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LAW OF UKRAINE

of February 25, 2026 No. 4795-IX

About modification of some legal acts of Ukraine concerning enhancement of management system objects of engineering infrastructure of meliorative systems

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following legal acts of Ukraine:

1. In the Water code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1995, No. 24, the Art. 189):

1) in Article 16 part one:

in item 4 of the word "and implementation of their interbasin redistribution" shall be replaced with words "and also interbasin redistribution of water resources";

add Item 6 with words "(except the systems and objects providing hydrotechnical land reclamation)";

add Item 11 with words "(except cases of implementation of the specified measures with use of the systems and objects providing hydrotechnical land reclamation)";

Shall be replaced with words 2) in part one of Article 91 of the word of "the main, intereconomic and other channels on irrigating and drying systems" "channels of the state value and channels on irrigating and drying systems".

2. In the Land code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 3-4, 27):

The word "intereconomic" to exclude 1) in Article 83 part four Item "eat";

"ї" parts four of Article 84 of the word "nation-wide and intereconomic" to exclude 2) in Item;

The paragraph of the eighth of Item 3 parts five of Article 186 to state 3) in the following edition:

"on meliorative systems, meliorative networks and other components of meliorative systems, components of meliorative networks - the customer of the corresponding technical documentation";

4) in part one of Article 193 of the word "meliorative networks and components of meliorative networks" shall be replaced with words "meliorative systems, meliorative networks and other components of meliorative systems, other components of meliorative networks";

Words "nation-wide and intereconomic" to exclude 5) in the subitem "d" of Item 24 of the Section X "Transitional provisions".

3. In Item 8 of article 31 of the Law of Ukraine "About collective agricultural enterprise" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 20, Art. 272; 2003, 23, the Art. 146) the word "intraeconomic" to exclude No.

4. The fourth "About transfer of objects of the right of the state-owned and utility property" (Sheets of the Verkhovna Rada of Ukraine, 1998, No. 34, of Art. 228 with the following changes) to state the paragraph to part one of article 7 of the Law of Ukraine in the following edition:

"Water management and hydraulic engineering constructions, objects of engineering infrastructure of meliorative systems (except objects of engineering infrastructure of channels of the state value)".

5. In the Law of Ukraine "About land reclamation" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 11, Art. 90 with the following changes):

Articles 1, of 9, 10 and 11 to state 1) in the following edition:

"Article 1. Determination of terms

In this Law the following terms are used in the following value:

investing program of the operator of objects of engineering infrastructure of the meliorative systems which are in state-owned property (further - investing program), - complex short-term or long-term (for the term of more than one year) the actions directed to increase in level of reliability and ensuring effective functioning of objects of engineering infrastructure of the meliorative systems which are in state-owned property which contains obligations of the operator on new construction, reconstruction, restoration, capital repairs of such objects, improvement of service quality provided by the operator and also the corresponding calculations, reasons for feasibility and efficiency of such actions, sources of their financing and the schedule of accomplishment;

the meliorative network - technologically complete complex placed on the earth and/or underground consisting of objects of engineering infrastructure of meliorative system is part of meliorative system and provides fence and delivery of water from point of water apportionment or its branch in water apportionment point;

meliorative system - technologically the complete engineering infrastructure including meliorative networks, and also other components of meliorative system (in the presence) which interaction is provided by management of the water, thermal, air and nutritious mode of soils on the reclaimed lands;

the meliorative actions works directed to improvement of chemical and physical properties of soils, flood of pastures, creation of protective forest plantings, carrying out kulturtekhnichesky works, improvement of lands with the adverse water mode and engineering-geological conditions, designing, construction (reconstruction) and operation of objects of engineering infrastructure of meliorative systems, including scientific, organizational and technological support of such works;

melioration of lands complexes of the hydrotechnical, kulturtekhnichesky, chemical, agrotechnical, agrotimber, other meliorative actions performed for the purpose of regulation of the water, thermal, air and nutritious mode of soils, preserving and increase in their fertility and forming of ecologically balanced rational structure of grounds;

the reclaimed lands - lands where the complex of meliorative actions according to the project documentation approved in accordance with the established procedure is performed;

monitoring of the irrigated and drained lands complexes of the actions directed to collection, processing, storage and information transfer about condition of the reclaimed lands and meliorative systems, their water balance, and also the analysis, assessment and forecasting of possible influence of meliorative actions for the surrounding environment;

objects of engineering infrastructure of meliorative system - pumping points, collectors, water intakes, dams and other hydraulic engineering constructions, channels on irrigating and drying systems, the pipelines, other objects and constructions connected with intake (giving) of water for needs of irrigation of lands or other purposes and/or with provision of services on drainage of lands and/or with protection of lands against harmful effect of water which according to the project of their construction and/or the passport of meliorative system are its part;

the operator of objects of engineering infrastructure of the meliorative systems which are in state-owned property (further - the operator), - the legal entity providing operation of objects of engineering infrastructure of the meliorative systems which are in state-owned property;

component of meliorative network - one or several technologically connected objects of engineering infrastructure of meliorative system which are part of the relevant meliorative network;

component of meliorative system - the meliorative network (meliorative networks), the channel of the state value, objects of engineering infrastructure of meliorative system placed within significantly the changed arrays of surface water, other objects of engineering infrastructure of meliorative systems according to the project of their construction and/or the passport of meliorative system are its part;

the territory of servicing of meliorative network (other component of meliorative system) - set of the parcels of land (parts of the parcels of land) concerning which the meliorative network (other component of meliorative system) provides irrigation and/or delivery of water for other purposes, drainage, protection against harmful effect of water;

the territory of servicing of the operator of objects of engineering infrastructure of the meliorative systems which are in state-owned property (further - the territory of servicing of the operator), - set of the territories of servicing of the meliorative networks and other components of meliorative system assigned to the operator determined by data of the State land cadastre;

point the water apportionment place on the channel on irrigating and drying systems, the pipeline or other source of irrigation from which the water intake for its delivery to water users within the territory of servicing of meliorative network is carried out and/or in which dumping of the water which is taken away from the territory of servicing of meliorative network is performed.

Other terms are used in this Law in the following values:

the terms "channel of the state value", "channel on irrigating and drying systems", "pumping point", "organization of water users" - in the values given in the Law of Ukraine "About the organization of water users and stimulation of hydrotechnical land reclamation";

the term "significantly the changed array of surface water" - in the value given in the Water code of Ukraine";

"Article 9. Persons of law of property on objects of engineering infrastructure of meliorative systems

The property right to objects of engineering infrastructure of meliorative systems can belong to the state, territorial communities of villages, settlements and cities, legal entities and citizens taking into account the restrictions determined by the law.

Management of objects of engineering infrastructure of the meliorative systems which are in state-owned property is performed by the Cabinet of Ministers of Ukraine and the central executive body realizing state policy in the field of hydrotechnical land reclamation through operators who will be formed and perform the activities according to Articles 24-2 - 24-5 these Laws.

The property right to objects of engineering infrastructure of meliorative systems is acquired and implemented according to the procedure, determined by the law.

Article 10. Exclusive right of state-owned property on separate objects of engineering infrastructure of meliorative systems

The property right to objects of engineering infrastructure of channels of the state value belongs only to the state.

The list of channels of the state value approves the Cabinet of Ministers of Ukraine.

Transfer of objects of engineering infrastructure of meliorative systems to public and private partnership, concession is performed according to the laws of Ukraine "About public and private partnership", "About concession" and does not predetermine transition of the property right to such objects to the private partner, the concessionary.

Article 11. Property right to objects of engineering infrastructure of meliorative systems

Objects of engineering infrastructure of meliorative systems can be in state-owned property, Utility (including in common property of territorial communities of villages, settlements and cities) or private property (except objects of engineering infrastructure of channels of the state value) taking into account restrictions in use of the parcels of land, encumbrances of the corporeal rights to them established according to the law.

Objects of engineering infrastructure of the meliorative systems which are in the state-owned, utility property can be transferred to public and private partnership, concession according to the procedure, established by the laws of Ukraine "About public and private partnership", "About concession".

Pumping points, other objects of engineering infrastructure of the meliorative systems which are in the state-owned and utility property which are component of meliorative systems can be subject to privatization in case of compliance to all such conditions:

the pumping point, other objects of engineering infrastructure of meliorative systems are not used for purpose, including for fence (delivery) or water drainage for needs of hydrotechnical land reclamation, within at least 10 years;

any organization of water users did not file in the procedure established by the law petition for obtaining in property of such objects;

concerning such objects it was not begun preparation of conceptual note on implementation of public and private partnership or preparation of the feasibility statement on implementation of public and private partnership or the decision on implementation of public and private partnership, concession according to the laws of Ukraine "Is made on public and private partnership", "On concession".

Along with privatization of the specified objects privatization of technologically related other objects of engineering infrastructure of the meliorative systems which are components of meliorative system (components of meliorative network) which part the following objects are is performed.

Privatization of the objects determined by parts three and the fourth this Article, the corporeal rights to which according to the law are subject to state registration, however were not registered, it is performed without advance registration of the property right of the state or territorial community on such objects";

Article 12 to exclude 2);

3) in Article 12-1:

the second to state part in the following edition:

"Legal entities and physical persons have the right to perform construction of facilities of engineering infrastructure of meliorative systems, to place such objects on the parcels of land belonging to them on the property right or on right to use and to acquire the property right to the corresponding objects";

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