Waste as an object of civil rights. Who is the owner of the waste?

Article 5. Waste as an object of property rights

1. Waste is the subject of property rights. Ownership of waste can be transferred from one person to another in the manner prescribed by state legislation.

2. The right of ownership of waste belongs to a legal entity or individual whose production or other economic activity leads to the generation of waste and who, when exercising their right of ownership, is obliged to take measures to prevent harm to the environment and public health, to strive for a more complete and rational use of the original raw materials. The waste producer acquires ownership of the waste from the moment of its generation, unless otherwise provided by state legislation and (or) an agreement on the use of the property that was the source of the generation of this waste.

3. The owner of waste has the right to transfer ownership of waste, the property itself and the risk associated with such transfer, to other persons on the basis of a purchase and sale agreement, barter, donation, other transaction on the alienation of waste or by performing other actions indicating the acquisition of waste in your property.

4. The owner of waste has the right to alienate waste into the ownership of another person, transfer to him, while remaining the owner, the right to own, use or dispose of waste, if this person has a license to carry out activities in the field of waste management.

5. Relinquishment of the right of ownership of waste is permitted subject to compliance with the requirements of state legislation on waste and does not entail the termination of the rights and obligations of the owner in relation to this waste until the acquisition of ownership of it by another person, except in cases where the waste is in accordance with the legislation of the state subject to removal.

6. In the event that filling out a waste hazard certificate is mandatory in accordance with state legislation, the owner of the waste or another person authorized by him, when making a transaction for the alienation of this waste, must transfer such a passport to the person to whom the ownership of the waste is transferred under the transaction.

7. When privatizing state-owned enterprises that have accumulated certain volumes of waste, ownership of the waste and responsibility for the harm they cause to human health, property of individuals or legal entities and the environment passes to the new owners, unless otherwise provided by state legislation or the conditions of privatization of these enterprises.

The conditions of privatization may provide for joint liability of the previous owner and the owner of the privatized enterprise for harm caused by waste to the environment, health and life of the population.

8. The state is the owner of waste that is generated at state-owned facilities or located on the territory of the state and does not have an owner or the owner of which is unknown.

9. If waste is abandoned by the owner or otherwise left by him in order to renounce the ownership of it, the person who owns, is in possession or is in use of the land plot, reservoir or other object where the abandoned waste is located may turn it into his own. property by starting to use them or performing other actions indicating their receipt of ownership in accordance with the legislation of the state.

Such a person also has the right to demand in court compensation for damage caused to him in connection with the abandonment of waste on a land plot, regardless of its further use, unless otherwise provided by state legislation.

10. Determination of the regimes for the use of waste mentioned in paragraphs 8 and this article is entrusted to local government bodies and local self-government bodies, unless otherwise provided by state legislation. Local government bodies and local self-government bodies keep records of these wastes and are responsible for compliance with the conditions for safe and resource-saving handling of these wastes with the prevention of their negative impact on the environment and human health.

11. Owners or users of land plots on which waste that does not belong to them are found are obliged to notify the relevant local government body or local government body about them, which, in turn, are obliged to take measures to determine the owner of the waste, its hazard class, accounting, certification and make decisions regarding their handling.

Key questions:

Ownership relations for waste in accordance with Federal Law dated June 24, 1998 No. 89-FZ “On production and consumption waste”

Ownership relations for waste according to the Civil Code of the Russian Federation

Contractual relations with suppliers and contractors in the field of waste management

Waste, like any other items and other things that have relative independence and stability of existence, are (unlike pollutants emitted with waste gases or discharged with wastewater) the object of property rights, which are regulated primarily by civil law. These norms define, on the one hand, the owner’s rights to own, use and dispose of his property (including the right, at his own discretion, to perform any actions in relation to his property that do not contradict the law and other legal acts), and on the other hand, the obligation the owner bears the burden of maintaining his property, unless otherwise provided by law or contract.

OWNERSHIP RELATIONS FOR WASTE UNDER FEDERAL LAW OF 06.24.1998 No. 89-FZ “ON PRODUCTION AND CONSUMPTION WASTE”

The rules governing the ownership of waste are contained in Art. 4 of Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Federal Law No. 89-FZ).

As is known, before the amendments introduced by Federal Law dated December 29, 2014 No. 458-FZ, Art. 4 of Federal Law No. 89-FZ established the following:

Extraction

(as amended on November 25, 2013, no longer valid)

1. The right of ownership of waste belongs to the owner of raw materials, materials, semi-finished products, other items or products, as well as goods (products) as a result of the use of which this waste was generated.
2. Ownership of waste may be acquired by another person on the basis of a purchase and sale agreement, exchange, donation or other transaction for the alienation of waste.
3. The owner of waste of hazard class I-IV has the right to alienate this waste into the ownership of another person, transfer to him, while remaining the owner, the right to own, use or dispose of this waste, if such person has a license to carry out activities for use, neutralization, transportation, disposal waste of no less hazard class.
4. If waste is abandoned by the owner or otherwise left by him in order to renounce the ownership of it, the person who owns, is in possession or is in use of the land plot, reservoir or other object where the abandoned waste is located may reverse them into their ownership by starting to use them or performing other actions indicating their conversion into ownership in accordance with civil law.

As we can see, this article contained a special requirement for the waste owner, which limited his right to dispose of his waste as an object of property. Thus, the owner had the right to alienate waste, transfer, while remaining the owner, the right to own, use or dispose of this waste only to a person with a license to carry out activities for the use, neutralization, transportation, disposal of waste of no less hazard class.

From 01/01/2015 Art. 4 of Federal Law No. 89-FZ was reduced to the minimum:

Extraction
from Federal Law No. 89-FZ

Article 4. Waste as an object of property rights
(as amended by Federal Law No. 458-FZ)

Ownership of waste is determined in accordance with civil law.

Thus, the previously valid requirement for a mandatory license on relevant types of activities in the field of waste management of I-IV hazard classes from persons to whom this waste is transferred (i.e. limiting the circulation of waste of I-IV hazard classes), was canceled.

Currently, the norm of Federal Law No. 89-FZ continues to be in force, prohibiting the disposal of waste at sites not included in the state register of waste disposal facilities (hereinafter - GRORO), maintained by Rosprirodnadzor (clauses 6 and 7 of Article 12 of Federal Law No. 89 -FZ), but this prohibition is not directly related to property relations.

BY THE WAY

Bill No. 826840-6 “On the suspension of paragraph 7 of Article 12 of the Federal Law “On Production and Consumption Waste”” was introduced into the State Duma, according to which it is proposed suspended until January 1, 2019 effect of clause 7 of Art. 12 of Federal Law No. 89-FZ.

In general, according to the norms of Federal Law No. 89-FZ, most of the obligations of legal entities and individual entrepreneurs related to the implementation of state regulatory instruments in the field of waste management (licensing, certification, rationing, accounting, etc.) are also not directly related to the ownership of waste and are assigned not to the owners of the waste, but to the persons as a result of whose activities the waste is generated, which is important if the owner of the waste and the person as a result of whose activities the waste is generated do not coincide.

In the future, in legislative norms (including in new articles of Federal Law No. 89-FZ and Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” (hereinafter referred to as Federal Law No. 7-FZ), introduced by the Federal Law of July 21, 2014 No. 219-FZ and Federal Law No. 458-FZ) also retains the assignment of the main responsibilities for waste management to legal entities and individual entrepreneurs, as a result of whose activities waste is generated, regardless of the ownership of this waste.

In particular, in accordance with paragraph 1 of Art. 16.1 (will come into force on January 1, 2016 in accordance with Federal Law No. 219-FZ) of Federal Law No. 7-FZ, payers of fees for the negative impact on the environment when disposing of waste, with the exception of solid municipal waste, will be legal entities and individual entrepreneurs whose economic and (or) other activities generated waste.

Property relations are of great importance in relation to waste (scrap) of ferrous and non-ferrous metals.

So, according to paragraph 2 of Art. 13.1 of Federal Law No. 89-FZ, legal entities and individual entrepreneurs can handle scrap and waste of non-ferrous metals and dispose of them only if there are documents confirming them ownership for the specified scrap and waste, which primarily determines the need to establish the conditions for the primary emergence of ownership of waste, as well as the conditions for its acquisition.

LEGAL REGULATION

The rules for handling scrap and waste of ferrous metals and their disposal were approved by Decree of the Government of the Russian Federation of May 11, 2001 No. 369 (as amended on December 12, 2012). These Rules determine the procedure for handling (reception, accounting, storage, transportation) and disposal of scrap and waste ferrous metals on the territory of the Russian Federation.

The rules for handling scrap and waste of non-ferrous metals and their disposal were approved by Decree of the Government of the Russian Federation of May 11, 2001 No. 370 (as amended on December 12, 2012). These Rules determine the procedure for handling (reception, accounting, storage, transportation) and disposal of scrap and non-ferrous metal waste on the territory of the Russian Federation.

It must be taken into account that in accordance with paragraph 34 of Part 1 of Art. 12 of Federal Law No. 99-FZ dated 04.05.2011 “On licensing of certain types of activities” (hereinafter referred to as Federal Law No. 99-FZ) workpiece , storage, processing and sale of scrap ferrous metals, non-ferrous metals refer to licensed types of activities.

Property relations are of fundamental importance in establishing civil liability for damage to the environment associated with the management of waste of all types and classes (including violations of environmental legislation).

According to Art. 210 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the owner bears the burden of maintaining the property owned by him, unless otherwise provided by law or contract.

In accordance with Part 1 of Art. 1079 of the Civil Code of the Russian Federation, the obligation to compensate for harm caused by activities that create an increased danger for others (including when handling waste) is assigned to the person who owns the source of increased danger by right of ownership, right of economic management or right of operational management or otherwise on a legal basis.

Based on clause 3 of Art. 78 of Federal Law No. 7-FZ, claims for compensation for environmental damage caused by violation of legislation in the field of environmental protection may be brought for 20 years. That is why establishing the conditions for the initial emergence of ownership of waste, as well as the conditions for its acquisition, is essential for all waste.

OWNERSHIP RELATIONS FOR WASTE UNDER THE CIVIL CODE OF THE RUSSIAN FEDERATION

In relation to activities in the field of waste management, priority is given to the norms of civil legislation regulating:

• relations of ownership of waste and the emergence of civil rights and obligations upon their alienation;
• certain types of obligations regarding waste management under civil contracts (primarily contracts and paid services).

It should be noted that not all relations in the field of waste management are directly regulated by civil legislation - in these cases, civil legislation governing similar relations is applied (Article 6 of the Civil Code of the Russian Federation).

In particular, the grounds for the emergence of ownership of waste (as substances or objects that are formed in the process of production, performance of work, provision of services or in the process of consumption, which are disposed of, are intended for disposal or are subject to disposal) at the time of their disposal are not directly regulated by civil legislation. education. Therefore, in this case, civil law rules governing similar relations are applied.

The primary ownership of waste (which was previously established in Article 4 of Federal Law No. 89-FZ) is generally determined based on the norms of Art. 220 of the Civil Code of the Russian Federation and essentially implies the transfer of ownership from materials to waste generated as a result of processing materials, and not the emergence of ownership of waste from the processor, as a result of whose activities this waste was generated, i.e. the owner of the waste is initially the owner of the materials from which the waste was generated :

Extraction
from the Civil Code of the Russian Federation

Article 220. Processing

1. Unless otherwise provided by the contract, the right of ownership to a new movable thing made by a person by processing materials that do not belong to him is acquired by the owner of the materials.
[…]

At the same time, according to Part 2 of Art. 209 of the Civil Code of the Russian Federation, the owner has the right, at his own discretion, to take any actions in relation to his property (including waste) that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, incl. alienate one’s property into the ownership of other persons, transfer to them, while remaining the owner, the rights of ownership, use and disposal of property.

Civil legislation also establishes general rules governing the alienation of property on the basis of relevant agreements (Article 218 of the Civil Code of the Russian Federation):

Extraction
from the Civil Code of the Russian Federation

Article 218. Grounds for acquiring property rights

[…]
2. The right of ownership to property that has an owner may be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction for the alienation of this property.
[…]

Based on the norms of the Civil Code, the right of ownership of property that has an owner can be acquired by another person on the basis of agreements, the subject of which directly according to the Civil Code is the transfer of ownership, i.e. contracts of purchase and sale, exchange or gift (of these, purchase and sale contracts that are permissible under all conditions are of greatest practical importance). But other transactions on the alienation of this property are also possible (primarily in cases of its illiquidity, i.e. when the property does not have a real market value) with the inclusion of provisions on the transfer of ownership rights in various civil contracts of other types. The specified standards (which until January 1, 2015 were present in Article 4 of Federal Law No. 89-FZ) must also apply to waste (as an object of property).

Article 226 of the Civil Code of the Russian Federation establishes norms regulating the repossession of abandoned movable things, incl. waste of various types abandoned on a land plot, in relation to which the owner of the land plot (land owner, land user) has the right (and in fact must- in the context of the provisions of Art. 13 of the Land Code of the Russian Federation on the protection of lands from pollution and littering) to take actions indicating their conversion into their property:

Extraction
from the Civil Code of the Russian Federation

Article 226. Movable things abandoned by the owner

1. Movable things abandoned by the owner or otherwise abandoned by him for the purpose of renouncing the right of ownership of them (abandoned things) may be turned into their property by other persons in the manner provided for in paragraph 2 of this article.
2. A person who owns, possesses or uses a plot of land, a body of water or another object where there is an abandoned thing, the cost of which is clearly lower than the amount corresponding to five times the minimum wage, or abandoned scrap metals, defective products, driftwood from an alloy , dumps and drains formed during the extraction of minerals, industrial waste and other waste, has the right to convert these things into his property by starting to use them or by performing other actions indicating the conversion of the thing into ownership.
Other abandoned things become the property of the person who took possession of them if, at the request of this person, they are recognized by the court as ownerless.

The Civil Code does not establish any restrictions on the circulation of waste as property. As noted earlier, such a restriction has not been included in Federal Law No. 89-FZ since January 1, 2015.

At the same time, the absence of restrictions on the circulation of waste arising from the Civil Code and Federal Law No. 89-FZ (as amended by Federal Law No. 458-FZ) is somewhat complicated by the fact that in the orders of the Ministry of Natural Resources of Russia adopted or developed before the entry into force of Federal Law No. 458 -FZ, the requirement remains to include in environmental documentation information about the availability of licenses for waste management activities of the persons to whom the waste is transferred.

For example, in the footnotes to Appendices 11 and 18 to the Methodological Guidelines for the development of draft standards for waste generation and limits on their disposal, approved by Order of the Ministry of Natural Resources of Russia dated 05.08.2014 No. 349, it is stipulated that when transferring (proposed annual transfer) waste of hazard class I-IV to others business entities for the purpose of their neutralization and (or) placement in tables “Proposed annual transfer of waste to other economic entities” draft standards for waste generation and limits on their disposal (hereinafter referred to as PNOOLR) and “Actual use, neutralization, disposal of waste, as well as their transfer to other economic entities for the period from ____ to ____” technical report on waste management indicates the number and date of issue licenses for activities for neutralization and (or) disposal of waste of I-IV hazard class .

According to clause 18 of the Procedure for accounting in the field of waste management, approved by Order of the Ministry of Natural Resources of Russia dated September 1, 2011 No. 721 (as amended on June 25, 2014), in the table “Accounting data for waste transferred from an individual entrepreneur (legal entity)”(Appendix No. 3) indicate the date of issue and number licenses for activities for the neutralization and disposal of waste of I-IV hazard classes and the name of the authority that issued this license.

Based on paragraphs. 11 and 12 of the Procedure for submitting and monitoring reporting on the generation, use, neutralization and disposal of waste (with the exception of statistical reporting), approved by Order of the Ministry of Natural Resources of Russia dated 02/16/2010 No. 30 (as amended on 12/09/2010), legal entities and individual entrepreneurs, belonging to small and medium-sized businesses are obliged to:

Indicate in the reporting on the generation, use, neutralization, and disposal of waste (hereinafter referred to as the reporting) the date of issue and the number of the document confirming that the legal entity and individual entrepreneur to whom the waste was transferred during the reporting period have a license to collect, use, and neutralize , transportation, disposal of waste of I-IV hazard class (hereinafter referred to as the license) (when transferring waste of I-IV hazard class);
.include in the appendices to the reporting copies of documents confirming the availability licenses and issued to legal entities and individual entrepreneurs to whom the reporting small and medium-sized enterprise transferred waste of hazard classes I-IV during the reporting period.

Taking into account the supremacy of federal laws (Article 4 of the Constitution of the Russian Federation), the above regulatory legal acts should be applied only to the extent that does not contradict federal laws, or they can be appealed to the Supreme Court of the Russian Federation.

CONTRACTUAL RELATIONS WITH SUPPLIERS AND CONTRACTORS IN THE FIELD OF WASTE MANAGEMENT

Since the enterprise, while remaining the owner of the waste, is responsible for compliance with waste management requirements both on its own or leased land plots and outside them (for example, when transporting waste), it is obliged to monitor the compliance of suppliers (contractors) with environmental requirements when they carry out activities in the field of waste management of the owner, which may have a negative impact on the environment.

Management of the activities of the supplier (contractor) related to the impact on the environment (including waste management) on the part of the customer enterprise can only be carried out on the basis of contracts concluded in accordance with general provisions, as well as rules on certain types of contracts (contracts, paid services, supplies) that are contained in the Civil Code. It is also necessary to establish technical requirements for work (services) (technical specifications) and be sure to include in the contractual obligations of the counterparty the provision of compliance with requirements in the field of waste management.

The general environmental requirements that construction contractors must comply with are formulated directly in the Civil Code:

Extraction
from the Civil Code of the Russian Federation

Article 751. Obligations of the contractor for environmental protection and ensuring the safety of construction work

1. When carrying out construction and related work, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and the safety of construction work.
The contractor is responsible for violation of these requirements.
2. The contractor has no right to use materials and equipment provided by the customer during the work, or to follow his instructions, if this may lead to a violation of the requirements for environmental protection and safety of construction work that are mandatory for the parties.

General environmental requirements for construction contractors, other contractors and service providers, as well as their liability for violations of environmental legislation (including waste management) can (and probably should) be reflected in contracts for work or services.

For example, When drawing up construction contracts, contracts for reconstruction, technical re-equipment, repairs and maintenance of equipment, buildings and structures, including the supply and installation of equipment, cleaning and landscaping of the territory, etc., the contractor (supplier) may be charged with the following responsibilities:
.in the event that regulatory authorities apply penalties to the customer for violations of requirements in the field of waste management, their placement in places not intended for these purposes, which occurred through the fault of the contractor, reimburse the customer for the costs of paying such fines within 10 banking days (or another period ) from the date of receipt of the corresponding written request;
.to ensure, on their own, the storage of waste generated during the work in the places specified by the customer;
.at your own expense, organize loading and unloading, transportation and transfer of waste generated during the execution of work to places of their burial or to specialized organizations for their disposal, processing, neutralization, and disposal.

In case of violation by the contractor and his employees of the requirements in the field of waste management (if the contract provides for their recording in an act signed by responsible employees of the enterprise), the contract may establish liability for the contractor in the form of payment of a fine in the amount of, for example, 100,000 rubles. for each case of violation with an increase in the specified amount, for example, by 100% in relation to the previous case for each subsequent violation (including for violation of the specified requirements by subcontractors and their employees).

Additional specification of general environmental requirements for waste management is possible in the technical specifications (technical specifications) for contracts or contracts for the supply of services (performance of work).

For example, The responsibilities of a contractor (service provider) when performing work on the territory of an enterprise or in its area of ​​responsibility may include the following responsibilities:
.strictly comply with the established waste management procedures, Instructions for organizing the collection, accumulation, use, neutralization, transportation and disposal of used mercury-containing lamps;
.carry out cleaning of the territory at the place where work is performed or services are provided, daily remove waste from places of its generation to accumulation points established on the Map of waste accumulation areas on the territory of the enterprise and provided by the enterprise to the contractor for use in accordance with SanPiN 2.1.7.1322-03 " Hygienic requirements for the disposal and disposal of production and consumption waste";
.ensure the management of flammable waste in accordance with the Fire Regulations in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 2012 No. 390 (as amended on March 6, 2015);
.timely (in compliance with the established frequency or deadline) carry out loading and unloading, transportation and transfer of waste for disposal, processing, neutralization or - within the limits established for the enterprise - disposal of waste at waste disposal sites included in the GRRO;
.carry out loading and unloading, removal and transfer of own waste generated in the process of performing work on the territory of the enterprise from materials and equipment belonging to the supplier (contractor);
.immediately inform the responsible executor of the contract about changes in the conditions of waste generation, an increase in their quantity or the formation of types of waste not provided for in the PNOOLR of the enterprise unit.

Of particular importance are contracts for the provision of paid services in relation to the collection, transportation, disposal, processing, neutralization and disposal of waste with actual or potential contamination of land (including forests) or water bodies. In relation to such agreements, the most promising is the transfer to the contractor (service provider) of ownership (if possible) of waste, since after removing waste from its territory, the enterprise practically loses control over compliance with the requirements in the field of handling this waste, but does not lose it, remaining the owner waste, liability for harm to the environment as a result of violation of requirements in the field of their handling.

If it is not possible to transfer ownership of waste to a contractor (for example, due to its possible refusal to accept ownership in the absence of alternatives to purchasing similar services from other contractors or the complete absence of such contractors in a particular region), it is extremely important to establish the liability of the contractor (service provider) for claims for compensation for damage caused to the environment by violation of requirements in the field of waste management through the fault of the contractor, presented by supervisory authorities (including the prosecutor's office) to the enterprise customer of the services, which is the owner of the waste. Formally, such claims can be appealed in court even in the absence of corresponding provisions in the contract, but controversial issues are resolved more successfully if initially the rights and obligations of the parties (including in relation to the terms of compensation for damage caused to the environment as a result of violation of requirements in the field waste management) are established in the contract.

- Zhelyabovskaya D.S. Implementation of the provisions of the Federal Law of December 29, 2014 No. 458-FZ: draft legal acts // Ecologist's Handbook. 2015. No. 4. P. 14-28 (Including transportation of scrap and non-ferrous metal waste generated by legal entities and individual entrepreneurs in the process of production and consumption.

Note: clause 23 of these Rules, according to which the conclusion of an agreement for the transportation of scrap and non-ferrous metal waste is carried out by a transport organization only with the owner of scrap and non-ferrous metal waste, recognized void And not giving rise to legal consequences decision of the Supreme Court of the Russian Federation dated October 18, 2001 No. GKPI 2001-1207, 1238, 1262.

According to the Regulations on licensing activities for the procurement, storage, processing and sale of scrap ferrous and non-ferrous metals, approved by Decree of the Government of the Russian Federation of December 12, 2012 No. 1287, the concept "blank" only applies to acquired scrap metal on a paid or free basis. Please note that scrap metal purchased free of charge can probably also include scrap left by the contractor when replacing pipes, the ownership of which belongs to the owner of the pipes, and not to the contractor that replaced them. In this regard, you should carefully ensure that the enterprise (organization) does not have acquired (“foreign”) scrap metal in the absence of an appropriate license.

In relation to scrap and waste of ferrous and non-ferrous metals, which in most enterprises (with the exception of metallurgical and foundry industries) are formed from used and decommissioned equipment (products, structures), the main documents confirming the ownership of the specified scrap and waste at the time of their formation, are accounting documents on the write-off of such equipment.

Art. 536 of the Civil Code of the Russian Federation, according to Part 3 of which the contracting agreement may provide for the obligation of the procurer processing agricultural products to return waste from the processing of agricultural products to the manufacturer upon his request with payment at the price determined by the contract, but this article has no significant relation to environmental protection environment.

Article 4 of the Law “On Waste” interprets the right of ownership of waste as belonging to the owner of raw materials, materials, semi-finished products, and other items and products, as well as goods (products) as a result of the use of which waste was generated.

This right of ownership of waste can be acquired by another person on the basis of civil contracts (purchase and sale, exchange, barter, donation or other transaction for the alienation of waste).

The owner of hazardous waste has the right to alienate it to another person or transfer it for processing while remaining the owner (supplied raw materials), only if that other person has a license to carry out activities in the field of hazardous waste management.

If waste is abandoned by the owner, then the person who owns the land plot or other object where the abandoned waste is located can turn it into his own property (Article 226 of the Civil Code of the Russian Federation).

Having started to use waste or performed other actions indicating their conversion into property, a person has a priority right, in any case, to their processing and consumption.

The owner has the right to use waste without a license, if this does not contradict the terms of the license, as well as the provisions of clause 4 of part 1 of Article 22 of the Law “On Subsoil”.

If the ownership right has been transferred to another person, then he will need a license. Also, Article 18 contains a ban on providing subsoil for the subsequent production of building materials if there is a possibility of using waste.

Ownership of waste may cease if ownership is renounced, but renunciation terminates ownership if the renunciation is accepted by the competent authority.

The law does not distinguish waste disposal as a refusal or termination of the right to waste, and does not establish legal consequences.

The state is obliged to ensure the maintenance of a waste cadastre, including registration of waste disposal sites and subjects of rights. At the same time, some of the waste falls into the category of hazardous, including radioactive. The use is subject to certain restrictions. See Federal Law “On Industrial Safety of Hazardous Industrial Facilities”, Federal Law “On the Use of Atomic Energy”.

Powers of ownership.

The right of use is the right to individually extract certain things, to extract useful properties, income and fruits.

Possession of a thing is the actual possession of it, the ability to make certain improvements (cosmetic repairs, major repairs, even reconstruction).

Disposal of a thing is the right to determine its fate up to alienation (lease, lease, or otherwise change the owner or user of the thing).

Legal regime of geological information

Article 27 of the Law “On Subsoil”:

Geological information can be publicly or privately owned, depending on whose funds were used to obtain it.

Thus, legal regime information may be determined by the ownership or right of use of other persons, and the forms of ownership may be different.

Ownership of information is not a real right; it is usually designated by the term intellectual property, as well as in relation to works of science, literature, art and objects of industrial property (inventions, industrial designs) or means of individualization.

Personalization means– trademarks, service marks, corporate identity and sign.

Industrial development causes the negative impact of harmful substances on the planet. Therefore, the owner of production and consumption waste bears full responsibility for the consequences that arise due to improper handling of production products.

According to Federal Law No. 89-FZ, the owner of production products is the owner of materials, raw materials, the result of processing of which was the generation of waste.

The right of ownership of waste regulates the occurrence of no-man's landfills, which appear due to the unfair use of resources by the owner.

The owner is an individual entrepreneur or legal entity that:

1. Generates waste and carries out recycling or disposal.
2. Carry out other work with waste (disposal).

The right of ownership of garbage belongs to an individual:

• Owner of a private house.
• The owner of an apartment and/or other premises in a residential building.

Ownership of waste belongs to the person (or company) who owns the resource that caused the pollution.

Waste stored in municipal landfills is the property of the municipal executive authority, usually the utility service.

Civil Code

According to the Civil Code of the Russian Federation, the owner of production products is the owner of raw materials, the processing of which caused the generation of waste.

If a manufacturer produces products from raw materials owned by a third party, then the right to the resulting contamination belongs to the owner of the material.

The volume of waste according to the Civil Code is prescribed in Art. 24.7 No. 89-FZ. Legislation allows the owner to use his property in several ways:

• Sell.
• Give.
• Transfer the right of use with or without alienation.

Broadcast

In civil law Art. 4 indicates the possibility of transferring the owner's garbage into the possession of a third party.

Waste transfer can be:

• With transfer of ownership rights.
• With retention of ownership rights.

Important! Ownership can be transferred even if the recipient does not have documents confirming permission to transport, neutralize and store waste of hazard classes I-IV.

Sale of waste

A person who buys garbage must have a license to independently carry out:

• Collection.
• Transportation.
• Disposal.
• Placements, etc.

The seller is not obliged to check the buyer’s license (according to the amendment to Federal Law No. 89 of December 29, 2014).

Only the owner of the raw materials from which they are formed can sell waste.

Transfer of waste to other organizations is carried out in accordance with the agreement:

• exchange;
• purchase and sale;
• donations;
• or other agreement.

Transfer of ownership is subject to taxation. The alienation of returnable raw materials (can be reused) is subject to value added tax (VAT), since waste acts as a product intended for sale.

The gratuitous transfer of production waste is also recognized as an object of VAT taxation.