What does it mean to dispose of waste? Ownership of waste and contractual relations in the field of waste management. Waste as an object of property. Waste management during rental relationships

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 the legal or natural person whose production or other economic activity leads to the generation of waste and which, when exercising its property rights, is obliged to take measures to prevent harm to the environment and public health, and to strive for a more complete and rational use of 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 referred to in paragraphs 8 and this article is assigned to local authorities state power and local 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 environment and people's 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.

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).

Ownership of garbage has 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 dated 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.

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.

Right of use - the right to extract individually - certain things, extract beneficial features, 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.

Reading time: 6 min

Ownership of waste - I often see that entity- the waste generator enters into an agreement with another legal entity to transfer ownership of the waste. As a result, the waste generator believes that if ownership of the waste is transferred to another person, then the responsibilities for compliance with environmental legislation are transferred to another person.

Ownership of waste(ownership of waste)

In accordance with Article 4 of the Federal Law of June 24, 1998 N 89-FZ “On Production and Consumption Waste,” ownership of waste is determined in accordance with civil law.

What the Civil Code (Civil Code) says:

Ownership of new thing, manufactured or created by a person for himself in compliance with the law and other legal acts, is acquired by this person.
The right of ownership to fruits, products, income received as a result of the use of property is acquired on the grounds provided for in Article 136 of this Code.

Clause 1 of Article 218 of the Civil Code of the Russian Federation

Fruits, products, income received as a result of the use of a thing, regardless of who uses such a thing, belong to the owner of the thing, unless otherwise provided by law, other legal acts, contract or follows from the essence of the relationship.

Article 136 of the Civil Code of the Russian Federation

Thus, as follows from Article 136 of the Civil Code of the Russian Federation, the owner of waste from the operation (use) of equipment, machinery, buildings, structures and other things is the owner of the specified property.

Clause 7.8 "GOST 30772-2001. Interstate standard. Resource conservation. Waste management. Terms and definitions" establishes that the owner of waste is a legal entity, individual entrepreneur, producing waste, in whose ownership they are, who intend to collect, process waste and other waste management work, including disposal.

Based on the above, from the moment waste is generated, ownership rights arise with the legal entity or individual entrepreneur in the process of whose economic or other activities waste is generated.

Transfer of ownership of waste

From this moment on, all responsibilities for compliance with environmental legislation fall on the shoulders of the new owner.

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

Clause 2 of Article 218 of the Civil Code of the Russian Federation

Responsibilities of the waste owner

Responsibilities of the waste owner from whom the waste was generated:

• lead (graphs accumulated at the beginning, formed, transmitted, accumulation at the end);
• develop (if it belongs to waste of hazard class 1-4);
• do (for ENVOS categories 1, 2);
• report on ;
• Don’t forget about the new waste reporting for NVOS category 3 facilities (but there is no information on it yet).

A caveat: waste can only be transferred to the ownership of a legal entity or individual entrepreneur who has a license to collect waste!

Responsibilities of the waste owner to whom the waste was transferred:

• lead (graphs accumulated at the beginning, formed, accepted, transferred, accumulation at the end);
• waste must be accepted with a waste passport (if it belongs to waste of hazard class 1-4);
• everything else is the same.

I hope the topic of waste ownership has become clearer to you.

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The material is current as of 08/04/2014

Waste as an object of property. Waste management during rental relationships

There are often cases when enterprises enter into an agreement for waste removal with specialized organizations involved in the collection and disposal of waste. At the same time, business entities have questions about how to properly draw up a waste removal agreement, should the receiving organization have a license for waste management activities, and who should pay for waste disposal?

In a lease relationship, further actions with waste also depend on the conditions specified in the lease agreement. At the same time, the parties to the agreement ask themselves what conditions must be provided for in the lease agreement, who should develop the PNOOLR and pay the fee for the NVOS - the tenant or the lessor.

Ownership of waste

Waste is subject to property rights. 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 ( Article 4 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”).

The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or the relevant agreement (Article 210 of the Civil Code of the Russian Federation).

Ownership of waste can be transferred to another person on the basis of a purchase and sale agreement, exchange, donation or other transaction on the alienation of waste (Article 4 of Federal Law No. 89-FZ of June 24, 1998). Also, in accordance with Part I of the Civil Code of the Russian Federation, the owner can transfer his property to other persons while remaining the owner.

As a rule, legal entities and individual entrepreneurs enter into contracts for the removal and subsequent disposal of waste with specialized organizations. It is important to know that the presence of such an agreement does not exempt you from paying fees for negative impact on the environment, the extent of which depends on the amount and danger of waste. The exceptions are the following cases:

• when the contract provides for the transfer of ownership of waste to a specialized organization;
• when waste disposal is carried out on behalf of another person on the basis of a concluded intermediary agreement (commission agreement).

It is important to distinguish the transfer of waste with a transfer of ownership from the transfer of waste to an organization providing waste removal services.

If the owner of the waste has transferred ownership of the waste, he is not responsible for it. If such waste was disposed of after the transfer of ownership, then a fee for the negative impact on the environment should be paid to the new owner.

Another type of agreement is an agreement on the final disposal of waste. With such an agreement, the organization receiving the waste assumes all responsibilities for the disposal of this waste, the calculation of fees for environmental pollution and its payment, regardless of whether the agreement provides for the transfer of ownership of the waste.

In order to correctly determine the payer of the fee for the waste collection and disposal and to prevent repeated payment amounts, it is recommended that when drawing up an agreement with specialized organizations that provide services for the collection and disposal of waste, it is recommended to clearly define the type of agreement and the conditions for the transfer of ownership.

Thus, regarding the issue of payment for the IEE in terms of waste disposal, we can draw conclusions that, prior to entering into legal regulation necessary changes:

• the fee is paid by the owner of the waste, that is, the waste generator, if the contract does not provide for the transfer of ownership;
• a five-fold increasing factor when calculating fees for environmental waste should not be applied to a specialized organization engaged in the disposal of waste generated as a result of economic and other activities of other organizations, if there were no violations on its part related to the determination of limits on waste disposal.