Journal article Open Access
T.V. Ermolaeva, A.M. Lebedeva
This article deals with consideration and resolution one of the most pressing environmental law issues today – burning fallen leaves. The damage from burning of leaves and dry grass is tremendous. Unfortunately, Ukraine does not focus enough attention to this issue, but it is essential to mention that during autumn time every second owner of private property burns leaves because waste disposals are congested.
The article outlines that there are some unsolved problems related to burning of fallen leaves. First of all, it is prerequisites for the establishment of this activity. Many people think that burning of leaves is an activity caused by history and this opinion is kept in everyone’s mind. Second, this issue refers to liability. Until November 2019 the Verkhovna Rada of Ukraine has never submitted any draft law to amend the Code on Administrative Offences in order to strengthen liability for burning plants. Moreover, unsolved problem is that local self-governmental bodies do not ensure the system for collection and waste utilization of burning leaves and there is a lack of waste deposits particularly in villages and towns.
In this regard, the provisions of the current legislation governing the prohibition and responsibility for such activities have been analyzed. Special attention has been drawn to the provisions of the Constitution of Ukraine, the Criminal Code, the Code of Ukraine on Administrative Offenses, the Law of Ukraine ‘On Air Protection’ and many others.
The article also outlines some aspects that the legislator should take into account when dealing with this problem, namely the increase in the penalty for burning fallen leaves; introduction of export of fallen and collected leaves by municipal services; conducting fall and spring agitation policies to prevent the burning of leaves; the introduction of a selective approach to the collection of leaves, in which the question of the need to collect it for each green area is solved, taking into account all its features; identifying methods suitable for the disposal of fallen leaves.