Kozhevnikov, O.A. Improvement of the judicial practice on the issues of dealing with consumption and production waste as one of the goals for the “renewed” Supreme Court of the Russian Federation.

Abstract: The object of this article involves analysis of legal regulation of public relations appearing in the sphere of dealing with consumption and production waste, as well as the judicial practice in the sphere, recognizing the “fault” of the local administration (Administrations of the municipal units) in cases when economic entities and owners of plots of land fail to perform their obligations to guarantee the constitutional rights of citizens for a safe environment, while not sufficiently studying the entire complex of legal regulation of this type of environmental relations. The study involved general scientific methods (dialectic, functional, logical) and special legal methods (comparative legal studies, formal legal method, method of legal modeling, etc.). Based upon the analysis of the complex of normative legal acts in the sphere of guaranteeing the environmental rights of citizens and existing judicial practice the author draws a conclusion that concept of exclusive responsibility of municipal bodies for the violations of environmental, sanitary, epidemiological and other legislation by the economic entities (such as appearance of unsanctioned dumps of consumer and industrial waste in the territories of municipal entities) is doubtful. The author supposes that exclusion of the natural persons and legal entities owning the waste as well as owners of plots of land from responsibility for unsanctioned waste dumps make these person feel their impunity, while making municipal bodies responsible for the liquidation of waste dumps, is not reasonable.

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