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3THE CONCEPT AND ROLE OF INVESTMENT LEGISLATION IN THE LEGAL FORMULATION
OF STATE INVESTMENT POLICY
Satbayeva Aizhan M.
Associate professor of Higher School "Business and Law " Kazakh National Research Agrarian University. Almaty
Bekbergenova Assem K. Senior lecturer of Higher School "Business and Law " Kazakh National Research Agrarian University. Almaty
Tolendi Moldir A. Senior lecturer of Higher School "Business and Law " Kazakh National Research Agrarian University. Almaty
ПОНЯТИЕ И РОЛЬ ИНВЕСТИЦИОННОГО ЗАКОНОДАТЕЛЬСТВА В ПРАВОВОМ ОФОРМЛЕНИИ ГОСУДАРСТВЕННОЙ ИНВЕСТИЦИОННОЙ ПОЛИТИКИ
Сатбаева Айжан Муратовна
Кандидат юридических наук, ассоциированный профессор Высшей школы «Бизнес и право». Казахский национальный исследовательский аграрный университет.
Казахстан. г.Алматы. Бекбергенова Асем Курмангазиевна Старший преподаватель Высшей школы «Бизнес и право». Казахский национальный исследовательский аграрный университет.
Казахстан. г.Алматы. Толенды Молдир Айткабыловна Старший преподаватель Высшей школы «Бизнес и право». Казахский национальный исследовательский аграрный университет.
Казахстан. г.Алматы
ABSTRACT
The matters relating to the history of the investment legislation development in the Republic of Kazakhstan are considered; regulations, adopted at different phases of history, which govern investment activities in the market, are characterized. Special attention is given to the characterization of current investment legislation.
АННОТАЦИЯ
В статье рассматриваются вопросы, связанные с историей развития инвестиционного законодательства в Республике Казахстан, дана характеристика нормативных актов, принятых на различных исторических этапах и регулирующих инвестиционную деятельность. Особое внимание уделено характеристике инвестиционного законодательства на современном этапе.
Key words: state investment policy; investment legislation; investment; investment activity; legal regulation of private and public investment; financial lease agreement (leasing).
Ключевые слова: государственная инвестиционная политика; инвестиционное законодательство; инвестиции; инвестиционная деятельность; правовое регулирование частных и публичных инвестиций; договор финансовой аренды (лизинг).
World experience shows that state investment policy finds its fixation in various sources of law and is not limited exclusively by laws. Such a policy can be mediated by acts of strategic planning, in acts of interpretation of courts and public authorities, in acts of international organizations, legal doctrine, etc. At the same time, investment legislation should be recognized as a product and the main form of consolidating state policy in this area. Approaches to determining the place of investment legislation as a set of laws and other normative legal acts containing the norms of investment law in the system of domestic legislation are largely predetermined by the place that scientists assign to investment law in the legal system.
It is worth emphasizing the absolute importance that regulatory legal acts of budgetary, tax legislation, legislation on currency and customs regulation have in the implementation of state investment policy. In
addition, the legal literature emphasizes the role of financial policy, with the help of which, in the process of distribution and redistribution of national income, the tasks of creating a favorable regime for the development of production, mobilizing financial resources to finance social programs are realized. It seems, however, that since a significant part of public relations arising in the investment market is of a purely private nature, public investment policy is covered by the concept of public financial policy only partially, despite the fact that the legal literature notes the impossibility of considering these policy areas in isolation from each other [1, pp. 208-213].
We note that the legislator proceeds from the independence of each of the directions of state policy, which directly follows from the analysis of the Constitutional Law of the Republic of Kazakhstan dated December 18, 1995 N 2688 On the Government
of the Republic of Kazakhstan [2], in which separate areas of state policy (budgetary, tax, credit, investment, etc.).
The main act of investment legislation that consolidates the state investment policy at the present stage is the Code of the Republic of Kazakhstan dated October 29, 2015 No. 375-V "Entrepreneurial Code of the Republic of Kazakhstan" (with amendments and additions as of 06.07.2021), which regulates real investments (capital investments) [3]. Portfolio investments are not subject to this law and are indirectly regulated by the Law on the Securities Market [4].
Separate legal regulation of private and public investments can be designated as a tendency to consolidate state investment policy in the norms of domestic law. It seems that through regulatory legal acts of a public nature in the investment sphere, state power and administrative powers are unilaterally implemented to regulate the activities of subjects of investment relations, however, such acts do not exhaust the legal regulation of investment relations. Thus, the Tax Code of the Republic of Kazakhstan contains norms establishing special preferential tax regimes for investors, as well as providing other benefits in the implementation of investment activities (investment tax credits, investment tax deductions, the regime of a regional investment project, etc.). The Budget Code of the Republic of Kazakhstan regulates budget investments, and also establishes various forms of state support for investment activities (targeted investment programs, the provision of budget loans, state guarantees, subsidies, etc.). Within the framework of budgetary regulation, a wide range of issues of investment activity is touched upon, since public finance and private investments are often jointly invested in investment projects, for example, within the framework of a public-private partnership, such regulation affects, among other things, the level of regulatory legal acts. Along with the legislation on investment funds, which is primarily focused on private investment funds, it is envisaged to create public investment funds as instruments of state investment policy.
Another trend in the consolidation of state investment policy in domestic investment legislation is the adoption of a separate law for each independent instrument of such a policy. Currently, the Republic of Kazakhstan has a number of special laws dedicated to the legal registration of certain types of investment relations (concession agreements, agreements on public-private partnerships, production sharing agreements, leasing, etc.), collective forms of investment (investment funds, investment partnerships etc.), territories with a special regime for carrying out entrepreneurial activities (special economic zones, territories of advanced socio-economic development, etc.), etc. As an example of the independent development of legal regulation of each individual instrument within the framework of the legislation of the Republic of Kazakhstan, leasing can be cited, which should take a certain place as an instrument for the implementation of state investment policy in the
framework of attracting private investment to solve socially significant problems.
The beginning of the active development of leasing operations in the domestic market can be determined since 1990 in connection with the transfer of enterprises to rental forms of management. The fundamentals of the legislation of the USSR and the union republics on lease, approved by the USSR Supreme Council on November 23, 1989, No. 8101603, laid the foundation for leasing relations, providing that leasing is allowed in all sectors of the national economy and can be applied to property of all forms and types of ownership.
The Law of the Republic of Kazakhstan dated July 5, 2000 No. 78. On Financial Leasing [5] determined the priorities for the development of leasing. Leasing was defined as a type of entrepreneurial activity aimed at investing temporarily free or attracted financial resources, when, under a financial lease (leasing) agreement, the lessor (lessor) undertakes to acquire ownership of the property stipulated by the agreement from a certain seller and provide this property to the lessee (lessee) for a fee for temporary use for business purposes. At the same time, the object of leasing could be any movable and immovable property that, according to the current classification, belonged to fixed assets, except for those prohibited for free circulation on the market. It should be noted that leasing as a tool for the implementation of state investment policy was borrowed from foreign law, which is of particular interest given that the approach to its content differs in the legislation of foreign states (the type of lease agreement in the USA, Belgium and France, an independent civil law contract in Quebec, etc.). Currently, leasing relations are regulated by the Civil Code of the Republic of Kazakhstan (Articles 565-572), as well as in the Law of the Republic of Kazakhstan On Financial Leasing, which is recognized by specialists as a complex law that contains not only civil law norms, but also public law norms on state support for leasing activities.
Based on the main periods of development of the investment legislation of the Republic of Kazakhstan, the following stages of the development of investment law can be distinguished.
The first stage, from 1990 to 1994, investment law in general and its main institutions in particular were at the stage of formation. The process of development of investment relations significantly outstripped the process of their proper legal regulation, which led to a situation when certain areas of investment activity remained unregulated in terms of legislation. However, this stage occupies a special place in the history of investment law, since it was the period of the formation of the Republic of Kazakhstan as an independent state, the period of the emergence and development of market relations, the creation of a new legal system and a fundamental change in legislation.
This stage is perceived as a stage in the formation of investment legislation, in particular, the process of formation of legislation on foreign investment. This was initiated by the adoption of the Law of the Kazakh SSR "On Foreign Investments in the Kazakh SSR"
dated December 7, 1990, which pursued the goal of attracting foreign investment, advanced technology and management experience, subject to the provision of the necessary guarantees to foreign capital. The law was aimed at the formation of an open-type economy in the republic and was supposed to facilitate the country's early transition to the principles of economic management generally accepted in world practice.
Despite the fact that the main provisions of the Law of the Kazakh SSR on foreign investments were mostly declarative, and there were positive aspects in its adoption: firstly, it was the first act that legislatively consolidated the investment relations already established in the republic; secondly, for four years, these legislative acts determined the procedure for attracting foreign investment into the economy of our country, which, in general, contributed to the inflow of foreign capital; thirdly, for the first time foreign investors were provided with investment guarantees for their activities.
It is noteworthy that the formation of investment legislation practically coincided in time with the formation of the Republic of Kazakhstan as an independent state. This process began with the declaration of state sovereignty of the Kazakh SSR of October 25, 1990. The Constitutional Law on the State Independence of the Republic of Kazakhstan was preceded by the Law on Investment Activity, adopted when Kazakhstan was a Union Socialist Republic on June 10, 1991, which turned out to be the longest of all the acts of that time that regulated investment relations, since it was canceled only in 1997. And this is only advantage - in all other respects, it practically did not have any effect on investment relations, since it became inapplicable from the very moment of its publication [6, P. 52].
The investment legislation of the Republic of Kazakhstan was initially formulated as legislation on foreign investment, and the point is not even that the law was adopted seven months after the law on foreign investment. The main thing is that by this time the sphere of its regulation had already been distributed among other legislative acts. Thus, relations on the implementation of foreign investments were regulated by the norms of legislation on foreign investments, and relations regarding national investments were regulated by the norms of other branches of legislation. Another important circumstance was that during this period, the main attention was paid to the formation of legislation on foreign investment, and legislative work was mainly aimed at creating a legal basis for the activities of foreign investors. This is evidenced by the legislative acts adopted at that time, such as the Law of the Republic of Kazakhstan "On the Circulation of Securities and the Stock Exchange in the Republic of Kazakhstan" dated June 11, 1991, the Law of the Republic of Kazakhstan "On Business Partnerships and Joint Stock Companies" dated June 20, 1991, the Law RK "On concessions in the Republic of Kazakhstan" dated December 23, 1991, the Law of the RK "On the tax system in the Republic of Kazakhstan" dated December 25, 1991 and others.
The factor that determined the priority of the formation of legislation on foreign investments was that the issue of national investments and their legal status was still being raised and was at the stage of development, and investment relations with the participation of foreign investors had already developed and required an early legislative settlement.
Thus, this period represents the initial stage in the development of market relations in the Republic of Kazakhstan and the creation of a completely new legislative system of an independent and sovereign state in general and the national system of investment legislation in Kazakhstan, in particular.
The second stage begins with the adoption on December 27, 1994 of the Law of the Republic of Kazakhstan on Foreign Investments and the Civil Code of the Republic of Kazakhstan, which also contributed to the development of investment relations. During this period, investment law, along with other branches of law, took shape as a relatively independent element of a unified system of law, with its characteristic legal institutions interacting with each other. At the same time, the investment activity carried out in the republic did not bring tangible results. The economic crisis, inflation, the lack of competitiveness of domestic goods, an increase in external debt - these are the main consequences of the investment policy of this period. It was necessary to take decisive steps to overcome this situation.
On February 28, 1997, the Law of the Republic of Kazakhstan "On State Support for Direct Investments" was adopted and subsequently a number of legislative and regulatory acts were adopted in its implementation.
The codification of civil legislation played an important role in the formation of the national system of legislation of the Republic of Kazakhstan and in streamlining the legal norms governing market relations. The Civil Code is otherwise called the "Economic Constitution", and this is not accidental, because it is the main special normative act in the field of regulation of market private law relations. The same applies equally to investment legislation, since investment relations are also governed by civil legislation.
Another legislative act that had a significant impact on the development of investment relations is the Law of the Republic of Kazakhstan "On Subsoil and Subsoil Use" dated January 27, 1996. Compared to the previously valid Code on Subsoil and Processing of Mineral Raw Materials dated May 30, 1992, the Law on Subsoil and Subsoil Use resolves a number of important issues differently. First, the subject of regulation has been significantly narrowed: unlike the 1992 Subsoil Code, which regulated relations on the processing of mineral raw materials, the Subsoil Law expressly stipulates that the processing of mineral raw materials does not apply to subsoil use operations. Secondly, the subsoil law grades the subjects of subsoil use rights. Thirdly, the law on subsoil, in contrast to the 1992 code, which provided for three types of subsoil use, enshrined four types of subsoil use: state geological study of subsoil; intelligence service;
mining; construction and operation of underground structures not related to the extraction of minerals.
A special place in the system of legislation is occupied by another normative act, which had a significant impact not only on the development of investment activities in the country, but also on the content of a special act - the Petroleum Law of the Republic of Kazakhstan dated June 28, 1995, which preceded the adoption of the Law on Subsoil and Subsoil Use, which regulates relations arising from the conduct of oil operations in the territory under the jurisdiction of the Republic of Kazakhstan, including at sea and in inland waters. The Petroleum Law contains provisions that in the event of a conflict between this law and other legislative acts of the Republic of Kazakhstan regarding the regulation of oil operations, the provisions of the Petroleum Law shall be applied; from which it follows that as regards the regulation of oil operations, the norms of the oil law have greater legal force than the norms of the law on subsoil and subsoil use. It should be noted that initially the law on subsoil and subsoil use was adopted as Decrees of the President of the Republic of Kazakhstan having the force of law, but later they were renamed [7, p.12].
A distinctive feature of the second stage in the development of investment legislation is that a significant part of the legislative and regulatory acts adopted at that time were of a temporary nature and did not have a long-term perspective. At the same time, it was during this period that the general part of the Civil Code of the Republic of Kazakhstan was adopted and, accordingly, a fairly serious legal framework was created, which forms the basis of the current legislation regulating market relations in the Republic of Kazakhstan.
The third stage in the development of investment law, in the face of a sharp decline in the activity of foreign and domestic investors, especially in the manufacturing sector, it was necessary to stimulate the investment of significant funds in the industry, providing technological and structural transformation of production. Of course, preferences by themselves are not enough for investors, but the provision of benefits on a par with the provision of legal guarantees may well bring a certain result. The third stage in the development of investment law is characterized by an awareness of the importance and significance of a unified investment policy of the state, the desire to develop conceptual approaches to investment activity as a complex activity carried out both in the securities market, in the production of goods and provision of services, and in the field of environmental management.
The beginning of the third stage in the development and improvement of investment legislation was the adoption on February 28, 1997, of the Law of the Republic of Kazakhstan "On state support for direct investments", which determined such main tasks as: introduction of new technologies, advanced technology and know-how; saturation of the internal organ with high-quality goods and services; government support and incentives for domestic producers; development of export-oriented and import-
substituting industries; creation of new jobs; improvement of the natural environment.
The significance of the law on state support for direct investment lies in the fact that with its adoption, firstly, the formation of special legislation of the Republic of Kazakhstan on direct investment began, and secondly, the investment legislation of the Republic of Kazakhstan has moved to a qualitatively new stage in its development. Prior to the adoption of the law on direct investment, the state's investment policy was aimed at increasing foreign investment and creating more than the most favorable legal regime for them. Ultimately, the effectiveness of foreign investments was minimal, due to the fact that they were mainly invested in subsoil use, which could not have a tangible impact on the development of the country's economy and only led to an increase in the expansion of subsoil by foreign investors. As a result, a significant part of the foreign investments made during that period were of a speculative nature. As a result, along with the adoption of the law on direct investment, serious changes and additions were made to the text of the law on foreign investment. Among the reasons that served as the basis for this, one can name the multimillion-dollar losses that took place at that time, incurred by the state, under contracts concluded by national investors with foreign investors under government guarantees due to a violation of contractual obligations by the Kazakh side.
When characterizing the first two stages in the development of the investment legislation of the Republic of Kazakhstan, we deliberately avoided considering the issues of the formation of legislation on the securities market and its impact on the development of investment relations due to the fact that since its inception it functioned independently and independently of investment legislation. Unlike other countries, whose investment legislation was immediately formed as legislation on investments in securities, in the Republic of Kazakhstan, investment legislation was formed as legislation on investments in real assets. The Law of the Republic of Kazakhstan "On the Securities Market" of March 5, 1997, for the first time legislatively fixed that another component of investment activity is investment in securities and other financial assets. Thus, two main groups of investors in the securities market were identified: 1) investors; 2) institutional investors [8, p.55].
The law on direct investments, in addition to establishing guarantees for the implementation of investment activities and a system of benefits and preferences, proclaimed the creation of a single state body authorized to represent the Republic of Kazakhstan before investors. In accordance with this, the State Committee of the Republic of Kazakhstan on Investments was created and the resolution of the Government of the Republic of Kazakhstan "On approval of the Regulations on the State Committee of the Republic of Kazakhstan on Investments" dated March 24, 1997 was adopted.
Subsequently, the State Investment Committee was transformed into a republican state institution, the Agency of the Republic of Kazakhstan for Investments,
which, according to the Regulations on it, approved by the resolution of the Government of the Republic of Kazakhstan dated April 26, 1999, was the central executive body, not part of the Government, performing the functions of state administration and control in the field of state support for direct investment in the Republic of Kazakhstan. By the decree of the President of the Republic of Kazakhstan dated December 13, 2000, the Investment Agency of the Republic of Kazakhstan was abolished with the transfer of functions and powers to the newly formed Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan, and in the field of subsoil use - to the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan.
At the same time, less than a year and a half later, another reorganization was carried out, as a result of which the Ministry of Economy and Trade of the Republic of Kazakhstan was divided into the Ministry of Economy and Budget Planning of the Republic of Kazakhstan and the Ministry of Industry and Trade of the Republic of Kazakhstan, with the transfer to the latter of functions and powers in the field of management of industry, construction and trade of standardization, metrology and certification. Along with this, the Investment Committee of the Ministry of Industry and Trade of the Republic of Kazakhstan was formed.
At that time, there was an urgent need to give the Investment Committee the status of an authorized and supervising body in the field of investment, and not to limit it to the framework of state support for investments. Moreover, the main functions of the Investment Committee, enshrined in the current legislation, clearly go beyond its competence and beyond the regulation of legislation on direct investments carried out in priority sectors of the economy. The meaning and main purpose of the law on direct investment, according to which the Investment Committee was created, was to attract foreign and domestic capital to sectors of the economy unattractive for investors, primarily to the production infrastructure, by providing a system of incentives and preferences and agriculture. Subsoil use, on the other hand, does not belong to the priority sectors of the economy and does not need state support, being initially the most preferred object of investment for investors.
Thus, the main feature of the third stage in the development of the investment legislation of the Republic of Kazakhstan is that the investment legislation of the Republic of Kazakhstan included three main blocks of special legislative acts: legislation on foreign investment, legislation on direct investment and legislation on investment in securities. Along with this, separate groups were drawn up legislation on public investment legislation on social investment.
The fourth stage begins with the adoption on January 8, 2003 of the Law of the Republic of Kazakhstan "On Investments" and with the recognition as invalid of the laws on foreign investment and state support for direct investment. This period was marked primarily by the establishment of a unified legal regime for foreign and national investments. Along with this,
the new law completed the process of formation of investment law as a complex branch of law. Of course, certain problems in the regulation of investment relations will remain, but unlike previous approaches that ensure the development of individual legal institutions, with the help of a single legislative act, it will be possible to ensure the functioning and further improvement of investment law as an integral legal entity.
The presence of a special law on foreign investment is not necessary and even undesirable for any normally developing country. Only in some industrialized countries, for example, Australia, Spain, Canada, Japan, there is legislation on foreign investment. There is no special law in most countries. This is quite natural, since foreign investors should be subject to national treatment and general national legislation. Nevertheless, the Republic of Kazakhstan, like other countries of the world with economies in transition, adopted such a law and do not intend to abolish it yet. This was due to the fact that foreign investors do not feel much confidence in national legislation due to its instability and seek special guarantees for themselves. For its part, Kazakhstan, wishing to attract foreign investment, had to give such special guarantees and establish a special legal regime for foreign investors with special legislation.
The beginning of the fourth stage was laid by the adoption of the Law of the Republic of Kazakhstan "On Investments" dated March 8, 2003. The Investment Law combined the rules governing relations related to investments and established a general legal regime for foreign and national investments, providing guarantees to investors operating in the Republic of Kazakhstan. In particular, guarantees of legal protection of investors' activities on the territory of the Republic of Kazakhstan; full and unconditional protection of the rights and interests of investors by laws and other regulations of the Republic of Kazakhstan, as well as international treaties ratified by the Republic of Kazakhstan; guarantees of the use of income; guarantees of the rights of investors during nationalization and requisition. This legislative act determines that control and supervision over the activities of investors is carried out by state bodies, which have been granted such a right in accordance with legislative acts. In essence, this provision can also be attributed to guarantees, because it establishes a rule for exercising control and supervision only by those state bodies to which this right is granted in accordance with the current legislation.
Thus, investment legislation is the main form of consolidation in the law of state investment policy. The more thoughtful and systemic the investment legislation is, the more effective the implementation of the state investment policy will be, and the more favorable the investment climate in the country will be.
The investment legislation of the Republic of Kazakhstan needs to be improved due to its fragmented and unsystematic development, separate regulation of real and financial, debt and equity, domestic and foreign, public and private investments, which must be considered within the framework of a unified system of
legal regulation of investment relations. In this regard, it is advisable to formulate a legal policy in the field of investments within the framework of the act of strategic planning.
List of used sources
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2. About the Government of the Republic of Kazakhstan. Constitutional Law of the Republic of Kazakhstan dated December 18, 1995 N 2688.// https://adilet.zan.kz/rus/docs/Z950002688_/z952688.h tm
3. Entrepreneurial Code of the Republic of Kazakhstan. Code of the Republic of Kazakhstan dated
УДК 628.4.032
October 29, 2015 No. 375-V ЗРК.// https://adilet.zan.kz/eng/docs/K1500000375
4. About the securities market. Law of the Republic of Kazakhstan dated July 2, 2003 No. 461.// https://adilet.zan.kz/eng/docs/Z030000461_
5. Law of the Republic of Kazakhstan dated July 5, 2000 No. 78. On financial leasing // https://adilet.zan.kz/eng/docs/Z000000078_
6. Мамыров Н.К. Инвестиции в Казахстане. Алматы.: Экономика. 1997.
7. Иманбаев Т.Т. Инвестиционная политика и оценка эффективности инвестиционных решений. Алматы: Жеп жаргы, 1995.
8. Садыкова М. Ж. Инвестиции и инвестиционная политика в переходной экономике Республики Казахстан: автореф.дис. ...к.э.н. -Алматы, 2004.
НЕКОТОРЫЕ ВОПРОСЫ ПРОБЛЕМАТИКИ ОБРАЩЕНИЯ С ТВЕРДЫМИ КОММУНАЛЬНЫМИ ОТХОДАМИ
Шелеметьева Е.В.
Преподаватель кафедры государственно-правовых и гражданско-правовых дисциплин,
ВФ ФГКОУ ВО «ДВЮИМВД России»
SOME ISSUES OF THE PROBLEMS OF SOLID MUNICIPAL WASTE MANAGEMENT
Shelemetyeva E. V.
Lecturer at the Department of State Legal and Civil Law Disciplines Far Eastern Law Institute of the Ministry of the Internal of the Russian Federation
АННОТАЦИЯ
Данная статья посвящена проблемам, связанным с обращением твердых коммунальных отходов в Российской Федерации. Так же предоставлены к рассмотрению причины, по которым происходит рост полигонов и свалок, на которых складируется огромное количество отходов и мусора, что негативно влияет на окружающий нас мир. Приведен анализ и сравнение зарубежного опыта в области обращения с отходами с российским опытом. В статье предлагаются меры, которые бы способствовали решению проблемы в области обращения с твердыми коммунальными отходами, которые могли бы повысить процент перерабатываемых отходов и сократить количество полигонов на территории Российской Федерации.
ANNOTATION
This article is devoted to the problems associated with the treatment of municipal solid waste in the Russian Federation. The reasons for the growth of landfills and landfills, where a huge amount of waste and garbage is stored, which negatively affects the world around us, are also provided for consideration. The analysis and comparison of foreign experience in the field of waste management with the Russian experience is given. The article suggests measures that would contribute to solving the problem in the field of solid municipal waste management, which could increase the percentage of recycled waste and reduce the number of landfills on the territory of the Russian Federation.
Ключевые слова: твердые коммунальные отходы, окружающая среда, полигоны, обращение с отходами, переработка отходов, сортировка мусора.
Key words: solid municipal waste, environment, polygons, waste management, recycling, garbage sorting.
Проблема обращения с отходами актуальна для современности. Она касается каждого гражданина, а также является предметом дискуссий в научном сообществе и направлениях совершенствования правового регулирования. Наше государство не является исключением. Это связано с тем, что огромное число скопившихся отходов на территории Российской Федерации вызывает особую опасность. Такая опасность
заключается в том, что происходит загрязнение окружающей среды, угроза здоровью населения страны и будущему поколению, конечно же, отрицательное воздействие отходов влияет и на качество условий жизни населения, а также и на качество используемых природных ресурсов, которые необходимы человечеству для жизнедеятельности.
