In most Ukrainian communities, the waste management system operates outside the law. The Law ‘On Waste Management’ came into force back in 2023. One of its requirements was that local authorities were to restructure the system by appointing an administrator and entering into new contracts. However, in practice, only one city has done so, whilst others are demanding money from consumers, even though they themselves are essentially operating illegally.
This view was expressed by Oleksandr Lymar, an expert on environmental issues and waste management and director of the RECOPACK association, in his column for the media outlet ‘Dzerkalo Tyzhnia’.
The new model isn’t working
The ‘waste’ reform has created a new model for organising household waste management, centred on an administrator. This administrator is intended to act as an intermediary through whom the local authority organises the provision of the service, collects payment for it and manages contractual relations with the service provider.
However, have Ukrainian cities actually implemented this? No, with just one exception – the city of Cherkasy has fully implemented the requirements of the law. In other communities – from villages to cities with over a million inhabitants – they are operating under the old rules, which contradict the new regulations.
“Thus, a legal paradox arises. The law has established a new service provision procedure. Communities have not implemented it. But services continue to be provided. Accordingly, the contractors’ activities are conducted within a system that does not comply with current legislation,” emphasized Oleksandr Lymar.
According to him, this also applies to the operation of municipal solid waste landfills. Even when they have the appropriate permits, without operating within the administrator-based system, their activities are not entirely legal.
The problem is recognized, but not addressed
The neglect of legal requirements is widespread across Ukraine and is recognized at the state level. As evidence, the expert cites a response from the Ministry for Communities Development to an inquiry by a village council in 2024.
"To avoid inconsistency in the legal norms regarding the appointment of a municipal solid waste service administrator, the Verkhovna Rada of Ukraine registered draft law No. 10066 'On Packaging and Packaging Waste' dated 18.09.2023, submitted by the Cabinet of Ministers of Ukraine, which, in particular, proposes to amend Part One of Article 32 of the Law of Ukraine 'On Waste Management' as follows: '1. In territorial communities with a population over 500,000, the city, village, or town council shall designate the administrator of municipal solid waste services. In other territorial communities, the council may also appoint an administrator of municipal solid waste services by its decision.'"
That is, the problem exists and there was an intention to resolve it. However, the mentioned draft law "On Packaging and Packaging Waste" was withdrawn, so the changes were never approved.
Illegal tariffs
By law, the calculation of the tariff and its submission for approval are the responsibility of the service administrator. However, in a number of cities, waste management tariffs were raised after 2024 without the creation of an administrator.
Thus, if the rates for residents were set by the service provider, this procedure constitutes a direct violation of the law. In the expert's opinion, these tariffs themselves are therefore equally illegal.
One-sided responsibility
The state and local authorities quite reasonably require citizens to pay for waste management services, as the system for waste removal and storage needs funding. However, the expert emphasizes that, for their part, the authorities do not comply with legal requirements.
In general, the consumer pays not only for their waste to be removed from the bin, but for the entire waste management system. This system should be organized in accordance with the law "On Waste Management", yet in practice it is not properly established.
“The situation appears particularly cynical when penalties are imposed on debtors, lawsuits are filed, and unconditional payment for services is demanded. It creates a strange model for a state governed by the rule of law: the citizen must unconditionally comply with the law, while the local government can postpone its implementation for an indefinite period,” notes Oleksandr Lymar.
How the European integration law "On Waste Management" was supposed to improve the Ukrainian system was discussed separately by EcoPolitic in a dedicated article.
