Re-Leasing as a Necessary Legal Fiction

The article explores the issue of implementing the concept of re-leasing in Russia and examines the main fea-tures of the current regulatory and law enforcement practice concerning transactions that are currently used by civil turnover participants instead of this construct. The main obstacles preventing the direct extension of finan-cial lease regulation to this category of transactions without the introduction of legal fiction have been studied. The article evaluates the key advantages and, consequently, the market’s demand for such a construct in leas-ing services, as confirmed by judicial practice and the position of the Supreme Court of the Russian Federation. Additionally, the article considers methodological aspects of financial accounting and the differentiation of re-leasing as a subtype of financial leasing from rental (operational leasing), and offers proposals for amending the current legislation based on the Ministry of Economic Development’s draft law, with revisions that take into account the protection of the rights and legitimate interests of all parties to the re-leasing agreement.