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Abstract

In the article the content of the essential terms of the lease agreement of the state and communal property is investigated on the basis of the analysis of the current civil legislation. The tract of the term of the content of the agreement, which is contained in Article 628 of the Civil Code of Ukraine, is provided. The author applied the comparative method in the analysis of the content of the essential lease terms with reference to the provisions of the Civil Code of the USSR and the Civil Code of Ukraine. Therefore, in accordance with Article 628 of the Civil Code of Ukraine it is established that the agreement was concluded if the parties in the proper form agreed to all the essential terms of the agreement.
The author thoroughly approached the study of the norms of this institute, which is confirmed by the reference to other normative legal acts, in particular, the Economic Code of Ukraine, the laws of Ukraine “On leasing of state and communal property”, “On leasing of state property”, which interpret the essential terms of the agreement. But the enumerated acts of the legislation in different ways approach to definition of essential terms of the agreement. Adopted by CC and EC of Ukraine the essential terms of the agreement are proposed by the Law of Ukraine “On leasing of state and communal property”. This Law regulates the lease of the entire property complex of enterprises.
Referring to the content of the article, the author has broadly approached the characterization of each essential condition, which gives a clear and specific approach to their understanding and evaluation. In addition to the theoretical presentation of aspects of the essential terms of the agreement, the author drew attention to the case law, which makes it possible to analyze the practical application of the mentioned above normative legal acts.
In the article the author appeals to the explanation of the Supreme Economic Court “On some issues of practice of application of the Law of Ukraine“On leasing of state and communal property”, clause 8 of which establishes that only in the presence of essential conditions, if they are not clearly regulated by the law, the agreement is considered concluded. On this basis, it should be concluded that in the case of failure to specify in the lease of state and communal property conditions that are not established by law, such an agreement should be declared not concluded but void. This position, according to the author, is true and meets not only the requirements of the Law "On leasing state and communal property", but also the general requirements of the civil legislation, in particular Article 628 of the Civil Code of Ukraine.