Private ownership of water bodies: does it exist?

Abstract

In modern conditions, when the issue of conservation and rational use of water resources of Ukraine is gaining special attention in the conditions of armed Russian aggression, the analysis of the legal basis of the ownership of water bodies receives a new impetus for research and is especially relevant from the point of view of the possibility of the owners of water bodies calculate damages caused to water resources - a direction that includes pollution, clogging, depletion and other actions on water resources that can worsen water supply conditions, harm people's health, cause a decrease in fish stocks and other objects of water fishing, deterioration conditions for the existence of wild animals, a decrease in soil fertility and other adverse phenomena due to changes in the physical and chemical properties of waters, a decrease in their ability to natural purification, a violation of the hydrological and hydrogeological regime of waters. It was emphasized that water resources are a key factor not only for ecological stability, but also for the socio-economic development of the country. Regulation of ownership of water bodies has a significant impact on the efficiency of water resources management, access to drinking water, agricultural production and other important aspects of the life of the population and the state. Taking this into account, the central place of the conducted research is devoted to the issue of the existing conflict of provisions of the Land and Water Codes of Ukraine in the sphere of settlement of the issue of ownership of water objects from the position of the ratio of public and private environmental interests. Separate aspects of this issue are considered from the standpoint of national judicial practice and analysis of international environmental law. It has been proven that in some cases, the national legislation of some EU member states provides for the possibility of acquiring the right of private ownership of water bodies. The paper also highlighted doctrinal approaches to understanding the essence of the Ukrainian people's ownership of natural resources, including water. Summing up, it is argued that the study of conflicts in the legal regulation between the Land and Water Codes of Ukraine is relevant and important for ensuring sustainable water management and protecting the rights of citizens. Appropriate amendments to the Land Code of Ukraine were developed and proposed.