Producer responsibility organization how non-profit organizations

Abstract

In connection with the adoption of the Law of Ukraine «On Waste Management», for the first time in Ukraine, such a special subject of these legal relations as an extended producer responsibility organization appears as part of the subjects of administrative legal relations. In Europe, these organizations have been operating for decades, while in Ukraine their activities are just beginning. In this regard, it should be noted that the role of the state, which exercises control over the activities of such business entities on its territory, is always quite important. This control and managerial influence on the activities of certain business entities often depends not only on the areas of their activities, but also on their organizational and legal forms, their profitability or non-profitability, which determines their tax status and forms a certain model of interaction with regulatory authorities. This article analyzes the approach of the Ukrainian legislator to the definition of extended producer responsibility organizations in Ukraine as non-profit organizations, and points out a number of legal issues that may arise in the future in connection with the functioning of the EPROs exclusively as non-profit organizations. It is also stated that the waste management legislation, as it exists today, is new for our country, as it is the result of harmonization of Ukrainian legislation with EU legislation, which, accordingly, provides for its adaptation to the specifics of the work of state bodies, existing business processes and business practices in Ukraine. This raises the need to address certain issues that might not otherwise have been raised. One of these issues is the non-profitability of RWMOs, which the author of the article considers to be the result of an unbalanced approach of the legislator to solving certain problems of RWMOs in Ukraine, and therefore proposes: amendments to certain legislative acts regulating the field of waste management in Ukraine, changing the status of RWMOs from non-profit to profit, which, in the author’s opinion, will allow to build a more efficient waste management system and achieve targets for waste recovery and recycling in Ukraine with the participation of organizations with extended responsibility.