PROBLEMS OF USING RIVERBED PONDS IN AQUACULTURE (IN THE CONTEXT OF RECENT LEGISLATIVE CHANGES)

Abstract

. For a long time in the field of aquaculture existed the uncertainty, associated with the use of the ponds formed by water-retaining structures on watercourses (the so-called “riverbed ponds”), despite numerous attempts to resolve emerging contradictions legislatively—including another such attempt made last year by the adoption of Federal Law No. 163-FZ of June 11, 2021 “On the amendment of the Federal Law “On aquaculture (fish farming) and amendment of some legislative acts of the Russian Federation” and some legislative acts of Russian Federation”. The amendments introduced by this law establish new legal mechanisms for the use of riverbed ponds for the purposes of pond aquaculture, which makes their study particularly relevant. However, it will not be possible to fully understand the essence of these legislative changes without understanding the history and development of the legal framework applicable to these water bodies. In this regard, this article shows how riverbed ponds through numerous legislative changes were gradually introduced into the property circulation and how the principle of separation of the water resources of riverbed ponds and the land under them appeared, which means that the water in such ponds remains federal, but the land under them may be in other forms of ownership. This article also discusses the questions of the correlation of this principle with other principles of the legal regulation underlying water and land legislation, and how it is perceived by judicial practice. The author analyzed in detail the amendments, adopted by Federal Law of 11.06.2021 No. 163-FZ, concerning the regulation of riverbed ponds, proposed a classification of the legal basis for the use of water bodies in fish farming, and concluded what problems in the use of riverbed ponds remained, despite recent legislation attempts to eliminate them. Finally, this article suggests directions for further changes, according to which, as it seems to the author, the legislator could go to solve the identified problems. the use of a fish-breeding site, water use agreement, decision on the provision of a water body for use, water fund lands, agricultural lands, the principle of of the land strongly related objects