsion, not provided for by law, on a legal entity to carry out a certain type of activity against the right of the legal entity to engage in a particular type of activity or to refuse from it (Articles 1, 9 of the Civil Code of the Russian Federation).
In such circumstances, the appellate court came to a justified conclusion that the prosecutor chose an improper method of protecting the violated right, since under the established circumstances of the case, the proper way to protect the violated right is not imposing an obligation on the respondent to obtain a license for engaging in certain activities within the prescribed period, but rather ceasing or suspending the respondent's activities until they obtain the appropriate license (Article 1065 of the Russian Federation Civil Code), although such claims were not made by the prosecutor.
Source: Overview of judicial practice on issues of applying environmental legislation (approved by the Presidium of the Supreme Court of the Russian Federation on 24.06.2022)
1. State Report "On the State and Protection of the Environment of the Russian Federation in 2011" p. 43. // Official website of the Ministry of Natural Resources and Environment of Russia. [Electronic resource]. URL: http://www.mnr.gov.ru/regulatory/list.php?part=1392. ↩
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