Miskevych L. Leasing of land plots of the water fund: civil legal aspects.

The dissertation is devoted to a comprehensive study of modern theoretical and practical problems of civil law regulation of contractual relations for leasing a land plot of a water fund. The author modelled the definition of the land area of the water fund as an object of civil legal relations: the land area on which the water object is located is an individually defined property good that has natural properties of a water-land nature, which determine their legal regime and purpose and are indicated on the features of the implementation and protection of civil legal relations by participants alone or combined rights of ownership, use and disposal of these objects of civil rights. The author proposed to define the water object as one of the natural resources and to consider it in terms of the legal regulation of property relations as a property good, civil rights regarding which arise and are exercised in conjunction with the rights to the land plot on which the water object is located. The author established that the development of relations between the use of water bodies and the dynamics of their legal regulation naturally depended on the socio-economic conditions of the development of society at various historical stages of its formation. Thanks to a deep and systematic scientific and theoretical analysis of the provisions of historical monuments of law, modern legislation and scientific works on the history of the state and law, the author identified three main stages in the development of legal regulation of water use relations. The author found that the registration actions in relation to the water body and the land plot of the water fund, which is transferred for use in conjunction with the water body, are aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and, accordingly, land relations. State registration is subject only to the right of lease in relation to a land plot, and the right of lease of a water body is acquired simultaneously with the acquisition of rights to lease a land plot. Such a legal mechanism for simultaneously acquiring the right to lease both natural resources is due to their natural coexistence and justified from the point of view of law enforcement.