MAKSUROV A. A.

Author(s): Maksurov A. A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2025-1-62-70

Release: 2025-1 (45)

Pages: 62-70

Keywords: lease, tenant, public property, pre-emptive right, protection of competition, preliminary agreement, subject of proof

Annotation: The subject of this study is the specifics of the tenant’s realization of his pre-emptive right to conclude a lease agreement for a new term. The author examines the issues of the relationship between civil legislation on lease and legislation on the protection of competition (competition law). The author proposes to consider five special aspects of the implementation of the pre-emptive right by the tenant of public property from the point of view of clarification and interpretation of the provisions contained in the legislation. The article emphasizes that the specifics of provid- ing publicly owned property to a private law entity under lease terms are determined by the very purposes of using public property, expressed in the need to coordinate (harmonize) state and public interests of public and private principles. The main method for preparing the article was the method of system analysis, the application of which was facilitated by the techniques of formal logic and generalization of legal practice. Based on the results of the study, the author proposes possible changes to the civil legislation aimed at protecting the interests of the tenant in connection with the implementation of his pre-emptive right to conclude a lease agreement with him for a new term. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Maksurov A..A.. MAKSUROV A. A. // Journal of Legal Sciences. – 2025. – № 1 (45). – С. 62-70. doi: 10.21777/2587-9472-2025-1-62-70