Balatskaya N.A. Lectures on the ecology of water objects - file n1.doc. Water objects and their types
Introduction
The GC has provisions to determine both the general signs of real estate objects and an exemplary list of real estate objects.
To real estate (real estate, real estate) land, plots of subsoil, isolated water objects and everything connected with the Earth, i.e. Objects, the movement of which without commensurate damage to their purpose is impossible, including forests, perennial plantings, buildings, structures. Real-statements are also subject to state registration of air and sea vessels, internal navigation vessels, space objects. The law to real estate can be attributed to other property (art. 130 GK). Real estate objects are divided into several features (in detail in the scheme).
Thus, the main signs of real estate are: firstly, a durable connection with the land, secondly, the impossibility of moving the corresponding object without disproportionate damage to its intended purpose. However, the indicated signs are not inherent in all real estate objects. Such objects of real estate include: land plots, subsoil areas and water bodies, which are named in GC and are independent real estate objects.
Russia is among the most secured water resources of the countries of the world. In rivers, lakes, swamps, glaciers and snowflies, as well as in underground waterobjects are concentrated more than 20% of world stocks freshwater. We have water bodies whose uniqueness is recognized worldwide.
The lands that are under water bodies are called the lands of the Water Fund. These are lands engaged in water objects, the land of water protection zones water objects, as well as land allocated to establish lanes of the removal and zones of protection of water intake, hydraulic structures and other water treatment facilities, objects (Art. 102 of the RF RF).
\u003e Water object. Concept
The water object is natural or artificial reservoir, watercourses, or another object, constant or temporarily concentrating water in which has characteristic forms and signs of water regime.
Water objects are sea, oceans, rivers, lakes, swamps, reservoirs, underground water channels, ponds and other places of constant concentration of water on the surface of sushi (for example, in the form of snow cover). Water objects Make up the basis water resources. Many sciences are engaged in the study of water bodies. To study water objects and their mode, hydrological measurement and analysis methods are used. From the point of view of ecology, water objects are environmental systems.
\u003e Classification
Water objects are classified depending on the characteristics of their regime, physico-geographical, morphometric and other features. Despite the fact that the grounds for the classification of water objects are natural, the classification itself is important legal importance, since its legal fate depends on the concepts and types of water facility. It is also of one of the principles of water legislation to regulate water relations depending on the characteristics of the water regime objects, etc. Water objects are divided into:
Superficial;
Internal sea water;
Territorial sea of \u200b\u200bthe Russian Federation;
Underground.
Surface water objects consist of surface waters and lands coated within coastline. Special place is occupied by the protection of surface waters of Russia. Water legislation of Russia regulates relations in the field of use and protection of water bodies in order to ensure the rights of citizens on clean water and a favorable water environment; maintaining optimal water use conditions; the quality of surface and groundwater in accordance with sanitary and environmental requirements; protection of water bodies from pollution, clogging and exhaustion; Preservation of biological diversity of aquatic ecosystems.
According to the Water Code of the Russian Federation, the use of water bodies for drinking and household water supply is a priority. For these water supply, surface and underground water objects should be used for pollution and clogging. It is forbidden to discharge the waste and drainage waters into water objects:
Related to particularly protected;
Located in resort areas, rest areas of the population;
The valuable and especially protected species of fish are in places of spawning and wintering, in habitats of valuable and listed in the Red KNG of animals and plants.
The procedure for the development and approval of standards of maximum permissible harmful effects on water bodies is established by the Government of the Russian Federation.
Surface waters include:
1) seas or their individual parts (straits, bays, including bays, limans and others). According to the generally accepted definition of the sea, part of the world ocean, more or less separated by land or elevations of the underwater terrain and differing from the open part of the ocean with a hydrological regime. In the Water Code of the Russian Federation, under the "sea", the legislator understands the internal marine waters and the territorial seas of the Russian Federation. The internal marine waters of the Russian Federation are water located in the direction of the coast from the source lines, which are measured by the width of the territorial sea of \u200b\u200bthe Russian Federation. Domestic marine waters are an integral part of the territory of the Russian Federation. The territorial seas of the Russian Federation is adjacent to the land area or to the inner sea waters a marine width of 12 maritime miles (FZ dated July 31, 1998 No. 155-FZ "On the inner sea waters, the territorial sea and the adjacent zone of the Russian Federation");
2) watercourses (rivers, streams, channels) are characterized by a constant or time movement of water in line in the direction of the general slope;
3) reservoirs (lakes, ponds, cladding careers, reservoirs) are characterized by a state of slow water exchange;
4) the swamps - the excessly moistened section of the Earth, at which there is an accumulation of an indecomposed organic matter that turns into a peat further into the peat;
5) natural yields of groundwater (springs, geysers);
6) glaciers (moving natural clusters of ice atmospheric origin), snowflies (fixed natural clusters of snow and ice, preserved on ground surface During the whole warm or part).
Underground water facilities are the concentration of water hydraulic bonds in rocks, having boundaries, volume and line of water regime (regulated by law on subsoil). Underground water bodies include:
1) groundwater pools (a totality of aquifers located in depths);
2) aquifers (focusing water in cracks and voids of rocks in hydraulic communication). The classification of aquifer (the first second and other aquifers) is approved by the Russian government of the Russian Federation by the federal executive authority;
3) the groundwater deposit is part of the aquifer, within which there are favorable conditions for the extraction of groundwater;
4) The natural yield of groundwater is the yield of groundwater to land or under water.
All water bodies on the territory of the Russian Federation, with the exception of the territorial sea of \u200b\u200bthe Russian Federation, are inner waters.
Transboundary (border) water bodies. Surface and underground water objects that are denoted by crossed the border of M / in two or more foreign states or on which the state border of the Russian Federation is running, are cross-border (border) water bodies.
Water objects common use - Water objects in publicly available, open.
In the water bodies of common use, general water use is carried out in the manner prescribed by the water code.
Restrictions on the use of general use of public facilities are allowed if it is expressly provided for by the legislation of the Russian Federation.
Water facilities in federal property, as well as separate water bodies that are in municipal property are water-based public objects, if otherwise provided by the legislation of the Russian Federation is not provided for otherwise.
Separate water facilities owned by citizens or legal entities, in the prescribed manner can be used as water bodies only under the conditions for registering this restriction of ownership of separate water bodies in the Unified State Register and remuneration to the owner.
Water objects, which, in accordance with the Water Code, can enjoy a limited circle of persons, are recognized by water bodies that are not consistent with us.
Sushi band along the shores of general use of public facilities (shoreline) is intended for general use. Each in the right (without the use of transport) to use a shoreline for moving and staying in a water area of \u200b\u200bcommon use, including fisheries and swimming facilities. The width of the shoreline can not exceed 20 meters.
Water objects of special use. Water objects that are used by a limited circle of individuals are water bodies.
The provision of water bodies in special use is carried out in the manner prescribed by the water code. The provision of water bodies to special use eliminates them from among the public.
A shoreline and general water use can be installed on water bodies of special use, on the conditions provided for by articles 20 and 88 of the Water Code respectively.
the reservoir was practically in a legal vacuum. The Water Code of the Russian Federation leads the initial point of reference, which allows you to identify surface water objects, and rather their border: for the sea it will be a line of maximum low tide, for the river average water level for several years, etc.
At the same time, a specific procedure for the definition of the coastline in the VK of the Russian Federation is not indicated, and it is especially impossible to determine the boundaries of such water objects like swamps. And although in its legal status, swamps belong to the category of land of the Water Fund, often they are included in the lands of other categories, such as the Forest Fund, or the land of agricultural purposes. And first of all it happened because the boundaries of water bodies were not identified - the swamps. I remind you that the border of the water object is the coastline.
But the coastline is not only the border of the water site, but also the beginning water protection zone, coastal protective strip, General use coastline for many reservoirs and watercourses. A properly defined coastline of the lake or other reservoir makes an ambiguity about the start of the water protection zone and the coastal strip of common use.
Thanks to the recent amendments to the CCA, the Russian Federation now states that the procedure for determining the location of the coastline is established by the Government of the Russian Federation. Moreover, the corresponding government decree (from April 29, 2016 N 377) has already been developed and approved and approved.
Until now, the border of the water facilities in accordance with the requirements of the CC of the Russian Federation was almost not determined. Therefore, the publication of the specified resolution should make a significant contribution to the formation of information about the Water Fund Russian Federation and the boundaries of the water bodies of Russia. The resolution provides for the introduction of information on the boundaries of the water facility State Water Registry. This innovation should greatly increase the importance of data of the state water register, especially with judicial requests.
The resolution indicates the frequency with which the coastlines of water objects are determined, the method of determining, the person who is authorized to determine, the basis for establishment, the basis for clarification. By the way, the clarification of the coastline can be very useful to persons wishing to draw up a site near the water, because the privatization of the general use of general use is prohibited, and the coastline originates from the coastline.
Also in the decision mentioned that information about the coastline is transmitted to the cadastral chamber for setting the water object in the inventory, which in this case is a very useful phenomenon. When filling the state real estate cadastre, information about the coastal lines should go on the dispute crossing the boundaries of land with water bodies. True, according to our forecasts, cadastral registration of aquatic objects (their main part) may not earlier than in 10 years.
Article 5. Surface Water Objects and Underground Water Objects
1. Water objects depending on the characteristics of their regime, physico-geographical, morphometric and other features are divided into:
1) surface water objects;
2) Underground water bodies.
2. To surface water bodies include:
1) seas or their individual parts (sheds, bays, including bays, limans and others);
2) watercourses (rivers, streams, channels);
3) reservoirs (lakes, ponds, flooded careers, reservoirs);
4) swamps;
5) natural yields of groundwater (springs, geysers);
6) Glaciers, Snezhniki.
3. Surface water objects consist of surface waters and lands covered with them within the coastline.
4. Coastline (the border of the water object) is determined for:
1) the sea - according to the constant water level, and in the case of a periodic change in the water level - along the line of maximum popular;
2) rivers, streams, canals, lakes, waterproof career - in the average year of water in the period when they are not covered with ice;
3) Pond, reservoir - according to a normal retaining water level;
4) Swamp - along the border of the peat deposits on the zero depth.
5. Underground water bodies include:
1) groundwater pools;
2) aquifer horizons.
6. The boundaries of underground water objects are determined in accordance with the legislation on the depths.
Comm. Dubovik O.L.
1. general characteristics articles. It is complex in structure, since it consists of six parts, most of which, in turn, include several points. According to its content, the commentated article is not as simple as it may seem at first glance: the development of the meaning of the norms in this case requires not only to understand their legal significance, but also take into account natural-scientific and environmental data. At the same time, the article plays the role of a peculiar addition of Article 1 of the CC of the Russian Federation on general concepts.
It consistently establish signs for which water objects are divided into two groups: surface and underground water objects (part 1); The types of water bodies belonging to the surface, including sea, watercourses, water bodies, swamps, etc., and in relation to some water bodies, their types, such as the sea, and their individual parts are applied to some water bodies, and their individual parts - tides, bays, bays, Limana et al.; The physical content of the concept of "surface water objects" is determined, on which they consist not only from surface waters, but cover the coating by the water of the Earth, however, only within the coastline (part 2). Such a definition generates the need to establish the concept of the coastline, which is devoted to part 3 of the commented article. For this, the legislator chose several criteria that differ in physical, geographic and other indicators (in relation to seas, rivers, streams, channels, lakes and waterproof quarries, ponds, the decisive indicator is the water level calculated by different techniques, and in relation to the swamp - the border of the occurrence peat on zero depth; Part 4 of Art. 5 VK of the Russian Federation). In part 5 of the commented articles, the types of groundwater are indicated: basin groundwater and aquifers (we note that this is one of the unnecessary unceasing to the legislation on the depths of the water code of the water code, although, of course, it has a minimal regulatory value). Part of the sixth commented article is therefore referring to the law on subsoil on the issue of establishing the boundaries of underground water bodies.
2. The objectives of the article, the scope of its action and the addressees of legal prescriptions. The commented article is clearly intended to replenish the definitions, data in Article 1: first, to distinguish the legal regulation against surface and groundwater; Secondly, to determine the criteria and indicators of a natural-scientific nature, which must be constructed and acquire legal significance; Thirdly, to create a legitimate basis for single legal regulation and protection of various spatial, high-quality, environmental and other parameters of aquatic (surface) objects, as well as their boundaries (coastline).
The scope of the 5 norms contained in article 5 is quite extensive, as well as any norm-definitions. The article is designed for all the prescription addresses of the Water Code, since basic information on the types of surface waters, sources of law and the peculiarities of legal regulation against groundwater are initial for all subjects of execution, application, compliance with legal prescriptions.
3. Basic concepts. Mostly, they are naturally scientific, not a legal content. These are terms denoting different kinds Water objects: rivers, sea, swamps, etc. Here it is necessary to take into account a certain disorder between the newly introduced in the water code 2006. Terms and concepts defined, for example, in federal laws on the exclusive economic zone, inland sea waters, the territorial Sea of \u200b\u200bthe Russian Federation, in the Convention on the Law of the Sea 1982, other conventions, etc.
Nevertheless, Article 5 of the Code carries some legal burden: it is limited to legal regulation objects and indicators (see the terms of part 1 of the commented article), which must be taken into account in legal regulation water relations, etc.
4. Communication of the norms of the article with other prescriptions. It is most clearly traced with Article 1 of the VC of the Russian Federation. But in addition to this obvious connection in all cases, when it comes to the use (or protection) of surface or groundwater, it is necessary to take into account their signs: and legally enshrined, and natural geographical. The special connection of the provisions of the commented article is also with the norms of articles, and, in which we are talking about the use of water bodies (it is differentiated in the Tax Code, depending on the type of surface waters and, of course, other indicators), on basin districts and basin councils.
Of course, the classification of water objects given in the commented article matters for other provisions of the Code for water use and the protection of water bodies.
5. Separation criteria (classification) of water bodies. According to the text of article 5, there are several of them:
1) mode. In this case, there is a water, and not legal regime (about the concept of water regime, see
Chapter 1. General
Article 1. Basic concepts used in this Code
For the purposes of this Code, the following basic concepts are used:
1) the water area is a water space within the limits of natural, artificial or conventional boundaries;
2) water farm - activities in the field of study, use, protection of water bodies, as well as preventing and eliminating the negative effects of water;
3) water resources - surface and underground water, which are in water bodies and are used or can be used;
4) the water object is natural or artificial water, watercourses, or another object, permanent or temporary concentration of water in which has characteristic forms and signs of water regime;
5) water regime - change in time levels, consumption and volume of water in the water bodice;
6) Water Fund - a set of water bodies within the territory of the Russian Federation;
8) water user - an individual or legal entity, which is given the right to use the water object;
9) water consumption - water consumption from water supply systems;
11) water system - a complex of water bodies and intended to ensure the rational use and protection of water resources of hydraulic structures;
12) watercraft Plot. - part of the river basin, having characteristics to establish the limits of the fence (seizure) of water resources from the water object and other parameters of the use of the water object (water use);
Change information:
6) the participation of citizens, public associations in solving issues related to the rights to water bodies, as well as their duties on the protection of water bodies. Citizens, public associations have the right to participate in the preparation of decisions, the implementation of which can have an impact on water bodies when using them and protection. State authorities, local governments, business entities and other activities are obliged to ensure the possibility of such participation in the manner and in forms that are established by the legislation of the Russian Federation;
7) equal access to individuals, legal entities to acquire the right to use by water bodies, except for cases provided for by water legislation;
8) Equal access to individuals, legal entities to acquire water facilities, which in accordance with this Code may be owned by individuals or legal entities;
9) regulation of water relations within the borders of the basin districts (basin approach);
10) regulation of water relations depending on the characteristics of the mode of water objects, their physico-geographical, morphometric and other features;
11) regulation of water relations based on the relationship of water objects and hydraulic structures forming the water management system;
12) Publication of water use. Decisions on the provision of water bodies to use and water use agreements should be available to any person, with the exception of information assigned by the legislation of the Russian Federation to the category of limited access;
13) Complex use of water bodies. The use of water bodies can be carried out by one or more water users;
14) the payability of water objects. Use of water bodies is carried out for the fee, except for cases established by the legislation of the Russian Federation;
15) Economic incentives for the protection of water bodies. When determining the fee for the use of water bodies, the costs of water users are taken into account for measures for the protection of water bodies;
16) The use of water bodies in the places of traditional residence of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation for the implementation of traditional environmental management.
Article 4. Relations regulated by water law
1. Water legislation regulates water relations.
2. Property relations related to the turnover of water bodies are determined by civil law to the extent that they are not regulated by this Code.
Article 5. Surface Water Objects and Underground Water Objects
1. Water objects depending on the characteristics of their regime, physico-geographical, morphometric and other features are divided into:
1) surface water objects;
2) Underground water bodies.
2. To surface water bodies include:
1) seas or their individual parts (sheds, bays, including bays, limans and others);
2) watercourses (rivers, streams, channels);
3) reservoirs (lakes, ponds, flooded careers, reservoirs);
4) swamps;
5) natural yields of groundwater (springs, geysers);
6) Glaciers, Snezhniki.
3. Surface water objects consist of surface waters and lands covered with them within the coastline.
4. Coastline (the border of the water object) is determined for:
1) the sea - according to the constant water level, and in the case of a periodic change in the water level - along the line of maximum popular;
2) rivers, streams, canals, lakes, waterproof career - in the average year of water in the period when they are not covered with ice;
3) Pond, reservoir - according to a normal retaining water level;
4) Swamp - along the border of the peat deposits on the zero depth.
Change information:
Federal Law of July 13, 2015 N 244-FZ Article 5 of this Code is supplemented by part 4.1
4.1. The procedure for determining the location of the coastline (border of the water object), cases and frequency of its determination are established by the Government of the Russian Federation. Requirements for the description of the location of the coastline (the boundaries of the water site) are established by the authorized government of the Russian Federation by the federal executive authority.
5. Underground water bodies include:
1) groundwater pools;
2) aquifer horizons.
5.1. The classification of aquifers (first, second and other aquifers) is approved by the authorized government of the Russian Federation by the federal executive authority.
Article 6. Water Objects of General
1. Surface water facilities that are in state or municipal property are water bodies, that is, publicly available water bodies, unless otherwise provided by this Code.
2. Each citizen has the right to access water utilities and free use for personal and household needs, unless otherwise provided by this Code, others federal laws.
3. The use of public art facilities is carried out in accordance with the rules for the protection of people's life on water bodies approved in the manner determined by the authorized federal executive body, as well as on the basis of the rules of use of water bodies established by local self-government authorities for personal and domestic needs.
4. On the water bodies of common use, the fence (withdrawal) of water resources may be prohibited for the purposes of drinking and household water supply, bathing, use of small vessels, water bikes and other technical meansdesigned to relax on water bodies, water, as well as other prohibitions in cases stipulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
5. Information on the restriction of water use in public areas is provided by citizens of local self-government through the media and through special information signs installed along the shores of water bodies. Other ways to provide such information can also be used.
The lane of the Earth along the coastline (the boundaries of the water object) of the public object (coastline) is intended for general use. The width of the coastline of the general use of public objects is twenty meters, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is nothing more than ten kilometers. The width of the coastline of the canals, as well as rivers and streams, the length of which from the source to the mouth is no more than ten kilometers, is five meters.
7. The coastline of swamps, glaciers, snowflates, natural yields of groundwater (springs, geysers) and other water objects provided by federal laws are not determined.
8. Every citizen has the right to use (without the use of mechanical vehicles) coastal stripe Water facilities of general use for movement and stay near them, including for the implementation of amateur and sports fisheries and the moisters of floating funds.
Article 7.1. Water Management Events and Water Protection Activities
1. Water activities and measures to protect water facilities in state or municipal property are carried out by state authorities, local government bodies within their powers in accordance with this Code or persons using water objects in accordance with this Code.
2. Procurement of work on the implementation of water or municipal activities and measures to ensure state or municipal needs for state or municipal needs, local governments are carried out in accordance with the legislation of the Russian Federation on the contract system in the sphere of procurement of goods, works, services for providing state and municipal needs, with the exception of purchases of goods, works and services carried out by legal entities and individualswho are not subject to regulating the specified legislation.
Article 5. Surface Water Objects and Underground Water Objects
1. Water objects depending on the characteristics of their regime, physico-geographical, morphometric and other features are divided into:
1) surface water objects;
2) Underground water bodies.
2. To surface water bodies include:
1) seas or their individual parts (sheds, bays, including bays, limans and others);
2) watercourses (rivers, streams, channels);
3) reservoirs (lakes, ponds, flooded careers, reservoirs);
4) swamps;
5) natural yields of groundwater (springs, geysers);
6) Glaciers, Snezhniki.
3. Surface water objects consist of surface waters and lands covered with them within the coastline.
4. Coastline (the border of the water object) is determined for:
1) the sea - according to the constant water level, and in the case of a periodic change in the water level - along the line of maximum popular;
2) rivers, streams, canals, lakes, waterproof career - in the average year of water in the period when they are not covered with ice;
3) Pond, reservoir - according to a normal retaining water level;
4) Swamp - along the border of the peat deposits on the zero depth.
4.1. The procedure for determining the location of the coastline (border of the water object), cases and frequency of its determination are established by the Government of the Russian Federation. Requirements for the description of the location of the coastline (the boundaries of the water site) are established by the authorized government of the Russian Federation by the federal executive authority.
5. Underground water bodies include:
1) groundwater pools;
2) aquifer horizons.
5.1. The classification of aquifers (first, second and other aquifers) is approved by the authorized government of the Russian Federation by the federal executive authority.
6. The boundaries of underground water objects are determined in accordance with the legislation on the depths.
