ПРАВОВИЙ СТАТУС СУБ’ЄКТІВ ДОГОВОРУ ОРЕНДИ ДЕРЖАВНОГО ТА КОМУНАЛЬНОГО МАЙНА

Abstract

In the article based on the analysis of the Civil and Commercial Codes, the Law Of Ukraine "On lease of state and communal property", topical aspects of the lease agreement of state and communal property are considered. Features of this is one of the oldest contracts of a society are considered. The basic tendencies of improvement of lease legal relations are conditioned.

The basis for determining the legal status of the parties to the contract is the analysis of rights and responsibilities of both the landlord and the tenant. Therefore, based on the above acts of current legislation, it is necessary to determine the role of each of the parties in the lease. The article stipulates both basic rights and responsibilities and special ones. First of all the essential terms of the contract, such as the object, the rent, the terms of the lease and the payment of the rent.

Particular attention is paid to the responsibilities of the parties, as they play special attention in the stability of civil relations. This paper also pays attention to the issue of sublease, so the Law states that sublease is possible only with the consent of the landlord, unless otherwise specified in the contract.

Also in the article found a place for privatization and leasing, when conditions specified in the current legislation.

The article focuses on the objects of lease and acquisition of ownership of manufactured products.

The peculiarity of lease agreements, state and communal property is that the amount of rent is determined not by agreement of the parties, but on the basis of legislatively established Methodology, approved by the Cabinet of Ministers of Ukraine dated October 4, 1995 № 786, which indicates the sequence of calculation.