STATE REGISTRATION OF PROPERTY RIGHTS TO LAND-RECLAMATION NETWORKS AND ITS COMPONENT PARTS

Abstract

The scientific article examines the complex process of state registration of rights to land-reclamation networks and its components in the aspect of introduced legislative changes. It is noted about the allocation of agricultural lands, the reorganization of collective agricultural enterprises, which led to an increase in the number of water users, changes in the structure of reclamation networks. Therefore, intra-household reclamation networks were left without an owner. The reasons for the adoption of the Law of Ukraine “On Water User Organizations and Stimulation of Hydrotechnical Land Reclamation” dated February 17, 2022 No. 2079-IX, which contains a number of amendments aimed at regulating the legal position of water user organizations, issues of state registration, state registration of rights to reclamation networks and its components, are indicated. The following stages of acquisition of rights to the land-reclamation network by water user organizations are distinguished: 1) definition of the service territory at the stage of creation of the water user organization; 2) inventory of the reclamation network and its components, entering information into the State Land Cadastre; 3) free transfer of objects of the engineering infrastructure of land-reclamation systems to the ownership of the organization of water users, state registration of property rights. Conclusions were made about the effectiveness of the introduced legislative changes. The updating of legislation in the field of land management provided an opportunity to carry out an inventory of reclamation networks and its parts. In the field of land cadastre management, it provided an opportunity to include information on reclamation networks and its constituent parts in the State Land Cadastre. The norms of the Law of Ukraine “On Water User Organizations and Stimulation of Hydrotechnical Land Reclamation” defined a specialized subject that has the right to acquire ownership of land-reclamation networks and their components with the corresponding infrastructure. As a result, a legal mechanism for acquiring rights to melioration networks and its constituent parts was created from the moment of determining the service territory of the water user organization to the state registration of property rights.