Legal regulation of construction waste management from an environmental perspective

Abstract

Problem setting. The issue of legal regulation of construction waste management has become one of the most pressing challenges of modern environmental law in the context of intensive urbanization and infrastructure development. The rapid growth of construction activities generates significant volumes of construction and demolition waste, which often contain hazardous components and create a considerable technogenic burden on the environment. In many cases, the existing legal framework does not sufficiently reflect the specific nature of such waste, resulting in environmental risks, ineffective control mechanisms, and insufficient liability of business entities. Therefore, the need to improve legal regulation and ensure environmentally sound construction waste management is both scientifically and practically significant. Analysis of recent research and publications. The legal and environmental aspects of construction waste management have been increasingly addressed in contemporary legal scholarship. Both domestic and foreign researchers emphasize the necessity of implementing integrated legal mechanisms, strengthening environmental responsibility, and introducing circular economy principles. Among Ukrainian scholars who have contributed to the development of environmental and natural resource law in this area are A.P. Hetman, V.L. Bredikhina, Yu.S. Shemshuchenko, N.R. Malysheva, H.N. Polyanska, V.G. Emelyanova, V.V. Nosik and others. Their works highlight the need to modernize environmental legislation and align it with European legal standards. Target of the research. The purpose of this study is to analyze the legal framework governing construction waste management from an environmental perspective, identify its shortcomings and gaps, and propose directions for improving legislation in this field. The research also aims to assess environmental risks associated with construction waste and to develop recommendations for strengthening legal liability and enhancing environmental safety mechanisms. Article’s main body. Construction waste is a heterogeneous category that differs significantly from municipal solid waste in both composition and environmental impact. It includes concrete, metals, plastics, wood, glass, and potentially hazardous substances that require specialized collection, transportation, recycling, and disposal methods. The study shows that in practice, environmental safety requirements are often violated: unauthorized landfills are created, waste is disposed of improperly, and recycling remains insufficiently developed. The current system of legal regulation in Ukraine is characterized by fragmentation and lack of systemic coherence. Existing legislation primarily focuses on general waste management, while construction waste is regulated only indirectly. There is a lack of comprehensive by-laws governing all stages of construction waste handling, insufficient economic incentives for recycling, and weak institutional coordination among public authorities. As a result, environmental control mechanisms remain ineffective, and environmental damage continues to increase. The research substantiates the need to harmonize national legislation with European Union law, particularly regarding the implementation of the waste hierarchy, extended producer responsibility, and circular economy principles. The development of secondary raw material markets, digital tracking systems for waste flows, and modern recycling infrastructure is identified as a priority direction for reform. Conclusions and prospects for development. The study concludes that the current legal regulation of construction waste management requires substantial reform. Legislative fragmentation, insufficient enforcement, and lack of specialized regulation create serious environmental risks and hinder sustainable development in the construction sector. Improving the legal framework, strengthening state control, introducing economic incentives, and raising environmental awareness among stakeholders are essential steps toward ensuring environmental safety. Further development of legal regulation in this area should focus on the implementation of European environmental standards, the introduction of innovative waste management technologies, and the formation of an effective circular economy model in the construction industry. These measures will contribute to reducing environmental pollution, increasing resource efficiency, and ensuring the long-term ecological sustainability of the construction sector.