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Cherkashyna, M. .
    The concept of “unique water bodies” in the environmental law of Ukraine [Електронний ресурс] = Поняття “унікальні водні об’єкти” в екологічному праві України / M. Cherkashyna // Evropsky Politicky a Pravni Diskurz. - 2023. - Vol. 10, Iss. 3. - P. 39-55. - References : p. 50-55

УДК	349.6:502.51](477)

РУБ DOI: 10.46340/eppd.2023.10.3.2

Аннотация: The article suggests and substantiates the author’s approach to defining the concept of “unique water bodies” in the environmental law of Ukraine. It states that scientific developments in the field of water law terminology, and classification of water bodies are not final, and under current conditions, further development is necessary. After all, the legal regimes of protection, use and reproduction of water bodies depend on the clarification of their types and well-founded characteristics. The interrelation between the concepts: “especially valuable natural objects”, “especially protected natural territories and objects”, “unique natural objects” was studied. It was determined that there is no unified approach to this matter in environmental legislation. In some regulatory acts, the legislator equates the concepts of unique and especially valuable natural objects, others contain provisions according to which unique natural objects are enshrined along with especially valuable ones, but all of them are subject to special legal protection in accordance with the legislation of Ukraine. The article places emphasis on the uniqueness of water bodies because of the legal status of water (water bodies), which, firstly, constitute the national property of the Ukrainian people, and secondly, are a strategic and vital natural resource in the system of ensuring sustainable development and national security of Ukraine. The sharp deterioration of the ecological state of all ecosystems, including water ones, as well as the current ecological situation, which is characterized by an acute shortage and the population’s need for water resources of drinking quality, in today’s conditions put the ecological and social status of water bodies in the first place and demand their isolation corresponding category of water objects. By researching the views of scientists, conducting an analysis of national environmental and other legislation, the essential features of the legal concept of “unique water objects” were determined: 1) location within the territory (of an object) with a special legal status or recognition of a water object directly as an object of international agreement; 2) priority use to meet the needs of drinking and household water supply of the population; 3) exclusive use by the population for medical and recreational purposes; 4) the presence of a diversity of valuable plants, their natural communities, animals and microorganisms (together with their habitats) in the ecosystems of water bodies. It is worth noting that the presence of at least one of the above-mentioned signs is the basis for recognizing a water body as unique. The author’s legal concept of “unique water bodies” was formulated, defining them as natural or artificially created water bodies that have a special ecological and priority social importance for meeting drinking and household needs, and exceptional medical and health-improving value. It points out the importance of preserving the natural biodiversity of water bodies and maintaining the general ecological balance of the natural environment, for which a special legal regime of protection, use, and reproduction is set out with restrictions or prohibitions of activities that do not correspond to the main purpose of the water body and its significance for humans and natural environment. The need to establish a special legal status of unique water bodies, as well as the corresponding legal regimes for their protection, use and restoration, monitoring, control, and entering them into the state water registry is specified. It also emphasizes the need to conduct further scientific development of the concept “unique natural objects” and consolidate the concepts of individual types of unique natural objects in the national environmental legislation, taking into account the peculiarities of their legal regimes.

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