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Publication date: 12.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Leasing in Ukraine is a popular form of financing for companies seeking to invest in the necessary equipment or property without significant upfront costs. The subjects of leasing agreements are the lessor (financial institution or leasing company) and the lessee (user using the property). Leasing objects can be different types of property: from cars and equipment to computer equipment and real estate. Leasing allows companies to gain access to the equipment they need without having to spend a lot of money to purchase it. In addition, leasing may have tax benefits, such as the ability to write off lease payments for income taxes.
Legal features of leasing in Ukraine:
Types of leasing The Ukrainian leasing market offers various types of leasing, including financial leasing (where the lessee has the right to buy the property at the end of the leasing term) and operational leasing (when the property is returned to the lessor at the end of the leasing term).
Terms of the contract: The terms of the leasing contract are determined by the parties and may include the lease term, the amount of lease payments, property insurance rules and other conditions.
Transfer of property: Leased property is usually transferred to the lessee on a temporary basis for a fee during the term of the contract.
Contract term: The term of the leasing agreement is determined by the parties and usually reflects the depreciation period of the property.
Payment: The lessee is obliged to pay lease payments to the lessor for the use of the property. Payments can be different: monthly, quarterly, annual, etc.
Responsibility for Insurance and Maintenance: Typically, the lessee is responsible for insuring and maintaining the property during the term of the contract.
Rights and obligations of the parties: The leasing agreement defines the rights and obligations of both the lessor and the lessee, including the lessee's right to use the property and the lessor's right to receive lease payments.
Property repurchase: Typically, a leasing agreement specifies the lessee's ability to repurchase the property for a certain price upon expiration of the contract term.
These features are common to most leasing agreements in Ukraine, however, specific terms may vary depending on the agreements between the parties and the type of property that is leased.
Procedure for concluding a leasing agreement:
Discussion of conditions: The lessor and the lessee discuss the terms of the agreement, such as the leased object, the term of the agreement, the amount of lease payments, the possibility of purchasing the property, etc.
Development of contracts: Based on the agreed conditions, the lessor prepares a draft leasing agreement.
Conclusion of the contract: After the parties have read the terms of the contract and agreed to them, the contract is signed by both parties.
Execution of documents: After signing the contract, it may be necessary to prepare additional documents, such as acts of transfer and acceptance of property, insurance policies, etc.
Transfer of property: The lessor transfers the property to the lessee according to the terms of the agreement.
Payment of lease payments: The lessee begins to pay lease payments in accordance with the terms of the agreement.
These steps may vary depending on the terms of the contract and the policies of each party. It is important that both parties carefully read the terms of the contract before signing and clearly understand their rights and obligations. If necessary, contracts can be developed by involving a lawyer or leasing specialist.
Development of a contract by a lawyer:
Legal services may be required at every stage of concluding an agreement, from checking counterparties using registers and developing a draft agreement, ending with its signing. The lawyer will ensure that the content of the contract complies with all legal requirements and the interests of the parties, and documents development. So, drafting contracts by a lawyer is a reliable tool for building successful contractual relationships.
