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This article analyzes the current position of the Supreme Court regarding disputes related to changes in rent payments due to changes in the normative monetary valuation of land. An analysis of the provisions of the Civil Code of Ukraine and the Land Code of Ukraine, which regulate the general principles of lease agreements, including land lease agreements and the specifics of leasing communal or state-owned land, has been conducted. The features of such agreements, as defined by the Law of Ukraine “On Land Lease,” are considered. A conclusion is made about the civil-law, dispositive nature of the contract. Attention is focused on the peculiarities of determining the amount of rent, the procedure for paying rent under agreements for the lease of communal and state-owned land plots. The provisions of the Tax Code of Ukraine regarding land payment in the form of rent for communal or state-owned land plots are examined in detail. The relationship between the normative monetary valuation of a land plot and the amount of rent under the agreement is investigated. The conditions for changing the normative monetary valuation of a land plot are listed. A conclusion is made about the presence of imperative elements when concluding the described category of agreements. The previous practice of the Grand Chamber of the Supreme Court regarding disputes that arose between the parties to the lease agreement of communal or state-owned land plots concerning changes in rent payments due to changes in the normative monetary valuation of the land plot is analyzed. The current practice of the Grand Chamber of the Supreme Court regarding this category of disputes is also studied. Based on the comparison of the positions of the Grand Chamber of the Supreme Court, conclusions are drawn regarding the peculiarities of changes in the legal position and possible preconditions for such changes. The advantages and disadvantages of the new practice of the Grand Chamber of the Supreme Court in the described category of cases are highlighted. Possible scenarios for the development of legal relations between lessors and lessees in light of new court decisions are considered. The prospects for further development of legislation in this area and possible directions for improving the regulatory framework, taking into account modern challenges.
Prydatko et al. (Thu,) studied this question.