Balancing Public and Private Interests in the Management of Waste Generated in Connection with Damage to (Destruction of) Buildings and Structures as a Result of Hostilities

Abstract

The article is devoted to the current issues of waste management resulting from hostilities. The work updates a number of legal issues – from determining the legal regime and ownership of such waste to establishing the subject composition of their management, in particular the legal status of the manager. The issue of harmonizing private interests in the management of waste resulting from damage (destruction) of buildings and structures as a result of hostilities is interdisciplinary in nature and in the context of legal science is complex. Its interdisciplinary nature is due to the fact that the management of such waste is the subject of research not only in law, but also in technical sciences and economics, since it covers the issues of waste management technologies, the assessment of economic costs and resource provision, as well as the legal regulation of relevant social relations. It is emphasized that demolition waste is a complex object of legal relations, which includes the material remains of destroyed buildings and structures, as well as related movables that have lost their functional purpose due to damage or destruction of real estate. It is determined that the management of waste generated as a result of the destruction of property rights is a component of the content of property rights. It is substantiated that the owner of real estate is obliged to ensure its proper and environmentally safe maintenance, in particular the handling of waste arising in the event of damage or destruction of such property.