Key Benefits:
| WATER CODE OF UKRAINE |
(Information of the Verkhovna Rada of Ukraine (VR), 1995, No. 24, pp. 189)
{Be in Action by VR
No. 214 /95-VR of 06.06.95 , VB, 1995, No. 24, pp. 190}
{With changes under the Laws
No. 1990-III of 21.09.2000 , VR, 2000, No. 45, pp. 390.
No. 2120-III of 07.12.2000 , VCE 2001, No. 2-3, pp. 10
No. 2905-III of 20.12.2001 , B, 2002, No. 12-13, pp. 92
No. 380-IV of 26.12.2002 , VB, 2003, No. 10-11, pp. 86
No. 762-IV of 15.05.2003 , VCE 2003, No. 30, pp. 247
No. 1344-IV of 27.11.2003 , VB, 2004, No. 17-18, pp. 250
No. 2285-IV of 23.12.2004 , VB, 2005, No. 7-8, pp. 162
2288-IV of 23.12.2004 , VB, 2005, No. 6, pp. 138
No. 2505-IV of 25.03.2005 , VB, 2005, No. 17, No. 18-19, pp. 267
No. 3370-IV of 19.01.2006 , VB, 2006, No. 22, pp. 184
No. 3421-IV of 09.02.2006 , VB, 2006, No. 22, pp. 199
No. 398-V of 30.11.2006 , BBR, 2007, No. 3, pp. 31
No. 997-V of 27.04.2007 , VB, 2007, No. 33, pp. 440
No. 107-VI of 28.12.2007 , VB, 2008, No. 5-6, No. 7-8, pp. 78}
{Further see. Decision Of The Constitutional Court
No. 10-rp/ 2008 of 22.05.2008 }
{With changes under the Laws
No. 309-VI of 03.06.2008 , VR, 2008, No. 27-28, pp. 253
No. 2457-VI of 08.07.2010 , VR, 2010, No. 48, pp. 564
No. 2740-VI of 02.12.2010 , VB, 2011, No. 18, pp. 122
No. 2756-VI of 02.12.2010 , BBR, 2011, No. 23, pp. 160
No. 3530-VI of 16.06.2011 , BBR, 2012, No. 2-3, pp. 3
No. 4220-VI of 22.12.2011 , VR, 2012, No. 29, pp. 345
No. 4709-VI of 17.05.2012 , BBR, 2013, No. 7, pp. 65
No. 5293-VI of 18.09.2012 , VR, 2013, No. 43, pp. 616
No. 5456-VI of 16.10.2012 , VR, 2013, No. 46, pp. 640-
changes to take effect from 18.11.2012 except provisions relating to the transfer of authority from the territorial bodies of the central executive authority, which provides the formation and implementation of state policy in the area of environmental protection environment, regional, Kyiv, Sevastopol city authorities, the executive branch of the Autonomous Republic of Crimea, which is gaining effect from 18.05.2013-see. para. 1 Section II of Act No. 5456-VI of 16.10.2012
No. 5502-VI of 20.11.2012 , BBR, 2014, No. 8, pp. 88
No. 365-VII of 02.07.2013 , BBR, 2014, No. 14, pp. 248
No. 1193-VII of 09.04.2014 , BBR, 2014, No. 23, pp. 873
No. 71-VIII of 28.12.2014 , VB, 2015, No. 7-8, No. 9, pp. 55
No. 1472-VIII of 14.07.2016 , BBR, 2016, No. 34, pp. 592
No. 1641-VIII of 04.10.2016 , BBR, 2016, No. 46, pp. 780
No. 1830-VIII of 07.02.2017 , VR, 2017, No. 11, pp. 100
No. 2059-VIII of 23.05.2017 , VR, 2017, No. 29, pp. 315
No. 124-IX of 20.09.2019 , BBB, 2019, No. 46, pp. 295
No. 232-IX of 29.10.2019 , BBB, 2019, No. 51, pp. 379
No. 233-IX of 29.10.2019 , VR, 2019, No. 51, pp. 380
No. 554-IX of 13.04.2020 , VR, 2020, No. 37, pp. 277-entered into action. January 1, 2021
No. 711-IX of 17.06.2020 , VR, 2020, No. 46, pp. 394
No. 963-IX of 04.11.2020
No. 1259-IX of 19.02.2021 , VR, 2021, No. 21, pp. 190-introduced to the 17.06.2021
No. 1423-IX of 28.04.2021 }
{In the text of the Code of the Word "payment", "payments", "Ministry of Environmental Protection and Nuclear Security of Ukraine", "State Committee of the Water Service of Ukraine", "State Committee of the Ukraine for Geology and the use of the interior", "Ministry of Statistics of Ukraine", "Ministry of Health of Ukraine", "Ministry of Fisheries of Ukraine", "Ministry of Fisheries of Ukraine", "State Committee of Ukraine for the Protection of Labour" in all other differences in accordance with the words "gathering", "assembly", " specially authorized central the executive branch of the executive branch on environmental and natural resources "," specially authorized by the central authority of the executive branch of the executive branch "," specially authorized by the central authority of the executive branch on geology and use add "," specially authorized by the Central Executive Office on Statistics, "specially authorized by the central authority of the executive authority on hydrometeorology", " specially authorized by the central authority of the executive branch on matters of health care "," specially authorized by the central authority Executive Power on Fisheries "," specially authorized by the central authority of the executive authority on the oversight of labour "in relevant differences, and the words" People's Deputies " are excluded under the Law No. 1990-III of 21.09.2000 }
the words "specially authorized by the central authority of the executive branch on ecology and natural resources", "specially authorized by the central authority of the executive branch of hydrometeorology", " specially authorized by the central executive body authorities on health issues ", the" specially authorized central authority for the executive branch of the executive branch "and" specially authorized the central authority of the executive authority on geology and the use of superpower " in all differences According to the words " the central executive body that provides the formation of public policy in the area of environmental protection "," the central executive body implementing state policy in the field of hydrometeorological activity, " the central executive of the executive branch provides the formation of public health policy "," the central executive body implementing state policy in the development of water economy "and" the central executive body implementing state policy in the sphere of geological the study and rational use of the interior " in the appropriate case;
The words "Local Council" and "relevant Council" in all differences and numbers are replaced by the words "local council" and "appropriate council" in the relevant case, including:
The words "organs of state executive power" and "specially authorized organs of public executive power" in all differences are replaced by the words "executive authorities" in the appropriate case;
The words "ministries and departments" are replaced by the words "the central authorities of the executive power" in the relevant case;
the words "foreign legal and physical persons and persons without citizenship" in all differences, replaced by the words "foreigners and persons without citizenship, foreign legal persons" in the relevant case
under the Law No. 5456-VI of 16.10.2012 }
All water (water) on the territory of Ukraine is the national treasure of the Ukrainian people, one of the natural foundations of its economic development and social welfare.
{The paragraph of the first preamble was amended by the Act. No. 5456-VI of 16.10.2012 }
Water resources provide the existence of humans, animal and plant life and are limited and vulnerable to natural objects.
In the face of growing anthropogenic loads on the natural environment, the development of public production and growing material needs to develop and retain specific rules for the use of water resources, rational them. Use and environmentally directional protection.
The Water Code, in the complex with the measures of organizational, legal, economic and spiritual influence, will contribute to the formation of the aquatic and environmental law and ensuring the environmental protection of the population of Ukraine, as well as more efficient, scientifically and The overloaded use of water and their protection from pollution, ridicule and exhaustion.
Article 1. Defining basic terms
The following terms are used in this Code:
The aquatoria of the seaport (port aquatoria)-defined outside of a part of the water object (objects), in addition to a vessel move intended for a safe approach, manoeuvring, parking and departure of vessels;
The watershed is a part of the earth's surface and the thick of the dirt from which the water flow occurs in the water flow or water;
The pool principle of management-a complex (integrated) water management within the river basin area;
A biff is a section of the river above or below the water-fire structure (dam);
The swamp is an overlaid land area with a standing water regime and a specific plant cover;
use of water-the process of removing water for use in production with the purpose of producing products and for the economic and nutritional needs of the population, and without its removal for the needs of hydropower, fishing, water, air transport and other Needs
Drainage is water that is filtered out from a certain area and is diverted by a drainage system to downgrade the groundwater;
The reverse is water, which is returned from the technical facilities and means of the steamship of the circular water in its natural lanches in the form of stillness, mine, quarry or drainage water;
The water is linen-water with domes (mainly petroleum products) collected in the wells-the linen of machinery of the vessel's vessel;
Water is water-water that formed in the process of economic and household and manufacturing activities (except mine, quarry and drainage water), and has been removed from the built-up area on which it was formed by atmospheric precipitation;
The water of the ship-plaid is water rising to the surface along with oil and gas during their extraction;
Water-all water (surface, underground, sea), which is a composition of the natural waters of the circular water;
The waters of the underground are the waters below the level of the Earth's surface in the thick mountainous rocks of the upper part of the earth's crust in all the physical states;
The water is the water of the various aquatic objects on the Earth's surface;
A water object is a natural or created environmental element in which water (sea, liman, river, stream, lake, watershed, pond, canal, and aquifer) are concentrated;
Water resources-the volumes of surface, underground and marine waters of the appropriate area;
Water is a characteristic of the magnitude of the river stack for a given amount of time relative to its average multi-year magnitude;
The reservoir is part of the river basin, for which water balances are being developed, the water consumption of water from the water object and other parameters of the water facility (water) is being developed;
Water-water distribution is a distribution of hydrographic units on the reservoir areas, which is carried out to develop water balances;
The water balance is the ratio between available water resources for certain areas and the need for them within a certain region over a given period of time;
Water systems are a complex of water facilities and hydrotechnical facilities designed to manage water resources;
A reservoir is a structure or device for the care of water from a water facility;
Aqueous water is endorheic or with a slowed down of surface water facilities;
water-use-use of water (water facilities) to meet the needs of the population, industry, agriculture, transport and other industries, including the right to harvest water, dumping of water and other uses of water (water facilities);
The aquifer is the homogeneous rainforest of the rocks where the water is permanently located;
The reservoir is an artificial water capacity of more than 1 million. The cubic meters built to create the water supply and the regulation of its stock;
The reservoir of the integrated destination is a reservoir that according to the passport is used for two and more purposes (other than recreation);
Hydrographic region-the division of the territory of Ukraine on hydrographic units, which is carried out to develop and implement plans for the management of river basins;
Hydrotechnical structures of seaports (hydrotechnical structures)-engineering facilities (port aquatoria, primed, piers, other types of adhering, moles, dams, wavy, other coastal buildings, underwater structures of artificial and natural) Of origin, including canals, operating-action anchorages, anchorages) located within the territory and the aquatoria of the sea port and are designed to ensure the safety of navigation, maneuvering and parking;
The limit permissible concentration (gdc) of substance in water is a set of concentration of substance in water above which water is considered unsuitable for specific water purposes;
The limit permissible discount (gds) is the mass of the substance in the return water, which is the maximum permissible for the failure of the specified mode of water per unit time;
The eutrophication is an increase in the content of biogenic substances in the water that causes the rapid reproduction of algae, reducing the transparency of the water and the contents of dissolved oxygen in deep layers due to the decomposition of the organic matter of the dead plants and animals, as well as Mass destruction of early organisms;
The ecological waste is a minimum calculation of water that is dropped from the reservoir (pond) to the river according to the requirements of these reservoirs (ponds) with regard to the projections of water and environmental requirements;
The ecological state of the surface water array is an integrated quality measure of the surface waters defined by biological, hydromorphological, chemical and physical-chemical indicators;
The harvesting of water is to remove water from a water object for use by technical devices or without them;
Pollution-The entry to water facilities of pollutants;
The pollutant is a substance that is attached to the aquatic object as a result of the human activity;
A closed water object is a natural or artificially created aquifer, not bound with other water objects (other than aquifers);
The floodlands are a coastal area that can be flooded or flooded during the flood (flood);
The ridicule of water-the imposition of the aquatic objects of third-party objects and materials that are harmful to the state of the water;
The sanitation zone is the territory and the aquatoria area where a special sanitary-epidemiological regime is introduced to prevent water quality deterioration of centralized master water supply, as well as to provide security for the Water-conducting facilities;
The substantially altered surface water array is the surface water object, or its part, whose natural characteristics suffered significant changes in human activity;
The quantitative state of the groundwater array is the measure of the impact of water pressure on the array of groundwater;
The liman is flooded by the waters of the seaside sea part of the river valley or beams;
The limit of water use-the limit volume of water use, which is established by the permit for special water use;
The limit of water care is the limit volume of water for water from water facilities, which is set in the permit for special water use;
The limit of contaminants of pollutants-the limit volume of the drop of pollutants into surface water objects, which is set in the permit for special water use;
Low-water-a period (phase) of the hydrological regime of a water object in which the reduction of its water is observed, resulting in the deteriorating conditions for the needs of water resources;
An array of surface water is a surface water object or part;
An underground water array is an underground water object or part;
(merry period) is the period of the annual cycle, during which low water conditions are observed;
Monitoring of water-a system of observations, building, processing, conservation and analysis of the state of water objects, forecasting its changes and development of a scientific recommendation to make relevant decisions;
The lake is a natural smell of land filled with fresh or brackish waters;
Redistribution of water resources-feed (pumping) water from one river basin to another or within one river basin to provide the needs of water resources of low water regions;
The transition water is the surface water within the mouth area of the river, as well as the limans where the mixing of fresh and salted water occurs;
The river basin management plan is a document containing the state analysis and the set of measures to achieve the objectives defined for each river basin at the set of lines;
plan to manage the risk of flooding-a document containing analysis of previous flooding and complex measures aimed at preventing, protecting, training, forecasting and an early warning system for individual territories within the river region Pool;
The beach area-adjacent waters of the coastal protective strip along the seas, around the sea bays and limants with the regime of limited economic activity;
The coastal defense strip is part of the water guard zone of the respective width along the river, the sea, around the water, which has a more strict mode of economic activity than the rest of the water-protected area;
The coastal waters are the waters between the coastline and the line in the territorial sea at the distance of one nautical mile from the output line used to determine the width of the territorial sea;
The river basin is the main unit of water management and conservation of water and the reproduction of water resources, consisting of river basin (neighboring river basins) and associated coastal and groundwater;
Fishing-artificial breeding and reproduction of fish and other aquatic living resources;
The fisheries facility is a water object (its part) used for fisheries purposes;
The river basin is part of the earth's surface and the thick soils of which the water flow is sequentially due to the associated bodies of water and water flow into the sea, the limans or the lake;
A pond is an artificially created water capacity of no more than 1 million. cubic meters;
Subbasin-part of the river basin, the flow of water from which the associated bodies of water and water is carried to the main river basin or lake downstream;
The use and conservation scheme of water and water resources is a pre-project document identifying basic water and other measures to meet promising needs in the water of the population and industries, as well as to guard the water or prevent them from harmful actions;
A technological waterway is an artificially created type of special technological destination defined by a technical project and/or passport that is filled with artificially using hydrotechnical facilities and devices;
Water water-the border of water on the shore of the water object (coastline);
The chemical state of an array of surface waters is the measure of the quality of surface water that is defined by individual groups of pollutants;
The chemical state of an underground water array is a measure of the quality of groundwater that is defined by individual groups of pollutants;
An artificial surface of surface water is a surface water object or part created by human activity;
the quality of water is a characteristic of the composition and properties of water that determines its suitability for specific use purposes.
{Article 1 in accordance with the Laws No. 1990-III of 21.09.2000 , No. 2740-VI of 02.12.2010 , No. 4709-VI of 17.05.2012 , No. 5293-VI of 18.09.2012 , No. 1641-VIII of 04.10.2016 }
Article 2. All legislation of Ukraine
The task of water legislation is to regulate legal relations with the aim of preserving, scientifically, rational use of water for the needs of the population and industries, the reproduction of water resources, conservation of water from pollution, Prevention and exhaustion, preventing harmful actions of water and elimination of their effects, improve the state of water facilities, as well as the protection of the rights of enterprises, institutions, organizations and citizens to water.
Water relations in Ukraine are regulated by this Code, Law of Ukraine "Protection of the Environment" and other acts of legislation.
Land, mining, forest relations, as well as relations concerning the use and conservation of plant and animal world, areas and facilities of the natural-conservation fund, atmospheric air, exclusive (maritime) economic zone and continental shelf In the meantime, Ukraine is governed by the relevant legislation of Ukraine.
Article 3. Water Fund of Ukraine
All water (water) on the territory of Ukraine is its water fund.
The Water Fund of Ukraine includes:
Watercourses (rivers, streams);
Artificial reservoirs (reservoirs, ponds) and channels;
(2) Underground water and sources;
3) inland seas and territorial sea.
Article 4. Land of the Water Foundation
The waters of the water fund are occupied by:
seas, rivers, lakes, reservoirs, other water objects, marshes, and islands not occupied by forests;
Coastal protective stripes along the seas, rivers and around the water bodies other than land occupied by the forests;
Hydrotechnical, other reservoirs and canals, as well as land allocated under a breeding strip for them;
{Article 4 changes in accordance with the Act No. 4709-VI of 17.05.2012 }
Article 5. Local and local significance
To the water objects of common importance include:
1) inland sea waters, the territorial sea, as well as the aquatoria of seaports;
(2) Underground water that is the source of a central water supply;
(3) Surface water (lakes, reservoirs, rivers, canals), which are located and used in the territory of more than one area, as well as their tributaries of all orders;
(4) Water facilities within the areas of the natural-reserve fund of common importance, as well as being assigned to the Treatment category.
Local areas of local importance include:
1) the surface waters that are and are used within one area and which are not exposed to water objects of public importance;
2) underground waters that cannot be the source of a central water supply.
{Article 5 of the changes made under the Act No. 4709-VI of 17.05.2012 }
Article 6. Ownership of water (water)
Water (aquatic objects) is solely the property of the Ukrainian people and are provided only in use.
The Ukrainian people exercise ownership of water (water facilities) through the Verkhovna Rada of Ukraine, the Supreme Council of the Autonomous Republic of Crimea and local councils.
Separate powers for the orders of the waters (s) may be provided by the relevant bodies of the executive branch and the Council of Ministers of the Autonomous Republic of Crimea.
{Article 6 with the changes made under the Laws No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 }
Article 7. Competence of the Verkhovna Rada of Ukraine in the field of regulating water relations
Prior to the departure of the Verkhovna Rada of Ukraine in the field of regulation of water relations:
1) the legislative regulation of water relations and the determination of the basic areas of public policy in the field;
2) an order by the Water Fund of Ukraine;
(3) the approval of public, interstate programs of use and conservation of water and reproduction of water resources;
{Paragraph 4 of Article 7 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
{Paragraph 5 of Article 7 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
{Paragraph 6 of article 7 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
7) Addressing other issues in the field of legislative regulation of water relations according to Constitution of Ukraine .
{Article 7 changes in accordance with the Laws No. 1990-III of 21.09.2000 , No. 3421-IV of 09.02.2006 , No. 5456-VI of 16.10.2012 }
Article 8. Competence of the Supreme Council of the Autonomous Republic of Crimea in the field of regulating water relations
To the competence of the Supreme Council of the Autonomous Republic of Crimea in the field of regulation of water relations in the territory of the Autonomous Republic of Crimea belongs to:
1) the approval of the republican (Autonomous Republic of Crimea) programs of use and conservation of water and reproduction of water resources;
2) the coordination of district and urban activities (the cities of the Republican Autonomous Republic of Crimea) is pleased with the use and conservation of water and the reproduction of water resources;
(3) To approve projects of the sanitary protection zone projects;
(4) The adoption of a set of decision-making for the provision of water objects to the local value to the facilities of the natural and reserve fund or the relevant categories of the special protection;
(5) To establish rules for the use of low-dimensional vessels on water facilities;
(6) Installation in the case of the need for more severe than the whole of Ukraine, the normative quality of water in the aquatic objects of local importance;
7) acceptance of the agreement with the central executive body implementing state policy in the field of sanitary and epidemics of the population, the central body of the executive power, implementing state policy in the development of water the economy, and the central body of the executive branch, implementing state policy in the area of the environmental protection environment during the occurrence of emergency management decision situations from accumulations in water objects, if not Would lead to the safety of the environmental regulations of the water use;
8) to address other issues in the field of water relations regulation defined by law.
{Article 8 changes in accordance with the Laws No. 1990-III of 21.09.2000 , No. 3421-IV of 09.02.2006 , No. 997-V of 27.04.2007 , No. 2756-VI of 02.12.2010 ; in the drafting of the Law No. 3530-VI of 16.06.2011 ; with changes made under the Laws No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Article 8-1. Competence of regional, Kiev and Sevastopol city councils in the field of water relations regulation
Prior to the competence of regional, Kiev and Sevastopol city councils in the field of regulation of water relations on their territory belongs to:
1) to ensure the implementation of public policy in the field of use and conservation of water and reproduction of water resources;
{Paragraph 2 of Article 8-1 is excluded from the Act of No. 5293-VI of 18.09.2012 }
3) to agree to state targeted, interstate programs of use and conservation of water and reproduction of water resources, participation in their performance;
4) the development, approval and execution of regional applications of water use and conservation of water resources;
{Paragraph 5 of Article 8-1 is excluded from the Act of No. 1830-VIII of 07.02.2017 }
{Paragraph 6 of article 8-1 is excluded from the Act of No. 1193-VII of 09.04.2014 }
7) Coordination of district and urban councils on the use and conservation of water and reproduction of water resources;
8) approving projects of sanitary protection zones;
9) the adoption of a set of decision-making for the provision of water objects to the local value to the facilities of the natural and reserve fund or the relevant categories of the special protection;
(10) To establish the rules of use of low-dimensional vessels on water facilities;
(11) Installation in the case of the need for more severe than the whole of Ukraine, the normative quality of water in the aquatic objects of local importance;
12) restriction, temporary ban (stop) activities of enterprises, institutions and organizations in the event of violation of the requirements of water legislation;
13) an organization of work related to the elimination of the effects of accidents and natural disasters, deterioration of water quality or harmful action, with the involvement of enterprises, institutions and organizations in the manner prescribed by legislation;
14) by agreeing with the central executive body implementing state policy in the field of sanitary and epidemics of the population, the central body of the executive branch implementing state policy in the field of water development. the economy, and the central body of the executive branch, implementing state policy in the area of the environmental protection environment during the occurrence of emergency management decision situations from accumulations in water objects, if not Would lead to the safety of the environmental regulations of the water use;
(15) Organization of the informing population on the state of water objects, its change and the exercise of water-protected measures;
16) to exercise control of the use and protection of water and the reproduction of water resources;
17) to address other issues in the field of water relations regulation defined by law.
{The Code is supplemented by Article 8-1 under the Law No. 3530-VI of 16.06.2011 ; with changes made under the Laws No. 1193-VII of 09.04.2014 , No. 1641-VIII of 04.10.2016 }
Article 9. Competence of district councils in the field of water relations regulation
Prior to the departure of the district councils in the field of regulation of water relations, their territory belongs to:
(1) Coordination of the work of rural, village, urban (district submission) rad during the conduct of interterritorial water and water protection measures and the presentation of appropriate methodical aid;
{Paragraph 2 of Article 9 is excluded based on the Law of the No. 1193-VII of 09.04.2014 }
(3) Organization of work related to the elimination of the effects of accidents and natural disasters, worsening of the quality of water or their harmful action, participation in the established order to this work of enterprises, institutions and organizations;
(4) To organize and arrange coastal protective lanes along rivers, seas and around water;
5) in the established order of proposals for the declaration of water objects by objects of the nature-reserve fund to the Supreme Council of the Autonomous Republic of Crimea, regional councils;
6) restriction, temporary ban (stop) activities of enterprises and other facilities in case of violation of the requirements of water legislation within their competence;
(7) establishing general water rules in a manner defined by the Article 47 This is the Code;
8) the exercise of control of the use and protection of water and reproduction of water resources;
(9) Organization of the informing population on the state of water facilities, about the emergency environmental situations that can adversely affect the health of people, and the measures taken to improve the state of water;
(10) Addressing other issues in the field of regulating water relations within its competence.
{Article 9 of the changes in accordance with the Laws No. 997-V of 27.04.2007 , No. 5456-VI of 16.10.2012 }
Article 10. The competence of rural, village, urban and district in cities is happy in the field of regulating water relations
Before the departure of rural, village, urban and district cities in cities are pleased with the regulation of water relations on their territory.
1) take action on rational use and conservation of water and reproduction of water resources;
2) control of the use and protection of water and the reproduction of water resources;
(3) Setting the general use of water objects in a manner defined by Article 47 This is the Code;
4) restriction, temporary ban (stop) activities of enterprises and other facilities in case of violation of the requirements of water legislation within their competence;
(5) Organization of work related to the elimination of the effects of accidents and natural disasters, worsening of the quality of water or their harmful action, the involvement of this work of enterprises, institutions and organizations;
(6) Organization of the informing population about the state of water facilities, as well as the emergency environmental situations that can adversely affect the health of people, and the measures taken to improve the state of water;
7) to address other issues in the field of regulating water relations within its competence.
{Article 10 of the changes in accordance with the Laws No. 997-V of 27.04.2007 , No. 5456-VI of 16.10.2012 }
Article 11. Participation of citizens and their associations, other public formations in taking measures to use and guard the water and reproduction of water resources
Citizens and their associations, other public formations in the established order have the right to:
1) participate in the consideration of local councils and governmental bodies related to the use and protection of water and waste water resources;
(2) By the agreement with local councils and public authorities to carry out the work on the use and protection of water and the recreation of water resources for its own funds and by voluntary participation of members of the associations of citizens;
3) participate in the central body of the executive branch implementing state policy on enforcement of environmental protection (control) in the area of environmental protection, rational use, reproduction and conservation. resources, check out the execution of water-users of water regulations and measures and to make suggestions on these issues;
{Paragraph 4 of Article 11 is excluded based on the Law of the No. 2059-VIII of 23.05.2017 }
(5) To exercise public control for the use and protection of water and the reproduction of water resources;
6) receive in established order information on the state of water objects, sources of pollution and use of water, about plans and measures to use and protect the water and reproduction of water resources;
(7) to sue the damages for damages incurred by the state and citizens due to pollution, ridicule and exhaustion of waters;
7-1) participate in preparing plans for the management of river basins and promote their implementation;
7-2) participate in the preparation of plans to manage the risk of flooding and promote their implementation;
8) carry out other functions regarding the use and protection of water and reproduction of water resources according to the legislation.
{Article 11 of the changes in accordance with the Laws No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Chapter II. PUBLIC ADMINISTRATION AND CONTROL OF THE USE AND PROTECTION OF WATER AND CONSERVATION OF WATER RESOURCES
Chapter 2. PUBLIC, TARGET, INTERSTATE AND REGIONAL PROGRAMS IN THE FIELD OF USE AND CONSERVATION OF WATER AND REPRODUCTION OF WATER RESOURCES
{Title of Chapter 2 with the changes under the Act No. 3421-IV of 09.02.2006 }
Article 12. Public, target, interstate and regional applications of water and water conservation and conservation
State, target, interstate and regional applications of water and water conservation and reproduction of water resources are developed to implement purposeful and effective activities to meet the needs of the population and industries in water, conservation, rational use and guard, prevent their harmful actions.
State, target, interstate and regional applications of water and water conservation and reproduction of water resources are developed based on the data of state accounting, water cadastre, control schemes and conservation of water and water resources. " Given the plans to manage the river basins.
The development and implementation of these programs is carried out by the State Budget of Ukraine, the budget of the Autonomous Republic of Crimea and local budgets, funds of enterprises, institutions and organizations, extrabudgetary funds, voluntary contributions of organizations and citizens, Other funds.
{Article 12 of the changes in accordance with the Laws No. 3421-IV of 09.02.2006 , No. 1641-VIII of 04.10.2016 }
Chapter 3. PUBLIC ADMINISTRATION IN THE FIELD OF USE AND CONSERVATION OF WATER AND REPRODUCTION OF WATER RESOURCES
Article 13. Agencies carrying out public administration in the field of use and conservation of water and reproduction of water resources
Public administration in the field of use and conservation of water and reproduction of water resources is carried out by pool principle based on state, target, interstate and regional applications of water and water conservation and conservation of water resources, and Also plans to manage the river basins.
Public administration in the field of use and conservation of water and reproduction of water resources undertake the Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, rural, village, city councils and their executive bodies, district, regional councils, organs and other governmental bodies in accordance with the legislation of Ukraine.
The executive authorities in the field of use and conservation of water and reproduction of water resources are the central body of the executive, which ensures the formation of public policy in the area of environmental protection, the central body. an executive branch implementing state policy in the area of environmental protection, the central executive body that implements state policy in the development of water management, the central executive body, implementing the State policy in the field of geological study and rational use The central executive body is implementing state policy on enforcement and rational use of water and reproduction of water resources, and other bodies in accordance with the legislation.
{Article 13 of the changes made under the Laws No. 3421-IV of 09.02.2006 , No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Article 13-1. Hydrographic and Water Areas of the territory of Ukraine
The hydrographic unit is the river basin.
There are nine areas of river basins in Ukraine:
Area of the Black Sea river basin;
The area of the Azov River basin.
Within the established areas of the river basins, the central executive body, which provides the formation of public policies in the area of environmental protection, can allocate subcatchment areas.
Border of river basins, subbasins and water areas are approved by the central executive body, which ensures the formation of public policy in the sphere of environmental protection.
Water sites allocates within the areas of river basins with regard to the basing principle of governance, administrative and territorial establishment, physical and geographical conditions and the economic activities of the central executive body that provides the formation of public policy in the sphere of environmental protection.
{Chapter 3 complemented by article 13-1 under the Law No. 1641-VIII of 04.10.2016 }
Article 13-2. Plans for the management of river basins
Plans for the management of river basins are developed and performed in order to achieve the ecological objectives defined for each river basin region at the established lines.
The main elements of the plans for the management of river basins are:
1) the general characteristic of surface and groundwater waters of the river basin;
2) The identification of basic anthropogenic influences on the quantitative and qualitative state of surface and groundwater, including from point and diffusion sources;
(3) the definition of zones (territories) that are subject to the guards, and their mapping;
4) mapping monitoring networks, results of monitoring programs performed for surface water (ecological and chemical), groundwater (chemical and quantitative), zones (territories) that are subject to the guards;
5) a list of targets for surface water, groundwater and areas (territories) that are subject to the guards, and the lines of their achievement;
(6) Economic analysis of water use;
7) review of the execution of programs or activities, including the ways of achieving the designated goals;
8) a complete list of programs (plans) for the river basin or subbasin, their content and problems that are envisaged to be solved;
9) the report on public awareness and public discussion of the project plan for the management of the river basin;
10) a list of competent authorities;
11) the order of receiving information (including the primary) about the state of surface and groundwater.
Plans for the management of river basins are approved by the Cabinet of Ministers of Ukraine every six years.
Procedure for developing a river basin management plan are approved by the Cabinet of Ministers of Ukraine.
{Chapter 3 complemented by Article 13-2 under the Law No. 1641-VIII of 04.10.2016 }
The Basin Council is an advisory advisory body within the river basin formed under the central body of the executive branch, which implements state policy in water development, with the aim of ensuring rational governance. the use and conservation of water and the reproduction of water resources, integrated management of them.
The pool council is formed by the central body of executive power, implementing state policy on water development, to produce proposals and to ensure the reconciliation of interests of enterprises, institutions and organizations in the field of use and conservation of water and reproduction of water resources within the basin.
The decision of the pool is considered to be taken into account during the development of the basin management plans and the implementation of measures for rational use and conservation of water and water resources.
The pool boards include representatives of central and local executive bodies, local government bodies, other interested organizations, institutions, businesses and members of the public.
Default position for pool councils is approved by the central body of the executive branch, which provides the formation of public policy in the sphere of environmental protection.
{Chapter 3 complemented by Article 13-3 under the Law No. 1641-VIII of 04.10.2016 }
Article 13-4. Water balance sheets
Water balance sheets are designed to assess the presence and ability of water resources.
Water balances are approved by the central executive body, implementing state policy in the field of water development.
The order of water balance development is approved by the central executive body, which ensures the formation of public policy in the area of environmental protection.
{Chapter 3 complemented by article 13-4 under the Law No. 1641-VIII of 04.10.2016 }
Chapter 4. COMPETENCE OF PUBLIC AUTHORITIES IN THE FIELD OF MANAGEMENT AND CONTROL OF WATER AND CONSERVATION OF WATER RESOURCES
Article 14. Competence of the Cabinet of Ministers of Ukraine in the field of management and control of water and conservation of water resources
Prior to the departure of the Cabinet of Ministers of Ukraine in the field of management and control of the use and protection of water resources and the reproduction of water resources belongs to:
1) the implementation of public policy in the field of use and conservation of water and reproduction of water resources;
(2) Disposal of the inland sea waters, the territorial sea, as well as the aquatoria of seaports;
(3) State control of the use and protection of water and the reproduction of water resources;
(4) Definition of water priorities;
5) ensure the development of public, targeted, interstate applications of water use and conservation of water and reproduction of water resources;
(6) Identification of the activities of the executive authorities in the fields of use and conservation of water and reproduction of water resources, coordination of their activities;
(7) Setting of the order of issuing permits for special water use, drainage work, cables, pipelines and other communications on the land of the water fund, and the order of order for the normative action Pollutants in the aquatic objects and the list of pollutants that have normalized, develop and approve criteria for assessing the pollution of groundwater objects;
{Paragraph 8 of article 14 is excluded based on the Law of the No. 2756-VI of 02.12.2010 }
{Paragraph 9 of article 14 is excluded based on the Law of the No. 1990-III of 21.09.2000 }
(10) the acceptance in the event of emergency decision-making situations from the waste water accumulations of water objects if they result in a greater limit to the limit concentrations of pollutants in these objects;
(11) Organization and coordination of work related to prevention and elimination of effects of accidents, natural disasters, harmful effects of water or deterioration of water quality;
12) decision making on the limitations, temporary ban (stop) activities of enterprises, institutions, organizations and facilities in the event of violation of the requirements of water legislation;
(13) The approval of sanitary protection zones projects that provide water supply to more than one area;
13-1) approval of the plans for the management of river basins and the order of their development;
13-2) approval of the risk management plans of the flooding and the order of their development;
14) the management of foreign relations of Ukraine in the fields of use and conservation of water and reproduction of water resources;
14-1) defection of the aquatoria of seaports;
15) to address other issues in the areas of use and conservation of water and reproduction of water resources.
{Article 14 of the changes in accordance with the Laws No. 1990-III of 21.09.2000 , 2288-IV of 23.12.2004 , No. 3421-IV of 09.02.2006 , No. 997-V of 27.04.2007 , No. 4709-VI of 17.05.2012 , No. 5293-VI of 18.09.2012 , No. 5456-VI of 16.10.2012 , No. 1193-VII of 09.04.2014 , No. 1641-VIII of 04.10.2016 , No. 1830-VIII of 07.02.2017 }
Article 15. Competence of the Central Executive Authority providing the formation of public policy in the area of environmental protection, in the field of management and control of the use and conservation of water and waste water resources
Prior to the departure of the Central Executive Authority, which provides the formation of public policy in the area of environmental protection, in the field of management and control of the use and conservation of water and the reproduction of water resources belongs to:
1) ensuring the formation of public policy in conservation and reproduction of water (surface, underground, marine), the rational use of water resources;
{Paragraph 2 of the first Article 15 is excluded from the Law of the No. 5456-VI of 16.10.2012 }
3) to develop public targeted, interstate applications of water use and conservation of water and reproduction of water resources;
{Paragraph 4 of the first article 15 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
5) develop and approve regulations and regulations to regulate the use and protection of water and reproduction of water resources within its competence;
{Item 5 of Part 1 of Article 15 of the changes in accordance with the Act No. 124-IX of 20.09.2019 }
{Paragraph 6 of the first article 15 is excluded from the Law of the No. 5456-VI of 16.10.2012 }
{Paragraph 7 of the first article 15 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
{Paragraph 8 of the first article 15 is excluded based on the Law of the No. 5456-VI of 16.10.2012 }
{Paragraph 9 of the first article 15 is excluded from the Law of the No. 5456-VI of 16.10.2012 }
(10) International cooperation on the use and protection of water and reproduction of water resources;
10-1) approval The boundaries of river basins, subbasins and reservoirs ;
10-2) approving the order of development of water balance sheets;
10-3) allocation of subbasins and reservoirs within the areas of river basins;
10-4) approval of the model provision for the sake of the pool;
(10-5) approval The method of reproducing an array of surface water to one of the classes of ecological and chemical states of an array of surface water, as well as an artificial or substantially altered array of surface waters to one of the ecological potential of artificial or substantially A modified surface water array ;
(10-6) Approval of an array of groundwater supply to one of the quantitative and chemical states of an underground water array;
(10-7) approval Lists of pollutants to determine the chemical state of the array of surface and groundwater and ecological potential of artificial or substantially altered surface water ;
(10-8) approval methods for determining the array of surface and groundwater ;
11) to address other issues in the areas of use and conservation of water and reproduction of water resources.
The central executive body, which provides the formation of public policy in the area of environmental protection, carries on it the authority on its own and through its territorial organs (in case of their formation), and on The territory of the Autonomous Republic of Crimea-through the executive branch of the Autonomous Republic of Crimea on the protection of the natural environment.
{Article 15 of the changes in accordance with the Laws No. 3421-IV of 09.02.2006 , No. 997-V of 27.04.2007 , No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Article 15 -1. Competence of the Central Executive Authority implementing state policy in the area of environmental protection, in the field of management and control of the use and protection of water and waste water resources
To the competence of the Central Executive Authority implementing state policy in the area of environmental protection, in the field of management and control of the use and conservation of water and the reproduction of water resources belongs to:
1) realization of public policy in conservation and reproduction of water (surface, underground, marine), the rational use of water resources;
2) to participate in the implementation of state targeted, interstate programs of use and conservation of water and reproduction of water resources;
(3) Organization and implementation of public monitoring of waters;
(4) Implementation of office in the field of environmental impact assessment in accordance with the environmental impact assessment legislation;
5) issuance, annulment, redesign and issuing duplicates permits to conduct works on the lands of a water foundation within the coastal protective lanes along seas, sea bays and leimas, in inland sea waters, limanac and territorial Sea;
6) development and implementation in the established order of organizational and economic measures to ensure the conservation and use of water and reproduction of water resources;
7) Addressing other issues in the areas of use and conservation of water and reproduction of water resources.
The central executive body, which provides the implementation of public policy in the area of environmental protection, carries on it the authority on its own and through its territorial organs (in case of their formation), and on The territory of the Autonomous Republic of Crimea-through the executive branch of the Autonomous Republic of Crimea on the protection of the natural environment.
{The Code is supplemented by Article 15-1 under the Law No. 5456-VI of 16.10.2012 ; with changes made under the Laws No. 1193-VII of 09.04.2014 , No. 2059-VIII of 23.05.2017 }
Article 15 -2. The competence of the Central Executive Authority implementing state surveillance policies in the area of conservation and rational use of water and reproduction of water resources, in management and control of use and Protection of water and conservation of water resources
To the competence of the Central Executive Body, implementing state policy on enforcement and rational use of water and reproduction of water resources, in management and control of The use and conservation of water and the reproduction of water resources are:
1) to implement public oversight (control) for the enforcement of the requirements of the protection laws and the rational use of water and reproduction of water resources;
(2) The adoption in a set of order of decision restriction, temporary ban (stop) activities of enterprises, institutions, organizations and facilities in the event of violation of the requirements of water legislation;
3) to address other issues in the areas of use and conservation of water and reproduction of water resources.
{The Code is supplemented by Article 15-2 under the Law No. 5456-VI of 16.10.2012 }
Article 16. Competence of the Central Executive Authority implementing state policy in the field of water development, in the field of management and control of water and conservation of water and water resources
Prior to the departure of the Central Executive Body, implementing state policy on water development, in the field of management and control of the use and conservation of water resources, and the reproduction of water resources is:
1) the implementation of public policy on the development of water management and the melioration of land, management, use and reproduction of surface water resources;
2) development and installation of modes of operation of the reservoirs of complex purpose, water systems and channels, approving the rules of their exploitation;
3) development and participation in the implementation of public, targeted, interstate applications of water use and conservation of water and reproduction of water resources;
(4) To ensure the needs of the population and industries in the water resources and implement their interwatershed redistribution;
5) to ensure the functioning of the public monitoring system in part of the radiological and hydrochemical observations on water objects of complex purpose, transboundary water bodies, water systems intersectoral and Agricultural water supply, in the zones of the impact of nuclear power plants;
6) design, construction and operation of the water systems and facilities of the integrated purpose;
(7) To take measures on the environmental recovery of surface water and care;
8) to conduct public accounting and public water cadastre;
9) issuance of permits for special water use;
9-1) issuance, annulment, redesign and issuing duplicates permits to conduct work on the lands of the water foundation (except for conducting work on the land of the water foundation within the coastal protective lanes along seas, seaports and lemons, in Inland sea waters, limanac and territorial sea);
9-2) issue permits for special water use in the exclusion zone and the unconditional (compulsory) land resettlement of the area, due to radioactive contamination due to the Chernobyl disaster;
10) to implement international cooperation in the field of use and conservation of water and reproduction of water resources of border waters;
11) action to prevent harmful actions of water and elimination of its consequences, including anti-pastoral protection of rural settlements and agricultural land;
12) to monitor the modes of operation of reservoirs and water systems;
12-1) Generalization and analysis of water reports on the use of water resources;
12.) The regulation of water supply;
12-3) driving monitoring of water quality in control structures in areas of the main reservoirs of the integrated destination, water systems of the inter-sector and agricultural water supply;
12-4) carry out monitoring of water facilities by radiological indicators in the territories of radioactive contamination;
{Paragraph 12-5 of the first Article 16 is excluded based on the Law of the No. 1641-VIII of 04.10.2016 }
12-6) The development of a complex system with other executive authorities regarding emergency prevention measures, reducing the devastating effects of flooding, ensuring the unavoidance of flood water and ice;
12-7) The organization of work related to the minimization of effects of harmful water action, including protection against the attachment, anti-pastoral and counterbalancing protection of rural settlements and agricultural land;
12-8) design schemes of integrated use and conservation of water resources, formation of long-term forecasting of water balances, approval of water balances, participation in addressing issues related to the inter-state distribution of the stock Rivers and use of border waters;
12-9) the purpose of the passport and the sources of drinking water;
12-10) develop measures to ensure the centralized water supply of rural settlements using the privilege of water;
12-11) agreeing to the documentation on land in cases and order determined by the Land Code of Ukraine and Law of Ukraine "On land system" on the relevance of the specified documentation to water legislation;
13) to address other issues in the field of governance and control over water and conservation of water resources.
The central executive body, implementing state policy on the development of water, carries on its authority on its own and through its territorial bodies (in case of their formation) and in the territory of the Autonomous Republic Crimea is through the executive branch of the Autonomous Republic of Crimea on Water Management.
{Article 16 of the changes in accordance with the Laws No. 3421-IV of 09.02.2006 , No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 , No. 365-VII of 02.07.2013 , No. 1193-VII of 09.04.2014 , No. 1472-VIII of 14.07.2016 , No. 1641-VIII of 04.10.2016 , No. 1830-VIII of 07.02.2017 }
Article 17. Competence of the Central Authority of the Executive Power, implementing state policy in the fields of geological study and rational use of superpower, in the field of management and control of water and conservation of water and water resources
Prior to the departure of the central executive body, implementing state policy in the sphere of geological study and rational use, in the field of control and control of the use and conservation of water and the reproduction of water resources is:
(1) The issuance of special permits for the development of groundwater deposits by the agreement with the central body of the executive branch, implementing state policy on the sanitary and epidemics of the population, the central body The Executive Committee, which implements state policy in the field of labour protection;
2) conduct the state accounting of groundwater and water cadastre;
3) to conduct public monitoring of groundwater;
{Paragraph 4 of article 17 is excluded based on the Law of the No. 1193-VII of 09.04.2014 }
{Paragraph 5 of Article 17 is excluded from the Act of No. 1193-VII of 09.04.2014 }
(6) Detection of Sunday wells and the exercise of measures to eliminate or repair and further use;
7) to carry out public geological control by the conduct of search and intelligence and other work on geological study of groundwater;
8) to address other issues in the field of management and control over water and conservation of water resources.
{Article 17 of the changes in accordance with the Laws No. 3370-IV of 19.01.2006 , No. 5456-VI of 16.10.2012 }
"Article 17-1". Competence of the Council of Ministers of the Autonomous Republic of Crimea in the field of management and control of water and conservation of water resources
Prior to the competence of the Council of Ministers of the Autonomous Republic of Crimea in the field of management and control of the use and protection of water and the reproduction of water resources in the territory of the Autonomous Republic of Crimea belongs to:
1) to ensure the implementation of public policy in the field of water management, use and conservation of water and reproduction of water resources;
2) to develop and execute government programs, develop and ensure the execution of the republican (Autonomous Republic of Crimea) programs of use and conservation of water and reproduction of water resources;
{Paragraph 3 of article 17-1 is excluded from the Act of No. 5293-VI of 18.09.2012 }
{Paragraph 4 of article 17-1 is excluded from the Act of No. 1830-VIII of 07.02.2017 }
5) to meet the needs of the population and industries in the water resources and implement their inter-pool redistribution;
6) design, construction and operation of the water systems and facilities of the integrated purpose;
(7) To take measures on the environmental recovery of surface water and care;
{Paragraph 8 of article 17-1 is excluded from the Act of No. 1193-VII of 09.04.2014 }
9) take measures related to the prevention of harmful action of water and elimination of its consequences, including anti-pastoral protection of settlements and lands;
10) to monitor the regime's control of reservoirs and water systems;
{Paragraph 11 of article 17-1 is excluded from the Act of No. 1193-VII of 09.04.2014 }
(12) The organization of work related to the elimination of the effects of accidents and natural disasters, worsening of the quality of water or their harmful action, with the involvement of enterprises, institutions and organizations in the manner prescribed by legislation;
(13) Organization of the information of the population on the state of water objects, its change and the exercise of water-protected measures;
14. Control of the use and protection of water and waste water resources;
15) to address other issues in the field of water relations regulation defined by law.
{The Code is supplemented by Article 17-1 under the Law No. 3530-VI of 16.06.2011 ; with changes made under the Act No. 1193-VII of 09.04.2014 }
Article 17-2. The competence of the regional, Kiev, Sevastopol city administrations, the executive branch of the Autonomous Republic of the Crimea on environmental protection in management and control of the use and protection of water and Reproduction of water resources
Prior to the competence of regional, Kiev, Sevastopol city administrations, the executive branch of the Autonomous Republic of Crimea on environmental protection in management and control of water use and protection. and the reproduction of water resources belongs to:
{Paragraph 1 of article 17-2 is excluded from the Act of No. 1830-VIII of 07.02.2017 }
2. The pursuit of water-protected areas;
{Paragraph 3 of article 17-2 is excluded from the Act of No. 1193-VII of 09.04.2014 }
(4) To address other issues in the field of water relations regulation, defined by law.
{The Code is supplemented by Article 17-2 under the Law No. 5456-VI of 16.10.2012 ; with changes made under the Act No. 1193-VII of 09.04.2014 }
Chapter 5. CONTROL OF THE USE AND PROTECTION OF WATER AND THE REPRODUCTION OF WATER RESOURCES
Article 18. The task of controlling the use and conservation of water and the reproduction of water resources
Control of the use and conservation of water and the reproduction of water resources is to ensure that all legal and physical entities are required by the requirements of water law.
Article 19. State control of the use and protection of water and waste water resources
State control of the use and protection of water and the reproduction of water resources is carried out by the Cabinet of Ministers of Ukraine, the central body of the executive branch, implementing state policy on the enforcement of public oversight (control) Environment, rational use, reproduction and protection of natural resources, other governmental bodies in accordance with the legislation of Ukraine.
The order of state control over the use and protection of water and the reproduction of water resources is determined by this Code and other legislation.
{Article 19 of the changes in accordance with the Laws No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 }
Article 20. Public control of water and conservation of water and water resources
Public control over the use and protection of water and waste water resources is carried out by public environmental inspectors whose powers are determined by the position approved by the central body of the executive branch. provides the formation of public policy in the sphere of environmental protection.
{Article 20 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 21. State Monitoring of Water
In order to ensure the compilation, processing, conservation and analysis of water status information, forecasting its changes and development of a scientific recommendation for the adoption of management solutions in the field of water and conservation of water There is a state monitoring of water. The components of the state of water monitoring are monitoring biological, hydromorphological, chemical, and physical-chemical indicators.
State monitoring of water is a component of the state environmental monitoring system of Ukraine and is carried out in Order that is determined by the Cabinet of Ministers of Ukraine.
{Article 21 of the changes made under the Act No. 1641-VIII of 04.10.2016 }
Article 21-1. Ecological and chemical states of the array of surface waters, the ecological potential of artificial or substantially altered array of surface waters
The ecological state of the surface water array is determined by biological indicators using hydromorphological, chemical and physical-chemical indicators and based on the environmental regulatory quality of water is classified as "excellent", "good". "satisfactory", "bad" or "very bad".
The chemical state of an array of surface waters is defined by individual groups of pollutants and on the basis of environmental regulation of water is classified as "good" or "untenable".
The ecological potential of an artificial or substantially altered array of surface waters is determined by biological indicators using hydromorphological, chemical and physical-chemical indicators and on the basis of environmental regulation of water is classified. as "good", "satisfactory", "bad" or "very bad".
Method of subjugation of surface water to one of the classes of ecological and chemical states of mass water, as well as an artificial or substantially altered array of surface waters to one of the ecological potential of artificial or substantially A modified surface water array is approved by the central body of the executive branch, which provides the formation of public policy in the sphere of environmental protection.
List of pollutants to determine the chemical state of the surface water and ecological potential of an artificial or substantially altered surface The water is approved by the central executive body, which provides the formation of public policy in the area of environmental protection.
{The Code is supplemented by Article 21-1 under the Law No. 1641-VIII of 04.10.2016 }
Article 21-2. The quantitative and chemical states of the array of groundwater
The quantitative state of an underground water array is determined by the ratio of groundwater to its common volume and is classified as "good" or "bad".
The chemical state of the groundwater array is defined by individual groups of pollutants and is classified as "good" or "bad".
The method of subjugation of groundwater to one class of the quantitative and chemical states of an array of groundwater is approved by the central executive body providing the formation of public policy in the area of environmental protection. environment.
List of pollutants to determine the chemical state of the groundwater array is approved by the central body of the executive branch, which provides the formation of public policy in the sphere of environmental protection.
{The Code is supplemented by Article 21-2 under the Law No. 1641-VIII of 04.10.2016 }
Article 22. Environmental impact assessment
To ensure environmental security during the placement, design and construction of existing businesses, structures and other facilities related to the use of water, the environmental impact assessment is determined by the environment. Legislation.
{Article 22 with the changes made under the Act No. 2059-VIII of 23.05.2017 }
Article 23. Legal protection and stimulation of workers who carry out protection and control in the field of use and conservation of water and reproduction of water resources
Employees of specially authorized state bodies and public inspectors who carry out protection and control of water and water conservation and reproduction of water resources are guaranteed the legal protection of their honor, dignity, health and life. According to the legislation of Ukraine
Stimulation of workers specially authorized by government bodies and public inspectors in the field of use and conservation of water and reproduction of water resources is carried out in the order established by the Cabinet of Ministers of Ukraine.
Chapter 6. STATE OF THE WATERS. STATE WATER CADASTRE
Article 24. State of Water Account
The task of state accounting for water is to establish information about the quantity and quality of water, as well as water-use data, based on the distribution of water between water users and developing measures for rational use and conservation. Water and water resources.
The state of the water supply is conducted to systematize the collection and use of water, dropping back water and contaminants, the presence of working water systems and their power, as well as the existing cleaning systems. The water and their effectiveness.
State accounting and analysis of the state of water use is carried out by presenting the bodies of water reports.
The Organization of State Accounting is carried out by the executive branch of the executive branch, implementing state policy in the field of water development.
Order State accounting of the water supply is approved by the central executive body, which provides the formation of public policy in the area of environmental protection.
{Article 25 in the edition of the Law No. 5456-VI of 16.10.2012 ; with changes made under the Act No. 1641-VIII of 04.10.2016 }
Article 26. State of Surface Water
State of surface water accounting is as follows:
the central body of executive power, implementing state policy in the field of hydrometeorological activity, by conducting permanent hydrometric, hydrochemical observations of quantitative and qualitative characteristics of surface waters according to a programme approved by the central body of executive power, which provides the formation of public policy in the field of hydrometeorological activity, according to the agreement with the central body of executive power, which ensures the formation of public policy in environmental protection area, and the central body The Executive Committee, which implements state policy on the development of water management;
the central body of the executive branch, implementing state policy in the development of water farming, in part of the accounting of surface water facilities.
{Paragraph 26 of the changes made under the Act No. 5456-VI of 16.10.2012 ; in the drafting of the Law No. 1641-VIII of 04.10.2016 }
Article 27. State accounting for groundwater
The state of underground water is carried out by the central executive body, implementing state policy in the fields of geological study and rational use of the interior, by observing the quantitative and qualitative characteristics of groundwater. for a program which is approved by the central body of the executive branch, which provides the formation of public policy in the sphere of environmental protection.
{Text of Article 27 in the Drafting of the Law No. 5456-VI of 16.10.2012 }
Article 28. State Water cadastre
The state water cadastre consists of the purpose of systematizing the data of state-based water accounts and definitions of available water resources.
The state water cadastre is conducted by the central body of executive power, implementing state policy in the development of water economy, the central body of the executive power, implementing state policy in the sphere of geological study and rational use of the superpower, and the central body of the executive to implement state policy in the field of hydrometeorological activity in Order that is determined by the Cabinet of Ministers of Ukraine.
The state water inventory includes geospatial data, metadata and services, publishing, other activities with which and access to the Internet according to the report. Law of Ukraine "National Geographic Data Infrastructure".
{Article 28 is supplemented by part one by the Law No. 554-IX of 13.04.2020 -introduced on 1 January 2021}
Chapter 7. ECONOMIC REGULATION OF RATIONAL USE AND CONSERVATION OF WATER AND REPRODUCTION OF WATER RESOURCES
Article 29. Economic and economic measures to ensure rational use and conservation of water and water resources
Economic and economic measures to ensure rational use and conservation of water and reproduction of water resources include:
1) issuance of permits for special water use;
(2) Establishment of a meeting of the meeting rates for special water use;
{Paragraph 3 of article 29 is excluded based on the Law of the No. 1990-III of 21.09.2000 }
(4) to provide for the water users of the tax, credit and other benefits in the event of an implementation of the low-waste, impenetrable, energy-and resource-generated technologies, in accordance with the legislation of other measures which reduce the negative impact on the water;
5) reparations in the established order of damages inflicted on the water facilities in case of violation of the requirements of the legislation.
{Article 29 of the changes in accordance with the Laws No. 1990-III of 21.09.2000 , No. 2756-VI of 02.12.2010 }
Article 30. Special Water Service Assembly
Special Water Services Assembly provides for the purpose of stimulating rational use and conservation of water and reproduction of water resources and include a renal fee for the special use of water and environmental tax for the dumping of pollutants. water objects set up Tax Code of Ukraine .
{Article 30 in the edition of the Law No. 1990-III of 21.09.2000 ; with changes made under the Act No. 2505-IV of 25.03.2005 ; in the drafting of the Law No. 2756-VI of 02.12.2010 ; with changes made under the Act No. 71-VIII of 28.12.2014 }
{Article 31 is excluded based on the Law of the No. 1990-III of 21.09.2000 }
{Article 32 is excluded based on the Law of the No. 2756-VI of 02.12.2010 }
Chapter 8. NORMALISATION IN THE FIELD OF USE AND CONSERVATION OF WATER AND REPRODUCTION OF WATER RESOURCES
{Title of Chapter 8 with the changes under the Act No. 124-IX of 20.09.2019 }
Article 33. The task of normalisation in the fields of use and conservation of water and reproduction of water resources
The use and conservation of water and water conservation is carried out to ensure the ecological and sanitary-hygienic water safety by establishing requirements for the normalization of objects.
{Article 33 in the edition of the Law No. 124-IX of 20.09.2019 }
{Article 34 is excluded based on the Law of the No. 124-IX of 20.09.2019 }
Article 35. Regulations in the field of use and conservation of water and reproduction of water resources
In the field of use and conservation of water and the reproduction of water resources, the following regulations are established:
(1) Regulation of environmental security;
(2) Environmental quality of water quality water and groundwater;
3) normative permissible dumping of pollutants;
4) the field technological standards of substances that are dropped in the water volumes;
The legislation of Ukraine may be established by other regulations in the field of use and conservation of water and conservation of water resources.
{Article 35 with changes in accordance with the Act No. 1641-VIII of 04.10.2016 }
Article 36. Regulations of the Environmental Protection of Water
To assess the possibility of using water from water facilities to the needs of the population and industries, regulations that provide safe water conditions are:
The limit permissible concentrations of substances in aquatic objects, whose water is used to meet the drinking, household and other needs of the population;
The limit permissible concentrations of substances in aquatic objects, the water used for fisheries;
The permissible concentrations of radioactive substances in aqueous objects, the water used to meet the drinking, household and other needs of the population.
In case of the need for water facilities, which are used for medicinal, spa, recreational, recreational and other purposes, more rigorous environmental safety standards may be established.
Environmental safety standards are developed and approved:
The central body of the executive branch, which provides the formation of public health policies-for water objects whose water is used to meet the drinking, household and other needs of the population;
The central body of the executive branch, which provides for the formation of public policy in the fields of fisheries, is for the water objects whose water is used for fisheries needs.
The regulatory environmental safety regulations are administered by the administration of the executive branch, which ensures the formation of public policy in the area of environmental protection.
{Article 36 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 37. Ecological regulation of water quality of the array and groundwater
To assess the ecological and chemical states of the array of surface waters and the chemical state of the groundwater array and the determination of the water conservation complex, the environmental regulation of the water quality of the array and groundwater contains the water. Scientifically justified the values of concentrations of pollutants and water quality indices (general physical, biological, chemical, radiation).
The ecological quality of water quality of the surface and groundwater is developed and approved by the central body of the executive branch, which ensures the formation of public policy in the sphere of environmental protection.
{Article 37 in the edition of the Law No. 1641-VIII of 04.10.2016 }
Article 38. Regulations limit the reduction of pollutants
Regulations limit the permissible reduction of pollutant are set to achieve the ecological quality of water quality.
Order regulatory development of a limit tolerance and list The polluting substances are set up by the Cabinet of Ministers of Ukraine.
{Article 38 of the changes made under the Laws No. 1641-VIII of 04.10.2016 , No. 1830-VIII of 07.02.2017 }
Article 39. Industry-based techniques for the formation of substances that are deposited in aquatic objects and those that are fed into the production facilities
To assess environmental security, production is set up by industry-based techniques for the formation of substances that are deposited in the aquatic objects and those given by the austeles, i.e. the regulations of the limits of the permissible concentrations of substances in the waters, It is said to form in the process of producing a single product using the same raw material.
Industry standards for the formation of substances that are deposited into the aquatic objects and those given to the oyster structures are developed and approved by the respective central executive bodies in terms of the agreement with the central body of the executive branch. the power that provides the formation of public policy in the sphere of environmental protection.
{Article 39 with changes made according to No. 1990-III of 21.09.2000 }
Article 40. Technological standards of water use
To assess and ensure the rational use of water in the sectors of the economy is set by the technological regulations of the use of water, namely:
The current technological standards of water use are for the existing level of technology;
The promising technological standards of water use-with regard to advances at the level of advanced world technologies.
The technology regulations of the use of water are developed and approved by the relevant central executive bodies in terms of the agreement with the central executive body, which ensures the formation of public policy in the area of environmental protection. natural environment.
Article 41. Regulation of waste in water facilities for which no regulation of water and water conservation and conservation of water resources
Dropping in the water facilities, for which the regulations of environmental security and regulations are not established, is prohibited.
The dumping of such substances in exceptional cases can be allowed by the central executive body implementing state policy in the health sector, the central body of the executive branch implementing state policy in conservation. the environment, and the central body of executive power, implementing state policy in the fields of fisheries and fish industry, provided that during the established period these regulations will be developed and Approved.
The regulations on the development of environmental safety regulations and regulations limit the allowable drop of these substances are the water users who make their discount.
{Article 41 of the changes under the Act No. 5456-VI of 16.10.2012 }
Chapter 9. Water-users. RIGHTS AND RESPONSIBILITIES
Water users in Ukraine may be enterprises, institutions, organizations and citizens of Ukraine, as well as foreigners and individuals without citizenship, foreign legal entities.
Water users may be primary and secondary.
Primary water users are those that have their own reservoirs and appropriate equipment for the care of water.
Secondary reservoirs (subscribers) are those that do not have their own reservoirs and receive water from the reservoirs of primary reservoirs and drop the water from their systems on the basis of the water supply contract (supply of water) and/or on the waterway without obtaining permission from the special water supply.
Secondary reservoirs are carried out by dropping out of water at water facilities on the basis of permits for special water use.
The collection and use of water from canals, watercourses (plumbing) and intra-hoc redistribution of water resources is carried out on the basis of permit for special water use and water supply contract (supply of water), concluded with businesses and organizations that provide a rebuttal of water in low-water regions. The list of enterprises and organizations that provide the transfer of water to the low-water regions is approved by the Cabinet of Ministers of Ukraine.
{Article 42 of the changes made under the Laws No. 1990-III of 21.09.2000 , No. 1830-VIII of 07.02.2017 }
Article 43. Basic water rights
(1) To exercise general and special water;
2) use water facilities on loan;
{Paragraph 3 of Part 1 of Article 43 is excluded based on the Law of the No. 1990-III of 21.09.2000 }
(4) To request from the owner of a water facility or a water system to maintain the proper quality of water under the conditions of water;
5) to build hydrotechnical and other water facilities, carry out their reconstruction and repair;
(6) Transfer for use of water to other water users on designated conditions;
7) carry out other water-use functions in the order established by the legislation.
The rights of the bodies are protected by law.
Violations of the rights of the bodies are subject to renewal in the order established by the law.
{Article 43 of the changes under the Act No. 1990-III of 21.09.2000 }
1) saves the use of water resources, take care of their reproduction and improve the quality of water;
(2) use water (water facilities) according to the purposes and conditions of their provision;
3) keep the established regulations limit permissible for pollutants and established limits of water fence, limit the use of water and the limit of pollutants by dropping pollutants as well as sanitary and other requirements for the ordering of their Territory;
4) to use effective modern technical means and technology to keep its territory in proper condition, and to carry out measures to prevent the pollution of water objects by stillness (rain, snow) driving away from it;
5) do not allow violations of the rights provided to other reservoirs, as well as harm to the host facilities and objects of the environment;
(6) to be held in the proper state of the sanitary protection of the sources of drinking and economic, coastal defence lanes, coastal defenses, coastal lanes, coastal lanes of waterways, oatons and other reservoirs and technical devices;
7) carry out the means of measuring machinery, including automated, accounting for the fence and use of water, control of the quality and amount of dropped water and pollutants and the quality of water of water objects in control. And to submit reports to the relevant authorities in the order defined by this Code and other legislative acts;
8) carry out the agreed order of technological, logging, agricultural, hydrotechnical, sanitary and other measures to protect the water from exhaustion, improvement of their condition, and discontinuation of contaminated water water;
9) to exercise special water only for the availability of permits;
10) unimpeded to allow for its facilities of state inspectors of the central executive body, implementing state policy on enforcement of environmental protection (control) in the sphere of environmental protection, rational and rational management. The use, reproduction and protection of natural resources, as well as public environmental inspectors who undertake the verification of the requirements of the requirements of water legislation, and provide them with free information necessary;
11. It was timely to pay fees for special water and other fees in accordance with the legislation;
12) timely inform the central executive body that implements state policy on public oversight (control) in the area of environmental protection, rational use, reproduction and conservation of natural resources. resources, the central authority of the executive branch, implementing state policy in the area of the sanitary and epidemics of the population, the Council of Ministers of the Autonomous Republic of Crimea, local government administrations and local governments The occurrence of emergency pollution;
13) carry out emergency work related to the eradication of accidents that can cause worsening water quality, and provide necessary technical means to eliminate accidents at objects of other water users in the order established. Legislation
14) carry out other duties regarding the use and protection of water and the reproduction of water resources according to legislation.
{Article 44 of the changes made under the Laws No. 1990-III of 21.09.2000 , No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Article 45. Water Rights Restrictions
In the case of malnutrition, threats to the occurrence of epidemics and episodes, as well as other prescribed bodies of water rights, may be limited or altered water conditions for the purpose of providing health care to people and others. Government interests. The priority is given to the use of water for the nutritional and household needs of the population.
Water rights are also restricted to accidents or conditions, which can cause or have led to contamination of the water, caused by harmful effects of water, caused by harmful effects of water, and eradication of its effects.
The rights of the water users can be restricted by a body which issued a permit to a special water supply or provided a water object to its use or lease.
Secondary reservoirs may be limited to primary water users with a body that has issued a permit for a special water supply or provided a water object to its use.
The right of general water can be restricted in order determined. Article 47 That's the Code.
{Paragraph 45 of the changes under the Act No. 1990-III of 21.09.2000 }
Chapter 10. TYPE AND ORDER OF WATER
There can be two types of water-general and special.
{Article 46 in the edition of the Law No. 1990-III of 21.09.2000 }
Common water usage is carried out by citizens to meet their needs (bathing, boat swimming, amateur and sporting fishing, aquatic animals, water harvesting of water facilities without the use of facilities or technical devices and from the cries) Free, unanchored by water facilities by individuals and without appropriate permits.
In order to protect the lives and health of citizens, environmental protection and other predicted legislation has established district and city councils for the representation of a central executive body implementing state policy on development of water, the central authority of the executive branch, which implements state policy in the area of the sanitary and epidemics of the population, regional, Kiev, Sevastopol city administrations, the executive branch of the executive branch Republic of Crimea on Environmental Protection and other state bodies establish places where the purchase is prohibited, swimming by boats, the harvesting of water for drinking or household needs, a watershed animal, and under certain grounds determine other conditions limiting the overall water supply to water. Objects located in their territory. Restrictions on common water use are prohibited, including restrictions on bathing and swimming in boats, amateur and sport fishing, and sealing in the light of the day in relation to coastal defence sites. A strip (a beach area) in the use of legal or physical persons, in addition to the cases prescribed by the law.
Local councils are required to report to the population of established rules restricting general water use.
On the water facilities provided on the lease, the total water supply is allowed on the conditions set by the water user, according to the approval by the body that provided a water object to the lease.
The water user, who took the water object in the lease conditions, is required to prove to the public population conditions, and the established total water restrictions on the water facility, given the lease.
If the user's water or proper board is not set, the overall water supply is recognized as permitted without restrictions.
{Paragraph 47 of the changes in accordance with the Laws No. 1990-III of 21.09.2000 , No. 5456-VI of 16.10.2012 , No. 233-IX of 29.10.2019 }
Special water use is a collection of water from water facilities using structures or technical devices, use of water and dropping pollutants in water objects, including water harvesting and dropping contaminants with reverse waters. with the channels.
Special water usage is carried out by legal and physical persons primarily to meet the nutritional needs of the population, as well as for economic and household, treatment, health, agricultural, industrial, transport, energy, Fisheries (including for aquaculture purposes) and other public and public needs.
Do not belong to special water:
Access of water via hydropower (other than hydropower);
Waste water from water facilities according to the established modes of work to maintain environmental costs in the river and to prevent the emergence of hydrodynamic accidents;
Supply (pumping) water to water users in low-water regions;
Eliminating harmful effects of water (attachment, salestation, superstition);
Use of groundwater to remove useful components;
The removal of water from the interior along with the extraction of minerals;
Performing the cleaning of the rolls of rivers, canals and bottoms of water, building, and dredging and explosive works;
Mineral extraction (except for groundwater) and aquatic plants;
Proclamation of pipelines and cables;
Harvesting and/or use of water in volume up to 5 cubic meters per day other than the one used for the production (included in the composition) of beverages and phasing drinking water;
other works that run without the water fence and the dropping of backwater.
{Article 48 with the changes made under the Laws No. 1990-III of 21.09.2000 , No. 5293-VI of 18.09.2012 , No. 1193-VII of 09.04.2014 , No. 1641-VIII of 04.10.2016 , No. 1830-VIII of 07.02.2017 }
Article 49. Right to special water
A special water supply is paid and is carried out on the basis of permit for special water use.
Permits for special water use is issued by the territorial bodies of the central executive body, which implements state policy in the development of water management.
Issuance (refusal of issuance, redesign, issuing of duplicate, annulment) permission to special water is carried out in accordance with Law of Ukraine "On the permissive system in the sphere of economic activity" in the established Cabinet of Ministers of Ukraine order.
Issuing (redesign, issuance of duplicate, annulment) the permit to the special water supply is made free of charge.
Representation of a legal or physical person, an entrepreneur-an entrepreneur for the application of the recipient (redesign, the recipient of a duplicate, annulment) permission for special water use and relevant documents, as well as the issuing (refusal of the issuance, redesign, the issuance of duplicates, annulment) to her this permission is made in paper or electronic form.
To obtain permission from a special waterway or a physical person, a person is an entrepreneur, referring to the bodies specified in the second article, with a statement added to:
justifying the need for water with a month-long Regulation of water use and water ;
A description and scheme of places of water care and the reduction of backwater;
Regulation of the limit tolerance (gds) of pollutants in water objects with backwater (with a margin of each issue (discount) separately);
approved individual technological standards of use of drinking water (for enterprises and organizations of residential farms, household entities that provide services with district water and/or water supply, Services and organizations);
Copy of the legal documents on water objects (for tenants of water objects).
The specified list of documents is exhaustive.
Issuing or granting a refusal to allow special water permit is carried out over 30 calendar days from the day of the receipt of the statements and documents required for the granting of permission.
The organs, listed in part two of this article, are required within five working days from the day of the receipt of the application for permission to send a copy of the relevant documents to the special waterway:
in the case of the use of groundwater-to the central executive body implementing state policy in the sphere of geological study and rational use of the superpower;
in the case of the use of water facilities, taken to the treatment category, to the central body of the executive branch, which provides for the formation and implementation of public health policy.
The central executive body implementing state policy in the sphere of geological study and rational use of the superpower, the central executive body that provides the formation and implementation of state policy in health care, Required within 15 calendar days from the day of receiving copies of the documents to provide an unarmed body, which decides to issue permission to the special water supply, the findings in an electronic form as regards the possibility of its issuance.
The exchange of documents between the executive authorities mentioned in this article is carried out in electronic form. Order established by the central body of the executive branch, which provides the formation of public policy in the sphere of environmental protection.
The bodies specified in part two of this article, during the decision of issuing permission to special water or denial of its extradition, take into account the relevant conclusions of the central executive body implementing state policy in the the sphere of geological study and rational use of the superpower, the central body of the executive branch, which provides for the formation and implementation of public health policy.
In case of an unv during the established line, the central executive body implements state policy in the sphere of geological study and rational use of the superpower, the central body of the executive branch, which provides the formation and Implements state policy in health care, the conclusion of the possibility of issuing permission to a special water supply is thought that the relevant central executive body does not dispute the issuance of such a permit.
The basis for failure in issuing permits to special water use is as follows:
Submission of incomplete package of documents required for permission to be granted, according to the article by this article;
detection in documents issued by the entity or physical entity, untrusted information, inconsistencies of the laws and regulations in accordance with the regulatory legal acts, the long-term projections of water balances;
the negative conclusion of the central executive body implementing state policy in the sphere of geological study and rational use of the superpower, or the central authority of the executive branch, which provides the formation and implementation of public policy in Health care service, on the possibility of special water use.
The basis for the redesign of a permit to a special waterway is to change the naming or location of a legal person or change the name, name, parent, or place of residence of a physical person, an entrepreneur.
The redesign of the permit to the special water supply is carried out by a statement that is added to the permit to be redecorated.
The long-term authorization for special water use is two working days since the announcement of its redesign.
The basis for issuing duplicate permission to a special water supply is its loss or damage.
The issuing of duplicate permission to the special water supply is carried out by a statement within two working days from the day of the announcement of its issuance.
Permission for special water is annulled with the basis defined. Article 55 That's the Code.
In the permit for special water use, the water fence is installed, the use of water and the dumping of contaminants. In the event of a low-water system, these limiths can be reduced by a body that has issued a permit, without the permission to permit special water use.
Form of permit for special water use and statements for its acquisition, as well as a form of normative calculation of water use and water supply is approved by the central executive body, which ensures the formation of public policy in the sphere of environmental protection.
{Article 49 of the changes made under the Laws No. 1990-III of 21.09.2000 , No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 , No. 1193-VII of 09.04.2014 , No. 1472-VIII of 14.07.2016 ; in the drafting of the Law No. 1830-VIII of 07.02.2017 }
Article 50. Special Water Lines
Special waterway lines are established by authorities who have issued permission to special water use.
Special water use may be short-term (for three years) or long-term (three to twenty-five years).
In the case of the need for special water lines, a period of no longer than short-term or long-term water use may be required.
The continuation of the construction of special water bodies by the troublesome of water-users is carried out by the state authorities who have issued permission for special water use.
{Article 50 of the changes made under the Act No. 1472-VIII of 14.07.2016 }
Article 51. Use of water facilities on rental conditions
In use on loan conditions for fisheries needs, cultural and treatment, treatment, recreational, sports and tourist purposes, conducting research works may be provided to reservoirs (except for the reservoirs of the holistic destination), rates, lakes and closed natural bodies of water.
It is not subject to transfers to the transfer conditions for the fisheries needs of the water facilities, which:
located within the territories and facilities under protection according to the Law of Ukraine "Nature Reserve Fund of Ukraine".
Water facilities are provided under the contract of land rental in a complex with a water object located in the order defined by the land legislation of Ukraine. The right to lease the land to a water site is spread to such a water object.
Water facilities are provided under the terms of lease by organs carried by the disposal of land areas under water (water space) according to the authority defined by the Land Code of Ukraine according to the lease agreement agreed with the central body of the executive branch, which implements state policy in the field of water.
Provision of water facilities to use on the lease is carried out in the presence of a water passport. The procedure for the development and form of the passport is approved by the central executive body, which ensures the formation of public policy in the area of environmental protection.
Water facilities are provided under lease conditions without the limitations of the law of common water, except in the cases defined by the law.
The tenants of the water facility are obliged to predict the place for free provision of the rights of citizens to total water (bathing, boats, amateur and sport fishing, etc.).
In order of these sites, the advantage is given to traditionally located places of mass recreation.
Within localities, there is forbidden to limit any species of common water, except in the cases defined by law.
The prohibition of common water use by water facilities, provided for rent conditions, and their non-target use is the basis for the termination of the lease contract.
Default Contract The rents of the land in the complex with the water object is approved by the Cabinet of Ministers of Ukraine.
Conditions of the use of water objects, the size of the rent and the terms of the lease agreement are defined in the contract of the lease of the land in the complex with the water object on it.
Methodology The determination of the size of the fee given in the lease of water objects is approved by the central executive body, which ensures the formation of public policy in the sphere of environmental protection.
For use by the water object, the tenant is required to pay rent for a water object and rent a land area under such a water object.
The rental contracts of a water facility are determined to take measures to safeguard and improve the environmental condition of the water facility, the exploitation of reservoirs and ponds according to the central executive body that the Implements state policy in the field of water management, modes of work, and the need for the design of the right to use hydrotechnical facilities.
The transfer of the lease on the right to lease of a water object to other entities is prohibited.
The tenants, which the water object is granted to use on lease terms, are required to provide other water users the ability to exercise special water use in the order set up by this Code, except in cases such as special The water use does not allow the use of a water facility to be leased to the needs defined in the lease agreement. Water users, which are given permission to a special water supply, have the right to drop back water into rented water facilities under conditions that are not above the limits of the limit reduction of pollutant.
The use of water facilities provided for rent is carried out in accordance with the requirements of this Code, Land Code of Ukraine and other legislative acts of Ukraine.
Providing parts of fisheries water facilities, fisheries technology water, aquatoria (water) inland sea waters, territorial sea, exclusive (maritime) economic zone of Ukraine in use for aquaculture purposes are regulated Law of Ukraine "About Aquaculture".
{Article 51 with the changes made under the Laws No. 1990-III of 21.09.2000 , No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 ; in the drafting of the Law No. 5293-VI of 18.09.2012 ; with changes made under the Act No. 963-IX of 04.11.2020 }
{Article 52 is excluded based on the Law of the No. 1990-III of 21.09.2000 }
Article 53. Use of water facilities for air transport needs
The use of water facilities for the needs of air transport is free and without appropriate permission. If necessary, it may be partially or fully prohibited by the Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city councils for the representation of the respective executive authorities of the Autonomous Republic of Crimea, regional, Kiev, Sevastopol city administrations, the central body of the executive branch, implementing state policy in the field of water development, according to the legislation.
{Article 53 with the changes made under the Laws No. 3530-VI of 16.06.2011 , No. 5456-VI of 16.10.2012 }
Article 54. Partial or complete prohibition of using water facilities
The use of water objects that have special state value, scientific or cultural value, as well as those belonging to the systems of the reversible water supply of thermal and nuclear power plants, may be partly or completely prohibited. of the order established by the legislation.
Logging on water is prohibited.
The use of water facilities in the exclusion zone and the unconditional (compulsory) subdivision of radioactive contamination due to the Chernobyl disaster is carried out by the limitations imposed by the Chernobyl disaster. Law of Ukraine "The legal regime of the territory suffered from radioactive contamination in the Chernobyl disaster".
{Paragraph 54 of the changes made under the Act No. 1472-VIII of 14.07.2016 }
Article 55. Reasons for discontinuation of special water rights
The termination of the right of the special waterway is carried out by annulment the permit to the special water supply.
The Authority issuing the permit to the special water supply shall annoy it in the case of:
The request of the water user with the statement on the annulment of the permit to special water use;
Recognition of a water object such that has a special state value, a scientific, cultural or medicinal value;
The termination of a legal entity (merger, accession, division, transformation, elimination), or termination of an entrepreneurial activity of a physical person, the death of a physical person, who received the permission.
An authority issuing a special water permit refers to the administrative court with the application of the application for the application of responding to the annulment of permission from the grounds:
setting the fact of submission in a statement and documents added to it, untrusted information;
Transfer of water to other water users;
The occurrence of the need for the primary satisfaction of the nutritional and household needs of the population;
systematic, for two and more tax (reporting) periods, the non-payment of the collection of special water;
Violations of the conditions of special water and protection of water, which are the central body of the executive branch, implementing state surveillance policies in the area of conservation and rational use of water and reproduction of water resources, previously issued a record of their removal with the provision of sufficient time to eliminate them.
The decision of the authority issued by the permission to annulment the permit to a special water supply is issued by a legal or physical person within five working days from the day of its adoption. In this case, the action will cease after 30 days from the decision of his annulment.
{Paragraph 55 of the changes under the Act No. 1990-III of 21.09.2000 ; in the drafting of the Law No. 1830-VIII of 07.02.2017 }
{Article 56 is excluded based on the Law of the No. 1830-VIII of 07.02.2017 }
Article 57. Damage caused by water users to stop or change the conditions of special water
Water users damages the damage caused by the law or the changing conditions of the special water supply, except when such a termination (alteration of conditions) was made from the fault of the water user itself or by its petition.
The procedure for damages of such damages to water users is established by the Cabinet of Ministers of Ukraine.
Chapter 11: SPECIAL WATER USE TO MEET THE NUTRITIONAL AND HOUSEHOLD NEEDS OF THE POPULATION
Article 58. Requirements for the quality of water used to meet the nutritional and household needs of the population
To meet the nutritional and household needs of the population, water quality is used to meet the quality of the environmental safety and sanitation standards.
{Part of the first article 58 of the changes made under the Act No. 124-IX of 20.09.2019 }
Water users are entitled to require the owner of water (water) information about the quality of drinking water.
In the event of inconsistency of the quality characteristics of these waters, the established environmental safety standards and the sanitary standards of their use are terminated by the decision of the central executive body, implementing state policy in the field of The sanitary and epidemic well-being of the population.
{Part 3 of the third article in accordance with the Law No. 124-IX of 20.09.2019 }
{Paragraph 58 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 59. Centralized water supply
During the exercise of special water use to meet the drinking and household needs of the population in the order of the centralised water supply of the enterprise, institutions and organizations, in the treatment of which are the drinking and household water supply, Produce water harvesting directly from water objects according to approvals in the established order of water projects, regulations of water quality and permits for special water use.
These enterprises, agencies and organizations are required to exercise permanent surveillance of water quality in aqueous facilities, maintain in the proper state of the sanitation area and report the central executive body to implement them. public policy in the field of the sanitary and epidemics of the population, the central executive body, implementing state policy on the exercise of public oversight (control) in the sphere of environmental protection, use, reproduction and conservation of natural resources, central body An executive branch that implements state policy in the development of water management, and local councils on deviations from established standards of water quality.
{Part of the second article 59 of the changes made under the Act No. 124-IX of 20.09.2019 }
On the centralized water waters of groundwater within their deposits and in nearby areas of water, the local network of observable wells must be equipped.
{Article 59 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 60. Non-centralized water supply
While using water for the drinking and household needs of the population in order of non-centralized water, legal and physical persons carry out its collection directly from surface or underground water objects in the general order. Special water use.
Periodic monitoring of water quality used for non-centralized water supply is carried out by the central executive body, implementing state policy in the sanitary and epidemics of the population, according to the report. the expense of water users.
{Article 60 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 61. The use of groundwater drinking water quality
The groundwater of drinking quality must be used primarily to meet the needs of the nutritional and household water supply, as well as the food industry and animal husbandry.
Chapter 12. SPECIAL WATER USE AND USE OF WATER FACILITIES FOR TREATMENT, RESORT AND WELLNESS PURPOSES.
Article 62. Retreating water objects to the category of treatment
Water facilities that have natural treatment properties belong to the treatment category if they are included in the special list.
The list of water facilities assigned to the treatment category, with the reserve of water supplies and their treatment properties, as well as other favorable treatment and prevention conditions, is approved by the Cabinet of Ministers of Ukraine. the authority of the executive branch, which provides the formation of public health policy, the central authority of the executive branch, which provides the formation of public policy in the sphere of geological study and rational use of the interior, central the executive branch, which provides the formation of public policy in the field of Water development.
{Article 62 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 63. Use of water facilities assigned to the Treatment category
Water facilities, assigned in the prescribed order to the category of treatment, are used exclusively in medicinal and health purposes.
Article 64. Order of use in health, recreational and sporting purposes
The use of the waters in the wellness, recreational and sporting targets is carried out in the order of general and special water use.
The use of the waters in the wellness, recreational and sporting targets is set up by the relevant councils in order established by the legislature.
Using water facilities in health, recreational and sporting purposes in the order of general water use may be prohibited or restricted to comply. Article 45 That's the Code.
Chapter 13. SPECIAL WATER AND USE OF WATER FACILITIES FOR THE NEEDS OF THE INDUSTRIES
Article 65. Special water and use of water facilities for agriculture and forestry
The use of the waters for the needs of agriculture and forestry is carried out in order of both general and special water use.
During the irrigation of the agricultural land, water users are required to take measures to prevent the attachment, sewage, salinity and pollution of these lands. The quality of water used to irrigate agricultural land must be responsible for established regulations.
Irrigation of agricultural land waters may be allowed by the regional, Kiev, Sevastopol city government administrations, the executive branch of the Autonomous Republic of Crimea on environmental protection issues. According to the agreement with the central body of the executive branch, which implements state policy in the field of sanitary and epidemics of the population, and the central body of the executive power, implementing state policy in the sphere of veterinary medicine.
Irrigation of agricultural land and dumping of drainage waters in water facilities are carried out on the basis of permit to special water use, which is issued to the owner of irrigated land in the order established by this Code.
During the condemnation of agricultural land, measures to prevent the degradation and wind erosion of these lands, as well as the deterioration of the state of water facilities.
The provisions stipulated by this article are also spread on irrigated and drained land of the forest foundation.
{Article 65 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 66. Special water use and use of water facilities for industrial and hydropower needs
While using water facilities for industrial uses, water users are required to maintain established conditions of special water use, environmental requirements, and take measures to reduce water costs (especially drinking) and discontinuation. Reduction of contaminated return waters by refining the production technologies, water supply schemes and cleaning up of the stitch waters.
The limit consumption of drinking water for industrial needs from communal and departmental water pipelines is set by local councils under the approval of the regional, Kiev, Sevastopol city government administrations, the executive body. The authorities of the Autonomous Republic of Crimea on environmental protection.
In the case of natural disasters, accidents, other extreme situations, and the recost of a water user of established limit water consumption local councils have the right to reduce or prohibit drinking water consumption for industrial needs. Water pipelines and temporarily limit the consumption of it from the departmental watercourses in the interest of the primary satisfaction of the nutritional and household needs of the population.
Hydropower enterprises are required to follow the established rules of operation of reservoirs, modes of accumulation and processing of water reserves, level vibration regimes in the upper and lower beifah and water flow through hydronodes, provided for An established order of free shipping, as well as a pass of fish to the sites of spawning, according to the projects of fishing facilities.
{Article 66 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 67. Use of water facilities for water transport
Rivers, lakes, reservoirs, canals, other waterways, as well as inland sea waters and the territorial sea are inland waterways of common use, except in accordance with the legislation of Ukraine their use with this purpose. Completely or partly prohibited.
The list of inland waterways carried to the category of shipping is approved by the Cabinet of Ministers of Ukraine.
All vessels and other floating vehicles must be equipped with capacitive and other contaminated water, which must be systematically transmitted to special screening facilities for cleaning and dehydration.
It is forbidden to travel to the territorial sea of ships that have not been replaced by an isolated ballast and equipped with tanks and closed phantom systems to collect the water from any origin or installation to clean and disinfect these waters.
{Part of Article 67 of the changes made under the Act No. 124-IX of 20.09.2019 }
The use of water objects for swimming on low-dimensional vessels (wind, motor boats) is permitted with the approval of the regulations set by the Supreme Council of the Autonomous Republic of Crimea, the Cloud, Kiev and Sevastopol city councils for the future. Agreement with the central body of the executive branch, which ensures the formation of public policy in the area of maritime and river transport.
{Changes to Part 5 of Article 67 see in the Law No. 5502-VI of 20.11.2012 }
{Paragraph 67 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 68. Special water usage and use of water facilities for the needs of fish and hunting
On water facilities (their parts), which are used for industrial extraction of fish and other water industry or have value to replicate their reserves, water rights may be limited in the interest of fisheries and water resources. The industry.
The list of industrial sites of fisheries of fisheries (parts of them) is defined by the Cabinet of Ministers of Ukraine.
The water users, provided by fishing water facilities (their parts), are required to carry out measures to improve the environmental status of water facilities and conditions of reproduction of fish reserves and to keep in proper water. The sanitary state of the coastal defence lanes in the sites of the vila fish.
{Part of Article 68 is excluded based on the Law of the No. 1193-VII of 09.04.2014 }
Other issues of using the waters for the needs of fish and hunting farms are regulated Law of Ukraine "On the Animal World", by other acts of legislation.
{Article 68 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 69. The use of water facilities for the typographical needs
Water harvesting for typical needs is carried out from any water facilities without permission from a special water supply in the amount needed to eliminate the fire.
The use of water in any other purpose of water objects specifically designed for the fire needs is prohibited.
The use of water facilities for the typographical needs is carried out by local councils and security agencies.
Chapter 14. REVERSING CONDITIONS IN THE WATER
Article 70. Conditions for dumping of water water in aquatic objects
The waste of water in water is only permitted by the presence of regulations of the limits of permissible concentrations and established regulations.
Water users are required to exercise measures to prevent the dumping of sewage or its termination if they are:
1) can be used in reversible, repeated and sequential water supply systems;
(2) contain valuable waste that can be removed;
3) contain industrial raw materials, reagents, semi-products and end products of enterprises in the amount exceeding the established standards of technological waste;
4) contain substances which are not set to limit permissible concentrations;
(5) exceed the limit permissible amounts of toxic substances and contain infectious diseases;
(6) The reduction of pollutants exceeds the limits of regulations;
7) lead to an increase in the water temperature of a water object by more than 3 degrees Celsius compared to its natural temperature in the summer period;
8) are cubic residues, slams forming as a result of their purification and disinfection.
The dropping of the water supply, using terrain (beams, ponds, careers, etc.), is prohibited.
{Article 70 with the changes made under the Act No. 1990-III of 21.09.2000 }
Article 71. Restriction, temporary ban (stop) or stop dumping of water water in water objects
In the event of a limit of established regulations, the limit reduction of pollutants dropping off the surface water facilities may be limited, temporarily prohibited (stopped) or suspended in the order established by the legislature.
Article 72. Conditions for the dumping of mine, career and mine waters in aquatic objects and the return of the sailing waters of oil and gas fields to underground horizons
Businesses, agencies and organizations that are pumping coal, quarry and mine waters to prevent flooding of mines, careers and mines during mining extraction, are required to implement efficient technology that provide a decline. the level of their mineralization before dropping to aquatic objects, and the enterprises, institutions and organizations that produce oil and gas, return the sailing waters of oil and gas fields to underground horizons.
The conditions for the dropping of these waters and the return to groundwater of the moon-fuel oil fields are set by the regional, Kiev, Sevastopol city government administrations, the executive branch of the Autonomous Region. Republic of Crimea on Environmental Protection.
{Article 72 in the edition of the Law No. 1990-III of 21.09.2000 ; with changes made under the Act No. 5456-VI of 16.10.2012 }
Article 73. Conditions for dropping drainage waters in aquatic objects
Businesses, agencies and organizations that exploit drainage systems to eliminate upscale, care or secondary salinity of irrigated land are required to implement effective technologies to reduce the level of natural and technology. Contamination of drainage waters before dropping them into aquatic objects.
The conditions for the dropping of these waters in the water facilities are set by the regional, Kiev, Sevastopol city government administrations, the executive branch of the Autonomous Republic of Crimea for environmental protection.
{Paragraph 73 in accordance with the Act No. 5456-VI of 16.10.2012 }
Article 74. Industrial contaminated water and technological water
Businesses, agencies and organizations that have the accumulation of industrial contaminated water or mine, quarry waters, are required to implement effective technology for their dehydration and disposal and exercise of land redevelopment, Taken care of these drives.
The dropping of these waters into surface water objects is carried out by the individual regulations agreed with the regional, Kiev, Sevastopol city government administrations, the executive authority of the Autonomous Republic of Crimea on conservation matters. Environment.
The use of technological water bodies (coolers for thermal and nuclear plants, fishing ponds, reposers and others) should be conducted in accordance with the rules and regulations defined in technical projects approved in the established technical system. Law of order.
{Article 74 of the changes in accordance with the Laws No. 5293-VI of 18.09.2012 , No. 5456-VI of 16.10.2012 }
Article 75. The order of burial of pollutants, waste production, waste water in deep underground aquifers and the return of the satellite-to-plastic water of oil and gas deposits to underground horizons
Creation of polygons for burial in deep underground water horizons that do not contain fresh water, contaminants, waste production and water water, including mineralized mine and thermal water forming on the basis of water. The natural waters and not subject to purification of existing methods are permitted in exceptional cases after special research with the permission of the central executive authority implementing state policy in the area of environmental protection. environment, by projects agreed with the central body of the executive branch, which implements government policies in the field of sanitary and epidemics of the population, the central body of the executive branch, implementing state policy in the field of labour protection, and the relevant local council.
The return of the satellite-plastics oil fields to underground horizons is carried out on technology projects agreed with the central executive body implementing state policy in the field of environmental protection. environment, and the central body of the executive power, implementing state policy in the field of sanitary and epidemics of the population.
{Article 75 in the edition of the Law No. 1990-III of 21.09.2000 ; with changes made under the Act No. 5456-VI of 16.10.2012 }
Chapter 15. EXPLOITATION OF WATER SYSTEMS
Article 76. Exploitation of water systems
The operation of water systems (reservoirs, channels and other connected water objects) is regulated by establishing suitable modes for each water object system with respect to the water forecast.
The work regimes of these systems are set by the central executive body, implementing state policy on water development, based on the rules of exploitation of water facilities with regard to environmental requirements and interests of all Water users.
{Paragraph 76 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 77. Reservoirs for reservoirs
The procedure for exploitation of reservoirs is determined by the regulations governing the central body of the executive branch, which implements state policy in water development, for each reservoir separately, and for cascade or water-storage systems. Agreement with the central body of the executive branch, which provides the formation of public policy in the area of environmental protection, and the central body of executive power, which ensures the formation of public policy in the field of sanitary and An epidemic of the well-being of the population.
{Article 77 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 78. Duties of water users who operate the structures of water systems
Businesses, institutions and organizations that exploit water-underground, water-flow, water protection or reservoirs of water systems, are required to follow the established modes of their work and operating regulations.
Article 79. Classification of rivers of Ukraine
Depending on the area of the basin of the river, the rivers are divided into large, medium, and small.
Large ones include rivers, which are located in several geographical areas and have an area of waterbuilding over 50 thousand. Square kilometres.
The city is home to the middle of the river, which has an area of 2 to 50 thousand. Square kilometres.
The small ones belong to the river with an area of up to 2 thousand. Square kilometres.
To determine the array of surface and groundwater, the rivers of Ukraine are subdivided by types according to the methods of determining the array of surface and groundwater.
A classification of rivers of Ukraine is not defined in this article to determine the arrays of surface and groundwater.
{Article 79 of the changes under the Act No. 1641-VIII of 04.10.2016 }
Article 80. Use of small rivers
In order to guard the waters of small rivers, it is prohibited:
2) destroy the rubble of overflowing rivers, streams and waterfalls;
3) straighten the steering of the rivers and absorb their bottom below the natural level, or to cover them without the use of harners, spaces or aqueducts;
(4) Reduce the natural plant cover and the listerity of the river basin;
5) to dissolve the floodlands and apply to them the means of chemicals;
6) to conduct a condemnation of meliorative work on fenced areas and crops in the upper rivers;
7) provide land areas in rivers of rivers under any construction (except hydrotechnical, hydrometric and linear structures), as well as for gardening and urban areas;
8) carry out other works that can adversely affect or affect the water of the river and the quality of water in it.
Water users and landusers, whose lands are in the river basin, provide comprehensive measures to preserve the waters of rivers and protect them from pollution and ridicule.
Article 81. A set of measures to preserve the water and protect them from pollution
Prior to the complex, the conservation measures of rivers and guards from pollution are:
(1) respecting restrictions in the use of land within the water protected areas, coastal protective lanes, beach areas;
(2) The establishment of specialized river care services, coastal protective lanes, hydrotechnical facilities, and maintenance in due state;
(3) The implementation of the soil-protective system of agriculture with the concourse-meliorative organization of the territory of the voidole;
4) the exercise of agro-technical, agroforestry and hydrotechnical anti-erosion measures, as well as the creation for organized waste of the surface stock of related structures (vodesks, overruns, aqueducts, etc.) during construction and operation Roads, railways and other engineering communications;
4-1) preventing eutrophication and pollution of water objects;
(5) Implementation of water-saving technologies, as well as the implementation of the reservoirs provided by the Water Protection Measures, in institutions and organizations located in the river basin;
6) hydrological monuments of nature.
In order to assess the environmental status of the river basin and to develop measures for rational use and conservation of water and the reproduction of water resources, it consists of a passport in the order defined by the Cabinet of Ministers of Ukraine.
{Article 81 of the changes in accordance with the Laws No. 1641-VIII of 04.10.2016 , No. 711-IX of 17.06.2020 }
Article 82. Regulation of rivers of rivers, creation of artificial bodies
In order to preserve the ecological and chemical state of rivers, the rivers are forbidden to construct a basin of reservoirs and ponds with a total volume exceeding the volume of a river in the estimated low-water year, which is observed once every twenty years.
The creation of rivers and in their pools of artificial water and water-floor structures affecting the natural flow of surface and groundwater is allowed only with the permission of local councils by the agreement with the regional, Kiev, Sevastopol city. State administrations, the executive branch of the Autonomous Republic of Crimea on protection of the natural environment, the central body of the executive power, implementing state policy in the development of water farming, and central the executive body implementing state policy in the field of geological The study and rational use of the interior.
{Article 82 with the changes made under the Laws No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 }
Chapter 17. BORDER WATERS. WATER EFFECTS OF RADIOACTIVE CONTAMINATION
Article 83. Use of border waters
The use of border waters is carried out in a manner determined by the legislation of Ukraine and interstate treaties.
Article 84. Use of radioactive contamination
The use of waters, radioactive contamination, is carried out in accordance with Law of Ukraine "On the legal regime of territory caused by the radioactive contamination of the Chernobyl disaster" and other acts of legislation of Ukraine.
Chapter 18. USING THE LANDS OF THE WATER FUND. WATER AND SANITATION ZONES
Article 85. Use of Water Fund Lands
The provision of the lands of the Water Fund and the termination and termination of the right to use by them is established by land law.
The permanent use of the water fund is provided by the military units of the State Border Service of Ukraine to ensure national security and defence for the construction, equipment and maintenance of engineering and fortification, Border fence, border security, communications, water specialization organizations, other enterprises, institutions and organizations, which have established specialized services for the care of water facilities, coastal defenses Stripes, with stripes of stripping, coastal lanes of waterways, Hydrotechnical support and maintenance in due state.
Under the terms of rental of land areas of coastal protective lanes, the rejection and shore lanes of waterways may be provided to businesses, institutions, organizations, the unification of citizens, religious organizations, citizens of Ukraine, Foreigners and individuals without citizenship, foreign legal persons for the sake of sinocosis, fisheries needs, cultural and recreational, recreational, sports and tourist purposes, and for conducting research activities.
The use of these areas is provided by the requirements for conservation of rivers and bodies of pollution, ridicule and mutiating, and with the enforcement of the rules of architecture planning and sanitary requirements in order to be used. is set up by the Cabinet of Ministers of Ukraine.
{Article 85 of the changes in accordance with the Laws No. 5456-VI of 16.10.2012 , No. 1641-VIII of 04.10.2016 , No. 232-IX of 29.10.2019 }
Article 86. Work on the Land Fund
Facilities include work related to the construction of hydrotechnical, linear and hydrometric structures, engineering and technical and fortification facilities, fence, border signs, border security, communications, bottom and water supply. for shipping, mineral extraction (except sand, galka and gravel in the ruslach of small and mountain rivers), cleaning of the russel of rivers, canals and bottoms, proclamation of cables, pipelines, other communications, as well as paper and geologists. Work.
The sites and order of the completed works are determined according to the projects agreed with the regional, Kiev, Sevastopol city government administrations, the executive authority of the Autonomous Republic of Crimea on conservation matters. the Environment, the central body of the executive branch, implementing state policy in the development of water farming (other than works on land occupied by seas, as well as work related to construction, facilities and equipment) Engineering and Forensics, and the central body of the executive branch, which implements state policy in the sphere of geological study and rational use of the interior.
{Article 86 changes in accordance with the Laws No. 5456-VI of 16.10.2012 , No. 232-IX of 29.10.2019 }
Article 87. Water protected areas
To create a favorable mode of water facilities, prevention of their pollution, ridicule and exhaustion, destruction of plants and animals, and the reduction of the oscillations of the runoff along rivers, seas and around lakes, reservoirs and other bodies are established by the water protected areas.
The water guard zone is protected by the conservation area.
In the area of water protection zones, it is prohibited:
1) the use of resistant and strong pesticide pesticides;
(2) Building of cemeteries, brackets, landlords, filtration fields;
3) dropping uncleaned stitch waters, using terrain (beams, ponds, careers, etc.) as well as in the bed.
In separate cases, sand and gravel may be allowed in the water guard zone outside of the water fund on the dry part of the floodplain, in the prarubisch river, in terms of the agreement with the regional, Kiev, Sevastopol city government administrations, the executive branch of the Autonomous Republic of Crimea on protection of the natural environment, the central body of the executive branch, which implements state policy in the development of water management, and the central body of the executive branch, what implements state policy in the sphere of geological study and the rational the use of the interior.
The outer limits of water protection zones are defined on specially designed projects.
The order to determine the size and limits of the water zones and the regime for the conduct of economic activity in them is set by the Cabinet of Ministers of Ukraine.
The executive committees of the rural, village, urban councils are required to reach a famous population, all the relevant organizations of the decision on the boundaries of water-protected areas and coastal protective lanes, as well as the water-guard regime that operates in these territories.
Control of the creation of water zones and coastal protective lanes, and by holding the regime of use of their territories is carried out by the executive committees of rural, village, city councils and the central executive body. Public policy on enforcement of environmental protection, rational use, reproduction and conservation of natural resources.
{Paragraph 87 of the changes made under the Act No. 5456-VI of 16.10.2012 }
With the purpose of guarding surface water objects from pollution and to the abrasion and preservation of their waters along the rivers, seas and around lakes, reservoirs and other bodies within the water-protected areas are allocated to land areas under coastal defenses.
The coastal defenses are set on the banks of the rivers and around the waterway along the cut of water (in merry times) width:
For small rivers, streams and ponds, as well as rates of less than 3 hectares-25 metres;
for medium rivers, reservoirs on them and ponds greater than 3 hectares-50 metres;
for large rivers, reservoirs on them and lakes-100 meters.
If the steep slopes exceed three degrees, the minimum width of the coastal protective strip is doubled.
Coastal defence lanes are set on land plots of all land categories except for maritime transport land.
The land of coastal defence lanes are in state and communal property and can be used only for the purposes identified by this Code.
Within the boundaries of the existing localities, the coastal defence strip is set with respect to the urban documentation.
Coastal protective lanes within the localities are established according to the complex plans of spatial development of territorial communities, general settlement plans, and in the case of their absence or if designated city-building. The documentation of the limits of such strips is not set, they are determined to be 100 meters wide from the cues of the waters of the seas, the sea bays and the limants, and for other water objects-according to part of the second of this article. The boundaries of coastal protective lanes, beach zones are noted in the documentation of land administration, city-building documentation, and are designated by the executive authorities, local government authorities on the area of information signs. Information about the limits of coastal protective lanes, beach zones are being made to the State Land Cadastre as information about the limitations of land use.
{Part of the eighth article 88 is excluded based on the Law of the No. 711-IX of 17.06.2020 }
Along the seas and around the sea bays and lemons, a coastal protective strip is not less than two kilometers from the water cut.
Within the coastal protective strip of the seas and around the sea bays and lemons, a beach area is established, whose width is determined depending on the landscape-forming activities of the sea, but not less than 100 metres from the water cut, which includes:
The area is located between the line of maximum tide and the line of maximum tide of waves recorded during the strongest storms, as well as the area of the shore, which is periodically flooded with waves;
The coastal areas are composed of sand, gravel, stones, stumpets, sedimentary rocks that formed as a result of sea activity, other natural or anthropogenic factors;
The beach zone is not installed within the coastal protective strip of the seas and around the sea bays and limants on land areas taken to the land of maritime transport, as well as on land areas on which the military and other defence are located. objects, fisheries enterprises.
Using the beach area within the coastal protective strip of the seas and around sea bays and levers is carried out with the approval of the marine environment requirements, coastal protective lane from pollution and ridicule and requirements of the sanitary system. Legislation.
Citizens are provided unhindered and free access to the coast of seas, seaports, lemons and islands in inland sea waters within the beach area, to the banks of rivers, water and islands for general water, other than land. Protected areas, sanitation zones, sanitary and protective zones and areas of special use of land, as well as land areas on which:
Hydrotechnical, hydrometric and linear structures;
Pansionates, rehabilitation facilities, sports, sanatorias and other health and health facilities, children's health camps, which have the appropriate prescribed documents on the building and the failure of relevant activities;
The objects of the nature reserve, objects of cultural heritage.
Restricting the access of citizens in any way (including by putting up a fence or other structures) to the coast of water facilities on land areas of coastal protective lanes, which are administered by legal or physical persons, and To ensure that it is a basis for the termination of the rights of the coastal defence force by the decision of the court.
In the case of granting rights to the beach area, users are obliged to provide a seamless and free passage along the shore of the sea, the sea bay or the liman. Restrictions on any way of passage along the shore, sea or sea coast within a beach zone or by coping for it are grounds for termination of the right to use the beach area by the decision of the court.
Within populated areas, local authorities and local government authorities are allocated and equipped with beach zones for unimpeded and free use.
The islands are set to a regime of limited economic activity, predicted for coastal defence lanes.
The mode of use of the objects and territories of the natural-reserve fund, located within the coastal strip of seas and around sea bays and lemons, is regulated Law of Ukraine "Nature Reserve Fund of Ukraine".
{Article 88 in the edition of the Law No. 2740-VI of 02.12.2010 ; with changes made under the Laws No. 233-IX of 29.10.2019 , No. 711-IX of 17.06.2020 }
Article 89. Limitations of economic activity in coastal protective stripes along rivers, around water bodies and on islands
Coastal defence lanes are a conservation area with a regime of limited economic activity.
In coastal defences along the rivers, around the lake and on the islands is prohibited:
(1) The cultivation of land (except for training of the soil for engaging and iron), as well as gardening and urban areas;
2) storage and application of pesticides and fertilizer;
(3) The setting of summer camps for livestock;
4) construction of any facilities (except for hydrotechnical, navigation, hydrometric and linear, as well as engineering and fortification facilities, fence, border signs, border security, communications), including bases Recreation, dusk, garage and parking;
5) Customs and maintenance of vehicles and equipment;
(6) Waste of debris, nozzles, storage of liquid and solid waste production, cemeteries, rapprochters, filtration fields, etc.;
7) dry vegetation or its residues with a violation of order established by the central executive body, which ensures the formation of public policy in the sphere of environmental protection.
Objects in the coastal protective strip may be operated unless it is violated. It is not suitable for exploitation, as well as those that do not correspond to the established management regimes, are subject to the coastal defence lanes.
In coastal protective lanes, reconstruction, restoration and major repairs of existing facilities are permitted.
{Paragraph 89 of the changes in accordance with the Laws No. 4709-VI of 17.05.2012 , No. 232-IX of 29.10.2019 , No. 1259-IX of 19.02.2021 -entered into action from 17.06.2021, No. 1423-IX of 28.04.2021 }
Article 90. Limitations of economic activity in coastal protective stripes along the seas, seaports and lemons and on islands in inland sea waters
The coastal defense strip along the seas, seaports and limants enters the sanitation zone and can only be used to build military and other defensive objects, objects producing energy through the use of energy. the wind, sun and waves, supply facilities, distribution, transmission (transport) of energy, as well as sanatoriums, children ' s health camps and other health facilities with mandatory centralized water and sanitation, hydrotechnical, Hydrometric and linear structures.
In coastal defences along the seas, seaports and leimas and on islands in inland sea waters, it is prohibited:
1) the application of resistant and strong pesticide pesticides;
2) setting up the polygons of household and industrial waste and accumulation of sewage water;
(3) The provision of visibs for the accumulation of economic and household water volumes more than 1 cubic metre per day;
4) the setting of filtration fields and the creation of other buildings to take and disinfect liquid waste;
5) dry vegetation or its residues with a violation of order established by the central executive body, which ensures the formation of public policy in the sphere of environmental protection.
Within the beach zone of coastal protective lanes, there is forbidden construction of any facilities other than hydrotechnical, hydrometric and linear, as well as engineering and fortifications and fortifications, fence, border signs, border crossings, communication.
{Article 90 of the changes in accordance with the Laws No. 2740-VI of 02.12.2010 , No. 232-IX of 29.10.2019 , No. 1259-IX of 19.02.2021 -entered into action from 17.06.2021}
For the needs of exploitation and protection from pollution, damage and destruction of trunk, inter-host and other channels on irrigation and drainage systems, hydrotechnical and hydrometric structures, as well as water and dams on rivers set of bandwidth logging with a specific mode of use.
The width of the selection lanes and the mode of use are installed on a project that is being developed and approved by water users according to the agreement with the regional, Kiev, Sevastopol city government administrations, the executive body. The Autonomous Republic of Crimea on Environmental Protection and the Central Executive Body, which implements state policy in the development of water management.
Land plots within the renal strip are provided by the central executive body, which implements state policy in water development, and other special needs organizations and can be used by them to create a Water-protected forests, coastal and anti-erosion hydrotechnical facilities, construction of services, production facilities.
{Article 91 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 92. Coastal lanes of waterways
On navigable waterways outside the urban settlements for conducting work related to shipping, coastal lanes are established.
The dimensions of coastal lanes of waterways and their economic activities are determined Article 91 That's the Code.
The procedures for the establishment of coastal lanes of waterways and their use are defined by the Cabinet of Ministers of Ukraine.
Article 93. Sanitary Guard zones
With the purpose of guarding water facilities in areas of water care for a centralized water supply, the treatment and health needs are set up by the sanitary guards, which are divided into the belts of the special regime.
The limits of the sanitary protection zone of water facilities are set by local councils on their territory by agreement with the central executive body implementing state policy in the field of water development, the central body of the executive branch, what implements state policy in the sphere of geological study and rational use of the superpower, the central body of the executive power, implementing state policy in the field of sanitary and epidemics of population, cloud, Kiev, Sevastopol City State administrations, the executive body The Autonomous Republic of Crimea on Environmental Protection.
The regime of sanitary protection zones of water facilities is established by the Cabinet of Ministers of Ukraine.
{Paragraph 93 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Article 94. Protection and use of water facilities taken to Nature Reserve Fund
Water facilities, encased in established laws of order to the areas and facilities of the natural-reserve fund, are protected and used in accordance with the requirements set up Law of Ukraine "Nature Reserve Fund of Ukraine".
At the water facilities, from the nature reserve fund, no activity is prohibited, which is contrary to their intended purpose.
Chapter 20. PROTECTION OF WATERS FROM POLLUTION, RIDICULE AND EXHAUSTION
Article 95. Water protection (water)
All water (water) are subject to pollution from pollution, ridicule, exhaustion and other actions that can worsen water conditions, harm people ' s health, cause reduction of fish reserves and other water-based facilities. The deterioration of the existence of wild animals, habitat loss and other adverse phenomena due to the changes in the physical and chemical properties of water, reducing their ability to natural purification, hydrological and hydrogeological conditions.
The activities of the physical and legal persons who harm the waters (aquatic objects) can be terminated by the decision of the court.
{Paragraph 95 of the changes under the Act No. 997-V of 27.04.2007 }
Article 96. Conditions of placement, design, construction, reconstruction and commissioning of enterprises, structures and other facilities that can affect the state of water
During the placement, design, construction, reconstruction and introduction into the action of enterprises, structures and other facilities, and during the introduction of new technological processes there should be a rational use of water. These include technologies that provide protection of water from pollution, ridicule and exhaustion, prevention of their harmful actions, land protection, attachment or reclamation, and contribute to the preservation of natural conditions and landscapes. how directly in the area of their accommodation and on the watershed area of water objects.
The design and construction of the rectangular systems of the water supply of industrial enterprises is prohibited, except for enterprises that the production technology cannot be transferred to the defense water supply.
It is forbidden to implement projects and other activities without assessing their effects on the state of the water.
Article 97. Conditions of placement, design, construction, reconstruction and introduction into the action of enterprises, structures and other facilities that can affect the state of fisheries
During the placement, design, construction, reconstruction and commissioning of enterprises, structures and other facilities on fisheries facilities are carried out by the activities that provide protection of fish, other aquatic animals and plants and their reproduction.
Prior to the main measures to ensure the conservation and reproduction of fish reserves, water animals and plants are owned equipment by riboprotective devices of reservoirs and other structures according to approved projects, construction of fish fertilifiers, artificial Unreservoirs, ribotransmittals, preparation of the loathing of water and so on.
Article 98. Prohibition of entry into the action of enterprises, structures and other facilities affecting the state of water
1) new and reconstructed enterprises, ceilings, aggregates, communal and other facilities not provided by devices and units of the necessary capacity that prevent pollution and the ridicule of water or their harmful actions, and the necessary measurement. A hardware that carries out the volume of the fence and dropping the water;
2) irrigation and irritable systems, reservoirs and canals-to conduct predicted projects of measures that prevent flooding, flooding, care, salinity and soil erosion, and pollution of groundwater and groundwater pollution. A discount on irrigation systems;
(3) Prevention systems-to the full readiness of the watercourses and other facilities in accordance with approved projects;
(4) Reservoir facilities-free of risk devices and equipped with approved projects of sanitary care facilities;
(5) Hydrotechnical facilities-to the full readiness of the devices for the passing of rations and fish in accordance with approved projects;
6) operational wells on water-without equipping them with water-regulation and control devices.
The flow of water to the implementation of foreseen projects of preparation for the preparation of its lodge is prohibited.
Article 99. Waste dumping in water waste and garbage
It is prohibited from dropping in the water facilities of production, household, radioactive and other types of waste and garbage.
Article 100. Protection of the surface of the watershed and ice cover of water, watercourses, as well as seas, their closures and lemons
Enterprises, institutions, organizations and citizens are forbidden to pollute, mock the surfaces of watershed, ice sheet water, water bodies, as well as seas, their bays and levers of production, household and other waste, garbage, oil, chemical and other pollutants.
Article 101. Protection of water from pollution and ridicule by loss of oil, fuel, chemical, oil and other pollutants
Owners of water transport, pipelines, floating and other facilities on water facilities, and other legal and physical persons are required to provide protection of water from pollution and ridicule due to loss of oil, fuel, chemical, oil and other pollutants.
Article 102. Protection of inland sea waters and territorial seas
Inland sea waters and the territorial sea are banned from dropping vessels and floating tools, platforms and other marine structures and air vessels chemical, radioactive and other harmful substances, as well as radioactive or other waste, materials, etc. Items and debris that can cause sea pollution.
The protection of inland sea waters and the territorial sea from pollution and ridicule is carried out according to rules which is approved by the Cabinet of Ministers of Ukraine, other acts of legislation.
Article 103. Preventing pollution from fertilizers and chemicals
In order to prevent water pollution, forestry enterprises, peasants (farming) and citizens are required to adhere to established storage regulations, transport and use of fertilizers, chemicals. protection of plants and other toxic drugs and substances.
Article 104. Protection of water facilities assigned to the category of treatment
The protection of water facilities, assigned to the category of treatment, is carried out in the order set up for the sanitary care of the resorts.
For the purpose of guarding the water facilities, attributed to the category of treatment, the sanitary care resorts are set with a special regime in the order predicted by the health care legislation.
The dropping of any backwater in water, which is classified into the category of treatment, is prohibited.
Businesses, agencies and organizations that can adversely affect the state of groundwater, especially those that exploit the accumulation of industrial, household and agricultural stoves or waste, must exercise measures to improve. Prevention of groundwater pollution, as well as equip local network surveillance wells to control the quality of these waters.
In the event of uncovering aquifers with groundwater drinking water quality, mining, mining and other work related to searches, intelligence, exploitation of mineral deposits, need to report it in the prescribed order. regional, Kyiv, Sevastopol city government administrations, the executive branch of the Autonomous Republic of Crimea on environmental protection, the central executive body that implements state policy in the field of the geological study and rational use of the interior, and the central body of the executive The authorities are implementing government policies in the field of sanitary and epidemics of the population to take measures to safeguard groundwater from exhaustion and pollution.
All the wells on the water, not suitable for exploitation, abandoned surveillance and search wells on all kinds of minerals, as well as vertical and other mining and exploitation mining and abandoned wells must be eclipsed. I'm sorry.
The liquidation of search engines and the liquidation of the search wells of any destination shall be carried out by organizations that perform search works, and unsuitable and abandoned operational and observation wells and developments. the balance of which they are.
In case of failing to establish the owner of abandoned wells and the development of their liquidation is done by local councils the central executive body, implementing state policy in geological study and rational use. -Yeah. If the exploitation of self-reliant wells is possible, then they are equipped with regulatory devices.
In case of exhaustion of groundwater reserves and in the event of contamination of groundwater, the reasons for which this happened, and for the proposals of the central executive body, implement state policy on enforcement of state surveillance (control) in the area of environmental protection, rational use, reproduction and conservation of natural resources, and the central executive body that implements state policy in geological study and rational use. A supernova, an account of the guilty persons shall be carried out in the form of their reproduction.
{Article 105 of the changes under the Act No. 5456-VI of 16.10.2012 }
Article 106. Conduct of special works on the construction of operational wells on water
Special works on the construction of operational wells on the water are carried out according to project-budget documentation by organizations that have appropriate permits to perform such works.
{Part of the second article 106 is based on the Law of the No. 4220-VI of 22.12.2011 }
Specified documentation agrees in the order set up Law of Ukraine "About the Regulation of Urban Activities".
{Article 106 of the changes in accordance with the Laws No. 3370-IV of 19.01.2006 , No. 5456-VI of 16.10.2012 , No. 1193-VII of 09.04.2014 }
Chapter 21. PREVENTING HARMFUL ACTIONS OF WATER AND ACCIDENTS ON WATER OBJECTS AND THE ELIMINATION OF THEIR EFFECTS
Article 107. Harmful effects of water and measures to prevent and eliminate
1) the effects of the flooding that led to the flooding and upsetting of lands and settlements;
(2) Destruction of the coasts, protective dams and other structures;
(3) superstition, attachment and land salinity caused by increased groundwater due to abnormal water supply during irrigation, water flow from water-sewage systems and the overlap of groundwater flows when placing large Industrial and other buildings;
(4) The condemnation of land caused by the fence of groundwater in the amount exceeding established volumes of water selection;
(5) polluted land in mining areas, and after the end of exploitation of deposits and preservatives;
(6) erosion of the soil, the formation of gulls, landslides and salts.
During the design of water and other facilities, it is possible to take into account the possible harmful effects of water, while in the exploitation of these facilities, measures to prevent it, namely:
1) the involvement and creation of forests on coastal protective stripes, slopes, beams and gullies;
(2) Construction of anti-erosion hydrotechnical facilities, earthwares, waterfalls, protective dams, reservoirs, and watercourses;
(3) The construction of drainage;
(4) Reinforcement of the coasts, etc.
Article 107-1. Plans for managing the risk of flooding
Plans for managing the risk of flooding are being developed for separate areas within the river basin, which have a high risk of flooding.
Plans for managing the risk of flooding are being developed and performed to reduce the potential negative impact of flooding on human life, the environment, cultural heritage, and economic activity.
Plans for managing the risks of flooding are approved by the Cabinet of Ministers of Ukraine.
Order to develop risk management plan for flooding are approved by the Cabinet of Ministers of Ukraine.
Methodology developing maps of threats and risks of flooding and Previous estimate of risk of flooding are approved by the central executive body, which forms the state policy in the field of hydrometeorological activity.
{The Code is supplemented by Article 107-1 under the Law No. 1641-VIII of 04.10.2016 }
Article 108. Emergency measures to prevent disasters caused by harmful effects of water, accidents at water facilities and the elimination of their effects
In the case of the threat of natural disasters associated with harmful waters, local governments to engage businesses, institutions, organizations are required to take urgent measures to prevent this evil, and in the event of immediate elimination of the disaster. In accordance with the legislation of Ukraine.
In emergency situations, on water facilities associated with their pollution, which may be harmful to the health of people and the state of water ecosystems, the enterprise, institution or organization whose fault occurred or who discovered it must immediately start liquidation of its consequences and report the crash of the central executive body to implement state policy in the sphere of geological study and rational use of the superpower, the central executive body implementing state policy in the field of the development of water management, the central executive body that implements Public policy in the field of sanitary and epidemics of population, regional, Kyiv, Sevastopol city government administrations, the executive branch of the Autonomous Republic of Crimea on environmental protection issues and That's right.
The central executive body, implementing state policy on water development, should provide the biovariate functioning of water facilities during floods and floods, predict the spread of the effects of the water industry. and jointly with the relevant councils to exercise measures to ensure the free water supply of the population and industries.
The central executive body, implementing state policy in the field of hydrometeorological activity, is monitoring the development of natural phenomena and provides local councils and executive authorities with the necessary hydrological and hydrochemical functions. Information.
Local councils are required to inform the population of the accident, the natural disaster, their scale, possible environmental security violations and the use of their mitigation measures.
{Article 108 of the changes made under the Act No. 5456-VI of 16.10.2012 }
Section V. DISPUTES ON THE USE AND PROTECTION OF WATER AND CONSERVATION OF WATER RESOURCES. RESPONSIBILITY FOR VIOLATION OF WATER LEGISLATION
Chapter 22. A SOLUTION TO THE DISPUTES ON THE USE AND PROTECTION OF WATER AND THE REPRODUCTION OF WATER RESOURCES
Article 109. Order to review disputes on the use and conservation of water and the reproduction of water resources
Disputes on the use and conservation of water and the reproduction of water resources are seen by the central body of executive power, implementing state policy on the enforcement of environmental protection (control) in the sphere of environmental protection, rational use, reproduction and protection of natural resources, the central body of executive power, implementing state policy in the development of water economy, the central executive body implementing state policy in the field of the geological study and rational use of the interior, local councils, a court or a third court in the order established by the law.
The plaintiffs are the central executive body that implements state policy on public oversight (control) in the area of environmental protection, rational use, reproduction and conservation of natural resources, The central executive body, implementing state policy on the development of water management, is exempt from paying the state government on cases of leaping funds for damages caused by the violations of water legislation.
Disputes on the use and protection of water that arise with other states, as well as between foreigners, individuals without citizenship, foreign legal entities and the owner of the waters, are treated in accordance with the legislation of Ukraine.
{Article 109 of the changes in accordance with the Laws No. 762-IV of 15.05.2003 , No. 5456-VI of 16.10.2012 }
Chapter 23. RESPONSIBILITY FOR VIOLATION OF WATER LEGISLATION
Article 110. Responsibility for violations of water legislation
Violating the water law is a disciplinary, administrative, civil-legal or criminal liability under the legislation of Ukraine.
Water users are exempt from liability for violations of water legislation, if they have arisen as a result of the actions of the unstoppable forces of nature or military action.
Responsibility for violations of the water legislation carry out persons guilty of:
(1) Self-free capture of water facilities;
2) pollution and the ridicule of water;
(3) To violate the regime of economic activities in the water and water resources of the Water Fund;
(4) The destruction of rivers, streams and watercourses or violating the natural conditions of the surface drain during the construction and operation of motorways, railways and other engineering communications;
(5) The commissioning of enterprises, communal and other facilities without charge or devices of adequate power;
(6) Missing conditions of permit or violation of special water regulations;
(7) Self-free hydrotechnical work (construction of ponds, dams, canals, wells);
8) to violate the rules of state accounting for water or resettlement or in the case of non-trust information in the documents of public statistical reporting;
8-1) grazing dry vegetation or its remains with a violation of order established by the central executive body, which provides the formation of public policy in the area of environmental protection, in coastal protective lanes and On the islands
9) damage to the water and hydrometrical structures and devices, disrupting the rules of exploitation and established modes of their work;
10) illicit creation of backwater reduction systems in aquatic objects, a city canalization network or a drain-sewer system and an unauthorized drop of backwater;
11) the use of the land of the water fund not by appointment;
(12) Non-reporting (hiding) information on emergency situations on water facilities;
13) the rejection of (hiding) project documentation and conclusions on the quality of projects of enterprises, structures and other facilities that can affect the state of the water, as well as the acts and conclusions of the commissions who have taken the facility into service;
14) to violate the rules of protection of inland sea waters and the territorial sea from pollution and ridicule;
15) restriction in any way of unimpeded and free access by citizens to the coast of seas, seabirds, lemons and islands in inland sea waters within the beach area, and to the banks of rivers, water and islands for general purpose. Water use, except in the cases prescribed by law.
The legislation of Ukraine may be responsible for other offences regarding the use and protection of water and water resources.
{Article 110 of the changes in accordance with the Laws No. 233-IX of 29.10.2019 , No. 1259-IX of 19.02.2021 -entered into action from 17.06.2021}
Article 111. Damage to water legislation damages
Businesses, institutions, organizations and citizens of Ukraine, as well as foreigners and individuals without citizenship, foreign legal persons are required to reimburse the damages inflicted by the water legislation, in size and order established. Legislation of Ukraine.
Damages caused by water law violations do not free the wine from the gathering for special water supply, as well as the need to take action to eliminate harmful effects.
The enforcement of the perpetrators of water legislation to the responsibility does not release them from the duty of damages inflicted on them due to the violation of water legislation.
Chapter VI. INTERNATIONAL RELATIONS
Chapter 24. INTERNATIONAL TREATIES
Article 112. Application of international treaties
If the international treaty in which Ukraine is involved is established by other norms than those provided by the law of Ukraine, the rules of the international treaty apply.
| President of Ukraine |
(...) (...) |
| Um ... Kyoto |
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