Legal issues of construction waste as an object of environmental law regulations
Authors: Sherstyuk Vyacheslav 
Published: October 2024

Problem setting. The problem of handling construction waste is one of the most urgent in modern environmental law. The growing scale of construction, both in the residential and infrastructural sectors, leads to an increase in the volume of construction waste, which is often not disposed of properly. These wastes contain various materials, including those that are potentially hazardous to the environment. The existing legislation on waste management often does not take into account the specifics of construction waste, which leads to environmental risks, as well as insufficient responsibility of business entities. This requires analysis of legal problems and improvement of legislative mechanisms in this area. Analysis of recent researches and publications on the legal problems of construction waste management shows that this issue is increasingly attracting the attention of both domestic and foreign scientists. The main emphasis in research is on the need to improve legal regulatory mechanisms, as well as on the environmental aspect of construction waste management. In particular, in this area there were publications of legal scholars: A.P. Hetman, V.L. Bredikhina, Y.S. Shemshuchenko, N.R. Malysheva, G.N. Polyanskaya, V.G. Emelyanova, V.V. Nosik and others. Purpose of research is to analyze the legal problems of handling construction waste, their environmental impact and mechanisms of legal regulation, as well as to determine ways to improve legislation in the field of construction waste management. In particular, the research is aimed at identifying gaps in the legal framework, formulating recommendations for improving legal regulation and increasing the responsibility of business entities for violations of environmental norms. Article’s main body. Construction waste differs in its composition from ordinary household waste. They may contain dangerous chemical compounds, heavy metals, remains of concrete, plastic, wood and other materials that require special disposal and processing methods. Modern practice shows that many subjects of construction activity ignore the requirements of environmental safety, creating spontaneous landfills or improperly disposing of waste. This increases environmental risks, including soil, water and air pollution. Legal regulation of construction waste in Ukraine is fragmented and not sufficiently detailed. Ukraine’s waste legislation is mainly focused on general solid household waste, while construction waste is often neglected. The lack of special laws or by-laws that would regulate all stages of handling such waste from its collection to processing and disposal, creates a legal gap. For example, in Ukraine, there are no special requirements for enterprises to manage construction waste or to encourage their recycling, which makes it difficult to implement environmentally safe solutions. Conclusions and prospects for development. Therefore, the legal problems of handling construction waste are a significant challenge for the environmental policy and legal system of Ukraine. The imperfection of the current legislation, the absence of special normative acts and insufficient control by the state lead to ecological violations and create threats to the environment. Reforming legislation in this area is a necessary condition for ensuring environmental safety and introducing the principles of sustainable development in the construction industry. The perspective of the development of the topic is the further study of the European experience in regulating the management of construction waste and its adaptation to Ukrainian legislation. It is necessary to implement effective mechanisms of monitoring, responsibility and incentives for subjects of construction activity, which will contribute to the reduction of the amount of waste and the development of the system of their processing. It is also important to continue researching new technologies for the disposal of construction waste and methods of reuse of materials, which will reduce the environmental footprint of the construction industry.