WASTE AS A TYPE OF PUBLIC PROPERTY
Journal Title: Адміністративне право і процес - Year 2018, Vol 3, Issue
Abstract
The purpose of the article is to study waste as a type of public property. To conduct the research successfully, the author used the following methods of scientific knowledge: logical, historical, systemic-functional, and formally-dogmatic. As a result of the study, the author forms the opinion that waste can acquire either the status of private or public property depending on a legal regime, which is established for them. At the same time, both statutory regulation and theoretical interpretation of private and public property in Ukraine are disproportionately developed. Thus, the doctrine of private property gained a significantly higher degree of development compared with the doctrine of public property. In this regard, statutory regulation of the legal regime of private property in Ukraine is more elaborated than statutory regulation of the legal regime of public property. As for public property, its doctrine is at the stage of developing. Statutory regulation of the regime of public property in Ukraine has no systemic, holistic character. In this context, it is relevant to study the category “public property”, its essence, content and peculiarities, as well as the knowledge of public property through its separate types and, in particular, through waste as a form of public property. The author believes that waste as a kind of public property is domestic waste, industrial waste, construction and repair waste, hazardous waste, agricultural waste, packaging waste, waste electrical and electronic equipment, waste batteries, radiators and accumulators, medical waste which are owned by the state, population of the ARC and territorial communities. The analysis and study of the features of waste as a public property permits to reconsider the features of public property formed by legal science. The author formulates the common features that are peculiar both to waste and other types of public property. Along with this, the paper shows the specific features that are inherent with waste and not applied to other types of public property. Conclusions. The origin, change and termination of the status of public property by means of waste, on the one hand, is related to legal facts but, on the other hand, is stipulated by the provisions of Ukrainian legislation. The latter has a number of gaps in the definition of the grounds for the acquisition of public property status by waste and management of republic and municipal wastes. Taking into account this fact, the author proposes a number of amendments to the Law of Ukraine “On Waste”, which aimed at specifying the grounds for acquiring ownership of certain types of waste as public property.
Authors and Affiliations
Mykhailo Kravchenko
Keywords
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