Art. 102 HK of the Russian Federation. Earth water fund. Categories, use and protection of water fund lands

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 placed. 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, a need arose for organizing and protecting land for water management. What is being done to solve this problem in the 21st century?

land water fund

Water Fund Structure

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 an accumulation of surface water within the boundaries of a certain topography or groundwater in any subsoil with the qualities of a water regime.

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

The land of the water fund of the Russian Federation includes all water bodies located on the territory of the state, which is established by article 7 of the RF CC. These include surface waters, groundwater and thermal waters, glaciers and snow cover, territorial and sea waters. Consider the land structure of the water fund of the Russian Federation.

rivers of the sea

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

Legal value

The legal status of land is established by the 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 water bodies, as well as areas on which various structures for their maintenance are located.

In other words, the legal regime of the lands of the water fund is characterized by the procedure for accounting, organizing and protecting water resources, which is regulated by the Water Law of the Russian Federation. Important acts include the RF Labor Code, the RF VK, Federal Law No. 69, and Federal Law No. 141.

Water legislation

The main document of the current legislation is considered the VK of the Russian Federation, which contains information about water bodies. The VK of the Russian Federation determines the form of land law of the water fund, establishes the procedure for organizing and protecting water resources, and appoints preventive measures for violation of the Water Law.

Important documents are considered to be Federal Law No. 369 and Federal Law No. 141, in which amendments are made to the RF Labor Code. In addition, there are many regulatory acts, decrees regulating the organization of land of the water fund.

Categorization

The State Land Cadastre of the Russian Federation (GZK) is engaged in the accounting and registration of water bodies. What does the category of lands of the water fund mean? According to Article 7 of the RF Labor Code, 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 land of the Russian Federation into categories.

land categories of water fund

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

  1. Surface water.

  2. The areas transferred to various structures that serve water bodies.

All existing water bodies of the Russian Federation are subject to cadastral registration and registration in a special register of information, in accordance with Art. 79 VK of the Russian Federation. The State Water Cadastre (GVK) is engaged in these procedures . The Fund is under the protection and guard of the state.

GWK is an informational, systematic register of information that contains all information about the water resources of the Russian Federation, about the main water consumers and water users. GVK is conducted according to a unified system based on accounting data.

Cadastral registration

All lands of the water fund of the Russian Federation are subject to cadastral registration regardless of the form of law and purpose. GKK and GVK are engaged in accounting. SLC carries out category accounting. (The distribution of land into categories is discussed above).

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

registration

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

legal regime of water fund lands

Based on this information, various documents are filled out, the right of ownership is drawn up, the state of the objects is monitored and supervised, disturbed and contaminated objects are detected in a timely manner, etc. This procedure is carried out by the SLC and GVK.

Legal form

The lands of the water fund of the Russian Federation are provided for ownership and use in accordance with the current Water legislation. All objects are transferred to the ownership and use of the constituent entities of the Russian Federation, municipal and state organizations, individuals and legal entities in accordance with Art. 24.25 VK VK.

All subjects of the Russian Federation are listed by the Constitution of the Russian Federation. The VK of the Russian Federation establishes the procedure for transferring entities into ownership and use, regulates the conclusion of a water use agreement, determines the amount of payment for the use of the facility, etc.

Water Fund Organization

The rational use of land of the RF water fund is one of the main problems of the 21st century. Recently, there have been many prospects for its solution. Consider the organization of the water fund of the Russian Federation.

land use of water resources

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

The legislation establishes a procedure for reserving sources of public water supply, regulates the use of facilities for the needs of transport, determines the rules for using facilities for sports and recreation. Water and hydrotechnical regionalization of the territory of the Russian Federation is being carried out.

Monitoring

Recently, great attention has been paid to monitoring the lands of the water fund. This is due to an increase in industrial production, a decrease in drinking water reserves. Human needs for water are growing; rivers, seas, and other objects become polluted, drained, and disappear.

water bodies of the Russian Federation

Monitoring of the lands of the water fund supervises the condition of the facilities; allows to identify contaminated and disturbed lands of water management; Timely plan environmental and water conservation measures.

Security

In the 21st century, environmental protection has gained great importance throughout the world. Land protection is established by the RF Labor Code. Recently, widespread protection of water resources, which is regulated by the RF VK, Federal Law No. 242, 257, 282 and other acts.

Art. 102 ZK RF

Water legislation exercises control over water bodies from the subjects of the Russian Federation, state organizations, local authorities; establishes a list of objects subject to supervision; defines measures for calculating the harm caused to the water sector.

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

Preventive measure

Persons who violate water laws are subject to material, administrative, criminal liability, if their guilt is proved. Damage caused to water bodies must be compensated voluntarily and judicially, in accordance with Art. 68, 69 of the CC of the Russian Federation and other acts.

For example, 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 land for water management. Various water conservation measures are carried out, special regulatory acts are issued that control the restoration, renewal and functioning of water bodies. Measures of restraint for violation of the Water Law are defined. And the program for the efficient use and monitoring of water management lands will be improved in the future.

Source: https://habr.com/ru/post/E15364/


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