Lease Contract Research Articles

The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code, this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.

Factors influencing tenant retention among selected commercial leasing establishments in Cebu City, Philippines

In the competitive field of commercial real estate, it is important to understand the factors that affect tenant retention to maintain a stable and profitable leasing environment. This descriptive survey research examined the factors influencing tenant retention among selected commercial leasing businesses in Cebu City, Philippines, with a focus on office and retail lease contracts. A total of 150 tenants (lessees) were purposefully selected to participate in the survey, and data were collected through a questionnaire created by the researcher. The results showed that tenants regarded the management structure of the lessor, building quality, lease pricing, contract terms and conditions, building location, and government regulations as key factors in their decision to stay with their lessors. The study also found that tenants were moderately satisfied with these factors. These findings highlight the importance of lease agreements and property management in tenant retention strategies. Further research on these factors and their impact on property management in Cebu City's commercial leasing sector could provide valuable insights for improving tenant satisfaction and retention.

IMPACT OF LAW 05-02 ON THE PRINCIPLE OF BALANCE BETWEEN LANDLORD AND TENANT INTERESTS IN COMMERCIAL LEASE AGREEMENTS: BETWEEN THE PROVISIONS OF OLD LAW AND NEW AMENDMENT

Objective: This article aims to shed light on the extent to which the principle of balancing the legal positions of the lessor and the lessee has been established in light of the Commercial Law before and after the issuance of Law 05-02, as well as to address the new developments in the approach adopted by the Algerian legislator in the context of providing a legal framework that protects the contractual relationship related to commercial leasing. Theoretical framework: The Algerian legislator has been keen to devote enhanced protection to the tenant by stipulating the tenant’s right to commercial ownership and renewal of the commercial lease, as well as the eviction notice and the compensation due when the landlord refuses to renew the commercial lease. However, this protection has diminished with the issuance of Law 05-02 amending and supplementing the Commercial Law, through which the legislator introduced a number of important amendments that affected the provisions of the commercial lease, represented in amending the rent and the lease term, especially the requirement of the official form for drafting the commercial lease contract, especially the introduction of Article 187 bis obligating the tenant to leave the commercial premises, and exempting the landlord from his obligation to notify the eviction and the compensation due, which led to an imbalance between the interests of the landlord and the tenant. Methods: As an analytical study, the methodology of analyzing the content of the legal rules related to commercial leasing was relied upon, whether before or after the amendment, and comparing them to reach the various provisions related to evaluating the extent to which the Algerian legislator balances the positions of the lessor and the lessee.The descriptive methodology was also relied upon, by relying on studies published in this context, in order to list the various points of view presented on the legislator's position on the contract related to commercial leasing, as well as to come up with new results to rely on in discussing the new law. Research implications: In the context of discussing a deep research problem, which is to estimate the position of the Algerian legislator towards the parties to the commercial lease contract, and their legal positions, through what it has established of rights and duties for each of the parties, the practical aspect surrounding the application of the legal text makes extracting the protective objectives that the legislator has taken into consideration the subject of unstable provisions, are the targeted dimensions purely legal, or do they follow a new legal approach within the framework of the new policies in legislation in general in Algeria. Originality of the research: The article studies the points of failure that may arise between the positions of the tenant and the landlord in the commercial lease contract, and raises the most important challenges facing the implementation of the new direction of the Algerian legislator, especially in the context of encouraging foreign investment, and the advantages that the tenant must enjoy in the context of eliminating the complications that may arise within the framework of these contracts.

The impact of accounting disclosure according to the standard (IFRS-16) lease contracts on the efficiency of the finan

IFRS-16 standard showed changes in the quality of disclosure and accounting treatment of lease contracts, which was reflected in the information content of the financial statements. The research deals with the statement of the impact of applying IFRS-16 standard on the efficiency of the financial performance of banks by measuring the level of performance according to financial indicators. The research aims to evaluate the changes in reclassifying lease contracts to financing and operating on the financial position of banks. The financial analysis method was adopted, relying on some of the main financial indicators to evaluate the financial performance of Mansour Investment Bank, the research sample, such as the ratio of debt to equity, the ratio of fixed assets to equity, and some other indicators. The most important conclusions are that there is a clear impact in applying the standard on the efficiency of the bank's performance, the research sample. The most important recommendations are the necessity of applying the standard to all Iraqi banks in order to enhance the qualitative characteristics of accounting information in financial statements and increase the efficiency of these banks in the financial markets.

주택임대차보호법상 법적 쟁점과 개선 방안에 대한 소고

While a lease contract is a civil relationship between private parties, the importance of residential stability, the unique characteristics of the domestic housing market, and the protection of tenants necessitate state intervention based on the special law of the Civil Code, the Housing Lease Protection Act. The original Housing Lease Protection Act was primarily focused on protecting the lease deposit, considering the social conditions at the time of its enactment. However, it has been gradually amended to stabilize the housing market and preserve the foundation of the national economy. Recently, the law has evolved to include the introduction of the right to request contract renewal and the regulation of rent increase limits. Nevertheless, during this process, issues of fairness have continuously arisen, particularly concerning whether reasonable protection is provided to both parties of the lease contract, the tenant and the landlord. There is ongoing debate about whether the emphasis on tenant protection infringes on the landlord’s fundamental property rights. Additionally, the achievement of the Housing Lease Protection Act’s fundamental objective of ensuring the stability of the tenant’s living environment remains uncertain, and there are concerns that landlords’ rights are ambiguously restricted. This underscores the need for review and reassessment. One of the main amendments to the Housing Lease Protection Act is the extension of the lease contract duration due to the tenant’s right to request renewal. While this aims to provide stability to the tenant’s living situation in the short term, it is questionable whether it benefits tenants in the long term, especially when considered alongside other tenant protection measures such as the rent cap system. Moreover, the ambiguity surrounding the landlord’s right to refuse renewal based on “actual residence” does not enhance legal stability for either party. Therefore, it is crucial to establish clear and specific standards.

Motivasai Keputusan Implementasi PSAK 73 Pada PT X

This research aims to evaluating policy making for implementing PSAK 73 in companies in Indonesia, based on PT X which is there will still be problems that arise until 2022. The implementation of PSAK 73, which began in 2020, forced companies in Indonesia to adjust their lease contracts and calculations related to their leases. The significant change from PSAK 30 to PSAK 73 has caused a lot of confusion and errors in its application at PT X especially at its branch offices. A qualitative case study method approach with multiple embedded unit analysis using documentation, observation and semi-structured interview data. This research uses content analysis, thematic analysis, and constant comparison using NVivo 12 Plus software. Institutional logics is relevant in explaining the relationship between individual behavior and institutions that can influence an action. The results of the study show that symbolic carriers (PSAK 73) affect material carriers (actor, routines, artifacts, and procedures) thereby triggering the coupling practice in preparation of SOPs referring to PSAK 73 and the decoupling practice occurred when there are problems that are not stated in the regulations so the company makes adjustments. There are multiple logics including the logic of actors, routines, artifacts and procedures. The competing logics are logic of procedures and actors in adjustment of lease management conditions. Procedure logics is the dominant logic that is the reference of lease management. PT X need to design more appropriate policies taking into account company behavior

Manjolai Estate Conflict in Tirunelveli District - A Historical Survey

Abstract: The tea estates of Manjolai, Kakkachi, Nalumukku, Oothu and Kuthiravetti are situated in the hills of Ambasamudram in Tirunelveli District. Middlemen of the employers brought people of Scheduled Caste communities from Tirunelveli and Thoothukudi regions and the Ezhava people from various parts of Kerala to work as labourers in the estates. The labourers are overseen by the Supervisors addressed as ‘Kangani’ who in turn are answerable to field officers called as Ayya, and they work under Estate Managers respectfully called Durai. The Estate Managers are usually from other states such as Karnataka and Punjab, and the Officers are from other districts in the State. In the year 1948, the Tamil Nadu Estates (Abolition and Conversion to Ryotwari) Act was enacted, and consequentially the Singampatti Zamin’s lands too came under the control of the Government. As a result, in the year 1952, BBTC had to renew its lease contract with the then Congress-led government in Tamil Nadu. Even though decades have passed, many of the demands raised by the labourers still remain unfulfilled. In painful contrast to the fresh leaves of tea that they pluck in the scenic hills up in Manjolai, the lives of the Tea Estate labourers remain as barren as a desert. The deceased workers were employed at the Bombay Burma Trading Corporation’s (BBTC) tea estates in Manjolai. Manjolai labourers massacre or Thamirabarani massacre of 23 July 1999 was the death of 17 Dalit labourers, including two women and a two-year- old child, when they got into the river to escape Tamil Nadu Police lathi-charge. Public were going in procession to Tirunelveli Collectorate to submit a memorandum demanding wage settlement for the tea plantation workers of Manjolai estate. An altercation between the police and the marchers resulted in a lathi charge by police. When the marchers ran helter-skelter, many fell into the river and died.Human Rights Watch condemned the brutal police attack and killing of Dalit tea plantation workers

THE SIGNIFICANCE OF COMMERCIAL LAW CONTRACTS IN THE NEW ECONOMIC REALITY

<p>Commercial law contracts, whether named or unnamed contracts, represent the legal basis for the economic development of any country. Their specificity, on the basis of which they are receptive and in conjunction with institutions of higher education, the economy and government at any level, is reflected in the fact that the obligation contracts are mainly of a dispositive legal nature and as such allow the contracting parties to freely regulate their legal relations, rights and obligations in accordance with the law. The countless possibilities offered by commercial contracts as legal instruments such as: license contract, franchising contract, leasing contract and to a certain extent factoring and forfeiting contract, which although in a certain way are distinguished as banking transactions or Banking Law transactions, are certainly the transfer of the right to use industrial property, the use of movable and immovable things through a leasing contract, without the transfer of ownership rights, and the franchising contract as a combined sui generis contract, they contribute to economic development by making savings when acquiring means of production, without realization of ownership rights. In this paper, all methods that could contribute to its better quality will be used. Primarily referring to the methods that are characteristic of social research, in which scientific description and content analysis (with synthesis) will be distinguished, then inductive-deductive, historical and comparative analysis.</p>

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor's property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

A matheuristic for a multi-period three-echelon network design problem with temporary capacity acquisition

This study addresses a three-echelon network design problem that determines the location and size of new warehouses, the removal of company-owned warehouses, the inventory levels of multiple products at the warehouses, and the assignment of suppliers as well as customers to warehouses over a multi-period planning horizon. A distinctive feature of our problem is that new warehouses operate with modular capacities that can be expanded or reduced over several periods, the latter not necessarily having to be consecutive. Moreover, in every period, the demand of a customer for a given product has to be satisfied by a single warehouse. The problem arises in the context of warehousing-as-a-service, a business scheme that offers flexible conditions for temporary capacity leasing. The associated fixed warehouse lease cost reflects economies of scale in the capacity size and the length of the lease contract. We develop a mixed-integer linear programming formulation and propose a matheuristic to solve this problem, which exploits the structure of the optimal solution of the linear relaxation to successively assign customers to open warehouses and fix other binary variables related to warehouse operation. Additional variable fixing rules are also developed, based on a scheme for managing inventories at warehouses and using the product quantities provided by suppliers. Numerical experiments with randomly generated large-sized instances reveal that the proposed matheuristic outperforms a general-purpose solver in 74% of the instances by identifying higher quality solutions in a substantially shorter computing time.

Aktivitas Sukuk Ijarah Rasulullah, Masa Khulafa Ar-Rasyidin Masa Dinasti Umayyah pada Masa Dinasti Abbasiyyah

Sukuk is a long-term security based on sharia issued by the issuer to sharia loan holders, which requires the issuer to pay the sharia loan holder's income in the form of profit sharing/margin/premium and repayment of interest funds at maturity. This statement is the definition of sharia bonds according to the National Sharia Council (DSN) No.32/DSNMUI/IX/2002. In Indonesia, according to the fatwa issued by the National Sharia Council, one of the types of sukuk is ijárah sukuk. Ijárah sukuk is financing that uses the ijárah contract system, or securities containing financial contracts based on sharia principles, which are issued by the issuing corporation, government or other institutions which require the sukuk issuer to pay a certain amount of compensation to the sukuk owner.rent out property and pay off family fixed assets on time. There are three parties involved in the sukuk ijárah contract. These contracts are investment contracts, namely between investors (sukuk holders) and special purpose vehicles (SPV) or collective investment contracts, sale and purchase contracts between SPV/KIK and suppliers or sellers of assets (goods), and lease contracts (ijárah) or sale and purchase contract. purchase between SPV/KIK and company or property tenants. Issuing sukuk in the capital market requires preparation for sukuk issuance.

Analysis of Buying, Selling, and Leasing Virtual Land in the Metaverse: A Perspective from Sharia Economic Law

This research aims to analyze the position of virtual land buying, selling, and leasing practices using cryptocurrency in the metaverse from the perspective of Islamic economic law. This study uses a descriptive analysis method with a normative juridical approach and data analysis techniques through three stages of analysis: focusing the data, presenting the data, and drawing conclusions. The research found that the practice of buying, selling, and leasing virtual land in the metaverse is permissible because it meets the conditions and pillars of a valid contract. The transactions carried out involve intangible assets, namely virtual land and cryptocurrency. In these transactions, there is an expansion of the object of the ijarah (lease) contract, which typically involves the benefit of tangible objects or assets but can also include the benefit of intangible objects or assets, provided that the intangible asset requires another object (a tangible object) or a process that enables the asset to have utility, thus fulfilling the purpose of the contract in accordance with the principles of muamalah maliyyah (financial transactions). The development of the object of the ijarah contract is a scientific contribution to the development of Islamic economic law theory. Therefore, further research is needed on the status of intangible assets as objects of contracts to explore their benefits and legal status in accordance with Sharia principles.

Akad dan Peranannya Dalam Transaksi

Akad is a statement of intention and will of both parties or more for a muamalah activity such as buying and selling, leasing, representation or pawn with the aim of establishing the pleasure of both parties and causing legal consequences on the object of the contract. An agreement is defined as an agreement between two or more parties involving the exchange of property or services, and in which the parties mutually agree on certain terms. Akad can include various types of agreements, ranging from buying and selling, loans, leases, to business cooperation. Akad can also be in the form of a transaction or agreement between someone (who submits) and another person (who receives) for the implementation of an act, such as a sale and purchase contract, a lease contract, and a marriage contract

أثر الحرب الأخيرة في السودان 2023 على المعاملات المالية في عقدي الإيجار والعمل

The study aimed to identify the negative impacts of the recent war in Sudan, which broke out on April 15, 2023, on the execution of financial transactions for rental and employment contracts. It then presented a vision for addressing these impacts in light of the theory of unforeseen circumstances. The researcher employed a descriptive-analytical approach, and the sample consisted of dozens of relevant studies, reports, and statistics. The study consisted of an introduction, four chapters, and a conclusion; Chapter 1 discussed the negative impacts of the war, Chapter 2 addressed the financial transactions related to rental and employment contracts during the war, Chapter 3 presented some alternative procedures for executing contracts during the war, and Chapter 4 discussed the applications of the theory of unforeseen circumstances for executing contracts during the war, The study concluded by highlighting the catastrophic impact of the war on various aspects of life, including the obligations of the parties to rental and employment contracts. It also revealed the shortcomings of current Sudanese laws in dealing with the changes resulting from the war, leading to the loss of legal rights and obligations of the parties to the contracts.Based on the findings, the researcher recommended making legal amendments to ensure the stability of financial transactions in rental and employment contracts in times of emergencies. The researcher also presented proposals for resolving disputes through settlement procedures and activating the use of the theory of unforeseen circumstances to mitigate the negative impacts of the war, ensuring the protection of rights, and promoting justice and fairness in Sudan. Keywords: The impact of wars, the Republic of Sudan, financial transactions, lease and work contracts, the theory of emergency circumstances هدفت الدراسة إلى التعرف على الآثار السلبية الناجمة عن الحرب الأخيرة في السودان التي اندلعت في 15أبريل 2023 على تنفيذ التعاملات المالية لعقود الإيجار والعمل، ثم تقديم رؤية لمعالجة هذه الآثار في ضوء نظرية الظروف الطارئة، واستخدم الباحث المنهج الوصفي التحليلي، وتمثلت العينة في عشرات الدراسات والتقارير والإحصائيات ذات الصلة وتكونت الدراسة من مقدمة وأربعة مباحث وخاتمة؛ تناول المبحث الأول: الآثار السلبية للحرب، وتضمن الثاني: التعاملات المالية المتعلقة بعقود الإيجار والعمل خلال الحرب، فيما قدم الثالث بعض الإجراءات البديلة لتنفيذ العقود خلال الحرب، وتضمن الرابع تطبيقات نظرية الظروف الطارئة لتنفيذ العقود خلال الحرب، وانتهت الدراسة بخاتمة؛ بينت الأثر الكارثي للحرب على مختلف جوانب الحياة، ومنها التزامات أطراف عقدي الإيجار والعمل، كما كشفت قصور القوانين السودانية الحالية في التعامل مع التغيرات الناتجة عن الحرب، وبالتالي ضياع الحقوق والواجبات القانونية لأطراف العقود، بناء على النتائج أوصى الباحث بإجراء تعديلات قانونية لضمان استقرار المعاملات المالية في عقدي الإيجار والعمل في ظل الأزمات الطارئة، كما قدم الباحث مقترحات لمعالجة النزاعات بإجراءات تسويات وتفعيل استخدام نظرية الظروف الطارئة للتخفيف من حدة الآثار السلبية للحرب، وبما يضمن حماية الحقوق، وتعزيز العدالة والإنصاف في المجتمع السوداني. الكلمات المفتاحية: تأثير الحرب، جمهورية السودانية، المعاملات المالية، عقود الإيجار والعمل، نظرية الظروف الطارئة.

부동산 중개사고 예방을 위한 실증연구

This study aims to recognize the seriousness of real estate brokerage accidents that may occur in real estate leasing contracts and to identify important factors that can be prioritized to prevent them. To prevent this from happening, let's take a look at the types of real estate brokerage accidents and how they occur, as well as the current state of lease damage. Then, based on the factors selected from government policies, reports, papers, and 1:1 in-depth interviews with experts, we prioritized the factors that are important to prevent real estate brokerage accidents in real estate lease contracts through the Analytical Hierarchy Process (AHP). The results of the analysis showed that the following steps were taken: researching and verifying the seniority of the security deposit and the date of occupancy for multifamily housing units, checking the seniority rights, checking and notifying the availability of a return guarantee for the security deposit, verifying the owner (trust property, registered owner), and checking the status of the property with public records (also checking the status of the building). The results of this study will be used as a basis for preventing real estate brokerage accidents when signing real estate leases to establish transaction order in the real estate market.

2023년 민사소송법 중요 판례 평석

This paper examines key civil procedure and execution law rulings issued by the Supreme Court in 2023. We analyze seven significant civil procedure precedents, focusing on: 1. Exclusive international jurisdiction agreements, 2. Ratification of objections and compulsory mediation, 3. Lease contract requirements and enforcement, 4. Protection by provisional seizure: Non-existence and cessation of prescription, 5. Causal relationship and burden of proof in medical malpractice, 6. Reconciliation replacement and res judicata in claim objection lawsuits, 7. Preservation of public property and cancellation registration lawsuits. Each precedent is categorized, summarized by facts, rulings of lower courts and the Supreme Court, with analysis of relevant law and the author's perspective. While some rulings involve international private law, civil law, or commercial law aspects, these are addressed only if relevant to civil procedure. The paper also briefly reviews four major rulings on civil execution law: 1. Indirect coercion, incidental obligations, and claim objection, 2. Execution claim seizure after full order service and its effect, 3. Public notice procedure violation and auction effect, 4. Distribution objection and lawsuit succession. Additionally, a section on “Other Civil Procedure Act Precedents” highlights notable rulings due to space constraints. While not exhaustive, this analysis aims to be a valuable resource for future civil procedure research.

The Colorado State Government ‘Reduce Our Footprint’ initiative

During the COVID-19 pandemic, the State of Colorado embarked on a state-wide initiative to reduce the State’s physical space called ‘Reduce Our Footprint’. This initiative included 21 state departments and agencies under the Governor’s purview and was led by the Colorado Department of Personnel and Administration. The Reduce Our Footprint initiative implemented a series of strategies built on the widespread use of remote and hybrid work as well as the opportunity to consolidate space, which supports employee desires for more flexible work options and saves money. Strategies included: comprehensive space needs analysis; state portfolio investment; lease contract and process improvements; unused and underutilised asset deployment; organisational changes; and new legislation. Since the beginning of the pandemic, the Reduce Our Footprint initiative reduced state-owned and private-leased space by over 350,000ft2. This represents about a third of the initiative’s 1mft2 goal, which has the potential to save more than US$20m a year.

House Owners – Tenants – Lodgers: The Topography of Tenement Houses in Medieval Prague

The phenomenon of tenement housing in medieval Prague is as yet understudied. This study attempts to outline the character of tenement housing on the basis of extant written sources from the fourteenth and fi fteenth centuries using an interdisciplinary perspective and the prism of four select themes: 1. contracts of lease; 2. the town house and its layout from the viewpoint of history and construction history; 3. analysis of Old Town tenement books for 1427 and 1429; 4. the social structure of inhabitants of an average Prague house using the example of three persons: the owner, the tenant-conventor, and the lodger-inquilinus. It appears that the Prague agglomeration being the centre of the Czech lands and the residence of the ruling Luxembourg dynasty, it was an exclusive urban centre in which only the members of the urban upper and upper-middle classes could aff ord to own a house. Small craftsmen and tradesmen had to rent their living space and workspace. The metropolis experienced a construction boom throughout the fourteenth century. Building lots were much more densely covered and dozens of new houses appeared built for the purpose of tenement housing (as opposed to being the residence of the owner). It is clear that this development had a signifi cant impact on the architecture and urban structure of the medieval city.

РОЗМЕЖУВАННЯ ВІДПОВІДАЛЬНОСТІ МІЖ ОРЕНДОДАВЦЕМ ТА ОРЕНДАРЕМ ЗА ЗАБЕЗПЕЧЕННЯ ПОЖЕЖНОЇ БЕЗПЕКИ

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.

Exo- and endogenous factors of the development of organic production in ukraine

The article examines the restraining factors of the development of organic production in Ukraine. Two blocks of the main restraining factors that negatively affect the development and implementation of organic production are defined and summarized. Among the exogenous factors, the full-scale invasion of the aggressor country into Ukraine, as well as the price of organic products on the international market, are singled out. Endogenous restraining factors include legal, socio-economic, environmental, material and technical factors, as well as the irregularity of the lease model. It was determined that at the moment there is no clearly formed system of certification, standardization and labeling of organic products in Ukraine, but there are a number of legal acts, the norms of which create the basis for the development of the organic sphere. The legal, socio-economic, ecological and material-technical problems that restrain the development of organic production in Ukraine are identified and analyzed. It was determined that the existing system of land relations is built on the basis of a lease, and the production of organic products under lease conditions is risky, since a short-term lease contract is economically unprofitable for organic producers, because it is more aimed at the personal economic benefit of the owner of the land plot than the interest of the tenant in a good harvest. Another endogenous factor that restrains the development of organic farming in Ukraine is the manner in which the suitability of land plots for the production of organic products is established.