Ukraine wants to accelerate the demolition of ownerless structures that block the flow of rivers: what the draft law provides

The Verkhovna Rada of Ukraine has registered draft law No. 15390, which proposes to change the procedure for acquiring ownership of ownerless real estate objects that impede the free flow of rivers, worsen their hydrological regime and morphological conditions.

The document provides for amendments to the Civil Code of Ukraine and should significantly speed up the procedure for transferring such objects to municipal ownership for their subsequent dismantling or proper operation.

Why were the changes necessary

The authors explain the need for the adoption of the draft law by the tasks of the Water Strategy of Ukraine until 2050. The document provides for the annual restoration of at least five kilometers of free flow of rivers.

At the same time, the implementation of these plans is hindered by a significant number of ownerless hydraulic structures and other real estate objects.

In particular, during the inventory in the Ros River basin, 2,053 ownerless real estate objects were identified. Of these, 268 structures impede the free flow of rivers, negatively affect the hydrological regime and morphological conditions and require dismantling or liquidation.

The problem is that in many cases it is impossible to establish the owner or balance holder of such objects. Accordingly, there is no person who could be obliged to dismantle the structure or bring it into proper condition.

The current procedure for registering ownership rights to ownerless real estate is lengthy, which significantly complicates the implementation of environmental projects.

What is provided for by draft law No. 15390

The draft law proposes to amend Article 335 of the Civil Code of Ukraine and introduce a special procedure for acquiring ownership rights to ownerless real estate objects that impede the free flow of rivers.

The features of such a procedure will be determined by the Water Code of Ukraine.

Bill No. 15390 is part of a comprehensive reform in the field of water resources management and is directly related to government bill No. 15370.

The latter proposes to supplement the Water Code of Ukraine with a new article “Restoration of the free flow of rivers”.

Rivers and lands of the water fund will be inspected

Bill No. 15370 provides for the creation of a procedure for identifying and recording hydraulic structures and other real estate objects that impede the free flow of rivers.

The inspection of rivers and lands of the water fund will be carried out by the central executive body that implements the state policy in the field of water management development.

It is planned to involve representatives of the bodies responsible for:

water resources protection;
environmental protection;
fishery;
land relations;
hydrometeorological activities;
local self-government.

A separate survey schedule will be approved annually.

When forming it, the ecological state of water bodies, the goals of river basin management plans, as well as appeals from citizens and legal entities will be taken into account.

An attempt will be made to establish the owner of the object through state registers

A corresponding protocol will be drawn up based on the survey results, which will be transferred to the local government body.

Local authorities will have to take measures to establish the owner of the object.

If the owner cannot be established according to state registers, the local government body must apply for registration of the property as ownerless within 20 working days.

After that, it will be necessary to publish a corresponding announcement in the print media within three days.

An ownerless object will be able to be transferred to the community after three months

One of the key changes is a significant reduction in the period for the transition of ownerless property to municipal ownership.

If within three months after the object is registered, its owner is not identified, the real estate will become the property of the territorial community on whose territory it is located.

After that, the local government body will be able to make a decision on the further fate of the object – to continue its operation or to dismantle or demolish it.

What will happen if the owner is still found

If the owner of the structure is identified, the local government body will notify him of the need to ensure the operation of the object in accordance with the requirements of the Water Code of Ukraine.

In case of failure to comply with the established requirements, the owner will have to dismantle or demolish the structure.

A separate procedure is provided for inland waterway transport infrastructure facilities. If it is established that the structure belongs to such infrastructure, further actions regarding it within the framework of the proposed procedure will not be taken.

Information about the object will be transferred to the central executive body that forms state policy in the field of inland waterway transport.

Who will determine which structures obstruct rivers

The methodology for classifying immovable objects as those that obstruct the free flow of rivers, worsen their hydrological regime or morphological conditions must be approved by the central executive body in the field of environmental protection.

It is on the basis of this methodology that it will be determined whether a specific structure requires dismantling.

At whose expense