Some Issues of Implementationof the Rental (Lease) Agreement

The article studies the theoretical and practical problems of legal regulation of the implementation of the rental (lease) agreement of a vehicle. The severance of implementation as an independent stage of an agreement obligation is proved. The conditions, types, parties and the form of the rental (lease) agreement of the vehicle are also investigated. The necessity of allocating in separate contractual constructions of regulation of relations concerning the rent of the aircraft, the sea vessel, the river vessel, railway transport and city electric transport is argued. It is proposed to improve the legislative provisions to eliminate the ambiguous application of the law concerning the form of the rental (lease) agreement of a vehicle. The article substantiates the proposals to improve the provisions concerning the rights and obligations of the parties of the agreement, vehicle insurance, conditions for payment for the use of the vehicle, the expiration of the agreement, etc. The mechanism of implementation of the rental (lease) agreement of the vehicle is specified, namely: the necessity of documentary registration of the fact of acceptance-transfer of the vehicle under the rental (lease) agreement is grounded; it is specified that from the moment of signing of the act of acceptance-transfer the rental (lease) agreement of the vehicle is terminated; the inadmissibility of replacement of the rental (lease) agreement of vehicles by labour legal relations with the crew is proved; the appropriateness of replacing the imperative of the provision on vehicle insurance is argued; it is specified that rental (lease) agreements of the vehicle with participation of individuals – the businessmen should be concluded on the general bases. Reasoned expediency to remove the provisions on this type of agreement - the rental (lease) agreement of a vehicle with a crew - as those that do not meet the purpose of the rental (lease) agreement and modern tax rules for unification and harmonization of private law in Ukraine, and as a consequence, recodification of the Civil Code of Ukraine