Правовые аспекты договора лизинга и особенности лизинговых правоотношений в современной России

Abstract

The relevance of the study of stated topic is due to the rapid development of various types of legal relations in Russian civil society, and directly in legal relations related to entrepreneurship and other economic activities. The active development of a market economy in our country requires a large amount of funding in various areas of production. The state policy in the field of economic development is maximally aimed at developing and supporting various levels of business. The use of leasing significantly helps the development of entrepreneurship. The purpose of the study is to identify theoretical points that require revision and clarification both on the part of the scientific community and on the part of practicing lawyers, as well as to identify gaps in the current legislation in the field of leasing. Based on the above goal, we form the following tasks: to investigate the position of the leasing agreement in modern legislation and civil law doctrine, to identify the weaknesses of the legal regulation of the leasing agreement, to identify legal and technical shortcomings of regulatory legal acts in the field of the financial lease agreement. Methods used in the course of the study: analysis, synthesis, historical and legal method, comparative legal method. The practical value of the material is due to the fact that the results of the study can be used when concluding, changing and terminating a financial lease agreement, as well as in further reforming this area of civil law. The theoretical value lies in the possibility of using the materials of the study in the further study of the financial lease agreement, as well as in the study and teaching of civil law disciplines. As a result of the study, the gaps in the civilistic doctrine regarding the leasing agreement are identified, the conclusion is made about the need to single out the leasing agreement as a separate category of agreements, the need to make the term of the leasing agreement as a mandatory condition is determined, the current legislation is analyzed from the point of view of its compliance with the practice of applying the leasing agreement, as well as from legal and technical standards.