РОЗМЕЖУВАННЯ ВІДПОВІДАЛЬНОСТІ МІЖ ОРЕНДОДАВЦЕМ ТА ОРЕНДАРЕМ ЗА ЗАБЕЗПЕЧЕННЯ ПОЖЕЖНОЇ БЕЗПЕКИ

Abstract

Purpose. The purpose of the article is to investigate the issue of dividing the responsibility between the lessor and the lessee for ensuring fire safety. Methods. The methodological base of the research consists of general and special methods of scientific knowledge (methods of analysis and synthesis, induction and deduction, formal-logical, system-structural, legal modeling method), the need for their application is determined by the purpose and tasks of the research, the object and the subject. Results. The article emphasizes that the issue of distinguishing responsibility for ensuring fire safety between entities related to lease relationships is extremely important for ensuring the proper administrative practice of the controlling body in the field of man-made and fire safety, because it is directly related to the correct installation persons to whom requests should be addressed to eliminate violations of fire safety legislation found at the facility, and who should bear legal responsibility for violations of fire safety regulations. The author states that the conclusion of a contract (hire) for the lease of objects cannot help but affect the change of rights and obligations, and therefore – the responsibility for ensuring fire safety between the lessor and the lessee. In addition, this position is also reflected in the legislation, which recognizes that the reasons for the emergence of obligations to perform certain actions in the field of fire safety for subjects can be not only prescriptions of regulatory legal acts, but also commitments the terms of which can be defined in the lease (hire) contract. It is emphasized that the legislator ignored the question of whether all fire safety responsibilities can be transferred from the lessor to the tenant, and whether, due to the unsettled nature of the distribution of fire safety responsibilities in the lease agreement, the tenant is not at all is responsible for ensuring fire safety at the facility. It was established that when solving this issue, one should take into account the multiplicity of fire safety requirements. Particular attention is paid to the fact that the issue of the difficulty of determining the person responsible for the implementation of fire prevention measures is also connected with the fact that the main regulatory documents in the field of fire safety do not fully perceive such a phenomenon as a lease. Conclusions. The responsibility for ensuring fire safety at the leased facility cannot rest entirely on the lessor, and on the contrary, far from the entire range of duties for ensuring fire safety can be transferred to the lessee. When determining the subject responsible for ensuring fire protection requirements, the factual circumstances, provisions of the legislation and the terms of the contract, which fix the rights and obligations of the parties in matters of ensuring fire safety, should be taken into account.