Theoretical and legal basis of the use of aquatic bioresources in Ukraine

Abstract

The article pays attention to the study of the theoretical and legal basis of the use of aquatic bioresources in Ukraine. It is noted that in today’s conditions, the issues of proper legal regulation of the fishing industry, including the use of aquatic biological resources, remain extremely relevant and important. Concepts and legal features of the use of aquatic bioresources are analyzed. Attention is paid to consideration of both legislative and scientific approaches to their classification. The analysis of scientific points of view regarding the legal nature of aquatic biological resources and the order of their use was carried out. Legal grounds for the use of aquatic biological resources are considered. The peculiarities of the right to general and special use of aquatic biological resources are analyzed, and their distinguishing features are also determined. Such types of special use of aquatic biological resources as: commercial fishing; experimental catch (and its species); amateur fishing in water objects of general use, which exceeds the established volumes of free extraction (catch).
 The author of the article emphasizes that today the development of the fishing industry is one of the most important tasks for ensuring the post-war recovery of the country. In this work, it is claimed that today the specified industry has not escaped crisis phenomena, in particular: improper legal regulation of this sphere, deterioration of the ecological state of water objects, the difficulty of carrying out work on the restoration of fish stocks, etc. It is noted that the improvement of the legal regulation of the fishing industry is carried out permanently, as evidenced by the introduction of changes to the relevant legal acts even during military operations in 2022-2023, which is aimed, first of all, at ensuring the functioning of the fishing industry in order to ensure food security country, protection and restoration of aquatic bioresources.