THE ESSENTIAL TERMS AND CONDITIONS OF THE LEASE OF THE STATE ENTERPRISE PROPERTY PROBLEM SETTING
Journal Title: Право та інновації - Year 2016, Vol 3, Issue 15
Abstract
Problem setting. While establishing the market economy in Ukraine a difficult process of transition to goods/money relationship happens. These relationships provide a diversity of ownership forms of different objects, above all, the means of production. In this regard, the process of privatization of state property is taking place in the state. However, not always physical and non-state legal entities have a financial opportunity to purchase a particular object of state property that is not efficiently used by the state. the lease of the state enterprise property is the way to solve this problem. This legal tool is used to satisfy non-state manufacturer in mass production and increases the efficiency of the property usage. While concluding the lease of state enterprises property, a number of issues relating to the essential terms of the contract arise. Analysis of resent researches and publications. The problem of contractual relationships was researched by legal scientists in different aspects. The research in this area was conducted by M. Aharkov, S. Alieksieiev, , M. Brahinskyi, O. Krasavchykov, O. Ioffe, G. Shershenevich and others. The problems of tenancy and lease were studied by I. Spasibo, O. Lipetsker, Ye. Kazarenko, V. Steshenko, M. Pronina, S. Puhinskyi, T. Potapenkova, Yu. Basin, D. Levenson and other scholars. Target of research. The aim of this paper is the comprehensive research and analisys of the essential terms and conditions of the lease of the state enterprise property. Article’s main body. The essential terms and conditions of the lease of the state enterprise property are defined. The integral property complex as the subject of the lease of state enterprises property is analyzed. The essential term of the lease of state enterprises property like a lease payment is researched. The term of the lease is considered in detail. Conclusions and prospects for the development. The detailed analysis of the essential conditions of the lease of state enterprise property, such as the subject of the contract, the rent and the term of the contract, is of great scientific and practical importance, since lack of some provisions in the legislation prevents from the possibility of proper protection of the parties rights.
Authors and Affiliations
M. V. Moroz, O. V. Moroz
Keywords
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