Publication date: 08.06.2024
Peculiarities of legal regulation of leasing in Ukraine
Introduction
Leasing is one of the most common and convenient ways for companies to finance the acquisition of fixed assets. Leasing allows companies to use the necessary equipment or vehicles without incurring significant one-time acquisition costs. In Ukraine, the legal regulation of leasing is based on several key regulations that provide the legal framework for leasing transactions. In this article, we will analyze the main legal aspects of leasing in Ukraine, problems and prospects for development.
Legal framework
The Civil Code of Ukraine:
- Section 58 of the Civil Code of Ukraine regulates leasing, in particular, defines the concept of leasing, the rights and obligations of the parties, and the procedure for entering into and executing leasing agreements.
The Law of Ukraine "On Financial Leasing":
- This law is the main legal act regulating relations in the field of financial leasing. It defines the main terms, principles of leasing operations, requirements for leasing companies and the procedure for conducting leasing operations.
The Law of Ukraine "On Value Added Tax":
- Regulates the taxation of leasing transactions, in particular, the procedure for charging and paying VAT on leasing transactions.
The main types of leasing
Financial leasing:
- This is a form of leasing in which the lessor transfers the leased object to the lessee for a certain period of time for a fee, and after the expiration of the contract, the lessee has the right to purchase the leased object at the residual value.
Operational leasing:
- It differs from a financial lease in that the leased object is returned to the lessor at the end of the contract term, and the lessee has no right to buy the leased object.
Conclusion of leasing agreements
The main elements of the contract:
- A leasing agreement must contain the following mandatory elements: the names and details of the parties, a description of the leased asset, the leasing term, the amount and procedure for making lease payments, and the terms of return or purchase of the leased asset.
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Rights and obligations of the parties:
- The lessor is obliged to transfer the leased object to the lessee in a condition suitable for use and to ensure its maintenance (if provided for in the agreement). The lessee is obliged to pay lease payments in a timely manner and use the leased object in accordance with its purpose.
Problems of legal regulation of leasing
Imperfection of the legal framework:
- Leasing legislation needs to be improved and adapted to international standards. In particular, the legal status of leased assets needs to be more clearly defined and their insurance needs to be regulated.
Taxation of leasing transactions:
- The taxation of leasing operations is often a problem for lessors and lessees. It is necessary to simplify and unify tax rules for leasing operations.Peculiarities of legal regulation of leasing in Ukraine
Introduction
Leasing is one of the most common and convenient ways for companies to finance the acquisition of fixed assets. Leasing allows companies to use the necessary equipment or vehicles without incurring significant one-time acquisition costs. In Ukraine, the legal regulation of leasing is based on several key regulations that provide the legal framework for leasing transactions. In this article, we will analyze the main legal aspects of leasing in Ukraine, problems and prospects for development.
Legal framework
The Civil Code of Ukraine:
- Section 58 of the Civil Code of Ukraine regulates leasing, in particular, defines the concept of leasing, the rights and obligations of the parties, and the procedure for entering into and executing leasing agreements.
The Law of Ukraine "On Financial Leasing":
- This law is the main legal act regulating relations in the field of financial leasing. It defines the main terms, principles of leasing operations, requirements for leasing companies and the procedure for conducting leasing operations.
The Law of Ukraine "On Value Added Tax":
- Regulates the taxation of leasing transactions, in particular, the procedure for charging and paying VAT on leasing transactions.
The main types of leasing
Financial leasing:
- This is a form of leasing in which the lessor transfers the leased object to the lessee for a certain period of time for a fee, and after the expiration of the contract, the lessee has the right to purchase the leased object at the residual value.
Operational leasing:
- It differs from a financial lease in that the leased object is returned to the lessor at the end of the contract term, and the lessee has no right to buy the leased object.
Conclusion of leasing agreements
The main elements of the contract:
- A leasing agreement must contain the following mandatory elements: the names and details of the parties, a description of the leased asset, the leasing term, the amount and procedure for making lease payments, and the terms of return or purchase of the leased asset.
- You may be interested in the following articles: ,lawyer consultation ,lawyer consultation ,analysis written consultation, verification of documents by a lawyer, lawyers documents help legal opinion ,legal opinion of a lawyer lawyer online consultation lawyer consultation lawyer help online Legal analysis of the situation, Litigation, legal services, legal services, lawyer, lawyer services, lawyers online, legal services online, legal services online, legal assistance online, legal advice, legal services online, legal advice, lawyer consultation, lawyer consultation, types of legal services,.
Rights and obligations of the parties:
- The lessor is obliged to transfer the leased object to the lessee in a condition suitable for use and to ensure its maintenance (if provided for in the agreement). The lessee is obliged to pay lease payments in a timely manner and use the leased object in accordance with its purpose.
Problems of legal regulation of leasing
Imperfection of the legal framework:
- Leasing legislation needs to be improved and adapted to international standards. In particular, the legal status of leased assets needs to be more clearly defined and their insurance needs to be regulated.
Taxation of leasing transactions:
- The taxation of leasing operations is often a problem for lessors and lessees. It is necessary to simplify and unify tax rules for leasing operations.
