Ways to Improve the Legal Framework of Mineral Waste Management in Ukraine

Abstract

Abstract— The main purpose of the paper is to substantiate the ways to improve the legal framework of mineral waste management in Ukraine in relation to the legal regime within technogenic mineral deposits and the property right of such waste. This study used such methods as the method of terminological analysis, the method of analogy, as well as axiomatic and formal legal methods. Special attention is given to the introduction of the dual legal regime of mineral waste within technogenic mineral deposits by combining the legal regime of minerals with elements of the legal regime of waste. The paper shows that the compulsory alienation of mineral waste as minerals must be recognized as a separate ground for termination of property right. It is also proposed to establish the guarantees of the property right of valuable mineral waste, namely: transfer (alienation) of this waste as minerals to ownership of the Ukrainian people exclusively by court decision; the existence of the procedure for such transfer (alienation), determined by law.