СПЕЦИФІКА ПРАВОВОГО РЕЖИМУ ЗЕМЕЛЬ ПІД ОБ’ЄКТАМИ ГІДРОЕНЕРГЕТИКИ В УКРАЇНІ

Abstract

In this article the author examines the peculiarities of the legal regime of lands under the hydro-energy objects. The author also analyzes the essence and the legal nature of hydroenergy objects and the legal regulation of hydroenergy land use, summarizes the problem of «secondary legal regime» of these lands. The author also reveals the specific nature of the legal regime of lands through the symbiosis of legislative provisions and thus consolidates the new specific legal regimes, which change the legal nature of the «subsidiary legal regime» to the «complex nature of the legal regime» or the Ukrainian hydro-energetic «quadrant» of the objects of legal regulation. The article presents the problem of legal ambiguity of the term of hydraulic engineering structures, which makes obstacles to the further determination of the content of the specificity of the legal regime of these engineering structures. The author focuses on the problems of legislative regulation, namely the Law of Ukraine «On Energy Land and Legal Regime of Special Zones of Energy Objects» and its strength to normative acts of the related legislation regulating the energy sphere of Ukraine. The author proposes to solve the above mentioned problems by means of inclusion to the legislative regulation of energy and water fund lands of a symbiosis clause between the energy and water objects in accordance with the environmental and protective requirements of environmental legislation and state control in this sphere. On the objects of alternative energy to create a separate section in the acts of the Ukrainian legislation, enshrining a special legal regime. Also to consolidate the conventional notion of hydraulic engineering structures and general and special regime of their regulation at the legislative level, using technical norms of engineering structures design and NBC as supplementary.