On November 4, 2020, the Verkhovna Rada of Ukraine adopted a draft law No. 0853 "On Amendments to Certain Legislative Acts of Ukraine Concerning Clarification of the Procedure for Lease of the Bodies of Water Together with Land Plots" ("Draft Law").
The Draft Law provides for several amendments to the Law of Ukraine dated October 6, 1998, No. 161-XIV "On Land Lease", namely:
- Amount of lease payment for the body of water;
- Volume and area of the body of water (water space), including fishery technological reservoirs;
- The list of infrastructure and facilities located on the land plot (if any), their characteristics and condition;
- Obligations of the tenant to implement measures for the protection and improvement of the ecological state of the body of water, operation of reservoirs and ponds, as well as the need to formalize the right to use hydrotechnical structures and the right to special water use;
- Adding a passport of the body of water as an integral part of the lease agreement.
- Timely payment of the rent for the body of water;
- The use of the body of water in accordance with the requirements of the water legislation of Ukraine;
- Non-creation of obstacles in the exercise of the right to general water use and in the exercise of special water use in accordance with the issued permits
The adoption of the Draft Law is associated with a long-term collision between the Land and Water Code, which led to a different practice of acquiring the right to lease a land plot of the water fund and water surface.
At the same time, the provision on the need to issue a passport for the body of water remains quite controversial.
For more information, please contact Asters Counsel Anzhelika Livitska and Senior Associate Bohdan Shmorhun.