The dissertation is an independent, completed scientific work devoted to the study of the legal regime of water objects classified as therapeutic.
The dissertation work is the first in the science of Environmental Law of Ukraine a comprehensive study of theoretical, legal and practical problems of the use and protection of water objects classified as therapeutic, in which on the basis of the main provisions of environmental, land, as well as water and subsurface law, a scientific analysis of the concept and content of legal relations on the use and protection of water objects classified as therapeutic is carried out, as well as proposals for improving the legal regulation of the studied field of Public Relations.
The author proposed under water objects classified as therapeutic to consider groundwater objects (aquifer), as well as surface water objects (salt lakes, estuaries) of national importance, which have a natural origin and special value, are unique, given the physical and chemical composition of natural healing resources that they are inherent, and used for treatment, medical rehabilitation and disease prevention. The main legal features of water objects classified as therapeutic, which recognize, first of all, the presence of objective special characteristics – the healing properties of such facilities that are favorable for the treatment and prevention of diseases.
The features of water objects classified as therapeutic, according to which these objects: have a natural origin, characterized by natural healing properties, their "filling" are natural healing resources, can be a resort-forming factors, and so on, are identified. It is proposed to define the name of such water objects as "therapeutic water objects", since the term "water objects classified as therapeutic" does not fully reflect the essence of this concept, rather describing the regulative nature of their attributing as such.
It is established that the legal regime of water objects classified as therapeutic is the order of regulation of social relations associated with the use and protection of water objects, which are classified as therapeutic, due to the natural healing properties of these facilities, their importance for social and economic development of the country on the basis of legal means established and provided by the state, aimed at creating the appropriate degree of favorability or unfavorability to satisfy the interests of the corresponding legal subjects and the procedure of their use to achieve the desired result.
The necessity of fixing at the legislative level a special legal regime for the use and protection of water objects, in particular those that are classified as therapeutic, because the legislation of Ukraine is not sufficiently consistent and systematic in regulating the use and protection of water objects classified as therapeutic, and this mainly weakens their legal regime, creates prerequisites for abuse and offenses in this area.
It is argued that water objects classified as therapeutic need enhanced legal protection. Under this concept it is proposed to understand a system of legal norms that provide for a set of measures aimed at preventing pollution, littering, depletion and exhaustion of water objects classified as therapeutic, taking into account their uniqueness and environmental value, ensuring a special regime for the use of these water objects exclusively for therapeutic and recreational purposes, as well as eliminating the consequences of negative impacts and improving the state of the waters of these water objects.
Legal protection of waters as a set of various measures, primarily legal, should be aimed at preventing negative impacts on water objects, thus ensuring a preventive function. Conservation of water objects classified as therapeutic should be associated primarily with the need for all entities involved in their use and protection to fulfil their environmental responsibilities, as well as those responsibilities that are directly related to the rational use and protection of water objects and water objects classified as therapeutic.
The author of dissertation provides additional arguments regarding the consolidation at the legislative level of the principle of priority of protection of water objects and, above all, those that are classified as therapeutic, before their use, which can be carried out both by establishing restrictions or prohibitions for entities using waters (water objects), and by allocating additional rights and obligations that should be subordinated to environmental interests. In addition, the duties assigned to water users to carry out measures for the protection of water objects should correspond to the principles of legality, legitimacy, possibility of implementation, expediency, environmental validity and complexity.
