The paper is devoted to the problem of inclusion of waste into economic turnover, which is solved within the framework of circular economy. Legal regulation of the circular economy is formed at the level of strategic planning documents and individual motives of persons in whose activities waste was generated. According to the author, for the sustainable use of substances that are currently classified as waste, the introduction of legal mechanisms for a circular economy into Russian legislation is required. Such changes, on the one hand, will reinforce the right of a person to classify a substance as a waste or by-product that has beneficial properties and is acceptable for economic circulation. On the other hand, improving legislation by establishing a presumption of safety of substances generated as a result of production, when creating conditions for their use, will create additional factors for the involvement of waste in economic circulation. Accordingly, it is necessary to build legislation on waste management in such a way that the generation of waste is associated with the possibility of their involvement in economic circulation.