The paper presents a study of modern aspects and the legal regime of leasing land plots in the Russian Federation that are in public (federal, owned by the Subjects of the Russian Federation, ...municipal) ownership, since currently in Russia, the lease of land plots that are in public ownership is the most common way of using land plots. The study was conducted in order to identify modern aspects and the legal regime of leasing public land plots for subsequent practical application by tenants and landlords. To achieve this goal, an analysis of the main regulatory legal acts currently in force in Russia regulating the provision of land plots for lease for various purposes is carried out. The significance of the study lies in the fact that, despite the constant improvement of the mechanism for granting land plots for rent, the procedures for granting land for rent are contained in many regulatory legal acts and often have gaps in legal regulation associated with constant changes in these regulations. As a result of the study, it is concluded that the general procedure for concluding a lease agreement for a land plot that is in public ownership is regulated by civil and land legislation, taking into account regional and local regulatory legal acts, as well as regulatory legal acts adopted by regulatory authorities in this area independently. Previously, this body was the Ministry of Economic Development of the Russian Federation, and since 20.01.2020 – Rosreestr, which for 2020-2021 adopted more than 20 regulatory legal acts that are important in the design of land lease agreements. The results of this study are recommended to be taken into account in their activities by legal entities and individuals who use the procedures for leasing land plots that are in state or municipal ownership.
U ovom radu autori analiziraju posebnosti ugovaranja u poslu leasinga plovila u Republici Hrvatskoj u usporedbi s drugim pokretninama. Ovo istraživanje usredotočuje se na poslovnu praksu, odnosno ...opće uvjete poslovanja kao dio ugovora o leasingu plovila u kontekstu trgovačkopravnog procesa. Autori, takoðer, analiziraju različite pristupe leasing društava s obzirom na specifičnosti plovila, kao objekta leasinga, koji putem općih uvjeta poslovanja odreðuju specifična prava i obveze davatelja i primatelja leasinga. Kritički se razmatraju različita rješenja koja su propisana putem općih uvjeta poslovanja leasing društava u Republici Hrvatskoj. Kako bi se potpuno analizirao doseg ugovornih strana u procesu ugovaranja, prethodno je potrebno općenito analizirati pravni okvir ugovaranja leasinga.
El desequilibrio contractual aún imperante en el Derecho privado se manifiesta de una manera muy fuerte en el clausulado de los contratos de leasing habitacional, pues el locatario debe asumir ...cargas desproporcionadas que no le corresponden, con tal de lograr el codiciado préstamo que le permita brindarle a su familia una solución de vivienda. Así, debe asumir los costos derivados del registro de la adquisición del inmueble, cuando el titular del Derecho de propiedad será el locador, es decir, la entidad financiera; también debe asumir en su totalidad los costos de las pólizas que protegen la integridad física del inmueble, quedando como beneficiaria en un 100 % la entidad financiera, que no aporta en ningún caso el 100 % de los recursos para la adquisición del bien; es decir, en caso de materialización del riesgo amparado la entidad financiera recibe el 100% del pago deducible, cuando para la adquisición del mismo no afrontó el valor total ni asume los pagos de las pólizas. Estas situaciones desequilibradas son soportadas por el locatario de manera pacífica, pues de otra forma el crédito le sería negado; el escrito a continuación analiza la presencia de cláusulas abusivas en contratos de leasing habitacional hoy en día.
•Informal tenancy is widespread across the study area.•Two types of tenancy arrangements dominate: 1) fixed-rate rental, 2) sharecropping.•There is scant awareness about legislative provisions on ...agricultural tenancy.•Without documentation lessees failed to get any agricultural facility or subsidy.•Women have very limited access to leasing market both as lessee and lessor.
Agricultural land leasing was legally prohibited in India after independence due to its exploitative nature towards the poor tenants. But as a result, large number of landless households started depending on informal land leasing. A qualitative study was carried out during January–March of 2018 in nine agro-climatic zones of Uttar Pradesh, a populous state in northern India, to analyze the current situation of agricultural land leasing. The study found that informal land leasing system is practiced extensively throughout the state. Land is generally rented either under fixed-price rental agreement or under sharecropping agreement. In areas where commercial agriculture is practiced, land is generally leased in by affluent lessees from small landowners under fixed-price rental agreement. On the other hand, in areas where agriculture is practiced for survival, land is leased-in by poor lessees from upper caste, affluent landowners under sharecropping arrangement. Very little awareness was found among both lessors and lessees concerning legislative provisions on agricultural tenancy. As no formal documentation regarding leasing agreement is made, lessees failed to access various benefits provided by the government to the farmers - including agricultural subsidy, agricultural credit and insurance, minimum support price for agricultural product. The study found that women were categorically excluded from the leasing market by their own families, society and government institutions. Women are not generally given land on lease by landowners, they do not get agricultural credit from the banks on their own, and they face security threat from their respective families if they themselves want to lease-out agricultural lands which are in their names. The study acknowledges the need for formalization of leasing agreement, making pro-women and pro-poor leasing policies, and sensitization of public officials in this regard.
The article analyzes the diverse aspects of determining the economic content of leasing as an integral form of entrepreneurial activity, which includes rental, credit and investment relations. It is ...noted that in the functional aspect, leasing is an institution that provides technical re-equipment of enterprises and acceleration of scientific-technological progress through direct investments in material and financial forms. It is underlined that leasing has a complex triple basis and contains simultaneously elements of a trade agreement, investment and lease forms of activity, which are closely combined and interact with each other, forming a novel economic and legal form of entrepreneurial activity. At that, the right to use the property is separated from the right to own it. In some cases, after the expiration of the lease term, the lessee’s right to purchase the object and the ownership of it may be provided. It is shown that the functioning of leasing as an independent type of entrepreneurship is based on the possibility of dividing the components of ownership into two constituents – the use of the object (its use in accordance with the purpose and with the aim of generating income) and the right of absolute property of the person. At that, too, leasing is considered as one of the mechanisms for overcoming the crisis in the economy and improving the investment climate. It is substantiated that the further development of the leasing business requires improvement of leasing mechanisms and the further, more complex schemes for fulfilling the agreements, since leasing relations are a special type of financial relations, the specificity of which is that leasing is used, first of all, as a form of investment financing, contributing to an increase in the economic potential of both individual economic entities and the leasing services market in general. A refined definition of leasing as an independent, system-forming, integral, economic and legal form of entrepreneurial activity is proposed, including a whole range of economic relations – investment, credit, rental, and trade.
The article examines the legal aspects of financial leasing management, emphasizing the role of leasing companies with subjects of leasing transactions within the legal space. For the purposes of ...ensuring a stable quality level of leasing services, a reference financial leasing agreement is proposed. The legal practice of regulating leasing activities in Russia is described. Legal terms relevant to the leasing market of Russia and the main forms of leasing are considered. The author believes that this will have a positive impact on the scale of the leasing market and will make leasing one of the drivers of economic growth.
Leasing instead of purchasing scientific instruments is an economic option for academic core facilities to stay technologically ahead and competitive with predictable, consistent costs.
The article is aimed at researching the current state of the leasing services market in Ukraine, identifying problems and prospects for its further development. It is defined that leasing is a very ...promising direction of economic activity, which facilitates the improvement of financial conditions in the country. The article considers the peculiarities of foreign experience in leasing activities and the functioning of the global leasing market. The indicators on the state and development of financial companies and lessors in Ukraine are analyzed, which leads to a conclusion about their positive dynamics. It is determined that today the level of leasing use in Ukraine remains low and is in the process of development, so it requires detailed consideration and analysis. The advantages of financial leasing as an investment instrument, as well as problems and obstacles that slow down the development of leasing activities in Ukraine are presented. Given that leasing activity in Ukraine is under development, there are many urgent problems, which include: imperfection of Ukrainian legislation; the unformedness at the national level of leasing development policy; stiff system of taxation of leasing operations; low demand for domestic goods; low solvency of all categories of consumers; poorly developed subleasing; non-compliance with international standards; low financial stability of lessors; dependence of leasing companies on credit funds from banks; vague regulation on the part of the State, etc. Methods of problem solving are provided that will contribute to improving the functioning of leasing activities and stimulating its development. It is defined that in order to use financial leasing as an innovative instrument for modernizing the country's economy, provision of the State support is necessary.
The article proposes a method for assessing the efficiency of leasing operations in the case of an annuity scheme for calculating leasing payments, which is based on comparing leasing with loan that ...is close in terms of economic essence to the method of financing real investments. This approach is often used by leasing companies and other participants in the leasing market in the United States when assessing the efficiency of leasing agreements. In the development of mathematical instrumentarium, the authors took into account the peculiarities of taxation and the functioning of all parties to leasing contracts in Ukraine and the current legislative and other regulatory documents in this area. This approach to assessing the efficiency of a leasing agreement is based on the fact that two cash flows, payments on which occur at different points in time, will be considered equivalent if their current values (or accrued amounts) calculated at the same discount rates turn out to be equal. In determining the discounted value of cash flows under the leasing agreement, it was taken into account that leasing payments, in addition to the minimum rental payments, also include the cost of services payable to the lessor, taxes and unforeseen leasing payments. Thus, if the present value of the company’s cash flows during leasing is greater than the present value of the cash flows of the same enterprise taking a loan, then it can be stated that the purchase of equipment through credit borrowings will be more profitable for the enterprise. Conversely, if the present value of the company’s cash flows during leasing is less than the present value of the cash flows of the same enterprise taking a loan, then the cost of equipment obtained through leasing will be lower compared to the purchase through loaning, and therefore it is more expedient for the enterprise to stick with the leasing agreement.
Photovoltaic Poverty Alleviation (PVPA) projects, which utilize the subsidies and income from PV power to alleviate poverty in rural areas, are part of a comprehensive energy policy innovation in ...China. It is expected that the projects will deploy at least 10 GW PV and benefit more than two million poor households in total by 2020. To achieve this goal, specific supporting policies and novel business models are necessary. In the present paper, the current status and existing supporting policies are introduced to give an overview of PVPA projects. Then representative business models in PV projects are summarized and compared to provide a reference for PVPA projects. Obstacles, such as subsidy delays, insufficient infrastructure, low quality of PV equipment, and inflexible profit allocation mechanism may reduce the revenue from PV operation and increase the costs of PV deployment. Therefore, this paper also proposes corresponding recommendations for policy makers considering the existing challenges.
•The financial yield of Photovoltaic Poverty Alleviation (PVPA) is analyzed.•The major policies for PVPA and photovoltaic (PV) industry are summarized.•Novel business models for PV projects are analyzed and compared.•Challenges in PVPA are summarized and corresponding strategies are proposed.
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