Use of water bodies for fish farming: land and legal aspects

The article examines the features of using water bodies for fish farming from a land and legal perspective. Based on an analysis of current Ukrainian legislation, the author concludes that fish farming and aquaculture are synonymous terms. It is emphasized that for proper legal regulation of the use of water bodies for fish farming, the connection of these bodies to the land plots on which they are located must be considered. It is argued that the legal regulation of the use of water bodies for fish farming stems from the specific nature of these objects and their connection with other resources. The article thoroughly substantiates that regulating the use of land or water resources separately cannot be effective, as any economic activity related to one of these objects inevitably impacts the other. An analysis of the legal provisions in the Land Code of Ukraine, the Water Code of Ukraine, and the Law of Ukraine «On Aquaculture» regarding the regulation of fish farming on water fund land plots with water bodies is provided. The author notes that the norms concerning the use of water bodies for fish farming are reflected not only in land and water legislation but also in agricultural legislation. Specifically, according to Article 1 of the Law of Ukraine «On Aquaculture», fish farming is defined as a type of agricultural activity, and agricultural activities are regulated by agricultural law norms. The author argues that in the process of legal regulation of relations related to fish farming, it is necessary to consider not only land and water law but also the norms of agricultural law, which encompass a broader range of legal relations connected with agricultural activities. This makes legal regulation more comprehensive and balanced, taking into account all aspects of land use under water bodies for fish farming. The practical application of such a comprehensive approach ensures effective use of natural resources and helps avoid legal conflicts.