On Some Issues of Alienation of the Right to Lease Land

Abstract

The article gives a legal description of the grounds for the alienation of the right to lease land on the basis of civil and land legislation. The authors analyze the legal basis for the transfer of lease rights and obligations under lease agreements to third parties as an independent property right, substantiate the criteria for evaluating lease rights in contracts for the alienation of these rights. The article notes the exceptional importance of special rules in regulating the turnover of property rights as an independent object of civil law transactions. It was revealed that the specifics of the legal regulation of land lease is that the main source of regulation is not the law, but the contract. The lease agreement must contain data that make it possible to definitely establish the property to be transferred to the tenant as an object of lease. In the absence of these data, the contract is considered not agreed by the parties and not concluded. The topic under study emphasizes that in complex legal situations it is necessary to rely on the fundamental provision that property relations, possession, use and disposal of land, as well as transactions with land use objects, are regulated by civil law, and special rules provided for by land legislation should not contrary to civil law. The authors note that the peculiarity of the legal regulation of the lease agreement is that the general provisions governing lease relations are enshrined in civil law, and the features of the lease of land are regulated by land law. As a result, due to dual legislation, contradictions arise between the norms of the Land Code and the Civil Code.