The article examines the legal nature of termination of a lease agreement as a legal basis for termination of the lease right to an agricultural land plot. The author analyses the current legislation and considers the current court practice of resolving land disputes in this area. The author identifies the main types of disputes regarding termination of the lease right on various grounds, including in court and out of court. Special attention is paid to the issues of termination of an agricultural land lease agreement by agreement of the parties and unilaterally. The author defines the rules for formalising the termination of an agricultural land lease agreement as a ground for compulsory termination of the lease right. The article separately analyses the mechanisms of termination of the lease right both at the initiative of the lessor and the lessee. The author concludes that termination of a lease agreement is the basis for termination of the lease right to an agricultural land plot and return of the land plot to the owner. The case law in this area demonstrates that the mechanism of contract termination requires both clear legislative regulation and proper procedural support. The problems arising from the imperfect legal framework have a negative impact on the stability of the agricultural sector, create legal uncertainty for landlords and tenants, and lead to an increase in the number of land disputes in courts. To overcome the identified shortcomings, it is necessary to systematically update the legislation, harmonise the provisions of the Land Code of Ukraine, the Civil Code of Ukraine and special legislation on land lease, and introduce uniform approaches in court practice. Thus, improving the mechanism of termination of lease agreements will contribute to more effective protection of the rights of the parties, increase legal certainty and strengthen the institution of land lease as an important element of land relations.
Batyhina et al. (Thu,) studied this question.
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