We share a digest of the judicial practice of the Supreme Court in cases related to land lease agreements.
The digest contains hundreds of the most important legal positions from the land lease agreement formed by the Grand Chamber of the Supreme Court, the Commercial Court of Cassation, the Civil Court of Cassation and the Administrative Court of Cassation as part of the Supreme Court for the period of work from 2018 to 2021.
The digest makes it possible to understand and apply the main legal approaches of the Supreme Court to solving problems that arise in judicial practice, in particular, regarding:
● peculiarities of the legal status of lessors, lessees, sublessees;
● evaluation by the court of the essential conditions of the land lease agreement, in particular regarding the rent, the normative monetary valuation of the land plot, the purpose of the land plot, the term of the contract, and the application of the principle of freedom of contract;
● peculiarities of concluding private, state and communal land lease agreements, all other stages of the development of contractual relations: changes, termination and termination of the land lease agreement. Special attention is paid to legal disputes on the renewal and extension of the land lease agreement;
● liability in contractual and non-contractual land use obligations, application of sanctions under the land lease agreement, collection of funds for the actual use of the land plot without concluding a lease agreement;
● peculiarities of land lease by farms, as well as determination of the VP of the Supreme Court of the appropriate jurisdiction of disputes arising from land lease agreements by farms;
● topical issues of protection of public interests by the bodies of the State Geocadastre, the prosecutor's office in relations related to land lease.
In addition, the digest focuses on relations with land management when concluding a land lease agreement, state registration of the right to lease a plot of land, and a land lease agreement.
The Digest will be useful to judges, lawyers, lawyers, academics, and anyone interested in practical issues related to land lease agreements.