MONETARY OBLIGATIONS UNDER THE FINANCIAL LEASING CONTRACT

Abstract

The article examines monetary obligations arising on the basis of a financial leasing contract. The main attention is focused on leasing payments, their essence, form, periodic nature, composition and correlation with other types of payments under the financial leasing contract. The author defends the position that leasing payments can only be paid in monetary form. Therefore, the financial leasing contract always provides for the emergence of monetary obligations in terms of payment of lease payments by the lessee. The point of view about the expediency of enshrining in the legislation the norm regarding the periodic nature of leasing payments is expressed. This will correspond to the economic essence of leasing as well as will be consistent with the legislative position regarding the assignment of the schedule of payment of leasing payments to the essential terms of the financial leasing contract. The author emphasizes the need to more clearly regulate in the legislation of Ukraine the issue of the composition of leasing payments and their correlation with other types of payments that the lessee is obliged to pay in favor of the lessor. It is advisable to solve the issue of the composition of leasing payments based on the fact that their legal nature consists in payment for the granted right to use the leased object, and also, if the contract provides for the lessee to acquire ownership of such object, in full reimbursement of its value (if the contract provides for automatic transfer of ownership of the leased object to the lessee after the termination of the contract) or partially (if the contract provides for the repurchase of the leased object by the lessee at the residual value). The author proceeds from the fact that leasing payments are the main type of payments in leasing relations, which act as an equivalent for the benefit that the lessee receives – the right to use the leased object during the term of the contract, as well as, if it is provided for by the terms of the contract, – acquire this property. Lease payments are a mandatory type of payments under a financial leasing agreement. In contrast, all other types of payments (commissions, reimbursement of insurance costs, repairs, etc.) are additional in nature, their presence is not mandatory in leasing relations.