leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The author reveals key terms of water law — water fund and water objects in context of various relationships. The author discloses correlation of these terms with the concepts of real estate, watersectoral complex; understands said terms through the prism of state surveillance, account and zoning of water fund. Water objects of common usage are also inspected by the author. The following methods of scientific research are used: historic retrospective, comparative analyze and extrapolation. Experience of EU, CIS and other countries is taken into account. The article exposes the views and breakthrough ideas of leading scientists of modern jurisprudence (T. Y. Khabrieva, Yu. A. Tikhomirov, M. M. Brinchuk, S. A. Bogolyubov, O. S. Kolbasov, O. I. Krassov), some representatives of the natural sciences and mass media. Russian water fund is not only a basis of water sector, but also is a permanent basis of all economy. Degradation of quality and reduction of quantity of water resources inevitably would harm the wellbeing of the Russian society. Norms of Soviet and Russian legislation are presented by the author in a critical manner. The author inspects the classification of water objects, which is important for the state water fund. As it is stated in article 5 of Russian Water Code, depending on the features of the regime, geographical, morphometric and other features, water objects have complicated gradation. For the purposes of this article, first of all it is important to divide the surface and underground water objects. According to the article 5 of Russian Water Code, the term “surface water object” includes not only water masses, but also covered land within the coastline. These are the necessary features of surface water objects — connection of land and water. In this regard, a difficult question is attended to as of whether the surface water objects have in their structure real estate.
Keywords: water objects, reservoirs, water fund, state subsoil fund, underground water objects, funds of natural resources, real estate, state water register, water monitoring, water relationships, coastal line of common usage, water usage contracts, schemes of complex usage and protection of water objects, river basins, watersectoral areas, hydrographic zoning, Russian water Strategy.