РОЗВИТОК ПРАВОВОГО РЕГУЛЮВАННЯ КОНЦЕСІЇ У СФЕРІ ПОВОДЖЕННЯ З ВІДХОДАМИ

Abstract

The article considers the peculiarities of legal regulation of concession relations in field of waste management in the context of the new Law of Ukraine «On Concession». The main purpose of this paper is to substantiate proposals for the development of the above-mentioned legal regulation. The paper offers to establish special performance indicators, the achievement of which will determine the amount of fee for the operational readiness of waste facility (paid to concessionaire by public partner). Such indicators are increase in volume of separate collection and recycling of waste, reducing volume of biodegradable waste disposal, as well as non-pretreated household waste disposal. The procedure for analyzing the effectiveness of public-private partnership in the form of a concession is specified, taking into account the principles of waste hierarchy, self-sufficiency and proximity. The waste hierarchy will allow a fuller assessment of the environmental, resource, energy, social and other efficiencies of potential concession projects. The principle of proximity can be an important criterion for determining the optimal location of waste facility to be built by concessionaire. It is proposed to approve model concession agreements for the construction and management of waste facilities. By analogy with model lease agreements of state property, all conditions established by model concession agreements for the construction and management of waste facilities it is advisable to divide into changeable (recommended) and unchangeable (mandatory). It is argued the direct inclusion of waste legislation in the legislation, which is not subject to the guarantees of the rights of concessionaire.