Unofficial transfer. (c) Soyuzpravoinform

RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 29, 2013 No. 12

About some questions of practice of application of the legislation on lease (hiring) of property

According to Item "About judicial system and the status of judges" the plenum of the Supreme Economic Court of Ukraine DECIDES: 6 parts two of article 36 of the Law of Ukraine

For the purpose of ensuring the correct and identical application by economic courts of regulations of the legislation in hearing of cases in the disputes connected with lease (hiring) of property to make to economic courts such explanations.

1. General provisions

1.1. 1, 9, of Article part two 759, of part three of Article 760 of the Civil code of Ukraine (further - the Civil Code of Ukraine) and Article parts two 4, of part six of article 283 of the Economic code of Ukraine (further - HK of Ukraine) follows Article part two from contents of instructions of Article that the Civil Code of Ukraine is established general provisions about hiring (lease), and features of regulation of property legal relationship which arise between subjects of managing and are connected with the conclusion, accomplishment and the termination of lease agreements, HK of Ukraine are provided. Therefore, if the last does not contain such features, then relevant provisions of Civil Code of Ukraine are applied.

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