Polityka użytkowania gruntów i dostęp do zbiorników wodnych na Ukrainie

Roman Marusenko

doi:10.17951/ppa.2019.2.113-123

Abstract

Free access to water bodies to meet basic human needs in Ukraine is currently complicated. The banks of rivers and lakes are built up in violation of the law. Th author analyzes the widespread ways of substantiating the development of the banks of rivers and lakes in Ukraine that undermine the possibility to access these water objects. The conclusion of the inconsistency of the legislative provisions on access to water bodies is made. It is proved that free access to water objects cannot be provided only by the prohibition of granting ownership or use rights of the parcels on the banks. Th regime of the coastal protective strips is confusing, contradicts to the regime of development of coastal settlements and does not ensure free access to water bodies. A general land use right may be used to guarantee free access to water objects. A comparison of ways to overcome similar problems in the Republic of Poland is conducted. The necessity of increasing the effectiveness of control activity, which would allow at the early stages to detect and stop illegal activity, that leads to the impossibility of free access to water objects, is substantiated.

Highlights

Art. 88 of Water Code of Ukraine contains the provision that coastal protective stripes belong to the state or communal ownership and may be provided for use only
A general land use construct should be used that permits trespass even through land plots that are provided to other persons for separate, exclusive use on the lease basis, – types of use of lands of coastal protective strips should not physically make it impossible to access water bodies
Even if all the old buildings could be legitimate at the time of their erection, according to the above-mentioned decisions of the courts, new buildings should not be constructed – they fall within the boundary of the coastal protective strip

Summary

Introduction

Art. 88 of Water Code of Ukraine contains the provision that coastal protective stripes belong to the state or communal ownership and may be provided for use (lease) only. From the above-mentioned norms we have the following conclusions: – land parcels along water bodies within coastal protective strips can be provided only for lease, not for ownership.

Results

Conclusion