Water Code of the Russian Federation of November 16, 1995 Water Code of the Russian Federation documents and registers

Water Code of the Russian Federation– key regulatory document Russia, regulating relations in the field of water use.

Adopted in June 2006, entered into force on January 1, 2007. From the date of entry into force of the new Water Code, it was declared invalid Water Code Russian Federation 1995; Legislative laws are recognized as no longer valid on the territory of the Russian Federation acts of the USSR.

, containing rules governing water relations Before the adoption of the Water Code in 2006, most regions had normative

legal acts

Historical reference

In 1970 in the USSR, for the first time in centuries-old history Russia, the Fundamentals of Water Legislation were adopted USSR and the Union Republics. The Fundamentals confirmed state ownership of water resources, declared the rational use of water bodies, saving water consumption and improving its quality. the main objective water legislation, stated in the Fundamentals, “to actively promote the most effective, scientifically based use of water and their protection from pollution, clogging and depletion.”

In 1972, the Water Code of the RSFSR was adopted, duplicating key provisions Fundamentals of water legislation. The Water Code consisted of five sections, divided into 27 chapters of 113 articles:

The Water Code of the RSFSR contained such new concepts for Soviet legislation as water user, objects And types of water use, free use of water was declared, the rights and obligations of water users were determined, including in matters of water protection, tasks were set state accounting and water use planning.

At the same time, the Water Code of the RSFSR did not define such concepts as water management And water management activities, water resources And water bodies, water consumer And water consumption and others.

In the late 1980s - early 1990s, in the context of the transition from a planned economy to a market economy and the emergence of new problems requiring regulatory regulation related, among other things, to changes political system, there was a need for a large-scale update of Russian water legislation.

In 1995, the Water Code of the Russian Federation was adopted, which established the legal framework for the use and protection of water bodies and legislated the changes that occurred in the regulation of water relations in the late 1980s - early 1990s.

The new Water Code consisted of three parts: General, Special and Final, including 6 sections, divided into 15 chapters, consisting of 148 articles:

• a common part
  • Section 1. General provisions.
  • Section 2. Ownership and other rights to water bodies.
  • Section 3. State administration in the field of use and protection of water bodies.
  • Section 4. Use and protection of water bodies.
  • Section 5. Resolution of disputes regarding the use and protection of water bodies and liability for violation of the water legislation of the Russian Federation.
• Special part
  • Section 6. Intended use water bodies.
• Final part.

A feature of the new Water Code was the provisions on the assignment of water legislation to the joint jurisdiction of the Russian Federation and its constituent entities, mandatory licensing of water use and the conclusion of a water user agreement with the authority executive power, ownership rights to water bodies. Paid payment was declared water resources.

The Water Code of 1995 formulated such concepts as water And water, water resources And water body, water management activities And water management facility and others that were absent from the Water Code of the RSFSR. However, here too there were no such concepts as water management And water management system, water use agreement and others.

During the validity of the Water Code of 1995, a number of reforms were carried out in the field of water resources management, and changes occurred in legislation in the field federal relations And local government, financial legislation.

There is an urgent need to correct the shortcomings of the Water Code and bring it into compliance with federal legislation.

1.4. Advantages and disadvantages of introducing the new Water Code of the Russian Federation The first Water Code of the RSFSR was adopted on June 30, 1972 - it personified the progress of Russian water law at that stage. Almost everything in its content was new at that time: the concept of “water body” and legal category “water”, classification of types of water use and licensing procedure for granting the right to use specific water bodies, priority of household and drinking water use and comprehensive protection of water from pollution, clogging and depletion. The system of water legal relations, which developed on the basis of the Water Code of the RSFSR of 1972, fit into common system environmental legal relations
In Russian federation. rational use and water protection not only were not removed from the agenda, but also became even more relevant and complex. There was a need to bring water legislation into line with the changed conditions, and at the same time the need to improve some of its provisions. In practice, this led to the need to publish a new Water Code of the Russian Federation dated November 16, 1995 No. 167-FZ (hereinafter referred to as the 1995 Water Code of the Russian Federation).

It provided for ownership rights to water bodies and more detailed regulation permitting procedure water use, a combination of administrative and contractual methods legal impact on water relations, legitimizing the practice of their organization in the main basins of surface waters with the help of relevant agreements, a set of Rules for economic stimulation of the use, restoration and protection of water bodies.

In regulating water ownership relations, a cautious approach to introducing the diversity of its forms and types was notable. No matter how much the euphoria of market relations put pressure on society, water remained a thing that could hardly, in its main part, be completely converted into private property. The legislator then showed more caution than might have been expected and respect for the historical tradition of continuity in law, writing that all those not in municipal property, owned by citizens and legal entities water bodies belonged to the state.

A step towards market psychology was the indication that ownership of water bodies is determined by general rules civil legislation on objects of civil rights, unless otherwise provided in the Water Code.

The permitting procedure for water use has been used before. In the Water Code of the Russian Federation of 1995, this procedure was presented in all its details and complexities. Even then, one question remained: whether the drafters of the Code had overdone it, or whether super-bureaucracy had formed in the procedures for acquiring the right to use water bodies.

Deepening market relations and further development reforms determined the development in the 21st century. the new Water Code of the Russian Federation, the draft of which was repeatedly discussed in the Ministry of Economic Development of the Russian Federation and the Government of the Russian Federation, in the commissions of the Administration of the President of the Russian Federation and in the State Duma of the Russian Federation. On June 3, 2006, the Water Code of the Russian Federation (hereinafter referred to as the Water Code of the Russian Federation) was signed by the President of the Russian Federation and published on June 8 in Rossiyskaya newspaper, entered into force on January 1, 2007.

Work on the new Water Code of the Russian Federation began in 2003. The present Water Code of the Russian Federation represents the first experience in liberalizing natural resource management.

It is especially important for the legislator to take into account the fact that water is a source of human life support, a product of prime necessity, and therefore it would be wrong to extend commodity-money relations to water volumes. The adopted Water Code of the Russian Federation is aimed at improving water legislation in accordance with the course proposed by the Government of the Russian Federation to increase the rationality and efficiency of the use and protection of water resources. Essential Principles

Such a course is formulated in the 2004 Message of the President of the Russian Federation: federal ownership of water bodies (with the exception of ponds and flooded quarries), the basin principle in the management of water bodies, payment for water use, the priority of drinking and domestic water supply over other purposes. The main innovations of the Water Code of the Russian Federation can be recognized as consolidating the priority of federal ownership of all natural and large artificial native objects while simultaneously expanding the list of water bodies that can be privately owned and changing the conditions of access to the use of water bodies. Special attention

paid to the requirements for the protection of water and water bodies from pollution, clogging and depletion. Despite the rather lengthy development of the RF CC, due to its innovative content and insufficient consideration of the recommendations of scientists and users, the Code is replete with minor and major shortcomings. Too schematically defined economic mechanism ensuring water management activities. There are no guarantees for the allocation of subventions from federal budget

budgets of the constituent entities of the Russian Federation in volumes sufficient to implement the delegated powers and not depending on the volumes of funds received from paid water use. The mechanism and criteria for establishing private ownership of water bodies, as well as the procedure and grounds for transferring water use rights through contractual relations, are not provided. Considering specified circumstances , the Federation Council of the Russian Federation adopted the Supreme Code of the Russian Federation with the condition of guarantees of inclusion in as soon as possible fundamental amendments (on the ban on the transfer to private ownership and for use by third parties of water bodies with and water intake facilities, as well as newly developed provisions to mitigate the above shortcomings). Simultaneously with the entry into force of the RF CC on January 1, 2007, amendments should also come into force. This decision made it possible not to delay work on the VC and to minimize legislative flaws.

A detailed analysis of the new RF Military Code is a matter for the future. Here we can state for now that he has done new step towards the development of entrepreneurship in water relations, the transfer of basic functions and responsibilities in the field of water resource management to their owners, reducing the role of the state in granting water use rights and control over it, expanding contractual principles in the protection and use of water, reducing declarative and administrative command principles.

Maintaining specificity of role regulations and norms government controlled, the division of powers between the Russian Federation, its constituent entities and municipalities in the field of water relations allows us to count on the found optimal form of their legal regulation.

IN legal theory and in practice there is (in the form of “good custom”) a presumption of qualitative superiority of the new law over the old one. In other words, it is assumed that everyone new law should be better than what it replaced. I would like to hope that the third Water Code of the Russian Federation will justify this presumption!

Table 1.1
Comparative characteristics old and new Water Code of the Russian Federation

Analyzing the data presented in table. 1.1, we can say that in comparison with the 1995 CC of the Russian Federation, the list of terms was significantly reduced - from 30 to 19. In particular, they were not included in new edition terms such as “water”, “surface and groundwater”. At the same time, the Military Code of the Russian Federation introduced new concepts

FIRST EDITION OF THE CODE. (without amendments and additions) November 16, 1995 N 167-FZ ___________________________________________________________________ RUSSIAN FEDERATION WATER CODE OF THE RUSSIAN FEDERATION Adopted State Duma October 18, 1995 The Waters are essential component surrounding natural environment, renewable, limited and vulnerable natural resource, are used and protected in the Russian Federation as the basis for the life and activities of the peoples living on its territory, provide economic, social, environmental well-being of the population, the existence of animal and plant life. Relations regarding waters are regulated by this Code by establishing legal framework use and protection of water bodies. GENERAL PART CONTENTS Section I. General provisions Chapter 1. Basic provisions Article 1. Basic concepts Article 2. Water legislation of the Russian Federation Article 3. Objectives of the water legislation of the Russian Federation Article 4. Water legislation of the Russian Federation and norms international law Article 5. Relations regulated by the water legislation of the Russian Federation Article 6. Effect of the water legislation of the Russian Federation in time Chapter 2. Objects of water relations Article 7. Water body Article 8. Types of water bodies Article 9. Surface water bodies Article 10. Surface watercourses Article 11 Surface water bodies Article 12. Features of the rights of owners, possessors and users land plots adjacent to surface water bodies Article 13. Glaciers and snowfields Article 14. Internal sea waters Article 15. Territorial sea of ​​the Russian Federation Article 16. Coastline and coastal strip And internal sea ​​waters territorial sea Russian Federation Article 17. Underground water bodies Article 18. Inland waters Article 19. Transboundary (border) water bodies Article 20. Water bodies common use- participants in water relations Article 26. Water users - participants in water relations Article 27. Water user - citizen Article 28. Water user - legal entity Article 29. Water user using water bodies to meet the needs of water consumers Article 30. Legal capacity and capacity of water users Section II. Ownership and other rights to water bodies Chapter 4. Basic provisions Article 31. Content of the right of ownership to water bodies Article 32. Subject of the right of ownership to water bodies Article 33. Subjects of the right of ownership to water bodies Article 34. Forms of ownership to water bodies Article 35 .right state property to water bodies Article 36. Federal property on water bodies Article 37. Property of the subjects of the Russian Federation Article 38. Issues of ownership, use and disposal of water bodies and those in state ownership Article 39. The right of municipal ownership of isolated water bodies Article 40. The right of ownership of citizens and legal entities to isolated water bodies Article 41. Rights to water bodies of persons who are not owners of water bodies Article 42. The right to long-term and short-term use of water bodies Article 43. Right limited use water body (water easement) Article 44. Types of water easements Article 45. Rights to isolated water bodies Chapter 5. Acquisition and termination of rights to use water bodies Article 46. Grounds for acquiring rights to use water bodies Article 47. Transfer of rights to use water bodies Article 48. Water use license Article 49. Contents of a water use license Article 50. Procedure for issuing, processing, registration of a water use license and administrative license Article 51. Amendments to a water use license Article 52. Administrative license Article 53. Cancellation of a water use license and administrative license Article 54. Agreement for the use of a water body Article 55. Types of agreements for the use of water bodies Article 56. Coordination of the terms of a license for water use and an agreement for the use of a water body Article 57. Mandatory (essential) conditions of an agreement for the use of a water body Article 58. Conclusion of an agreement for the use of a water body in mandatory Article 59. State registration contracts for the use of water bodies Article 60. Termination of rights to use water bodies Article 61. Procedure for termination of rights to use water bodies Chapter 6. Exercise and protection of rights to use water bodies Article 62. Exercise of the right to use water bodies Article 63. Limitation of rights to use water bodies Article 64. Judicial protection rights to use water bodies Section III. State administration in the field of use and protection of water bodies Chapter 7. Fundamentals of public administration in the field of use and protection of water bodies Article 65. Powers of the Russian Federation in the field of use and protection of water bodies Article 66. Powers of the subjects of the Russian Federation in the field of use and protection of water bodies Article 67. Division of powers between bodies state power of the Russian Federation and government bodies of the constituent entities of the Russian Federation in the field of use and protection of water bodies Article 68. Powers of local government bodies in the field of use and protection of water bodies Article 69. Basic principles of public administration in the field of use and protection of water bodies Chapter 8. System of executive bodies authorities of the Russian Federation in the field of use and protection of water bodies Article 70. Executive authorities exercising public administration in the field of use and protection of water bodies Article 71. Federal authorities executive power in the field of use and protection of water bodies Article 72. Executive authorities of the constituent entities of the Russian Federation in the field of use and protection of water bodies Article 73. Specially authorized state body for managing the use and protection of water resources Article 74. Main functions of the specially authorized body government agency management of the use and protection of water resources Chapter 9. Spheres of state administration in the field of use and protection of water bodies Article 75. Water balances Article 76. Schemes integrated use and protection of water resources Article 77. Government programs on the use, restoration and protection of water bodies Article 78. State monitoring water bodies Article 79. State registration of surface and groundwater and state water cadastre Article 80. State examination pre-project and design documentation for the construction and reconstruction of economic and other facilities affecting the condition of water bodies Article 81. State control for the use and protection of water bodies Article 82. Standardization in the field of use and protection of water bodies Article 83. Licensing in the field of use and protection of water bodies Article 84. Government regulation water management activities Section IV. Use and protection of water bodies Chapter 10. Use of water bodies Article 85. Purposes and methods of use of water bodies Article 86. General and special water use Article 87. Special use of water bodies Article 88. Procedure for general water use Article 89. Restriction, suspension or prohibition of use water bodies Article 90. Water use limits (water consumption and water disposal) Article 91. The procedure for providing water bodies for use Article 92. Rights and obligations of water users when using water bodies Article 93. Antimonopoly requirements in the field of use of water bodies Chapter 11. Protection of water bodies Article 94 . General requirements to the protection of water bodies Article 95. Protection of water bodies from pollution Article 96. Protection of water bodies from contamination Article 97. Emergency pollution of water bodies Article 98. Protection of water bodies from pollution and contamination from pollution sources located on land Article 99. Protection of water bodies from pollution and clogging caused by activities at the bottom of water bodies Article 100. Protection of water bodies from pollution and clogging from ships and other means and structures used on the surface of water bodies Article 101. Protection of the ice cover of water bodies, glaciers and snowfields from pollution and clogging Article 102. Protection of drainage areas of water bodies Article 103. Protection of water bodies from pollution by pesticides and others chemicals Article 104. Protection of water bodies from contamination by radioactive and toxic substances(materials) Article 105. Placement, design, construction, reconstruction and commissioning of economic and other facilities affecting the condition of water bodies Article 106. Operation of economic and other facilities affecting the condition of water bodies Article 107. Features of the protection of underground water bodies Article 108. The procedure for conducting work on water bodies and in them water protection zones ah Article 109. Standards for maximum permissible harmful effects on water bodies Article 110. Requirements for environmental releases and regulation of maximum permissible irrevocable withdrawal of surface water Article 111. Water protection zones of water bodies Article 112. Features of the provision of land plots in water protection zones and control over their use Article 113. Use and protection of forests, water protection zones of water bodies Article 114. Protection of water bodies when using subsoil Article 115. Zones and districts sanitary protection Article 116. Emergency zones ecological situation And environmental disaster on water bodies Article 117. Prevention and elimination of the consequences of harmful effects of water Article 118. Specially protected water bodies Article 119. Specially protected water bodies of international importance Article 120. Basin agreements on the restoration and protection of water bodies Chapter 12. Economic regulation of use, restoration and protection of water bodies Article 121. Principles economic regulation use, restoration and protection of water bodies Article 122. Payment for water use Article 123. System of payments related to the use of water bodies Article 124. Payment for the use of water bodies (water tax) Article 125. Payment directed to the restoration and protection of water bodies Article 126. Fee for issuing licenses for water use Article 127. Principles economic stimulation rational use, restoration and protection of water bodies Article 128. Benefits for payments related to the use of water bodies Section V. Resolution of disputes regarding the use and protection of water bodies and liability for violation of the water legislation of the Russian Federation Chapter 13. Resolution of disputes regarding issues of use and protection water bodies Article 129. Procedure for resolving disputes regarding the use and protection of water bodies Chapter 14. Liability for violation of the water legislation of the Russian Federation Article 130. Administrative and criminal liability for violation of the water legislation of the Russian Federation Article 131. Responsibility of citizens and legal entities for causing damage to water bodies objects Article 132. Invalidity of transactions made in violation of the water legislation of the Russian Federation Section VI. Purposeful use of water bodies Chapter 15. Purposes of use of water bodies Article 133. Use of water bodies for drinking and domestic water supply Article 134. Reservation of sources drinking water supply Article 135. Centralized and non-centralized drinking and domestic water supply to the population Article 136. Use of water bodies containing natural medicinal resources Article 137. Use of water bodies for industry and energy Article 138. Use of water bodies for agriculture and forestry Article 139. Use of water bodies for hydropower Article 140. Use of water bodies for fisheries Article 141. Use of water bodies for hunting Article 142. Use of water bodies for transport and timber rafting Article 143. Use of water bodies for recreation Article 144. Use of water bodies for the discharge of waste and drainage waters Article 145. Use of water bodies for mining, construction needs and other work Article 146. Use of water bodies to provide fire safety Chapter 16. Entry into force of this Code Article 147. Entry into force of this Code Article 148. On invalidation of the Water Code of the RSFSR ______________________________________________________________________________ Section I. General provisions Chapter 1. Basic provisions Article 1. Basic concepts The following basic concepts are used in this Code: water is a chemical compound of hydrogen and oxygen that exists in liquid, solid and gaseous states; water - all water located in water bodies; surface water - waters permanently or temporarily located in surface water bodies; groundwater - water, including mineral water, located in underground water bodies; water resources - reserves of surface and groundwater located in water bodies that are used or can be used; water body - a concentration of water on the surface of the land in its relief forms or in its depths, having boundaries, volume and features of the water regime; water regime- changes over time in levels, flow rates and volumes of water in water bodies; water fund- a set of water bodies within the territory of the Russian Federation included or subject to inclusion in the state water cadastre; surface watercourse - a surface water body with continuous movement of water; surface reservoir - a surface water body, which is a concentration of water with slow water exchange in natural or artificial depressions; isolated water body (closed reservoir) - a small and stagnant artificial reservoir that does not have a hydraulic connection with other surface water bodies; benefits from water bodies to meet the material and other needs of citizens and legal entities; use of water bodies (water use) - legally stipulated activity of citizens and legal entities related to the use of water bodies; protection of water bodies - activities aimed at preserving and restoring water bodies; pollution of water bodies - discharge or otherwise entering water bodies, as well as the formation of harmful substances in them, which deteriorate the quality of surface and ground waters, limit the use or negatively affect the condition of the bottom and banks of water bodies; clogging of water bodies - the discharge or otherwise entry into water bodies of objects or suspended particles that worsen the condition and complicate the use of water bodies; water depletion - a steady decline in reserves and deterioration in the quality of surface and groundwater; for the use of water bodies or their parts under certain conditions; management license - a special permit to dispose of the rights to use water bodies in accordance with the established procedure. Article 2. Water legislation of the Russian Federation In accordance with the Constitution of the Russian Federation, the water legislation of the Russian Federation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.