RECOGNITION OF THE LAND LEASE AGREEMENT INVALID

 The issue of land lease is quite common, as it is the easiest way to implement your own plans. But the lease of land also causes a lot of difficulties and questions for the subjects of land relations, as the identified differences are resolved in court.

 According to the current legislation, land plots can be transferred to both individuals and legal entities.

 A land lease agreement is a transaction in respect of which the landlord is obliged to transfer the land for a fee, for use, possession, for a clearly defined period, and the tenant is obliged to use the land under the terms of the agreement in accordance with applicable law.

 In order to consider the land lease agreement valid, it is necessary to have the essential terms of the agreement:

• object of lease (namely, the available cadastral number, location and size of the land plot);
• term of the contract;
• rent (amount, indexation, method and conditions of calculations, terms, procedure for its payment and revision and liability for non-payment).

 By agreement of the parties, other conditions may be specified.

 A significant part of litigation is considered by the courts of first instance regarding the invalidation of lease agreements.

The grounds for invalidation of the contract are specified in the Civil Code, and the lease agreement is no exception.

 The first ground, if the contract violates the law (in the land lease agreement, with a purpose for agriculture, the tenant has no right to build on this land capital buildings, if the land lease agreement).

 The second ground, the right of legal capacity of the parties. A person should not be of limited capacity or incapable.

 The third ground, if the form of the contract is broken (there are two forms of the contract: the written form and the notarized contract).

 The fourth ground, if the order of expression of the will of the party is broken. This means that the person must prove that someone forced him to sign the contract, and such signing was against such a will.

 Fifth reason, the contract must be aimed at real consequences.

 V. V. Shevchenko rightly emphasizes the contradictions in the understanding of the termination of the land lease agreement regarding the use of land for other purposes. After all, the lack of any work on the use of land for its intended purpose - understand the term "use of land for other purposes." Thus, the extension of the above term is extended to cases involving abstention from any use of land.

 Thus, if the parties in the lease of land incorrectly stated its purpose, it may be grounds for invalidation of the agreement, because it was concluded without complying with the provisions of Art. 203 of the Civil Code of Ukraine of the general requirements necessary for the validity of the transaction. In particular, the content of the transaction in this case contradicts the act of civil law. However, if the parties do not mention in the contract the purpose of the leased land, ie do not specify the relevant essential conditions, then such an agreement will not give rise to legal consequences for its conclusion.

 The current legislation provides for the procedure for concluding a land lease agreement, respectively, the conclusion of a land lease agreement is carried out by agreement of the parties.

 Thus, the recognition of the agreement as invalid, due to the fact that the lease agreement did not have one of the essential conditions of such an agreement - the landlords used this method of protection in order to be able to return the land. Lease relations are quite complex, due to the rules of law, rather than the number of essential conditions that give grounds for the extension of such an agreement. Therefore, a significant reduction in the list of significant conditions will be considered in the future as a need to improve the legislation on rent.