The classification of lands of water fund
Water relations in Ukraine are regulated by the Water Code, Land Code, Law on Environmental Protection and other regulations.
The classification of lands of water fund as a special category of land in Ukraine, with a specific purpose and use of the Land Code, refer to Chapter 12 (Art. 55 - 64). In particular, the identification of lands of water fund is provided in Art. 1958 Land Code and Art. 4 of the Water Code.
Relatively speaking, the ground water reserves are classified in three groups of land, with the one hand, the general, on the other hand, the distinctive characteristics and qualities, namely:
The first group includes land under water bodies
The second group includes land, located near water bodies
The third group includes land, in which there are various water facilities
In Section 1, Art. 1959 Land Code stated that the land of water fund may be in the property:
territorial communities on communal ownership of land
State - on the ground state property
the physical and legal persons in private ownership of land
Land plots under the objects of the water fund, may be exclusively in state and municipal property. The transfer of such lands to private ownership is prohibited by applicable law (Par. "g" Paragraph 3, Article. 83, Abs. "D" § 4 of Art. 84 of the Land Code). Deserves special attention as the land under water bodies of national importance. Such lands are public property. Transfer them to a communal and private property is prohibited by applicable law (Par. "g" Paragraph 3, Article. 84 of the Land Code).
Citizens and legal entities are free to spread the ownership of the closed natural reservoirs with a total area of up to 3 hectares (Section 2, Art. 59 of the Land Code). The operation to transfer land ownership by the decision of the executive authorities or local authorities. Owners of such sites may be in the prescribed manner to create on their land fisheries management, anti-erosion and other artificial reservoirs.
In addition, citizens and legal entities can use the water fund land on lease terms. This decision should be taken by the executive authorities or local authorities. The lease can be transferred at the same time: land of coastal shelterbelts, strip of shoreline and diversion of waterways, lakes, reservoirs, other water bodies, swamps and islands.
In the permanent use of land provided by the water fund public water management organizations (Section 3, Article. 59 of the Land Code).