Affiliations: [a] Doctor in Law; and Professor, School of Public Law, National Research University Higher School of Economics (HSE University), Moscow, Russia | [b] Doctor in Law; and Professor, School of Public Law, HSE University, Moscow, Russia
Abstract: The article discusses the legal protection of the environment from pollution by industrial and consumer waste, focusing on typical problems experienced by the Russian Federation and other post-Soviet States. It builds on the studies of the legal basis for management of industrial and consumer waste, and the economic opportunities of recycling. The authors analyse the effectiveness of administrative mechanisms for preventing pollution; the differences in the relevant powers of federal, regional and local authorities; and the need for authorities to better coordinate their work in this area. With regard to the Russian Federation, it assesses the municipal solid waste management reform that commenced on 1 January 2019, encompassing the principles and mechanisms for waste collection, sorting, processing and disposal, as well as its efforts to create a new household culture and to improve environmental wellbeing. It notes that the high cost of the reform has thus far mainly been borne by the population, giving rise to serious discontent, and proposes to reduce these negative financial consequences through better organisation of the country’s system of environmental payments as applied to industrial and consumer waste, i.e., by employing the “polluter pays” principle. It also recognises and discusses the need to develop fiscal mechanisms aimed at encouraging the use of waste and secondary resources.
Keywords: Environment, legal protection, production and consumption waste, economic regulation, administrative mechanisms, environmental payments, environmental fees, responsibility
