Droval O. Legal Treatment of Water Fund Lands of Ukraine

Based on a system analysis of scientific works and the appropriate Ukrainian regulatory framework, the dissertation presents the results of a conducted comprehensive research of the legal regulation of water fund lands, comprising historical and legal aspects of creation and development of the legislation pertaining to the field, the natural quality and environmental functions of the land category under study with formulation of its main designated purpose; and proposes an author's definition of water fund lands. The specificity of the legal treatment of lands, which are included into the water fund, is discussed with their scientific classification according to different legal criteria. The legal basis for using the land category under research, in particular its legal ownership, leasing, and sustained use of the water fund lands are considered; the specific features and legal grounds for creation and termination of ownership rights, as well as practical problems of land use are elucidated. The legal framework for management of water fund land use and protection in Ukraine has been researched with substantiation of its imperfection due to the lack of a single authority managing lands of the said category. Conceptual areas of water fund land protection have been determined; the specificity of incurrence of liability for violating the laws of use and protection of the land category under study, and principal offences that occur in the sphere under consideration have been explored, and the ways to eliminate the legislative flaws have been suggested.