Good day! Let’s consider the amendments to the Procedure for Compensation of Losses Caused to Water Users by Termination of the Right or Change of Conditions of Special Water Use.
1. **Essence of the amendments:**
The resolution introduces changes to the existing procedure for compensating losses to water users whose right to special water use has been terminated or whose water use conditions have been changed. The changes concern the clarification of terminology, the procedure for identifying violations, determining the amount of losses, and the procedure for their compensation.
2. **Structure and main provisions:**
* Definitions of terms are introduced in accordance with the Water and Civil Codes.
* The grounds for compensation of losses are clarified, in particular, some items concerning the grounds for termination of the right of water use have been excluded.
* The procedure for identifying the facts of termination of the right or change of conditions of special water use is detailed, assigning it to the state supervision (control) bodies in the field of protection and rational use of water and law enforcement agencies.
* It is indicated that the amount of losses is determined by the water users themselves in accordance with the methodology to be approved by the Ministry of Economy.
* It is clarified what is subject to compensation: actual losses and lost profits.
* The procedure for filing claims for compensation of losses is regulated – through pre-trial settlement of disputes or in court.
3. **The most important provisions:**
* Important is the rule that the amount of losses is determined by the water users themselves, but in accordance with the methodology that has yet to be developed and approved by the Ministry of Economy. This means that until the methodology is approved, the process of determining the amount of damages may be complicated.
* Attention should also be paid to the fact that the detection of violations is assigned to specific bodies, which may affect the efficiency of response to such violations.
* In the context of martial law, the rule that actual losses and lost profits are subject to compensation is important, since losses can be significant in wartime.
