Lease contract in Ukraine


Lease contract in Ukraine. Lease legal relationships in Ukraine are regulated mostly by the Civil Code of Ukraine, namely by clauses 731 to 743 of the same.

Clause 731 of the Civil Code of Ukraine provides that on the grounds of the lease contract one of the parties (the lesser) transfers the title and property rights related to the property to the other party (the lessee), and the lessee undertakes to pay at regular intervals the lease payments in certain money amount or in other form. The lease contract also can establish perpetual obligation to pay the lease payments or to do so regularly within certain period of time.

Another very important aspect is the form required for the lease contract. Clause 732 of the Civil Code of Ukraine provides that the lease contract is to be made in the written form and notarized, and the lease contract, which provides transfer of the real estate also requires state registration as well (and accordingly the title of property appears in this case at the moment of state registration of the same, but not at the moment of signing and notarization of appropriate legal document).

In this regard also should be mentioned that in order to notarize a contract or agreement or other document and make subsequent state registration of the same, if required, a non-resident:

- natural (private) person is to have the personal Ukrainian tax number. This tax number has every Ukrainian citizen of the full age and the number is used to tax income, which is collected in Ukraine. Therefore if it is planed to make in Ukraine a contract or agreement, which requires notarization and state registration in Ukraine, a person (mostly non-residents of Ukraine) have to take care in advance of getting such tax number in Ukraine. Our Law Firm can get this tax number for you in advance.

- corporate entity is to submit the required bylaw documents and appropriate references both duly legalized for use in Ukraine (apostille or consular legalization is required and translation into Ukrainian language as well).

However there are a lot of other important lease clauses in the Civil Code of Ukraine, other Ukrainian laws and bylaws and rather extensive court practice as well.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.

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