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LAW OF UKRAINE

of February 17, 2022 No. 2079-IX

About the organizations of water users and stimulation of hydrotechnical land reclamation

This Law determines legal status of the organizations of water users, procedure for their creation, activities and termination, procedure and conditions of acquisition of rights by them of the rights to objects of engineering infrastructure of intereconomic and intraeconomic meliorative systems, features of operation of meliorative networks of the organizations of water users, the rights and obligations of members of the organizations of water users.

Article 1. Determination of terms

1. In this Law the terms below are used in such value:

1) the channel of the state value - the channel which provides transfer of water to shallow regions and/or interbasin redistribution, and/or intra basin redistribution of water resources;

2) the channel on irrigating and drying systems - the hydraulic engineering construction which provides transportation of water for needs of hydrotechnical melioration;

3) pumping point - the hydraulic engineering construction providing intake of water and its giving in the closed network or network of open channels for needs of hydrotechnical melioration;

4) the organization of water users (further - the organization) - the non-commercial legal entity created by owners and/or users of the parcels of land of agricultural purpose for ensuring use, operation and maintenance of objects of engineering infrastructure of meliorative systems for the purpose of rendering services in hydrotechnical melioration of the parcels of land in the territory of servicing of meliorative network of the organization;

5) services of the organization - the services provided by the organization to water users and which include water intake from irrigation source, its delivery to the water user for hydrotechnical melioration and water drainage;

6) the territory of servicing of meliorative network of the organization (further - the territory of servicing of the organization) - set of the parcels of land (parts of the parcels of land) of agricultural purpose which hydrotechnical melioration can be provided with meliorative network (networks) of the organization;

7) target fee - money or other property returnable or irrevocable contribution of organization member which introduction can be provided by the decision of general meeting of organization members (further - general meeting) for ensuring accomplishment of specific objectives of the organization;

8) organization member - the water user who entered the organization.

2. Other terms are used in this Law in such values:

the terms "hydrotechnical melioration", "meliorative network", "meliorative system", "intereconomic meliorative system", "intraeconomic meliorative system", "water apportionment point" - in the values given in the Law of Ukraine "About land reclamation";

the term "water user" - in the value given in the Water code of Ukraine.

Article 2. Purpose of creation of the organization

1. The organization is created for effective carrying out hydrotechnical melioration on the parcels of land of agricultural purpose included in the territories of servicing of the organization.

2. The organization has no right to perform production, to render services and to perform the works which are not connected with ensuring hydrotechnical melioration except cases of production and realization of collateral products during implementation of the main activities of the organization, the income from which realization is used only for financing of authorized organization activity.

Article 3. Principles of creation and organization activity

1. The organization is created and operates on the principles:

1) voluntariness of organizational membership for water users;

2) opennesses of organizational membership for owners who independently use the parcel of land included in the territory of servicing of the organization, users and the parcels of land transferred to use included in the territory of servicing of the organization;

3) self-government;

4) transparency and availability of information on organization activity;

5) ensuring compliance with the rights and legitimate interests of owners and users of the parcels of land;

6) ensuring compliance with ecological safety in use of land and water resources.

Article 4. Status of the organization

1. The organization is created as not entrepreneurial society.

2. The organization is the non-profitable organization and does not aim at profit earning for its distribution between members.

3. The organization answers for the obligations own means and other property, except the property determined by article 21 of this Law, on its own behalf acquires the property and non-property rights and obligations, can act as the participant of legal procedure.

4. The organization does not bear responsibility according to obligations of the members, and members do not bear responsibility according to obligations of the organization if other is not provided by the contract between the organization and organization member.

Article 5. Creation of the organization

1. Founders and organization members can be persons who have permission to special water use if need of receipt of such permission by the water user is provided by the law, and are:

1) or technical capability of implementation of water use for needs of hydrotechnical melioration exists owners of the parcels of land of agricultural purpose who are not transferred to use and on whom water use for needs of hydrotechnical melioration is performed;

2) (further - users of the parcels of land) on which water use for needs of hydrotechnical melioration is performed or technical capability of implementation of water use for needs of hydrotechnical melioration exists users of the parcels of land of agricultural purpose on the right of lease, the sublease, emphyteusis, permanent use.

The owner of the parcel of land of the agricultural purpose transferred to use under lease of emphyteusis, cannot act as the founder and acquire organizational membership.

2. In case of creation of the organization by owners (users) of the parcels of land whose hydrotechnical melioration on the date of carrying out the constituent assembly is performed the territory of servicing of the organization joins all parcels of land, giving (fence) or water drainage for hydrotechnical melioration of which on the date of carrying out the constituent assembly of the organization is performed with use of one or several points of water apportionment placed on one source of irrigation.

The parcels of land which hydrotechnical melioration is provided with water apportionment point, general for such sites, can be included in the territories of servicing only of one organization.

In case of availability on the date of carrying out the constituent assembly of the organization in the State land cadastre of data on meliorative network the territory of servicing of the organization joins all parcels of land of agricultural purpose which are serviced by such meliorative network, according to data of the State land cadastre.

3. In case of creation of the organization by owners (users) of the parcels of land whose hydrotechnical melioration on the date of carrying out the constituent assembly is not performed due to the lack or stay in idle condition of pumping point or other hydraulic engineering construction constructed (created) for hydrotechnical melioration of such parcels of land the territory of servicing of the organization joins the parcels of land which hydrotechnical melioration according to the information provided according to the procedure, determined by part four of this Article, the central executive body realizing state policy in the field of hydrotechnical land reclamation it is possible to recover in case of capital repairs of the available pumping point (other hydraulic engineering construction) or construction of new.

In case of lack of information on the parcels of land which hydrotechnical melioration can be recovered in case of capital repairs of the available pumping point (other hydraulic engineering construction) or construction new founders independently determine the parcels of land which join in the territory of servicing of the organization.

4. For determination of the territory of servicing of the organization and the list of owners (users) of the parcels of land included in the territory of servicing of the organization data of documentation on land management, the State land cadastre, the State register of the rights to real estate, and also the information provided by the central executive body realizing state policy in the field of hydrotechnical land reclamation, the companies, organizations, the organizations which belong to the sphere of its management, and so forth are used.

The owner (user) of the parcel of land of agricultural purpose which hydrotechnical melioration of the parcel of land is performed has the right to receive from the central executive body realizing state policy in the field of the hydrotechnical land reclamation, the companies, organizations, the organizations belonging to the sphere of its management, data on full name and identification code according to the Unified state register of the companies and organizations of Ukraine other legal entities and surname, name, middle name, registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) other physical persons, provision of services with which he is provided with use of point of water apportionment, which provides hydrotechnical melioration of the parcel of land of such owner and falls within the scope of management of the central executive body realizing state policy in the field of hydrotechnical land reclamation. The central executive body realizing state policy in the field of hydrotechnical land reclamation, the company, organization, the organizations relating to the sphere of its management provide also on the request provided according to this paragraph, data on cadastral numbers of the parcels of land which hydrotechnical melioration is provided with use of the corresponding point of water apportionment, the name of meliorative network which provides hydrotechnical melioration of the corresponding parcels of land, the place of its arrangement, irrigation source in case of availability at them the corresponding data.

The owner (user) of the parcel of land of agricultural purpose which hydrotechnical melioration of the parcel of land is not performed has the right to receive from the central executive body realizing state policy in the field of hydrotechnical land reclamation, data on the territory (parcels of land) on which renewal of hydrotechnical melioration in case of capital repairs of pumping point (other hydraulic engineering construction) or construction new is possible.

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