THE RIGHT TO USE WATER BODIES

Water bodies are natural or artificial elements of the environment that contain water. Water bodies include ponds, rivers, estuaries, seas, lakes, etc.

According to the Water and Land Codes of Ukraine, citizens have the right to freely use water fund facilities. But in practice, it happens that a person cannot use certain water bodies, or he can with some restrictions.

It is worth noting that the right to use water bodies is divided into two types.

• The first type is the right of public use

The right of public use includes the fact that any citizen can freely use water bodies. It means swimming, fishing, taking water for personal needs, using coastal strips, etc. That is, this type of use of water objects means that citizens have the right to freely use water fund objects for their own needs without any approvals and permits from state authorities or local governments.

• The second type is the right of special use.

It means that special permits or licenses are required to use a certain object of the water fund. Such permit documents are issued by the State agencies of water resources. Usually, the right of special water use is temporary, that is, it is issued for a certain period of time, is paid for and requires the collection and preparation of a certain package of documents. After the expiration of the term of use, renew it for a new term.

What belongs to the special use of water bodies?

• Laying of cables, pipes or other networks.
• Extraction of minerals.
• Passage of water through hydraulic nodes and others.

Another type of special water use is the transfer of certain water objects to individuals or legal entities for rent. A mandatory condition for the transfer of water facilities for lease is the provision by tenants of the right of citizens to take water and general water use. That is, the lessee of a pond, for example, cannot prohibit taking water from it or swimming.

Are there any restrictions?

The Water Code of Ukraine indicates that in the case of special cultural or state value of certain water objects, the right to use such objects of the water fund may be partially or completely limited. Such objects cannot be rented out.

Therefore, the right to use water bodies is guaranteed by the Constitution and other laws of Ukraine. But there are situations when the legal rights of citizens are violated. Such a violation can occur both in the case of general water use (prohibition of fishing, swimming, collecting water), and in special cases (unreasonable refusal to issue permits, refusal to conclude lease agreements, etc.). To protect violated rights, you should contact specialists. After all, it is with the help of a legal specialist that you can defend your legal right to use water bodies.