Communities May Gain the Right to Faster Dismantle Ownerless Objects on Rivers

A draft law No. 15390 amending the Civil Code of Ukraine has been registered in the Verkhovna Rada of Ukraine. The document aims to regulate and significantly speed up the procedure for acquiring ownership rights to ownerless real estate objects that obstruct the free flow of rivers, worsen their hydrological regime and morphological conditions, for their subsequent demolition.

Why this is important

The authors explain the need for the bill by the provisions of Ukraine's Water Strategy until 2050, which envisages the restoration of at least 5 kilometers of free river flow annually.

During an inventory in the Ros River basin, 2,053 ownerless real estate objects were identified. Of these, 268 obstruct the free flow of rivers, worsen their hydrological regime and morphological conditions, and require dismantling or elimination.

At the same time, in many cases it is impossible to establish the owner or the entity responsible for maintaining such structures. Because of this, there is no person who can be obliged to dismantle the object or bring it to proper condition, and the current procedure for formalizing ownership rights to ownerless real estate is lengthy and complicates achieving environmental goals. The bill is part of comprehensive changes in the field of water resource management.

What draft law No. 15390 provides

The draft law proposes amendments to Article 335 of the Civil Code of Ukraine, introducing a special procedure for acquiring ownership rights to ownerless real estate objects that obstruct the free flow of rivers.

The specifics of this procedure are defined by government draft law No. 15370 amending the Water Code of Ukraine.

It should be noted that draft law No. 15390 is part of comprehensive changes in water resource management and is derived from government draft law No. 15370, which proposes to supplement the Water Code of Ukraine with a new article "Restoration of Free River Flow."

As reported by еру "Judicial and Legal Newspaper", draft law No. 15370 proposes amendments to the Water Code of Ukraine introducing procedures for inspection, accounting, and decision-making regarding hydraulic structures and other real estate objects that obstruct the free flow (continuity) of rivers, worsen their hydrological regime and morphological conditions. The document also clarifies the competence of authorities to ensure the implementation of river basin management plans, their updates, and regulates restrictions on the rights of water users engaged in special water use.

Article 82-1 of draft law No. 15370 defines the procedure for identifying, accounting, and further disposal of real estate objects that obstruct the free flow (continuity) of rivers, worsen their hydrological regime and morphological conditions.

It is envisaged that the central executive body implementing state policy in the field of water management will conduct inspections of rivers and water fund lands involving authorized bodies in the fields of water resource protection, environment, fisheries, land relations, hydrometeorological activities, as well as local self-government bodies. An annual schedule of such inspections will be approved, taking into account the ecological condition of water bodies, the goals of river basin management plans, and requests from individuals and legal entities.

Based on the inspection results, a protocol will be drawn up and sent to the local self-government body to take measures to establish the owner of the object. If the owner cannot be identified from state registers, the local self-government body will apply within 20 working days for the registration of such an object as ownerless. After that, a corresponding announcement must be published in print media within three days.

If the owner is identified, the local self-government body will notify them of the need to ensure further operation of the object in accordance with the Water Code requirements or, in case of non-compliance, to dismantle (demolish) it. At the same time, if it is established that the object belongs to the inland water transport infrastructure, no further actions will be taken regarding it, and information about such an object will be transferred to the central executive body responsible for state policy in inland water transport.

The document also provides that the methodology for classifying real estate objects as those obstructing the free flow of rivers, worsening their hydrological regime and morphological conditions, will be approved by the central executive body responsible for environmental protection policy.

If within three months after registration of the object its owner is not identified, the object will become municipal property of the territorial community where it is located. After that, the local self-government body will be able to decide on its further operation or dismantling (demolition). It is envisaged that dismantling will be funded from the local budget, international technical assistance, and other sources not prohibited by law.

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