Trufanova Y. Termination of the lease (rental) agreement

The dissertation is devoted to the comprehensive study of the termination of the lease (rental) agreement as an independent stage of the contractual obligation process to transfer property rights for a temporary paid use. The paper substantiates that the lease (rental) agreement is one of the oldest contractual constructs, the scope of which extends to both business activities and everyday life. Essential characteristics of the legal regulation evolution of the lease and rental relations have been established. Among them there is an increase in the freedom of the parties in forming the content of the contract and the grounds for its termination, as well as the anticipated reasons for its termination in extrajudicial procedure (waiver of the contract). The dissertation research distinguishes the system approach to determine the reasons for termination of the lease (rental) contract and some of its types under the civil legislation of Ukraine. It has also been analysed the conceptual differences between the provisions of the Law of Ukraine “On the Lease of State and Communal Property”, the Commercial Code of Ukraine and the Civil Code of Ukraine regarding the conditions and procedure for termination of the lease agreement by its voidance and/or waiver. The results of the study present the practical aspects and legal defects of the contract voidance, and are disclosed based on the requirements of the lender and / or the lessee, through application of bilateral restitution, innovations, etc. The scientifically substantiated proposals for elimination of shortcomings of the law enforcement practice and improvement of the current legislation of Ukraine, which have signs of scientific novelty and practical value are developed.