Naida D. Legal Regime of Artificially Created Land Plots on Land of Water Fund in Ukraine

The dissertation is devoted to the comprehensive and comprehensive study of the legal regime of artificially created land plots on the lands of the water fund in Ukraine. The work contains a theoretical generaliz and a new solution to the scientific problem of determining and content of the legal regime of artificially created land plots on the land of the water fund in Ukraine. The content of scientific works of land, ecological and economic law scholars was analyzed, which allowed to comprehensively study the peculiarities of the legal regime of artificially created land plots on the lands of the water fund in Ukraine and propose author’s approaches to the disclosure of the legal nature of artificially created land plots on the lands of the water fund in Ukraine. It is proved that the legal protection of artificially formed land plots should be based on the concept of permitted use. Such areas should be subject to the special regime of economic activity and nature protection zone in the complex, on the basis of approved regulatory and technical documentation in accordance with the requirements of land and water legislation, with the establishment of specific restrictions on the rights of landowners and landusers, as well as security obligations aimed at the implementation of relevant sub-specific actions to prevent possible adverse effects on the environment. Considering the complex legal nature of the artificially created land plot on the lands of the water fund, the licensing of the creation of the artificial land plot and state control over its use should be carried out by the State Service for Geodesy, Cartography and Cadastre and State Environmental Inspection, in agreement with the State Water Management Agency. In order to improve the legal regulation of the use and protection of artificially created land plots on the lands of the water fund, it is proposed to develop and adopt the law of Ukraine «On artificially created land plots on the lands of the water fund», which would regulate the principles and procedure of creation, use and protection of artificially created land plots on the lands of the water fund, including, within the water area of seaports and river ports, for the needs of construction, complex development, preparation of permits, maintenance procedure, operation, for the deployment of port infrastructure and the proper use and protection of water bodies. The scientifically substantiated recommendations and proposals on the improvement of acts of land and environmental legislation in the sphere of the use and protection of artificially created land plots on land of the water fund in Ukraine are formulated.