Publication date: 09.07.2024
Legal regulation of water resources in Ukraine
Introduction
Water resources are one of the most important natural resources necessary for human life, economic development and maintaining the ecological balance. The legal regulation of water resources in Ukraine is aimed at ensuring the rational use of water bodies, their protection, restoration and maintenance of the ecological state. In this article, we will consider the main principles, regulatory framework and mechanisms of legal regulation of water resources in Ukraine.
Basic principles of legal regulation of water resources
The legal regulation of water resources in Ukraine is based on several basic principles aimed at ensuring their rational use and protection:
Theprinciple of sustainable development. Water resources should be used in a way that does not jeopardize the ability to meet the needs of future generations.
Theprinciple of rational use. Water resources should be used efficiently and economically, with minimal losses and maximum recovery.
Theprinciple of environmental safety priority. When using water resources, it is necessary to ensure environmental safety and preservation of natural ecosystems.
Theprinciple of payment for water use. The use of water resources is carried out on a paid basis, which contributes to the rational use and protection of water bodies.
Theprinciple of pollution prevention. Measures for the use of water resources should provide for the prevention of water pollution and their restoration.
Theprinciple of responsibility. Persons who use water resources are responsible for the preservation and restoration of water bodies, as well as for compensation for damages.
Key regulatory acts
The legal regulation of water resources in Ukraine is based on a number of regulations, among which the key ones are
TheConstitution of Ukraine. The Constitution defines the basic principles of environmental protection and rational use of natural resources, including the right of everyone to a safe environment for life and health and the obligation of the state to ensure environmental safety.
TheWater Code of Ukraine. The Water Code is the main regulatory act governing legal relations in the field of water resources use and protection, and sets requirements for water use and protection of water bodies.
TheLaw of Ukraine "On Environmental Protection". This law defines the legal framework for environmental protection, including water resources, and the rights and obligations of business entities and citizens in this area.
TheLaw of Ukraine "On Drinking Water and Drinking Water Supply". The Law regulates the provision of high-quality drinking water to the population, sets requirements for drinking water supply and protection of drinking water sources.
TheLaw of Ukraine "On Ensuring Sanitary and Epidemic Welfare of the Population". The law regulates the protection of public health from the negative impact of water pollution.
TheLaw of Ukraine "On the Nature Reserve Fund of Ukraine". This law defines the legal framework for the creation, protection and use of the nature reserve fund, which includes water bodies of special environmental value.
TheLaw of Ukraine "On Waste". The law regulates waste management, in particular, the prevention of waste pollution of water bodies.
Mechanisms for legal regulation of water resources
Various legal regulation mechanisms are used in Ukraine to implement environmental policy and ensure the rational use of water resources:
Environmental expertise. The impact of economic activities on water bodies is assessed through environmental impact assessment, which is mandatory for projects that may have a significant impact on water resources.
Licensing and permitting system. Activities related to the use of water resources are subject to mandatory licensing and obtaining of relevant permits, which ensures control over compliance with environmental requirements.
Environmental control. State environmental control is carried out by specially authorized bodies that conduct inspections of compliance with the requirements of the legislation in the field of water use, identify violations and impose sanctions.
Environmental payments and fees. Establishment of environmental payments and fees for the use of water resources and water pollution, which stimulates the rational use and protection of water resources.
Environmental insurance. Introduce environmental insurance to cover possible damage to water bodies caused by accidents or other emergencies.
Environmental education and awareness. Raising environmental awareness of the population through educational programs, seminars, trainings and information campaigns.
International cooperation. Ukraine's participation in international treaties and conventions, cooperation with other states and international organizations to address global environmental issues related to water resources.
International aspects of water resources protection
Ukraine is a party to a number of international treaties and conventions regulating water resources protection. The main international documents include:
Convention on the Protection and Use of Transboundary Watercourses and International Lakes. The Convention regulates cooperation between states in the field of protection and rational use of transboundary water resources.
TheUnited Nations Convention on the Law of the Sea. The Convention establishes a legal framework for the protection and conservation of marine resources and the prevention of marine pollution.
UN Framework Convention on Climate Change. The Convention is aimed at preventing anthropogenic climate change, in particular by reducing greenhouse gas emissions that affect water resources.
Paris Agreement. A global agreement aimed at combating climate change, limiting the increase in global average temperature and strengthening the adaptive capacity of states.
Convention on the Protection of the Black Sea against Pollution. The Convention is aimed at protecting and rationalizing the water resources of the Black Sea and preventing its pollution.
Challenges and prospects for the development of legal regulation of water resources
The legal regulation of water resources in Ukraine faces a number of challenges that need to be addressed and resolved to ensure an effective environmental policy:
Insufficient funding. Lack of financial resources for the implementation of environmental programs and projects, which complicates the implementation of water legislation.
Imperfect legislative framework. There is a need to improve legislation, harmonize it with international standards and requirements, and eliminate gaps and inconsistencies.
Lack of effective control mechanisms. Insufficient effectiveness of state environmental control, the need to increase liability for violations of environmental legislation.
Low level of environmental awareness. Insufficient level of environmental awareness among the population, the need for educational programs and information campaigns to raise awareness of environmental problems and ways to solve them.
Prospects for the development of legal regulation of water resources include:
Increasedfunding. Attracting additional financial resources for the implementation of environmental programs and projects, and establishing water protection funds.
Improvement of the legal framework. Improvement of legislation, harmonization with international standards and requirements, development of new regulations to address current environmental issues.
Strengthening control and responsibility. Strengthening state environmental control, introducing stricter sanctions for violations of environmental legislation, and developing mechanisms to encourage compliance.
Development of international cooperation. Intensify cooperation with other countries and international organizations to address global environmental issues related to water resources.
Raisingenvironmental awareness. Conducting educational programs, seminars, trainings and information campaigns to raise environmental awareness and form an environmental culture.
Conclusion.
The legal regulation of water resources in Ukraine is an important aspect of ensuring environmental safety, conservation of natural resources and sustainable development. It includes the regulatory framework, mechanisms for implementing environmental policy, international cooperation, and measures to raise environmental awareness. Effective legal regulation of water resources contributes to protecting human health, preserving biodiversity and ensuring a high quality of life. Ensuring adequate legislative and institutional support, increasing funding, strengthening control and accountability, and developing international cooperation are key tasks for the further development of environmental policy in Ukraine. This will help ensure sustainable development, water conservation, and environmental quality for present and future generations.
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