Gaps in the Legal Regulation of the Digital Transformation of the Waste Disposal Industry in the Union State of the Russian Federation and the Republic of Belarus

Abstract

Aim. The article is devoted to identifying gaps in the legal support of digital transformation processes in waste disposal in Russia for the subsequent optimization of the infrastructure for managing production and consumption waste on the scale of the Union State of the Russian Federation and the Republic of Belarus. Methods. The research methodological framework is based on systemicinstitutional and doctrinal approaches, as well as formal-legal and comparative-legal methods. The primary methodological approach is functional-sectoral analysis. Results. The terminological ambiguity surrounding the categories “secondary resources” and “secondary raw materials” creates difficulties in the legal justification of rights and obligations and, objectively, complicates the digital transformation of the industrial and consumer waste disposal industry. Current legal regulation of the digital transformation of the waste disposal process does not include a regulatory justification for liability for failure to ensure digital adaptability and security. The introduction of unmanned systems into industrial and consumer waste disposal processes is currently being implemented within the framework of macroeconomic, rather than industry-specific, legislation. The use of unmanned aerial vehicles for landfill inventory must be regulated, including the use of aerial photography, thermal imaging, and site scanning. Licensing of unmanned system operators, software certification, and the protection of information collected during the multi-level waste management process remain unfounded. A separate legal problem, both at an industry and national level, is the lack of a categorical definition of electronic waste and the procedure for its disposal. Conclusion. The regulatory framework for waste disposal within the Union State of Russia and Belarus is not sufficiently developed to address digitalization challenges and, more generally, to ensure the implementation of both national and international sustainable development concepts. Regulatory efforts to digitalize the waste disposal system are more focused on the control component. Industry plans do not take into account regulations for the active use of artificial intelligence systems, the Internet of Things, or cybersecurity. Issues with legal regulation include territorial inequalities in digitalization, declaratory liability, and a lack of categorical clarity.