Деякі аспекти правового регулювання земель водного фонду на території України часів Російської імперії
Some aspects of the legal regulation of the water fund lands in Ukraine during the Russian Empire

Summary/Abstract: Nowadays the Ukrainian legal doctrine of law is lackedof adequate analyzes of the legal regime of lands of water fund in its historicalcontext. This issue becomes more urgent with the necessity to interpret the value ofthese categories of land and their effective use. In this regard, it is necessary toanalyze the legislation that had been in force on the territory of modern Ukraine indifferent historical periods, including times of staying under the Russian Empirejurisdiction. And it is important to distinguish the issues relating to the legalregulation of the water fund lands (in its modern sense).Analysis of recent researches and publications. The importance of issuesraised in the article influenced on the choice of the subject, some aspects of whichbeing discussed in the works of such representatives of law of the land science as L.I. Dembo, A. P. Hetman, I. I. Karakash, R. I. Marusenko, A. M. Miroshnichenko, A.A. Pogrebnoy, N. V. Shulga and others.The object of the article is to analyze the legislation of Ukrainian lands duringits staying under the Russian Empire jurisdiction, and also to distinguish the issuesrelating to the legal regulation of the water fund lands (in its modern sense).The main part. The issue of forming of the legal regime of lands ofwater fund (in its modern sense) during Ukrainian lands staying under the RussianEmpire jurisdiction had been examined and as a result, the provisions relating thelegal regulation of this category of land were distinguished. A distinctive feature ofthat period is focus on coastal waters and land protection, the negative influence ofwater control that had been fixed in law for the first time ever.During this period there had been attempts to synthesize water legislation,irrigation and reclamation (drainage and irrigation of land) had actively beendeveloped, the need for common use waters and coastal zones had been recognized.In our opinion, at this time there had been laid the backgrounds for distinguishing oflands of water fund into a separate category for appropriate water bodies’ protection.Conclusions of the research. Based on these considerations, it can be statedthat the period of staying under Russian Empire jurisdiction had a significantinfluence on the formation of legal regulation of land water resources in its modernsense on the territory of Ukraine and it can be distinguished as a separate legal regimeof lands of water fund of Ukraine.

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