From Detection to Accountability: Analysing Ukraine’s New Mechanism for Managing Waste with Unidentified Ownership

Ukraine’s waste management reform is moving from the stage of establishing a legislative framework towards the practical implementation of new regulatory mechanisms. One of the important steps in this process was the adoption of Cabinet of Ministers Resolution No. 903 of 1 July 2026 “Certain Issues of Identification and Registration of Waste with Unidentified Ownership”, which approved a new procedure for addressing such cases.

The document establishes a detailed framework for responding to situations where waste is discovered but its owner or responsible party cannot immediately be identified. It also defines the roles and interaction mechanisms between public authorities, municipalities, businesses, and civil society.

The NGO “Foundation for Change” has analysed the key provisions of the new procedure from the perspective of practical waste management reform implementation, assessing its potential to strengthen accountability mechanisms, enhance institutional capacity, and bring Ukraine’s environmental governance system closer to European standards.

A New Approach: Moving from “Abandoned Waste” to Identifying a Responsible Party

One of the key changes introduced by the new procedure is the shift away from the traditional concept of “abandoned” or “ownerless” waste. Instead, Ukrainian legislation now refers to waste with unidentified ownership. This is not merely a terminological adjustment. The new concept establishes an important principle: the absence of information about the owner at the moment waste is discovered does not automatically mean that no responsible party exists.

The new mechanism is designed to identify the person or entity that generated the waste or contributed to its illegal disposal through evidence collection, analysis of available information, and, where necessary, specialised investigations.

This approach corresponds with European waste management practices, where the objective is not only to remove the consequences of environmental damage but also to prevent repeated violations through effective accountability mechanisms.

A Unified Response Procedure: Changing How Authorities Address Illegal Waste Disposal

Before the adoption of the new procedure, responses to cases involving waste with unidentified ownership often depended on local practices, available resources, and the capacity of individual authorities.

The new framework introduces a unified sequence of actions, including:

ü  receiving information about discovered waste;

ü  inspecting the location and documenting the circumstances;

ü  identifying a potential owner or waste generator;

ü  conducting necessary assessments and investigations;

ü  entering relevant information into the waste management information system;

ü  organising the collection, transportation, and treatment of waste.

From an institutional development perspective, this represents an important step forward, as clear procedures help prevent situations where responsibility for addressing environmental damage remains unclear or is transferred between different institutions.

Municipalities as Key Actors in the Reform: New Responsibilities and New Challenges

Municipalities will play a central role in implementing the new procedure. Within settlements, they will be responsible for organising the identification, documentation, and further management of waste with unidentified ownership. Outside settlements, these responsibilities will fall within the competence of designated state authorities.

Clearly assigning responsibilities is expected to reduce situations where different institutions shift responsibility to one another — a practice that has historically contributed to the persistence of illegal dumpsites for years.

At the same time, the practical implementation of the new procedure will largely depend on whether municipalities have sufficient capacity to perform these new functions. Experience from environmental reforms in EU countries demonstrates that the effectiveness of such mechanisms depends not only on the quality of legislation but also on available resources, professional expertise, and effective coordination between different levels of governance.

Businesses and the “Polluter Pays” Principle

The new procedure creates conditions for moving away from a model where the costs of addressing illegally disposed waste are effectively borne by the state or local communities towards a system based on individual responsibility.

To identify responsible parties, authorities may rely on various forms of evidence, including photographs and video recordings, documentation, packaging labels, waste transportation records, laboratory findings, and other relevant information.Where a responsible entity is identified, it will bear the costs associated with locating, collecting, transporting, and treating the waste, as well as compensating for environmental damage caused.

This strengthens the practical application of the “polluter pays” principle, which is a cornerstone of EU environmental policy.

Evidence-Based Enforcement

One of the most practically significant innovations is the creation of a more structured evidence base aimed at improving enforcement outcomes.

Each case involving waste with unidentified ownership will require proper documentation, including official records, photographic and video evidence, descriptions of the location, and other materials that may later be used to identify responsible parties or support legal proceedings.

The new procedure also allows for environmental assessments of waste composition, soil, water, and other environmental components where there is a risk of contamination.

Laboratory analyses can help determine hazardous properties of waste, assess the scale of environmental impacts, and provide evidence for calculating and recovering environmental damages.

At the same time, the effectiveness of this mechanism will depend on whether public institutions have sufficient funding to conduct necessary assessments and maintain adequate laboratory capacity.

Digitalising Waste Management

Another important element of the new procedure is the integration of all identified cases into the national waste management information system. Creating a unified digital database will allow authorities to collect information on illegal waste disposal sites, monitor response measures, track the use of public funds, and analyse broader trends in waste management.

In the long term, this creates the foundation for moving from a reactive approach towards evidence-based planning of waste management policies.

The Role of Civil Society in the New Environmental Control Framework

The new procedure largely expands opportunities for citizens and civil society organisations to contribute to identifying environmental violations.

Reports from residents, photographs, and video evidence can become important sources of information for identifying responsible parties. This strengthens the role of public participation in environmental monitoring and aligns with approaches used in EU countries.

Key Benefits of the New Mechanism

Overall, the new procedure establishes the basis for a more systematic approach to addressing illegal waste disposal.

Its main contribution lies in shifting from fragmented responses towards a structured process:

detection → documentation → identification of responsibility → recovery of costs and damages

The mechanism strengthens accountability, improves transparency, supports the implementation of the “polluter pays” principle, and creates conditions for more effective environmental governance.

Implementation Challenges: Is Regulatory Change Enough?

While the establishment of a new regulatory mechanism is an important step, legislation alone cannot guarantee effective implementation.

The next critical stage will be ensuring that responsible institutions have the practical capacity required to apply the new procedures.

This includes adequate funding for municipalities, environmental assessments, operation of the waste management information system, and professional training of specialists responsible for implementation.

Another important challenge is the development of consistent administrative and judicial practice regarding the recovery of costs associated with illegal waste removal and compensation for environmental damage.

Interinstitutional cooperation will also remain essential. The success of the new mechanism will depend on effective coordination between municipalities, the State Environmental Inspectorate, law enforcement bodies, laboratories, and other stakeholders involved in implementation.

Conclusions: A New Step Towards a European Model of Waste Governance

The new Procedure for Identification and Registration of Waste with Unidentified Ownership represents an important element of Ukraine’s transition towards a modern waste management system aligned with European approaches.

Its implementation can strengthen the “polluter pays” principle, improve the quality of evidence used for enforcement, increase transparency, and create the foundations for more effective environmental governance.

At the same time, the long-term success of this reform will depend on ensuring sufficient institutional capacity, providing adequate resources for municipalities, and establishing effective cooperation between all actors involved.

“Foundation for Change” will continue providing expert analysis of developments in Ukrainian environmental legislation, supporting the implementation of European environmental governance standards, and contributing to the development of effective environmental policies.