ПРАВОВІ ТА ІСТОРИЧНІ АСПЕКТИ ДОГОВОРУ ОРЕНДИ ДЕРЖАВНОГО ТА КОМУНАЛЬНОГО МАЙНА: ІНОЗЕМНИЙ ТА НАЦІОНАЛЬНИЙ ДОСВІД

Abstract

Aspects of the lease agreement have been of interest to society since ancient times. This agreement with its features and peculiarities occupies an important place both in the contractual sphere and in the regulation of public relations relating to various branches of law. In addition, it should be noted that the lease relationship has developed significantly and further improved with the adoption of the Civil Code of Ukraine in 2003 and a number of regulations in the field of civil law.

Leading people were engaged in the development of this issue at different times scientists - сivilians such as V.Ya. Bondar, V.V. Vitryansky, E.A. Sukhanov, O.O. Ioffe, I.M. Kucherenko, O.V. Dzera and others.

It should be noted that a significant number of provisions in the legislation of the above countries are at least identical in terms of definition. In addition, the rules of the Criminal Code of Ukraine on rent, with a few exceptions, apply to the rental agreement. Given the fact that the Civil code of Ukraine contains a significant amount stories, it should be noted that the concept of a lease in Soviet times were not applied.

In general, analyzing the scientific comments of well-known scientists - civilians is possible conclude that considering the content of the lease, almost all of them conclude that the lease is a binding relationship with the elements of property law, in particular the absolute protection against violation of its rights to leased property by third parties, to maintain the lease during the transition ownership rights to leased property to another person, to transfer property to sublease.

The article discusses the aspects of lease relations from the point of view an integrated approach, namely, it is necessary to analyze the contents of these relations from the beginning of their origin, periods of development and improvement. In this regard, it is necessary to begin to consider the lease of state and municipal property on the basis of existing legislation.

In addition, the article provides a comparative analysis of legislation, regulating rental relations in pre-Soviet, Soviet and modern periods. It should be noted that not only the wording but also the content of these relations were significant differences.

The article also pays attention to the comparative analysis of the legalregulation of lease relations in the field of state and communal property. In this aspect the experience of such countries as Germany, Greece, Belarus, the Russian Federation, Latvia is considered.