A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia

Abstract Recently, production and consumption waste has been recognized as a distinct legal category in the environmental law of the Russian Federation. This regulatory category has been changed several times within a short period. The study evidences that these changes were ontological, resulting f...

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Main Authors: Aleksey Anisimov, Dmitriy Motorin
Format: Article
Language:English
Published: Fundação Getúlio Vargas, Escola de Direito 2023-08-01
Series:Revista Direito GV
Subjects:
Online Access:http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322023000100227&lng=en&tlng=en
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author Aleksey Anisimov
Dmitriy Motorin
author_facet Aleksey Anisimov
Dmitriy Motorin
author_sort Aleksey Anisimov
collection DOAJ
description Abstract Recently, production and consumption waste has been recognized as a distinct legal category in the environmental law of the Russian Federation. This regulatory category has been changed several times within a short period. The study evidences that these changes were ontological, resulting from a change in approach to the distinction of waste from other results of economic activity. In practice, these changes introduced new characteristics into the concept of waste, each of which is related to one of the approaches to understanding the essence of waste identified by the authors of the article. The article reveals handicaps of earlier and contemporary approaches to understanding the legal essence of waste in Russia. Based on the results of the study, a new subjective approach is proposed. This approach can serve as a starting point for shaping a new conceptual understanding of waste able to improve environmental law and promote quality enforcement.
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spelling doaj-art-1f76374b3aa34b70bea0328c910cd52c2025-02-03T04:59:34ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-61722023-08-011910.1590/2317-6172202330A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from RussiaAleksey Anisimovhttps://orcid.org/0000-0003-3988-2066Dmitriy Motorinhttps://orcid.org/0000-0001-9996-5299Abstract Recently, production and consumption waste has been recognized as a distinct legal category in the environmental law of the Russian Federation. This regulatory category has been changed several times within a short period. The study evidences that these changes were ontological, resulting from a change in approach to the distinction of waste from other results of economic activity. In practice, these changes introduced new characteristics into the concept of waste, each of which is related to one of the approaches to understanding the essence of waste identified by the authors of the article. The article reveals handicaps of earlier and contemporary approaches to understanding the legal essence of waste in Russia. Based on the results of the study, a new subjective approach is proposed. This approach can serve as a starting point for shaping a new conceptual understanding of waste able to improve environmental law and promote quality enforcement.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322023000100227&lng=en&tlng=enProduction and consumption wasteenvironmental lawlegislative history, waste terminologylegal category
spellingShingle Aleksey Anisimov
Dmitriy Motorin
A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
Revista Direito GV
Production and consumption waste
environmental law
legislative history, waste terminology
legal category
title A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
title_full A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
title_fullStr A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
title_full_unstemmed A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
title_short A New Legal Concept for Understanding the Essence of Production and Consumption Waste: A View from Russia
title_sort new legal concept for understanding the essence of production and consumption waste a view from russia
topic Production and consumption waste
environmental law
legislative history, waste terminology
legal category
url http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322023000100227&lng=en&tlng=en
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