ОБ’ЄКТ ДОГОВОРУ ОРЕНДИ ДЕРЖАВНОГО ТА КОМУНАЛЬНОГО МАЙНА

Abstract

Since the Civil Code of Ukraine adopted in 2003 contained a list of novelties that have changed its conception fundamentally, this topic is of vital importance.

The structure of legal relations has been changed drastically which caused changes in  both subject-object composition and the content of legal relations themselves.

It is necessary to note that there is no common approach to the determination of a subject or an object of legal relations in civil literature. Some researches state that actions are objects of obligations and things are objects of relations. Other researches classify things as the subject of the property legal relations and behavior of  subjects as the subject of obligation.

When determining the legal state and regimen of communal property it is necessary to note that it shows itself in ‘what and how much’ formula.

The article deals with the national practice of determination of the legal state of communal property and analyses the foreign practice of regulation of relations in the field of communal property.

The separation of communal property from the public property has proved to be beneficial for the legal state of this property.

Having analyzed the Law of Ukraine On Leasing of Public and Communal Property it is possible to note that we are talking about something more than just leasing out of a particular amount of fixed assets, it is the provision of a lessee with money funds and securities on a credit basis. The property should be leased out in the case where an owner is unable to use it. Enterprises whose property is being leased out should not be in the process of termination since leasing all the property out does not mean that an enterprise is unable to run its commercial activity.

The article provides recommendations on the improvement of the legal state  and regimen of public and communal property.