MARKETING RESEARCH OF THE STATE POLICY IN THE FIELD OF SANITATION OF THE SETTLEMENT TERRITORY Abstract. The purpose of the paper is to study the basis of state policy in the field of sanitation of the territory of the settlement, especially under decentralization of management. The survey is based on the analysis of the development of the legal framework of Ukraine, CIS countries and European countries on household waste management, and study of statistical information on the current stage of waste management with further identification of the current

510 ISSN 2306-4994 (print); ISSN 2310-8770 (online)  UDC 327:339.5 Datsii O. Doctor of Economics, Professor, Interregional Academy of Personnel Management, Kyiv, Ukraine; email: rvps1973@gmail.com; ORCID ID: 0000-0002-7436-3264 Datsii N. Doctor of Sciences in Public Administration, Professor, Polissia National University, Zhytomyr, Ukraine; e-mail: daciy_nadya@ukr.net; ORCID ID: 0000-0003-0640-6426 Zborovska O. Doctor of Economics, Professor, National University in Zaporizhzhya, Ukraine; e-mail: novacia.consult@gmail.com; ORCID ID: 0000-0001-8221-9935 Aleinikova O. Doctor of Sciences in Public Administration, Professor, SHEI «University of Educational Management», Kyiv, Ukraine; e-mail: aleinikova.alena@umo.edu.ua; ORCID ID: 0000-0002-4876-3563 Krasovska O. Doctor of Economics, Associate Professor, Alfred Nobel University, Dnipro, Ukraine; e-mail: dir.ibs@duan.edu.ua; ORCID ID: 0000-0001-8847-4232

Introduction. Today, the system of sanitation of the populated localities (hereinafter referred as settlements) cannot be called perfect due to the lack of coordination and interaction between State executive bodies, such as: the state sanitary-epidemiological service, environmental protection and housing services and utilities, to control the sanitary condition of the territories; collection, removal, disposal of household waste.
More than 11 mln tonnes of household waste, the accumulation of which largely depends on the weather conditions, the level of improvement of residential houses, living standards etc., are disposed of in 6000 landfills, most of which are overfilled or do not meet environmental safety requirements. Some of them are disposed of at waste incineration plants. Household waste disposal services are provided only to 75 percent of the population, which annually leads to the formation of unauthorized landfills (On approval of the Concept of the National Waste Management Program for 2013-2020 (2013): Order of the Cabinet of Ministers of Ukraine from January 3, 2013, 22-). All these problems need to be solved immediately, which can be done by improving administrative and legal regulation of sanitation of the territory of the settlement.
Analysis of research and problem statement. The issue of sanitation of the territory of the settlement was of particular interest to scholars in the field of biology, chemistry, construction, transport. Thus, Tang snd Qiu proposed the technology of sewage treatment by experimental studies of the processes of transformation of sewage pollution [1]. Andreichenko et al studied biotechnology of treatment of industrial waste waters on the basis of thermodynamic prediction of interaction between microorganisms with metals and radionuclides [2]. Andriushchenko et al develops the issue of treatment of wastewaters at municipal sewage systems using bentonite clay [3]. Kucher et al paid attention to the issues of legal regulation of radioactive kinds of waste, in particular, among the main ones it is the presence of several normatively established classifications of such waste by way of the adoption of new normative documents and non-abolition of obsolete ones. The scientist proposed the adoption of a regulation which stipulates the rules of waste management, sanitation rules and radiation safety standards [4]. A number of scientists have dealt with the issue of cleaning the road network in their research, among them are Datsii et al [5], Ma [6], Bazaluk et al [7], Kostenko [8], Sokiran [9], Artamonov et al [10] etc.
The purpose of the article is to study the basis of state policy in the field of sanitation of the territory of the settlement, especially under decentralization of management.
Unsolved aspects of the problem. Indeed, all these scientific works have a significant practical interest in their implementation, thanks to these proposals it is possible to significantly improve the quality and safety of sewage disposal into land and water; to promote better wastewater disposal in the territories of settlements in the conditions of urbanization; improve the quality of the road surface. However, the system of sanitation of the territory of the settlements requires the search for perfect mechanisms for its regulation, which determines the relevance of the chosen topic of the study.
Research results. The current state of the system of sanitation of the territory of the settlements. According to Art. 1 of the Law of Ukraine «On improvement of settlements» (06.09.2005, 2807-IV) sanitation of the territory is one of the elements of improvement of settlements. Moreover, sanitation of settlements is an obligatory condition of its proper maintenance.
In 2019 Ukraine generated almost 53 mln m 3 of household (domestic) waste or more than 10 mln tons which are disposed of at 6 thousand waste dumps and landfills with a total area of almost 9 thousand hectares. About 78% of the population of Ukraine is covered with waste disposal services. The worst rate of coverage of the population with waste disposal services is Volynska Region -64.0%, and in Luhansk region -62.9% (Ministry of Development of Communities and Territories of Ukraine (2019). The state of the sphere of household waste management in Ukraine in 2019). The main indicators of waste generation and management in the dynamics are given in  collection, according to which resource-intensive components of household waste -paper, glass, plastic, metal, etc. -collected separately in special containers for further coming to processing plants. Once the waste is in the landfill, all this waste pollutes the environment -soil, air, waterstaying there from several years to hundreds of years, because under the influence of many natural factors, it can not be quickly transformed. First of all, environmental pollution occurs under the influence of a toxic liquid -filtrate, which passes through the entire landfill and waste dump and enters surface and groundwater and causes their pollution [16]. Therefore, there is a need for separate collection of household waste for disposal at special enterprises. Today in Ukraine there is such a separate collection, and thanks to its introduction in 1462 settlements, the work of 34 sorting lines, 1 incinerator plant and 3 incinerator units, about 6.1% of household waste is recycled and disposed, of which: 2% burned and 4.1% of household waste came to the points of secondary raw materials and waste recycling lines (Ministry of Development of Communities and Territories of Ukraine, 2019). However, due to inadequate solid waste management system in the settlements, usually in the private sector, 26.9 thousand unauthorized landfills with an area of 0.58 thousand hectares are detected annually, 26.4 thousands of which with an area of 0.53 thousand hectares were liquidated in 2019 (Ministry of Development of Communities and Territories of Ukraine, 2019). After all, despite the presence of special containers with labels for different types of waste, consumers still continue to dump or throw garbage into a single container. And the solution to this problem is to cultivate the culture of the population and raise their motivation to sort waste [12][13][14].
The experience of other countries in this case is useful and helpful. For example, in Germany, in addition to the presence of colorful garbage containers on the building surrounding grounds with labels where their purpose is marked, every year each resident receives a special letter in the mail, which describes in detail the procedure for disposing of household waste, on which days this or that type of garbage will be removed over the next 12 months. There are also special containers for glass, and batteries (Report on the results of the study of markets for services in the field of household waste management (2018). Approved by the Antimonopoly Committee of Ukraine on January 11, 2018, protocol 2). The introduction of such preventive measures to cultivate consumer culture would gradually change the mentality and cultivate the habit of sorting household waste. The current procedure of sanitation of the territory of settlements is imperfect, as it does not provide a sufficient level of control over the sanitation of territories, collection, removal, recycling and disposal of household waste, and one of the reasons for this state of affairs is the lack of clear delineation of powers between public authorities, local government and businesses on the organization of waste management measures [15][16][17][18].
Thus, in accordance with Art. 35-1 of the Law of Ukraine «On Waste» (05.03.1998, 187/98-BP) only a legal entity authorized to such actions by local governments has the right to perform services for the collection and disposal of household waste only on a competitive basis. However, the legal mechanism for waste disposal in rural areas is not regulated, according to which the person who should collect and remove household waste is determined on a competitive basis, but the residents of the settlement refuse to enter into a contract with the contractor, citing the lack of need. Indeed, in rural areas there are more opportunities for self-utilization of household and organic waste that can be used as fertilizer. Although there is no possibility for safe disposal of glass, plastic packaging, hygiene products, electronics, building materials.
Paragraphs 3 and 11 of the Resolution of the Cabinet of Ministers of Ukraine «On approval of the Rules for the provision of services for the management of household waste» (Resolution of the Cabinet of Ministers of Ukraine of 10.12.2008 1070) contain a rule obliging owners or property holders of residential buildings and land plots to enter into an agreement with a person designated as a municipal waste disposal service provider. During the signing of an agreement, the parties are obliged to agree on the schedule of services based on the needs of the consumer, the rules of provision and their quality. The contractor is responsible for ensuring the separate collection of household waste. But the initial sorting must still be carried out by the consumer of services, but he does not do that for many reasons.
Analyzing the experience of France, where there is no garbage disposal service in rural areas, it can be seen that the State has allowed the establishment of special collection points, and most garbage collection and sorting services are performed by private companies led by local authorities, which pay for the services from the real estate tax. However, illegal waste dumping and landfilling by an individual is punishable by up to 2 years in prison and a fine of EUR300000 for legal entities (Report on the results of the study of markets for services in the field of household waste management, 2018). While the sanction of Art. 82 of the Code of Administrative Offenses (Code of Ukraine, 1984 8073-X) for violation of the requirements for waste management during its collection, transportation, storage, recycling, utilization, removal or disposal provides for the imposition of a fine on citizens from twenty to eighty tax-free minimum income of citizensbusiness entities -from fifty to one hundred tax-free minimum income of citizens, ranging from EUR11.3 to EUR45.3 and from EUR28.3 to EUR56.7 respectively. This approach of the legislator does not help to increase the legal awareness of individuals or legal entities to reduce the number of offenses and violations in the field of waste management, and any efforts of the executive authorities to monitor compliance with the law in this area do not perform preventive functions. Therefore, it is advisable to consider increasing the scale of the sanction.
Thus, the responsibility for collecting and sorting household waste is put on private companies, and not, as in Ukraine, on an individual who lives in a rural area and has neither time nor desire to do this. In addition, according to the Resolution of the Cabinet of Ministers of Ukraine «On approval of the Rules for the provision of services for the removal of household waste» the corresponding charge is envisaged for these services, while in France these services are part and parcel of real estate tax.
Ukraine in accordance with paragraph 265.1 of Art. 265 of the Tax Code of Ukraine (hereinafter -TC of Ukraine) (Code of Ukraine, 2010 2755-VI) provides for the collection of property tax, which consists of: real estate tax except the land plot; transport tax and land fees. In the pp. 10.1.1 § 10.1 art. 10 of the Civil Code of Ukraine it is stipulated that the property tax belongs to local taxes, which local councils must set on their own administrative-territorial unit. Thus, in Ukraine there is an opportunity to compensate the cost of services for the collection, sorting and transportation of waste to the population through a tax on real estate except the land plot, which is supposed to be paid.
The main method of financing of waste utilization and disposal in the world is the inhabitant tax; the manufacture tax in the countries, where there is the system of waste sorting, recycling and where environmental legislation is complied with [19; 20]. But it is reasonable to imply tax incentives in order to increase motivation of taxpayers on rational waste management, which, first of all, negatively affects the face of the territory of the settlement, its ecological situation.
European legislation sets standards for waste management, the main task of which is to minimize the negative effect of waste generation and management on the environment and human health (Directive of the European Parliament and the Council 2008/98/EU). In addition, paragraph 28 of this Directive contains a provision indicating the need to take measures to avoid the generation of waste, using it as a resource, and obliges to take measures aimed at allocating resources, collecting and disposing of priority waste streams. Separate waste collection should be provided to facilitate and improve the disposal and utilization potential, if technically, environmentally and economically possible. In addition, Art. 11 of the Directive contains guidelines for taking appropriate measures to encourage the re-use / recycling / reutilization of products and to prepare them for re-use / recycling / reutilization, using economic instruments (Council Directive 1999/31/EU on landfills: Directive of the European Union; International document on April 26, 1999 1999/31/ U), tax incentives in particular.
To increase the motivation of national taxpayers for the rational waste management, it is advisable to apply tax incentives, in particular, from income tax and value added tax for enterprises that: transact business to supply equipment that is intended for use in the manufacture of products from waste; promote investment in the manufacture of containers, garbage trucks and the construction of waste sorting plants.

Modern approaches in the field of sanitation of the territory of settlements under decentralization.
In recent times, in order to increase the efficiency of administrative management of social development in the territory, a trend towards decentralization management took place, which was prompted by the approval of the Concept of reforming local self-government and territorial organization of power in Ukraine. After all, the functioning of local government in most local communities did not provide the creation and maintenance of a favorable living environment necessary for comprehensive human development, self-realization, protection of human rights by local government with high quality and affordable administrative, social and other services (On approval of the Concept of reforming local self-government and territorial organization of power in Ukraine: Order of the Cabinet of Ministers of Ukraine; Conception on April 1, 2014 333-p). One of the tasks of this Concept was to give territorial communities the right to pool their property and resources in the framework of cooperation of territorial communities to implement joint programs and more effective provision of public services to the population of adjacent territorial communities. To do this, it was necessary to create an appropriate legal framework for the implementation of the right of territorial communities to cooperate, for which the following Laws of Ukraine were adopted: in June 2014 the Law of Ukraine «On Cooperation of Territorial Communities», and in February 2015 the Law of Ukraine «On Voluntary Association of Territorial Communities».
The cooperation contributes to new benefits for its parties or constituent territories, which are the creation of resources for the provision of services not available to small communities, cost savings in service delivery, improved service quality, better coordination of future development planning, more efficient and transparent development policies. Cooperation, given its form and organizational model, can have such positive effects as: joint use of motor-vehicle pool, equipment, other property; involvement of specialized personnel (in compliance with the rules of capital improvement, use of forest and water resources, etc.) [21]. Combining collaborative efforts allows to find more effective ways to solve problems, including in the field of redevelopment of settlements.
Thus, according to a sociological survey out of 23.4% of respondents who initiated cooperation, 93.6% indicated that previously signed agreements remain valid. 25.5% of respondents intend to conclude a new agreement on cooperation of territorial communities in future, the subject of which would be: the purchase of a joint garbage truck; creation of a joint governing body; organization of collection and removal of solid household waste; joint maintenance of the utility company, etc. (Analytical report on the practice of using potential entities of cooperation for example forms of cooperation agreements (2016). Kyiv: Civil Society Institute). The Table 2 lists the Agreements on cooperation of territorial communities in the field of sanitation of settlements (Ministry of Development of Communities and Territories of Ukraine (2019). Register of agreements on cooperation of territorial communities).
However, a new form of interaction of territorial communities requires new approaches in the field of settlements improvement or community redevelopment, especially concerning waste management, taking into account the common interests of the already united territorial communities.
International experience in applying the model of a coordinating agent to manage household waste streams is very useful. Such an agent is authorized to manage waste streams, selecting service providers and setting tariffs for consumers. The municipality is only one of the customers of services (for example, garbage disposal from public places, cleaning of territories and provision of other services within the public sector). It can be created by the municipality, by a group of municipalities, by a managing company (by a group of citizens) (IFC (2015). Municipal solid waste in Ukraine: Development potential -Management scenarios). Such a coordinating agent would be able to coordinate interaction between territorial communities within the framework of cooperation, especially: on the implementation of joint projects in the field of the settlements improvement, including waste management (collection, storage, transportation, sorting, utilization, disposal, recycling, and final waste deposition (waste burial)); formation by the subjects of cooperation of joint public utility companies, institutions and organizations in the field of settlements improvement, including waste management (recycling enterprises, enterprises on acceptance of waste for utilization, on sorting and transportation of waste); joint financing by the subjects of cooperation of enterprises, institutions and organizations of communal ownership in this area.  -hierarchy of waste management, through which the priorities of waste management and recycling are built: first, prevention or reduction of waste production and their harmfulness; secondly, waste disposal. And only as a last measure -landfilling and waste storage; mandatory permitting procedures for waste treatment plants; the principle of payment for the damage to the environment by the polluter; reducing the impact of waste on human health and the environment; creation of a comprehensive network of waste disposal facilities, which is based on the principles of proximity and self-sufficiency [22; 23].
It is reasonable to consider the principle of payment for the damage to the environment by the polluter, which means that the costs of waste disposal must be paid by their owner and / or the previous owner or producer who became the source of the waste. This principle has been repeatedly discussed at the legislative level and found its legal confirmation in the National Strategy for Waste 820-). According to the Strategy the provision for implementation of mechanism of financing the waste management was made for. According to this principle the main instrument that influences the entity which pollutes the environment should be standards and penalties, the latter ones being preventive methods of educating a polluter to increase its legal awareness of the necessary measures to reduce pollution. Today in Ukraine, Articles 82, 82.1-82.8, 83, which provide for the imposition of fines on officials or citizens depending on the body of the offense, are subject to administrative liability for violation of waste management requirements.
In addition, in Ukraine this principle is implemented by the regulatory provision of the Tax Code of Ukraine, especially regarding the obligation to pay environmental tax. After all, according to the Art. 242 the taxpayers of this tax are businesses, legal entities, which emit pollutants into the atmosphere through stationary sources of pollution; dump pollutants directly into water bodies; dump waste; produce radioactive waste (Code of Ukraine, 2010 2755-VI). But the PC of Ukraine does not single them out as payers of the environmental tax of individual persons.
The question of application of sanctions for the disposal of secondary materials or for ignoring the established procedure for separate garbage collection remains open. The commission of such offenses can cause considerable damage to the environment, so there is a question of the necessity to amend the Code of Ukraine on Administrative Offenses, in particular by supplementing Art. 82.9, which proposes to specify as the body of the offense «Violation of the procedure for separate collection of household waste, extraction of secondary raw materials».
Therefore, the principle of «polluter pays» is very important for the implementation of state policy on waste management, so it must be confirmed in Art. 5 of the Law «On Waste».
Therefore, analyzing the experience of European countries in regulating public relations in the field of waste management and the basic principles on which their legislation is based, it is advisable to amend Art. 5 of the Law «On Waste» by supplementing the following principles: economic incentives in the field of waste management, responsibility for violation of environmental requirements for waste management, compensation for damage caused by waste management to the environment, public health, property and the principle of «polluter pays». To implement the latter principle, it is proposed to amend the Code of Ukraine on Administrative Offenses, supplementing Art. 82.9 with the body of the offense «Violation of the procedure for separate collection of household waste, extraction of secondary raw materials».
Conclusions. According to the results of the study, it is established that the largest area under landfills and dumps is in the Central region of Ukraine. The Western Region has the smallest area occupied by landfills and dumps.
It was found that recently the need for separate collection of household waste has become significant in environmental protection. However, due to inadequate solid waste management systems in settlements, usually in the private sector, 26.9 thousand unauthorized landfills are detected annually. And the solution to this problem is to cultivate the culture of the population and motivate them to sort waste. In addition, one of the reasons for this phenomenon is the lack of a legal mechanism for waste disposal in rural areas. In order to increase the motivation of taxpayers for the rational management of waste, it is proposed to apply tax incentives, such as, from income tax and value added tax for companies that: transact business to supply equipment intended for use in the manufacture of products from waste; promote investment in the manufacture of containers, garbage trucks and the construction of waste sorting plants.
It has been established that in order to increase the efficiency of administrative management of social development in the relevant area, the decentralization of management has been started, resulting in the possibility of community cooperation, which has a number of advantages for capital improvement, including sanitation. According to the results of the study of international experience of cooperation, it is proposed to apply the model of a coordinating agent for the management of household waste streams in Ukraine.
In addition, analyzing the experience of European countries in regulating public relations in the field of waste management, it is proposed to supplement Art. 5 of the Law of Ukraine «On Waste» with the following principles: economic incentives in the field of waste management, responsibility for violation of environmental requirements for waste management, compensation for damage caused by waste management to the environment, public health, property and the principle «polluter pays».