Art. 102 LC RF. The land of the water fund. Categories, use and protection of water fund lands

The Earth is considered the main component of the environment. It is considered as a spatial basis on which various elements of the material world are located. Important elements include water, which is of great importance for the life of modern society.

It is a limited, but at the same time, renewable natural resource. In connection with this remarkable feature, there was a need for the organization and protection of water management lands. What is being done to solve this problem in the 21st century?

Structure of the water fund

When considering the lands of the water fund, it is necessary to say a few words about water bodies. What is meant by this term? The water body is the main element of the water fund. This is a cluster of surface waters within the boundaries of some terrain or groundwater in any bowels possessing the qualities of a water regime.

In any object, except for sites occupied by water, include water protection and coastal zones, underlying rocks, etc. That is why the land of the water fund is not just rivers, seas!

The land of the RF water fund includes all water bodies located on the territory of the state, which is established by Article 7 of the RF VK. They include surface waters, underground and thermal waters, glaciers and snow cover, territorial and marine waters. Consider the structure of the land of the water fund of the Russian Federation.

As can be seen from the diagram, the largest size is occupied by marine and territorial waters. They are 93.4%. The smallest area is covered by surface waters - 0.4%. And meanwhile, it is these objects that are of particular value. These include rivers, lakes and other sources of fresh water.

Legal significance

The legal status of lands is established by the procedure for accounting, organization, monitoring, and protection of land resources, which is regulated by the current legislation of the Russian Federation. The lands of the water fund include the areas occupied by the water bodies, as well as the sites where the various facilities for their maintenance are located.

In other words, the legal regime of the lands of the water fund is characterized by the order of accounting, organization and protection of water resources, which is regulated by the Water Law of the Russian Federation. Important acts include the LC RF, VK RF, Federal Law No.69, FC No. 141.

Water legislation

The main document of the current legislation is the VK RF, which contains information on water bodies. VK RF defines the form of the right of the lands of the water fund, establishes the order of organization and protection of water resources, prescribes preventive measures for violation of the Water Legislation.

Important documents are FZ No. 369 and FZ No. 141, in which amendments are made to the RF LC. In addition, there are many regulations, decrees governing the organization of lands of water resources.

Category Breakdown

The State Land Cadastre of the Russian Federation (GZK) deals with the registration and registration of water bodies. What does the category of water fund lands mean? According to Article 7 of the RF LC, all land resources for their intended purpose are divided into separate parts, which are considered categories. There are seven main categories. Consider the distribution of RF lands by category.

As can be seen from the diagram, the land of the water fund is 1.6%. This fund, according to Art. 102 CC RF, includes the following elements:

1. Surface water.

2. Areas transferred to different facilities that serve water bodies.

All existing water objects of the Russian Federation are subject to cadastral registration and registration in a special register of information, according to art. 79 of the VK RF. These procedures are handled by the State Water Cadastre (GWC). The Fund is under the protection and protection of the state.

GVK is an information, systematized register of information that contains all information about the water resources of the Russian Federation, the main water users and water users. GVK is conducted on a single system based on accounting data.

Cadastral registration

All lands of the RF water fund are subject to cadastral registration regardless of the form of law and purpose. The account is occupied by the GZK and GVK. GZK carries out accounting by category. (The distribution of land by category is discussed above).

All objects permanently occupied by water are subject to cadastral registration. From attention, temporary objects that appear as a result of precipitation or the action of glaciers are excluded. Accounting data is used to register objects in the register of information, to compile various statistical reports, and so on.

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The registration of the lands of the water fund is carried out in a special information automated information register. It contains all the data on water bodies of the Russian Federation.

On the basis of this information, various documentation is filled out, the property right is formalized, the control and supervision of the state of objects is carried out, the disturbed and contaminated objects are detected in a timely manner, etc. This procedure is carried out by the GKK and GVK.

Legal Form

The land of the water fund of the Russian Federation shall be granted ownership and use in accordance with the current Water Legislation. All objects are transferred to the ownership and use of subjects of the Russian Federation, municipal and state organizations, individuals and legal entities under Art. 24.25 of the Russian Federation.

All subjects of the Russian Federation are listed by the Constitution of the Russian Federation. VK RF establishes the procedure for transferring subjects to ownership and use, regulates the conclusion of a contract for water use, determines the amount of payment for the use of the facility, and so on.

Organization of water fund

Rational use of the land of the RF water fund is one of the main problems of the 21st century. Lately, many prospects have appeared to solve it. Consider the organization of the water fund of the Russian Federation.

Water resources are spent for agricultural needs, communal services, for the needs of industry, transport, recreation and sports. As can be seen from the diagram, thermal and nuclear power is considered to be the largest water consumer. They use 49% of consumable reserves.

Legislation establishes the procedure for reserving sources of municipal water supply, regulates the use of facilities for transport needs, determines the rules for the use of facilities for sports and recreation. Water management and hydrotechnical zoning of the territory of the Russian Federation is in progress.

Monitoring

Lately, much attention has been paid to monitoring the lands of the water fund. This is due to the growth of industrial production, the reduction of drinking water supplies. Human needs in water resources are growing; Rivers, seas and other objects are polluted, drained, and disappear.

Monitoring of the lands of the water fund carries out supervision of the state of the facilities; Allows to identify contaminated and disturbed water management lands; Timely plan for nature protection and water protection measures.

Security

In the 21st century, environmental protection has become very important all over the world. Protection of land is established by the Land Code of the Russian Federation. Recently, the protection of water resources, which is regulated by the VK RF, FZ No. 242, 257, 282 and other acts, has become widespread.

The water legislation carries out the control of water objects on the part of the subjects of the Russian Federation, state organizations, local self-government bodies; Establishes a list of objects subject to supervision; Determines the measures for calculating the damage caused to the water economy.

The order of the optimal impact on any object is regulated. Normative indicators of water quality are determined. New harmless industrial technologies are applied.

Preventive measure

Persons who violate water legislation are subject to material, administrative, criminal liability if their guilt is proven. The damage caused to water bodies must be compensated in a voluntary and judicial order, according to art. 68, 69 VK RF and other acts.

For example, the liability for the fact of pollution of a water body is:

• For individuals - up to 20 basic units.

• For legal entities - up to 500 basic units.

In the 21st century, much has been done for the rational organization and protection of water management lands. Various water protection measures are carried out, special regulatory acts are issued that control the restoration, renewal and operation of water bodies. Measures of restraint for violation of the Water Law were determined. And the program for the effective use and monitoring of land for water management will be further developed.