Property lease in the land legislation of Ukraine

The article highlights the concept and legal nature of property lease as an independent legal construct and source determinant of legal relations in the field of land use. The conceptual aspects of property leasing are considered through the prism of the civil legislation of Ukraine (Civil Code of Ukraine, Chapter 58, § 1). An analysis of judicial practice was carried out regarding the specifics of the tenant’s use of the objects (subjects) of the lease agreement – the actual leased property (Decision of the State Administrative Court of Ukraine No. 46/389 dated February 8, 2010). The theoretical appropriation of the definition and doctrinal interpretation of the concept of “property lease” in land-law and civil-law scientific theories in Ukraine is analyzed. The grounds for changing, terminating the employment (lease) contract are specified, including – regarding the use of the land plot. An individual legal interpretation (characteristic) of the employment (lease) contract was carried out according to the general (civil law) and special (land law) legislative doctrine of Ukraine through the prism of the analysis of the provisions of the Civil Code of Ukraine, as well as – the Land Code of Ukraine, the Law of Ukraine “On Lease” land” No. 161-XIV and the “economic and property” Law of Ukraine “On Lease of State and Communal Property” No. 157-IX). The practical-applied problems of land lease (hire) relationships have been defined in proportion to the provisions of the legislation of Ukraine. Attention is focused on the conflictual features of the provisions of the land legislation of Ukraine and the civil legislation of Ukraine regarding the regulation of land use relations. Characteristic features of the contract for hiring (leasing) a land plot are defined, such as its bilateral, payment, mutually binding nature, etc. The set of rights and responsibilities of the lessee and the lessor, which are defined in the Law of Ukraine “On Land Lease” 2704-VIII and the Land Code of Ukraine, respectively, is defined. Standardization of the term of the lease agreement (lease) of land plots under the legislation of Ukraine in the process of land use has been carried out. The special features of the term of the contract of employment (lease) of the land plot as one of its essential conditions have been studied.