Розширена відповідальність виробника як базовий принцип сучасної системи управління відходами: перспективи правового регулювання в Україні

Abstract

The purpose of the article is to consider the extended responsibility of the producer as one of the key principles of the European waste management system, as well as the analysis of the best practices for its implementation in the context of approximation of Ukrainian legislation to relevant EU standards. The objectives of the study are: 1. Establishing the essence of the principle of extended liability of the manufacturer and consideration of forms of such liability. 2. Acquaintance with the experience of Germany on the implementation of this principle. 3. Analysis of the state of Ukrainian legislation and relevant legislative proposals. The research methodology is based on philosophical and general scientific principles of cognition (formal logic, comprehensiveness, objectivity, systematization, etc.), as well as methods of analysis, synthesis, scientific comparison and generalization. The legal bases of the study are provided by EU Directives, national legislation of individual European countries and relevant legislation of Ukraine. The information base of the study consists of statistical, sociological and other information on the specified topic. The scientific novelty of the study is to systematize views on extended producer responsibility (principle, strategy, tool or mechanism of waste management, environmental policy approach), consider the latest legislative trends in the implementation of this responsibility in the EU, identify features of the German DSD and assess the prospects in Ukraine. Conclusions: principle of extended producer responsibility is one of the main principles of the waste management system in a circular economy, respectively, which is a key principle of the European waste management system. One of the best-extended producer responsibility systems in Europe is the German Dual System (DSD), an important condition for which was the existence of an effective municipal waste management system. Therefore, the introduction of an extended producer responsibility system without changing the entire waste management system in the country cannot lead to the expected consequences. The analysis of legislative initiatives in this area shows, on the one hand, the state’s attempt to shift the entire burden of creating a system of extended liability on producers, and on the other – the bills contain blocking rules that call into question the beginning of such a system. Taking into account economic, technical, and environmental and other factors, when creating a system of extended producer responsibility, the state must participate in this process through a series of technical, administrative and tax measures while launching a waste management system based on European principles