IN Lately legislation on leasing activities suffered significant changes. The amendments made to the Leasing Law clarify many controversial issues, which arose earlier when concluding a leasing agreement, and allow for more efficient use of the leasing mechanism in work Russian enterprises. Now financial director can confidently consider leasing as one of the effective tools economic activity enterprises.

To begin with, let us note the most important changes, which have been introduced into leasing legislation recently.

The Federal Law of October 29, 1998 No. 164-FZ “On Financial Lease (Leasing)” (hereinafter referred to as the Law on Leasing)1 was brought into conformity with the Civil Code of the Russian Federation.
Leasing is excluded from the list of licensed activities 2.
Financial lease (leasing) is classified as transactions subject to mandatory control (subclause 5, clause 2, article 6 of the Federal Law of 07.08.01 No. 115-FZ "On combating the legalization (laundering) of income received criminally"). Leasing transactions for an amount equal to or exceeding 600,000 rubles are subject to mandatory control by the Committee for financial monitoring(Clause 1, Article 6 of Law No. 115-FZ).
Let us now take a closer look at the changes made to the Leasing Law.

Provisions that contradict current legislation are excluded

The terms and definitions used in the Leasing Law have been clarified, which allows one to avoid “terminological” confusion and get a clear idea of ​​the essence of leasing. A new definition of leasing is given, as well as the concepts of “leasing agreement” (instead of a leasing transaction) and “leasing activity”.

Provisions that conflict with the norms are excluded tax legislation: determination of the structure of the leasing payment, the composition of the lessor’s remuneration, income and profit of the leasing company3. Thanks to this, contradictions between leasing legislation and tax legislation have been eliminated.

Provisions that contradicted the legislation regulating the activities of joint stock companies and societies with limited liability. Now the lessor has no right to order audits of the lessee’s activities and to participate without voting rights in general meetings founders and management bodies of the lessee.

The concept of operational leasing, which existed in the previous version of the Law on Leasing, has been excluded. With this form of leasing, the lessor was not obliged to purchase property for its subsequent transfer into possession and use. This form of leasing is legal nature was nothing more than a lease in the generally accepted understanding of the term. That is why tax authorities rightly challenged the legality of applying to operational leasing tax advantages provided to participants in the leasing agreement, applying penalties.

Several other fundamental points have also been changed, about which we'll talk below.

Leaseback is still possible

Although the Leasing Law does not contain the concept of leaseback, the same person can still act simultaneously as both a seller of equipment and a lessee (Clause 1, Article 4 of the Leasing Law). In other words, in in this case only the concept is excluded, but the implementation the specified procedure not prohibited. Thus, as part of a leasing transaction, an enterprise can sell, for example, its fixed assets to a leasing company and receive them for possession and use under a leasing agreement. After payment of all leasing payments, the property will again become the property of the enterprise. What does this give to the company?

The sale of property under a leasing transaction allows the company to receive working capital in the amount of the value of the property sold. Then the company receives this property into leasing, for which it pays leasing payments. It is natural that total amount leasing payments exceed the value of the property. However, the enterprise, using a leaseback scheme, solves the problem of obtaining additional funds. This scheme is similar to the procedure for an enterprise to obtain a bank loan secured by its property, but compared to a loan, a leasing transaction has a number of advantages4.

In addition, the company can receive financial benefits. So, other things being equal, lease payments may be less than loan payments. This is due to the fact that the leasing company has the right, without a license from the Bank of Russia, to receive long-term loans from non-residents of Russia (for example, from Western banks), and interest rates for using a loan in a Western bank are, as a rule, significantly lower than in a Russian bank5.

When can you terminate a leasing agreement?

The text of the Law on Leasing excludes provisions providing for the possibility of undisputed withdrawal by the lessor of the leased asset in the event of a violation by the lessee of the obligations assumed by him under the leasing agreement.

The property can be returned to the lessor if he agrees on this with the lessee. If such an agreement has not been reached, the lessor has the right to take back the property only if the contract is terminated. Current Russian legislation There are two grounds for termination of obligations in this situation: termination of the contract in judicial procedure and unilateral refusal to fulfill the contract (in cases expressly provided for by the contract). To clarify this issue, let us turn to arbitration practice relating to rent6.

Plenum of the Supreme Arbitration Court The Russian Federation clarified in its information letter7 the issues of termination of the lease agreement, and, consequently, the leasing agreement.

The largest number of disputes related to the early termination of a leasing agreement are due to violation of the terms of payment of lease payments. If rental (leasing) payments are not made more than two times in a row (after the expiration of the period established by the contract), then this is the basis for early termination rental agreement (leasing) (Article 619 of the Civil Code of the Russian Federation). In the information letter (clause 26), the court clarified that the parties have the right to provide in the agreement for the possibility of its early termination at the request of the lessor in the event of a one-time failure by the tenant to pay rent within the period established by the contract, payment of rent is not due in full, as well as in other cases of failure by the tenant to fulfill its obligations. Moreover, according to the court, if specified conditions included in the text of the contract, they may be the basis for unilateral refusal from the execution of the contract by the lessor (clause 27 of the information letter).

Overdue lease payments may be collected without dispute

In cases established by law or an agreement between the bank and the client, an undisputed (without the client’s consent) write-off of funds (in our case, the lessee’s funds) located in a bank account is allowed (Article 854 of the Civil Code of the Russian Federation).

In the new edition of the Law on Leasing this question specified (clause 1, article 12). Write-off of funds in an undisputed manner is allowed only within the limits of the amounts of overdue payments. It must be borne in mind that banks are extremely reluctant to unconditionally write off funds from the lessee’s account, delaying the process and giving the client the opportunity to transfer cash from the account. Therefore efficiency this method protection of the lessor's rights is significantly reduced.

The lease term may be less than the full depreciation period

The previous version of the Leasing Law provided that the validity period of the leasing agreement should be commensurate with the depreciation period of the property or exceed it. This formulation complicated the procedure for leasing property with long term depreciation (primarily this concerns real estate).

Now the Leasing Law does not contain any restrictions related to determining the period for which a leasing agreement can be concluded. However, if the leasing agreement is concluded knowingly short term(substantially less than the depreciation period of the leased asset), there is a risk that the transaction will be recognized as a sham as covering a purchase and sale transaction with installment payment, and therefore invalid. In this case, the use of tax advantages that a leasing transaction provides (the possibility of using an accelerated depreciation mechanism) will be considered unlawful.

In the same time arbitrage practice recognition of leasing agreements a sham deal is absent, which does not allow us to make an unambiguous conclusion about what term of the contract is sufficient to avoid the risks associated with recognizing the transaction as a sham. Considering that it is quite difficult to prove the sham of a transaction, in the author’s opinion, a contract term exceeding 50% of the full depreciation period of the property (taking into account its possible accelerated write-off) is sufficient.

Now you can include advances in the leasing agreement

Previously, according to the Leasing Law, the lessee could not be a creditor of the lessor within the framework of relations for a specific leased item, with the exception of leaseback (Article 9). This circumstance did not allow the inclusion of provisions on making advance payments in the leasing agreement, since the Civil Code of the Russian Federation classifies such payments as provision commercial loan in the form of an advance (clause 1 of Article 823 of the Civil Code of the Russian Federation). At the same time, most leasing companies require the lessee to make an advance payment in the amount of 20-30% of the cost of the leased item. Previously, this requirement was contrary to the Leasing Law, but now advances can be included in the leasing agreement, since Art. 9 is excluded from the text of the Law.

The amount of leasing payments can be revised no more than once every three months

Before changes were made to the leasing legislation, when reviewing the amount of leasing payments, the parties to the leasing agreement were guided by the Civil Code of the Russian Federation (Article 614), according to which they could carry out such a review no more than once a year. This complicated the work of both parties to the leasing agreement, since most of the agreements contained a clause on the lessor’s right to revise the amount of lease payments due to inflation, changes in the dollar exchange rate, etc., that is, the need for such changes arose more than once a year. New edition The Leasing Law establishes the right to review the amount of leasing payments no more than once every three months, unless otherwise provided by the leasing agreement (Clause 2 of Article 28 of the Law).

To summarize, we can say that with the introduction of amendments to the Leasing Law, many problems that hindered the development of leasing in Russia have been eliminated.

Federal Law dated October 29, 1998 No. 164-FZ “On financial lease (leasing)” (as amended dated January 29, 2002 No. 10-FZ)
Article 2. Basic concepts.....

... leasing is a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of the leased asset;

leasing agreement - an agreement under which the lessor (hereinafter referred to as the lessor) undertakes to acquire ownership of the property specified by the lessee (hereinafter referred to as the lessee) from a seller specified by him and to provide this property to the lessee for a fee for temporary possession and use. The leasing agreement may provide that the choice of the seller and the purchased property is carried out by the lessor;

leasing activity - type investment activities on the acquisition of property and its transfer to leasing.

Article 3. Subject of leasing

The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property that can be used for entrepreneurial activity.
The subject of leasing cannot be land and others natural objects, as well as property that is prohibited for free circulation by federal laws or for which it is established special order appeals.

Article 4. Leasing entities

Leasing subjects are:
lessor - an individual or legal entity who, at the expense of those involved and (or) own funds acquires ownership of property during the implementation of a leasing agreement and provides it as a leased asset to the lessee for a certain fee, for certain period and on certain conditions for temporary possession and use with or without transfer to the lessee of ownership of the leased item (as amended by Federal Law No. 10-FZ dated January 29, 2002);

lessee - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

seller - an individual or legal entity who, in accordance with a purchase and sale agreement with the lessor, sells to the lessor within a specified period the property that is the subject of leasing. The seller is obliged to transfer the leased item to the lessor or lessee in accordance with the terms of the purchase and sale agreement. The seller can simultaneously act as a lessee within the same leasing legal relationship.

Any of the leasing entities can be a resident of the Russian Federation or a non-resident of the Russian Federation.

Article 5. Leasing companies (firms)

Leasing companies (firms) - commercial organizations(residents of the Russian Federation or non-residents of the Russian Federation), performing in accordance with the legislation of the Russian Federation and with their constituent documents functions of lessors.
The founders of leasing companies (firms) can be legal, individuals(residents of the Russian Federation or non-residents of the Russian Federation).
A leasing company is a non-resident of the Russian Federation - a foreign legal entity carrying out leasing activities on the territory of the Russian Federation.

Leasing companies have the right to attract funds from legal entities and (or) individuals (residents of the Russian Federation and non-residents of the Russian Federation) to carry out leasing activities in established by law Russian Federation is ok.

Article 7. Forms of leasing

The main forms of leasing are domestic leasing and international leasing. When carrying out domestic leasing, the lessor and the lessee are residents of the Russian Federation. When carrying out international leasing, the lessor or lessee is a non-resident of the Russian Federation...

Chapter I. General provisions
Article 1. Scope of application of this Federal Law
Article 2. Basic concepts used in this Federal Law
Article 3. Subject of leasing
Article 4. Leasing entities
Article 5. Leasing companies (firms)
Article 6. Leasing activities. (Deleted)
Article 7. Forms of leasing
Article 8. Subleasing
Article 9. Prohibitions on combining obligations by leasing participants. (Deleted)
Article 9.1. Features of a leasing agreement concluded by a state or municipal institution
Chapter II. Legal basis leasing relations
Article 10. Rights and obligations of participants in a leasing agreement
Article 11. Ownership of the leased asset
Article 12. Accounting for the leased asset. (Deleted)
Article 13. Ensuring the rights of the lessor
Article 14. Procedure for using the leased asset as collateral. (Deleted)
Article 15. Contents of the leasing agreement
Article 16. Mandatory signs and terms of the leasing agreement. (Deleted)
Article 17. Provision of temporary possession and use of the subject of a leasing agreement, its maintenance and return
Article 18. Assignment of rights under a leasing agreement to third parties and pledge of the leased asset
Article 19. Transfer of ownership of the leased asset
Article 20. Procedure for registering property (the subject of a leasing agreement) and rights to it
Article 21. Insurance of the leased asset and business (financial) risks
Article 22. Distribution of risks between the parties to the leasing agreement
Article 23. Foreclosure of third parties on the subject of leasing
Article 24. Procedure for resolving disputes between participants in international leasing transactions. (Deleted)
Article 25. Confiscation of the leased asset from the lessee. (Deleted)
Article 26. Obligations of the lessee in case of loss of the leased asset
Chapter III. Economic fundamentals leasing
Article 27. Economic content of the leasing agreement. (Deleted)
Article 28. Leasing payments
Article 29. Leasing payments. (Deleted)
Article 30. Composition of the lessor's remuneration. (Deleted)
Article 31. The right of the parties to the leasing agreement to apply the mechanism of accelerated depreciation of the leased asset. (No longer valid)
Article 32. Income and profit of the lessor under the leasing agreement. (Deleted)
Article 33. Revaluation of the subject of leasing and the obligations of the parties when carrying out a leasing transaction. (Deleted)
Article 34. Features of international operations carried out by leasing entities. (No longer valid)
Article 35. Prevention, restriction and suppression monopolistic activity And unfair competition. (No longer valid)
Chapter IV. State support for leasing activities
Article 36. Measures state support leasing activities
Chapter V. Right of inspection and control
Article 37. Right to inspection leasing transaction
Article 38. The lessor’s right to financial control
Chapter VI. Final provisions
Article 39. Entry into force of this Federal Law

State Duma

Federation Council

Judicial practice and legislation - 164-FZ On leasing

Article 665 Civil Code The Russian Federation and the Federal Law of the Russian Federation dated October 29, 1998 N 164-FZ “On financial lease (leasing)” stipulate that the leased asset transferred for temporary possession and use to the lessee is the property of the lessor. Thus, the specified restrictions regarding the rights of the buyer could not serve as a basis for refusing to apply the first method of determining customs value goods, as they are established by federal law.

“The program for conducting qualification exams for obtaining a qualification certificate of an auditor (general audit)” (approved by the Ministry of Finance of the Russian Federation on October 05, 2009) by Article 624 of the Civil Code of the Russian Federation and paragraph 1 of Article 19 of the Federal Law of October 29, 1998 N 164-FZ “On financial lease (leasing) ". In this case, the total amount of the leasing agreement includes redemption price the subject of leasing (clause 1 of Article 28 of the Federal Law of October 29, 1998 N 164-FZ).

The objectives of this Federal Law are to develop forms of investment in means of production based on finance lease(leasing) (hereinafter referred to as leasing), protection of property rights, rights of participants in the investment process, ensuring investment efficiency.

This Federal Law defines the legal, organizational and economic features of leasing.

Chapter I. General provisions

No. 83-FZ, paragraph 1 of Article 1 of this Federal Law has been amended, coming into force on January 1, 2011.

1. The scope of application of this Federal Law is the leasing of property related to non-consumable things (except land plots and other natural objects) transferred for temporary possession and use to individuals and legal entities.

Federal Law No. 83-FZ of May 8, 2010 supplemented Article 1 of this Federal Law with paragraph 2, which comes into force on January 1, 2011.

2. If the lessee is a budgetary institution, the provisions of paragraph 1 of this Federal Law are applied taking into account the provisions of the legislation of the Russian Federation establishing the specifics legal status budgetary institutions, the provisions of paragraph two of paragraph 2 of Article 28 of this Federal Law on budgetary institutions do not apply.

This Federal Law uses the following basic concepts:

leasing- a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of the leased asset;

leasing agreement- an agreement under which the lessor (hereinafter referred to as the lessor) undertakes to acquire ownership of the property specified by the lessee (hereinafter referred to as the lessee) from a seller specified by him and to provide this property to the lessee for a fee for temporary possession and use. The leasing agreement may provide that the choice of the seller and the purchased property is carried out by the lessor;

leasing activity- type of investment activity for the acquisition of property and its transfer to leasing.

Federal Law No. 83-FZ of May 8, 2010 amended paragraph 1 of Article 3 of this Federal Law, which comes into force on January 1, 2011.

1. The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property.

Federal Law of July 26, 2006 N 130-FZ, paragraph 2 of Article 3 of this Federal Law is stated in a new wording

2. The subject of leasing cannot be land plots and other natural objects, as well as property that is prohibited for free circulation by federal laws or for which a special procedure for circulation has been established, with the exception of military products, the leasing of which is carried out in accordance with international treaties of the Russian Federation, Federal Law of July 19, 1998 No. 114-FZ "On military-technical cooperation of the Russian Federation with foreign countries"in the manner established by the President of the Russian Federation, and technological equipment foreign production, leasing of which is carried out in the manner established by the President of the Russian Federation.

1. Leasing subjects are:

lessor- an individual or legal entity who, at the expense of borrowed and (or) own funds, acquires ownership of property during the implementation of a leasing agreement and provides it as a leased asset to the lessee for a certain fee, for a certain period and on certain conditions for temporary possession and use with or without transfer to the lessee of ownership of the leased asset;

lessee- an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

salesman- an individual or legal entity who, in accordance with the purchase and sale agreement with the lessor, sells to the lessor within a specified period the property that is the subject of leasing. The seller is obliged to transfer the leased item to the lessor or lessee in accordance with the terms of the purchase and sale agreement. The seller can simultaneously act as a lessee within the same leasing legal relationship.

2. Any of the leasing entities may be a resident of the Russian Federation or a non-resident of the Russian Federation.

1. Leasing companies (firms)- commercial organizations (residents of the Russian Federation or non-residents of the Russian Federation) performing the functions of lessors in accordance with the legislation of the Russian Federation and their constituent documents.

2. The founders of leasing companies (firms) can be legal entities or individuals (residents of the Russian Federation or non-residents of the Russian Federation).

3. Leasing company- non-resident of the Russian Federation - a foreign legal entity carrying out leasing activities on the territory of the Russian Federation.

4. Leasing companies have the right to attract funds from legal entities and (or) individuals (residents of the Russian Federation and non-residents of the Russian Federation) to carry out leasing activities in the manner established by the legislation of the Russian Federation.

Excluded

1. The main forms of leasing are domestic leasing and international leasing.

When carrying out domestic leasing, the lessor and the lessee are residents of the Russian Federation.

When carrying out international leasing, the lessor or lessee is a non-resident of the Russian Federation.

2. The leasing agreement may include conditions for the provision of additional services and carrying out additional work.

Additional services (works)- services (work) of any kind provided by the lessor both before the start of use and during the use of the leased asset by the lessee and directly related to the implementation of the leasing agreement.

The list, volume and cost of additional services (work) are determined by agreement of the parties.

1. Subleasing- a type of sublease of the subject of leasing, in which the lessee under the leasing agreement transfers to third parties (lessees under the subleasing agreement) for possession and use for a fee and for a period in accordance with the terms of the subleasing agreement, property previously received from the lessor under the leasing agreement and constituting the subject of leasing .

When transferring property into subleasing, the right of claim against the seller passes to the lessee under a subleasing agreement.

2. When transferring the leased asset for subleasing, the consent of the lessor is mandatory writing.

Excluded

Chapter II. Legal basis of leasing relations

1. The rights and obligations of the parties to the leasing agreement are regulated by the civil legislation of the Russian Federation, this Federal Law and the leasing agreement.

2. When leasing, the lessee has the right to present directly to the seller of the leased item requirements for quality and completeness, deadlines for fulfilling the obligation to transfer the goods and other requirements established by the legislation of the Russian Federation and the purchase and sale agreement between the seller and the lessor.

1. The leased asset transferred for temporary possession and use to the lessee is the property of the lessor.

2. The right to own and use the leased asset passes to the lessee in full, unless otherwise provided by the leasing agreement.

3. The lessor’s right to dispose of the leased asset includes the right to remove the leased asset from the possession and use of the lessee in cases and in the manner provided for by the legislation of the Russian Federation and the leasing agreement.

Excluded

Article 13. Ensuring the rights of the lessor

1. If the lessee fails to transfer lease payments more than two times in a row after the expiration of the payment period established by the leasing agreement, they are written off from the lessee’s account in an indisputable manner by sending the lessor to a bank or other credit institution, in which the lessee's account is opened, orders to write off funds from his account within the limits of the amounts of overdue lease payments. Undisputed write-off of funds does not deprive the lessee of the right to go to court.

2. The lessor has the right to demand early termination of the leasing agreement and the return of the property within a reasonable time by the lessee in cases provided for by the legislation of the Russian Federation, this Federal Law and the leasing agreement.

In this case, all costs associated with the return of the property, including the costs of its dismantling, insurance and transportation, are borne by the lessee.

Excluded

1. The leasing agreement, regardless of the term, is concluded in writing.

2. To fulfill their obligations under a leasing agreement, leasing entities enter into mandatory and related agreements.

Mandatory contracts include a purchase and sale agreement.

Related agreements include an agreement to raise funds, a pledge agreement, a guarantee agreement, a surety agreement and others.

3. The leasing agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the subject of leasing. In the absence of this data in the leasing agreement, the condition on the item to be leased is considered not agreed upon by the parties, and the leasing agreement is not considered concluded.

4. Based on the leasing agreement, the lessor undertakes:

acquire ownership from a specific seller certain property for its transfer for a certain fee for a certain period, under certain conditions, as a leased item to the lessee;

5. Under the leasing agreement, the lessee undertakes:

accept the leased asset in the manner prescribed the specified agreement leasing;

pay lease payments to the lessor in the manner and within the terms provided for in the leasing agreement;

upon expiration of the lease agreement, return the leased asset, unless otherwise provided by the specified leasing agreement, or acquire ownership of the leased asset on the basis of a purchase and sale agreement;

fulfill other obligations arising from the contents of the leasing agreement.

6. The leasing agreement may stipulate circumstances that the parties consider an indisputable and obvious violation of obligations and which lead to the termination of the leasing agreement and the seizure of the leased asset.

7. The leasing agreement may provide for the right of the lessee to extend the leasing term while maintaining or changing the terms of the leasing agreement.

Excluded

1. The lessor is obliged to provide the lessee with the property that is the subject of leasing in a condition corresponding to the terms of the leasing agreement and the purpose of this property.

2. The leased asset is leased along with all its accessories and all documents ( technical passport and others), unless otherwise provided by the leasing agreement.

3. The lessee, at his own expense, carries out Maintenance of the leased asset and ensures its safety, and also carries out capital and Maintenance the subject of leasing, unless otherwise provided by the leasing agreement.

4. Upon termination of the leasing agreement, the lessee is obliged to return the leased asset to the lessor in the condition in which he received it, taking into account normal wear and tear or wear and tear stipulated by the leasing agreement.

5. If the lessee does not return the leased item or returns it untimely, the lessor has the right to demand payment for the period of delay. If specified fee does not cover losses caused to the lessor, he may demand compensation for them.

6. If a penalty is provided for the untimely return of the leased asset to the lessor, losses may be recovered from the lessee in the full amount in excess of the penalty, unless otherwise provided by the leasing agreement.

7. Separable improvements made by the lessee to the leased asset are his property, unless otherwise provided by the leasing agreement.

8. If the lessee, with the written consent of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, the lessee has the right, after termination of the leasing agreement, to reimburse the cost of such improvements, unless otherwise provided by the leasing agreement.

9. If the lessee, without the written consent of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, and unless otherwise provided by federal law, the lessee has no right, after termination of the leasing agreement, to reimburse the cost of these improvements .

1. The lessor may assign to a third party all or part of its rights under the leasing agreement.

2. The lessor has the right, in order to attract funds, to use the leased asset as collateral, which will be acquired in the future under the terms of the leasing agreement.

3. The lessor is obliged to warn the lessee about all the rights of third parties to the leased asset.

1. The leasing agreement may provide that the leased asset becomes the property of the lessee upon expiration of the leasing agreement or before its expiration on the terms provided for by the agreement sides

2. Federal law may establish cases of prohibiting the transfer of ownership of the leased asset to the lessee.

1. In cases provided for by the legislation of the Russian Federation, rights to property that is leased, and (or) a leasing agreement, the subject of which is this property, are subject to state registration.

Special requirements imposed by the legislation of the Russian Federation on the owner of registered property ( aviation technology, sea and other vessels, other property), apply to the lessor or lessee under mutual agreement.

2. Leasing items subject to registration with government agencies (vehicles, equipment increased danger and other leased items) are registered by agreement of the parties in the name of the lessor or lessee.

3. By agreement of the parties, the lessor has the right to instruct the lessee to register the leased asset in the name of the lessor. At the same time, in registration documents Information about the owner and owner (user) of the property must be indicated. In case of termination of the contract and withdrawal by the lessor of the leased asset at the request of the latter government bodies those who have registered are required to cancel the entry about the owner (user).

1. The leased item may be insured against the risks of loss (destruction), shortage or damage from the moment of delivery of the property by the seller until the end of the lease agreement, unless otherwise provided by the agreement. The parties acting as insured and beneficiary, as well as the period of insurance of the leased asset, are determined by the leasing agreement.

2. Insurance of business (financial) risks is carried out by agreement of the parties to the leasing agreement and is not mandatory.

3. The lessee in cases where defined by law of the Russian Federation, must insure its liability for the fulfillment of obligations arising from causing harm to the life, health or property of other persons in the process of using the leased property.

4. The lessee has the right to insure the risk of his liability for violation of the leasing agreement in favor of the lessor.

1. Responsibility for the safety of the leased asset from all types property damage, as well as for the risks associated with its destruction, loss, damage, theft, premature breakdown, error made during its installation or operation, and other property risks from the moment of actual acceptance of the leased asset are borne by the lessee, unless otherwise provided by the leasing agreement.

2. The risk of failure by the seller to fulfill obligations under the contract for the sale and purchase of the leased asset and the associated losses is borne by the party to the leasing agreement that has chosen the seller, unless otherwise provided by the leasing agreement.

3. The risk of non-compliance of the leased object with the purposes of using this object under the leasing agreement and the associated losses are borne by the party that chose the leased object, unless otherwise provided by the leasing agreement.

1. The subject of leasing cannot be subject to foreclosure by a third party for the obligations of the lessee, including in cases where the subject of leasing is registered in the name of the lessee.

2. Collections of third parties against the lessor’s property can only be attributed to this object ownership rights of the lessor in relation to the leased asset. To the acquirer of the lessor's rights in relation to the leased asset as a result of satisfying the penalty in mandatory Not only the rights, but also the obligations of the lessor defined in the leasing agreement are transferred.

Excluded

Excluded

The loss of the leased asset or the loss of its functions by the leased asset due to the fault of the lessee does not relieve the lessee from obligations under the leasing agreement, unless otherwise provided by the leasing agreement.

Chapter III. Economic fundamentals of leasing

Excluded

1. Leasing payments mean the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes reimbursement of the lessor’s costs associated with the acquisition and transfer of the leased asset to the lessee, reimbursement of costs associated with the provision of other services provided for in the leasing agreement, as well as income lessor. The total amount of the leasing agreement may include the redemption price of the leased asset if the leasing agreement provides for the transfer of ownership of the leased asset to the lessee.

2. The amount, method of making and frequency of leasing payments are determined by the leasing agreement, taking into account this Federal Law.

If the lessee and the lessor make payments for leasing payments using products (in in kind), produced using the leased asset, the price for such products is determined by agreement of the parties to the leasing agreement.

Unless otherwise provided by the leasing agreement, the amount of lease payments may be changed by agreement of the parties within the time limits provided for in this agreement, but not more than once every three months.

3. The lessee's obligations to pay lease payments begin from the moment the lessee begins using the leased asset, unless otherwise provided by the leasing agreement.

4. For profit tax purposes, leasing payments are classified in accordance with the legislation on taxes and fees as expenses associated with production and (or) sales. Excluded

Federal Law No. 122-FZ of August 22, 2004 declared paragraphs 3 and 4 of Article 34 of this Federal Law to be invalid as of January 1, 2005.

Federal Law No. 186-FZ of December 23, 2003 suspended the effect of paragraph 3 of Article 34 of this Federal Law from January 1 to December 31, 2004.

Federal Law No. 176-FZ of December 24, 2002 suspended the effect of paragraphs 3 and 4 of Article 34 of this Federal Law from January 1 to December 31, 2003.

Lost power

Prevention, limitation and suppression of monopolistic activities and unfair competition in the leasing services market are ensured by the federal antimonopoly authority in accordance with antimonopoly legislation Russian Federation.

Chapter IV. State support for leasing activities

Measures of state support for the activities of leasing organizations (companies, firms), established by the laws of the Russian Federation and decisions of the Government of the Russian Federation, as well as decisions of authorities state power subjects of the Russian Federation within their competence may be:

development and implementation federal program development of leasing activities in the Russian Federation or in a separate region as part of a program for medium and long-term social economic development Russian Federation or region;

creation of collateral funds to secure bank investments in leasing using state property;

share state capital in creating infrastructure for leasing activities in individual targeted investment and leasing projects;

measures of state protectionism in the development, production and use of knowledge-intensive high-tech equipment;

funding from federal budget and provision state guarantees for the purpose of implementing leasing projects (Development Budget of the Russian Federation), including with the participation of non-resident firms;

providing investment loans for the implementation of leasing projects;

providing banks and others credit institutions in the manner established by the legislation of the Russian Federation, exemption from payment of tax on profits received by them from providing loans to leasing entities for a period of at least three years for the implementation of the leasing agreement;

provision in legislative order tax and credit benefits to leasing companies (firms) in order to create favorable economic conditions for their activities;

creation, development, formation and improvement of regulatory legal framework, ensuring the protection of legal and property interests participants in leasing activities;

granting lessees engaged in processing or procurement of agricultural products the right to make lease payments by supplying products on the terms provided for in leasing agreements;

assignment when carrying out leasing operations to agro-industrial complex to the subject of leasing breeding animals;

creation of a fund of state guarantees for exports in the implementation of international leasing of domestic machinery and equipment.

Chapter V. Right of inspection and control

1. The lessor has the right to monitor the lessee’s compliance with the terms of the leasing agreement and other related agreements.

2. The purposes and procedure for inspection are stipulated in the leasing agreement and other related agreements between their participants.

3. The lessee is obliged to provide the lessor with unhindered access to financial documents and the subject of leasing.

1. The lessor has the right to financial control over the activities of the lessee in that part that relates to the subject of leasing, the formation financial results activities of the lessee and the fulfillment by the lessee of obligations under the leasing agreement.

2. The purpose and procedure for financial control are provided for in the leasing agreement.

3. The lessor has the right to send requests to the lessee in writing to provide information necessary for the implementation of financial control, and the lessee is obliged to satisfy such requests.

Chapter VI. Final provisions

This Federal Law comes into force on the date of its official publication.

Invite the President of the Russian Federation to bring his regulations in accordance with this Federal Law.

The Government of the Russian Federation must, within six months, bring its regulations into conformity with this Federal Law.

President of the Russian Federation B. Yeltsin

Moscow Kremlin

(Adopted by the State Duma on September 11, 1998)
(Approved by the Federation Council on October 14, 1998)

The goals of this Federal Law are to develop forms of investment in means of production based on leasing operations, protect property rights, the rights of participants in the investment process, and ensure investment efficiency.

This Federal Law defines the legal and organizational - economic features leasing

Chapter I. GENERAL PROVISIONS

Article 1. Scope of application of this Federal Law

The scope of application of this Federal Law is the leasing of property related to non-consumable things (except for land plots and other natural objects) transferred for temporary possession and use to individuals and legal entities.

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

leasing is a type of investment activity for the acquisition of property and its transfer on the basis of a leasing agreement to individuals or legal entities for a certain fee, for a certain period and under certain conditions stipulated by the agreement, with the right to purchase the property by the lessee;

leasing transaction - a set of agreements necessary for the implementation of a leasing agreement between the lessor, the lessee and the seller (supplier) of the leased asset.

Article 3. Subject of leasing

1. The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property that can be used for business activities.

2. The subject of leasing cannot be land plots and other natural objects, as well as property that is prohibited for free circulation by federal laws or for which a special circulation procedure has been established.

Article 4. Leasing entities

1. Leasing subjects are:

lessor - an individual or legal entity who, at the expense of borrowed or own funds, acquires ownership of property during the implementation of a leasing transaction and provides it as a leased asset to the lessee for a certain fee, for a certain period and on certain conditions for temporary possession and use with transfer or without transfer to the lessee of ownership of the leased asset;

lessee - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

seller (supplier) - an individual or legal entity who, in accordance with a purchase and sale agreement with the lessor, sells to the lessor within a specified period the property produced (purchased) by him, which is the subject of leasing. The seller (supplier) is obliged to transfer the leased item to the lessor or lessee in accordance with the terms of the purchase and sale agreement.

2. Any of the leasing entities can be a resident of the Russian Federation, a non-resident of the Russian Federation, as well as a business entity with the participation of a foreign investor, carrying out its activities in accordance with the legislation of the Russian Federation.

Article 5. Leasing companies (firms)

1. Leasing companies (firms) are commercial organizations (residents of the Russian Federation or non-residents of the Russian Federation) that perform the functions of lessors in accordance with their constituent documents and have received permits (licenses) to carry out leasing activities in accordance with the procedure established by the legislation of the Russian Federation.

2. The founders of leasing companies (firms) may be legal entities, individuals (residents of the Russian Federation or non-residents of the Russian Federation), including citizens registered as individual entrepreneurs.

3. A leasing company - a non-resident of the Russian Federation - a foreign legal entity carrying out commercial activities in the Russian Federation in the manner established by the legislation of the Russian Federation.

4. Leasing companies have the right to raise funds legal entities(residents of the Russian Federation and non-residents of the Russian Federation) to carry out leasing activities in the manner established by the legislation of the Russian Federation.

Article 6. Leasing activities

1. Leasing activity - the performance by the lessor of functions under the leasing agreement.

2. Leasing activities of leasing companies, as well as citizens engaged in leasing activities and registered as individual entrepreneurs, are carried out on the basis of permits (licenses) obtained in the manner prescribed by the legislation of the Russian Federation.

3. Licensing of leasing activities of non-residents of the Russian Federation must be carried out after they are registered for tax purposes on the territory of the Russian Federation.

Article 7. Forms, types and types of leasing

1. The main forms of leasing regulated by this Federal Law include domestic leasing and international leasing.

When carrying out domestic leasing, the lessor, lessee and seller (supplier) are residents of the Russian Federation. Domestic leasing is regulated by this Federal Law and the legislation of the Russian Federation.

When carrying out international leasing, the lessor or lessee is a non-resident of the Russian Federation.

If the lessor is a resident of the Russian Federation, that is, the leased asset is owned by a resident of the Russian Federation, the international leasing agreement is governed by this Federal Law and the legislation of the Russian Federation.

If the lessor is a non-resident of the Russian Federation, that is, the leased asset is owned by a non-resident of the Russian Federation, the international leasing agreement is regulated by federal laws in the field of foreign economic activity.

2. The main types of leasing regulated by this Federal Law include:

long-term leasing - leasing carried out for three or more years;

medium-term leasing - leasing carried out for a period of one and a half to three years;

short-term leasing - leasing carried out for less than one and a half years.

3. The main types of leasing regulated by this Federal Law include financial leasing, leaseback and operational leasing.

Financial leasing is a type of leasing in which the lessor undertakes to acquire ownership of the property specified by the lessee from a specific seller and transfer this property to the lessee as a leased item for a certain fee, for a certain period and under certain conditions for temporary possession and use. In this case, the period for which the leased asset is transferred to the lessee is comparable in duration to the period of full depreciation of the leased asset or exceeds it. The leased asset becomes the property of the lessee upon expiration of the leasing agreement or before its expiration, subject to payment by the lessee full amount provided for by the leasing agreement, unless otherwise provided by the leasing agreement.

Leaseback is a type of financial leasing in which the seller (supplier) of the leased asset simultaneously acts as a lessee.

Operating leasing is a type of leasing in which the lessor purchases property at his own risk and transfers it to the lessee as a leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use. The period for which the property is leased is established on the basis of the leasing agreement. Upon expiration of the lease agreement and subject to payment by the lessee of the full amount stipulated by the leasing agreement, the leased asset is returned to the lessor, while the lessee has no right to demand the transfer of ownership of the leased asset. With operational leasing, the leased asset can be leased repeatedly during full term depreciation of the leased asset.

4. The leasing transaction may include conditions for the provision of additional services.

Additional services are services of any kind provided by the lessor both before the start of use and during the use of the leased asset by the lessee, namely:

acquisition of rights to third parties intellectual property("know-how" licensing rights, rights to trademarks, brands, software and others);

acquisition of goods from third parties - material assets necessary during installation (supervision) and commissioning works;

implementation of installation (supervision) and commissioning work in relation to the leased asset, personnel training;

post-warranty service and repair of the leased asset, including current, medium and major repairs;

Preparation production areas and communications, services for work related to the installation (assembly) of the leased item;

other works and services, without which it is impossible to use the leased asset.

The list, volume and cost of additional services must be specified in the leasing agreement.

Article 8. Subleasing

1. Subleasing - special kind relations arising in connection with the assignment of rights to use the leased asset to a third party, which is formalized in a subleasing agreement.

2. When subleasing, the person carrying out subleasing accepts the leased asset from the lessor under a leasing agreement and transfers it for temporary use to the lessee under a subleasing agreement.

3. The assignment by the lessee to a third party of its obligations to pay lease payments to a third party is not permitted.

4. When transferring the leased asset for subleasing, the consent of the lessor in writing is required.

5. International subleasing is a type of international leasing regulated by this Federal Law.

Distinctive feature International subleasing is the movement of the leased asset across the customs border of the Russian Federation only for the duration of the subleasing agreement.

Within the framework of the system of interrelated and interdependent contracts in accordance with which leasing is carried out, in relation to a specific leased item, the following parties to the leasing agreement are not allowed to combine obligations:

lessor and lessee under a leasing agreement;

the lender and the lessee of the leased asset, with the exception of leaseback.

Chapter II. LEGAL BASIS OF LEASING RELATIONS

Article 10. Rights and obligations of participants in a leasing agreement

1. The rights and obligations of participants in a leasing agreement, with the exception of an international leasing agreement, are regulated by the rules civil legislation, this Federal Law.

2. The rights and obligations of participants in an international leasing agreement are regulated in accordance with the Federal Law "On the accession of the Russian Federation to the UNIDROIT Convention on International financial leasing", norms national legislation to the extent that does not contradict the norms of international law related to the subject of regulation.

3. Mode applicable law established by agreement of the parties international treaty leasing in accordance with the UNIDROIT Convention on International Financial Leasing.

4. When carrying out financial leasing and mixed leasing, the lessee has the right to present directly to the seller (supplier) of the leased item requirements for quality and completeness, delivery times and other requirements established by the purchase and sale agreement between the seller (supplier) and the lessor.

5. When carrying out operational leasing, the lessor is responsible for the shortcomings of the leased object transferred for temporary possession or use, which completely or partially prevent the use of this object, even if at the time of concluding the operational leasing agreement the lessor was not aware of such shortcomings.

If such deficiencies are discovered, the lessee has the right to demand that the lessor eliminate the deficiencies of the leased asset free of charge, proportionate reduction leasing payments or reimbursement of their expenses associated with eliminating the shortcomings of this leased asset.

The lessor is not responsible for the shortcomings of the leased asset transferred for temporary possession and use, which were agreed upon by him at the conclusion of the operational leasing agreement, or were known to the lessee in advance, or could be discovered by the lessee during the inspection of the leased asset or checking its serviceability when concluding the operational leasing agreement or when transferring the leased asset to the lessee.

6. Upon entering into a leasing agreement legal force The lessee has the right to demand from the lessor the fulfillment of his obligations under the leasing agreement and, in case of non-fulfillment, to demand through the court compensation by the lessor for direct losses from the preparation for acceptance of the leased asset, if the costs of such preparation were directly incurred.

7. In the event of a change in the leasing market conditions and business conditions of the lessor, leading to a significant deterioration financial situation lessor, the terms of the leasing agreement may be revised by agreement of the parties.

Article 11. Property relations in leasing transactions

1. The leased asset transferred for temporary possession and use to the lessee is the property of the lessor.

2. The right to own and use the leased asset passes to the lessee in full, unless otherwise provided by the leasing agreement.

3. The lessor’s right to dispose of the leased asset includes the right to remove the leased asset from the possession and use of the lessee in cases and in the manner provided for by this Federal Law and the leasing agreement.

Article 12. Accounting for the leased asset

1. The leased asset transferred to the lessee under a financial leasing agreement is recorded on the balance sheet of the lessor or lessee by agreement of the parties.

2. When carrying out operational leasing, the leased asset is taken into account on the balance sheet of the lessor.

Article 13. Right indisputable recovery sums of money and undisputed withdrawal of the leased asset

1. The lessor has the right to indisputably collect sums of money and indisputably confiscate the leased asset in following cases:

if the conditions for use of the leased asset by the lessee do not comply with the terms of the leasing agreement or the purpose of the leased asset;

if the lessee carries out subleasing without the consent of the lessor;

if the lessee does not support the leased asset in in good condition which makes it worse consumer qualities;

if the lessee fails to pay the fee for using the leased asset more than two times in a row after the expiration of the payment period established by the leasing agreement.

2. The lessor has the right to indisputably collect sums of money and indisputably confiscate the leased asset in certain cases provided for by this Federal Law, the norms of the Civil Code of the Russian Federation, and in cases provided for by the leasing agreement.

3. Conditional event - the occurrence of a circumstance or event that is defined by the leasing agreement as an indisputable and obvious violation by the lessee of its obligations established by the leasing agreement, or as an indisputable and obvious reason for termination of the leasing agreement.

4. The stipulated case entails the actual termination of the lessee’s rights to own and use the leased asset, and in this case the lessor has the right to undisputedly withdraw the leased asset in the manner established by the agreement leasing, or to collect a sum of money.

5. Fulfillment by the lessee of obligations in an indisputable manner does not deprive him of the right to go to court after fulfilling his obligations in order to satisfy his legitimate property interests.

Article 14. Procedure for using the leased asset as collateral

1. The lessee may pledge the leased asset only with the permission of the lessor in writing. The deposit must be completed a separate agreement between the lessee and his lender.

2. The lessor may use his rights in relation to the leased asset as collateral to a third party, both a participant in the leasing transaction and a non-participant in the leasing transaction. At the same time, the risk of seizure of the collateral in favor of a third party is considered as an indisputable violation of the terms of the leasing agreement on the part of the lessor.

3. If the leased asset is purchased using borrowed funds and is the subject of collateral under an agreement to raise funds, it is not re-pledged.

Article 15. Contents of the leasing agreement

1. The leasing agreement, regardless of the term, is concluded in writing.

2. The title of the leasing agreement defines its form, type and type.

3. Under a leasing agreement, the obligations of the parties, which are fulfilled by the parties to other agreements, are formed by concluding mandatory and accompanying agreements with other leasing entities.

TO binding contracts refers to the purchase and sale agreement.

Related agreements include an agreement to attract funds, a pledge agreement, a guarantee agreement, a surety agreement and others.

4. The leasing agreement must contain the following essential provisions:

an accurate description of the leased item;

volume transferred rights property;

name of the place and indication of the procedure for transferring the leased asset;

indication of the validity period of the leasing agreement;

the procedure for balance sheet accounting of the leased asset;

a list of additional services provided by the lessor on the basis of a comprehensive leasing agreement;

indication of the total amount of the leasing agreement and the amount of remuneration of the lessor;

payment procedure (payment schedule);

determination of the obligation of the lessor or lessee to insure the leased asset against risks associated with the leasing agreement, unless otherwise provided by the agreement.

5. Based on the leasing agreement, the lessor undertakes:

in the case of financial or mixed leasing, acquire ownership of certain property from a certain seller (supplier) for its transfer for a certain fee or transfer previously acquired property for a certain period, under certain conditions as a leased asset to the lessee;

6. Under the leasing agreement, the lessee undertakes:

accept the leased asset in the manner prescribed by the specified leasing agreement;

compensate the lessor for it investment costs and pay him a reward;

upon expiration of the lease agreement, return the leased asset, unless otherwise provided by the specified leasing agreement, or acquire ownership of the leased asset on the basis of a purchase and sale agreement;

fulfill other obligations arising from the contents of the leasing agreement.

7. The leasing agreement must necessarily stipulate the circumstances that the parties consider an indisputable and obvious violation of obligations and which lead to the termination of the leasing agreement and property settlement, as well as the procedure for the withdrawal (return) of the leased asset.

8. The leasing agreement may provide for the right of the lessee to extend the leasing term while maintaining or changing the terms of the leasing agreement.

Article 16. Mandatory features and conditions of a leasing agreement

1. An agreement qualifies as a leasing agreement if it contains indications of the investment of funds in the leased asset and the transfer of the leased asset to the lessee.

When carrying out international financial leasing, the leasing agreement must contain a reference to the purchase and sale agreement, according to which the transfer of the leased asset to the lessee must be made no later than six months from the moment the leased asset crosses the customs border of the Russian Federation, with the exception of cases of transportation of the leased asset across the territory Russian Federation for a period exceeding six months.

2. Failure to comply with the conditions specified in paragraph 1 of this article, does not allow the agreement to be classified as a leasing agreement.

Such an agreement is not subject to regulation by this Federal Law.

Article 17. Provision of the subject of a leasing agreement for temporary possession and use, its maintenance and return

1. The lessor is obliged to provide the lessee with the property that is the subject of leasing in a condition corresponding to the terms of the leasing agreement and the purpose of this property.

2. The leased asset is leased together with all its accessories and all documents (technical passport and others), unless otherwise provided by the leasing agreement.

3. Warranty service of the leased item may be carried out by the seller (supplier), if this is provided for in the purchase and sale agreement.

4. The lessee, at his own expense, carries out maintenance of the leased asset, its average and current repairs, unless otherwise provided by the leasing agreement.

5. Major repairs of the property that is the subject of leasing are carried out by the lessor, unless otherwise provided by the leasing agreement.

6. Upon termination of the leasing agreement, the lessee is obliged to return the leased item to the lessor in the condition in which he received it, taking into account normal wear and tear or wear and tear stipulated by the leasing agreement.

7. If the lessee does not return the leased item or returns it untimely, the lessor has the right to demand payment for the period of delay. If the specified fee does not cover the losses caused to the lessor, he may demand compensation for them.

8. If a penalty is provided for the untimely return of the leased asset to the lessor, losses may be recovered from the lessee in the full amount in excess of the penalty, unless otherwise provided by the leasing agreement.

9. Separable improvements made by the lessee to the leased asset are his property, unless otherwise provided by the leasing agreement.

10. If the lessee, with the written consent of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, the lessee has the right, after termination of the leasing agreement, to reimburse the cost of such improvements, unless otherwise provided by the leasing agreement.

11. If the lessee, without the consent in writing of the lessor, has made, at his own expense, improvements to the leased asset that are inseparable without harm to the leased asset, the lessee has no right, after termination of the leasing agreement, to reimburse the cost of these improvements.

Article 18. Assignment of rights and obligations by participants in the leasing agreement to third parties

1. The lessor may assign to a third party, in whole or in part, his rights under the leasing agreement or his interests arising from this agreement.

2. When carrying out operational leasing, assignment of rights by the lessee is not allowed.

3. The lessor has the right, in order to attract funds, to use the leased asset as collateral, which will be acquired in the future under the terms of the leasing transaction.

4. The assignment by the lessor of its rights under the leasing agreement that are not related to the subject of leasing is not regulated by this Federal Law.

5. Pledge and mortgage agreements with third parties concluded by the lessee without the consent of the lessor in writing are void.

Article 19. Transfer of ownership of the leased asset

1. In financial leasing, ownership of the leased asset passes to the lessee before the expiration of the leasing agreement, subject to payment of all leasing payments, unless otherwise provided by the financial leasing agreement.

2. The transfer of ownership of the leased asset to the lessee during operational leasing is possible on the basis of a purchase and sale agreement.

Article 20. Procedure for registering property - the subject of a leasing agreement

1. Registration of real estate - the subject of a leasing agreement under a leasing agreement - is carried out in the manner established by the legislation of the Russian Federation.

2. Leased items subject to registration with government agencies (vehicles, high-risk equipment and other leased items) are registered by agreement of the parties in the name of the lessor or lessee.

3. By agreement of the parties, the lessor has the right to instruct the lessee to register the leased asset in the name of the lessor. At the same time, registration documents must indicate information about the owner and owner (user) of the property. In the event of termination of the contract and withdrawal by the lessor of the leased asset, at the request of the latter, the state bodies that carried out the registration are obliged to cancel the record of the owner (user).

Article 21. Insurance of the leased asset and risks

1. The leased item may be insured against the risks of loss (destruction), shortage or damage from the moment of delivery of the property by the seller (supplier) until the end of the lease agreement, unless otherwise provided by the agreement.

2. Insurance of business (financial) risks is carried out by agreement of the parties to the leasing agreement and is not mandatory.

3. The parties performing the duties of the insured and beneficiary, as well as the terms of insurance, are determined by the leasing agreement.

4. The lessee, in cases determined by the legislation of the Russian Federation, must insure its liability for the fulfillment of obligations arising as a result of causing harm to the life, health or property of other persons in the process of using the leased property.

Article 22. Risks not related to insurance

1. Responsibility for the safety of the leased item from all types of property damage, as well as for risks associated with its destruction, loss, damage, theft, premature breakdown, error made during its installation or operation, and other property risks from the moment of actual acceptance of the item leasing is borne by the lessee, unless otherwise provided by the leasing agreement.

2. The risk of insolvency of the seller (supplier) is borne by the party to the leasing agreement that chose the seller (supplier), unless otherwise provided by the leasing agreement.

3. The risk of non-compliance of the leased item with the purposes of using this item under the leasing agreement is borne by the party that chose the leased item, unless otherwise provided by the leasing agreement.

Article 23. Procedure for resolving disputes between Russian participants in leasing relations

1. Disputes between Russian participants leasing transactions are resolved in the manner prescribed by the legislation of the Russian Federation.

2. The subject of leasing cannot be subject to foreclosure by a third party for the obligations of the lessee, including in cases where the subject of leasing is registered in the name of the lessee.

3. Collections of third parties against the lessor’s property can only be attributed to this object of the lessor’s property rights in relation to the leased asset. As a result of satisfying the foreclosure, the acquirer of the lessor's rights in relation to the leased asset is necessarily transferred not only to the rights, but also to the obligations of the lessor defined in the leasing agreement.

Article 24. Procedure for resolving disputes between participants in international leasing transactions

1. Resolution of disputes between participants in international leasing transactions is carried out in accordance with the agreement on the applicable law.

2. Disputes regarding the subject of leasing - registered ships and ships - are resolved on the basis of the law of the country in which the ships or ships are registered in the name of the owner.

3. Disputes regarding aircraft registered in accordance with the Convention on International civil aviation, signed at Chicago on December 7, 1944, are authorized by the law of the country in which such vessels are registered.

4. Disputes regarding other leased items that may be transported from one country to another, such as engines aircraft, are resolved based on the law of the country in which the lessee is located.

5. Disputes regarding any leased items are resolved on the basis of the law of the country in which the property is located at the time the dispute arises.

Article 25. Confiscation of the leased asset from the lessee

1. The procedure for withdrawal by the lessor of the leased asset is determined by the legislation of the Russian Federation, taking into account this Federal Law and the terms of the leasing agreement.

2. If the lessee prevents the lessor from withdrawing the leased asset, the lessor may exercise the right judicial protection their rights.

3. If the leased asset is the subject of collateral under an agreement to raise funds, its withdrawal in favor of the creditor is carried out taking into account the norms of this Federal Law.

Article 26. Obligations of the lessee in case of loss of the leased asset

The loss of the leased asset or the loss of its functions by the leased asset due to the fault of the lessee does not exempt the lessee from financial obligations under a leasing agreement, unless otherwise provided by the leasing agreement.

Chapter III. ECONOMIC BASICS OF LEASING

Article 27. Economic content of the leasing agreement

1. By economic content leasing refers to direct investments, during the execution of which the lessee is obliged to reimburse the lessor for investment costs (expenses) incurred in material and monetary forms, and pay a reward.

2. The total amount of compensation for investment costs (expenses) and payment of remuneration for the purposes of this Federal Law means the total amount of the leasing agreement.

For the purposes of this Federal Law, investment costs (expenses) mean the costs and expenses (expenses) of the lessor associated with the acquisition and use of the leased asset by the lessee, including:

cost of the leased item;

property tax;

transportation and installation costs, including installation and supervision, unless otherwise provided by the leasing agreement;

expenses for training the lessee's personnel in work related to the leased item, unless otherwise provided by the leasing agreement;

expenses for customs clearance and payment customs duties, tariffs and duties related to the leased item;

expenses for storing the leased asset until it is put into operation, unless otherwise provided by the leasing agreement;

expenses for the protection of the leased asset during transportation and its insurance, unless otherwise provided by the leasing agreement;

insurance against all types of risk, unless otherwise provided by the leasing agreement;

expenses for payment of interest for the use of borrowed funds and deferred payments provided by the seller (supplier);

fee for providing the lessor with guarantees and sureties, confirmation of settlement and payment documents by third parties in connection with the leased item;

expenses for maintenance and servicing of the leased asset, unless otherwise provided by the leasing agreement;

expenses for registering the leased asset, as well as costs associated with the acquisition and transfer of the leased asset;

expenses for creating reserves for the purpose overhaul subject of leasing;

commission fee sales agent;

costs of transferring the leased asset;

expenses for the provision of additional services arising during the implementation of complex leasing;

other expenses without which normal use of the leased asset is impossible.

3. Investment costs (costs) must be justified.

4. Lessor's remuneration - sum of money stipulated by the leasing agreement in excess of the reimbursement of investment costs (expenses).

Article 28. Payments and mutual settlements under a leasing agreement

1. Mutual settlements between the lessor and the lessee are carried out in the form of leasing payments.

2. The amount, method of making and frequency of leasing payments are determined by the leasing agreement, taking into account this Federal Law.

If the lessee and the lessor make payments for lease payments using products (in kind) produced using the leased asset, the price for such products is determined by agreement of the parties to the leasing agreement.

3. The leasing agreement may provide for a deferment of leasing payments for a period of no more than six months (180 days) from the date of commencement of use of the leased asset.

4. The lessee's obligations to pay lease payments begin from the moment the lessee begins using the leased asset, unless otherwise provided by the leasing agreement.

5. Leasing payments are made directly to the lessor.

6. The lessee attributes leasing payments to the cost of products (services) produced using the leased asset, or to expenses associated with the main activity.

Article 29. Leasing payments

1. Payment for the ownership and use of property provided under a leasing agreement is made by the lessee in the form of lease payments paid to the lessor. The amount, method, form and frequency of payments are established in the contract by agreement of the parties.

2. In addition to payments for basic services (interest), leasing payments include depreciation of property for the period covered by the term of the contract, investment costs (expenses), payment of interest on loans used by the lessor to purchase property (the leased asset), fees for additional services of the lessor stipulated by the contract, value added tax, insurance premiums for insurance of the subject of the leasing agreement, if it was carried out by the lessor, as well as the tax on this property paid by the lessor.

3. Leasing payments are included in the cost of products (works, services) of the lessee.

Article 30. Composition of the lessor's remuneration

The lessor's remuneration includes:

payment for services related to the leasing transaction;

interest on the use of the lessor's own funds aimed at purchasing the leased asset and (or) performing additional services (in case of complex leasing).

Article 31. The right of participants in a leasing agreement to apply the mechanism of accelerated depreciation of the leased asset

1. The parties to a leasing agreement have the right, by mutual agreement, to apply accelerated depreciation of the leased asset.

2. Depreciation deductions are made by the balance holder of the leased asset.

3. When applying accelerated depreciation, a uniform (linear) method of accrual is used, in which the approved in in the prescribed manner norm depreciation charges increases by an acceleration factor of no more than 3.

Article 32. Income and profit of the lessor under a leasing agreement

1. The lessor’s income under the leasing agreement is his remuneration.

2. The lessor's profit is the difference between the lessor's income and its expenses for carrying out the lessor's main activities.

Article 33. Revaluation of the leased asset and the obligations of the parties when carrying out a leasing transaction

1. Revaluation of the leased asset and the depreciation accrued on it is carried out by the balance holder of the subject of the leasing agreement in the manner prescribed by the legislation of the Russian Federation, with the exception of the leased asset if it is located outside the territory of the Russian Federation and its balance holder is not registered on the territory of the Russian Federation for the purpose of taxation non-resident of the Russian Federation.

2. Under a leasing agreement, the obligations of the lessee for lease payments are established by agreement of the parties in the currency of settlements under the purchase and sale agreement or in the currency of funds raised, with the exception of international leasing, if the owner of the leased asset is a resident of the Russian Federation. In this case, the lessee’s obligations for lease payments are established at any foreign currency leasing agreement.

3. Obligations under a leasing agreement expressed in foreign currency are revalued by the lessor and the lessee in accordance with the procedure established on the territory of the Russian Federation for revaluation of obligations of the parties expressed in foreign currency.

4. Exchange differences arising as a result of revaluation of the parties' obligations expressed in foreign currency are included in the profit (losses) of the subjects of the leasing agreement.

Article 34. Features of international operations carried out by leasing entities

1. The lessor has the right without a license Central Bank of the Russian Federation for the implementation of international operations related to the movement of capital, to raise funds from non-residents of the Russian Federation in order to purchase the leased asset for a period of more than six months (180 days), but not exceeding the term of the leasing agreement.

2. Leasing companies have the right, without a license from the Central Bank of the Russian Federation to carry out operations related to the movement of capital, to pay interest for using the installment plan provided by the seller (supplier) of the leased asset, regardless of the period of actual receipt of the leased asset (current currency operations and transactions related to the movement of capital).

3. To carry out international leasing, this Federal Law establishes that:

import into the territory of the Russian Federation and export from the territory of the Russian Federation (movement across the customs border of the Russian Federation) of the leased asset for the purpose of its use under a leasing agreement for a period of more than six months, as well as payment of the full amount of the leasing agreement for a period exceeding six months, is not are operations related to the movement of capital, in accordance with the legislation of the Russian Federation on exchange control And currency regulation;

the parties to the leasing agreement have the right to grant a deferment of leasing payments for a period of no more than six months from the date of actual commissioning of the leased asset;

when importing into the territory of the Russian Federation or exporting from the territory of the Russian Federation (moving across the customs border of the Russian Federation) the subject of leasing, all types customs taxes and tariffs are charged on the full customs value of the property. Payment of customs taxes and tariffs is made:

at the time of import (export) of the leased item in the amount of the paid part of the customs value of the property, which is confirmed bank documents;

in the future, payment of customs taxes and tariffs is made simultaneously with leasing payments or within 20 days from the date of receipt of leasing payments.

4. The procedure (system) for payment of customs taxes and tariffs established by this article is not considered a deferment of customs payments or an investment tax credit.

Article 35. Prevention, limitation and suppression of monopolistic activities and unfair competition

Prevention, limitation and suppression of monopolistic activities and unfair competition in the leasing services market are ensured by the federal antimonopoly authority in accordance with the antimonopoly legislation of the Russian Federation.

Chapter IV. STATE SUPPORT OF LEASING ACTIVITIES

Article 36. Measures of state support for the activities of leasing organizations (companies, firms)

Measures of state support for the activities of leasing organizations (companies, firms), established laws of the Russian Federation and decisions of the Government of the Russian Federation, as well as decisions of state authorities of the constituent entities of the Russian Federation within the limits of their competence, may be:

development and implementation of a federal program for the development of leasing activities in the Russian Federation or in a separate region as part of the program for medium-term and long-term socio-economic development of the Russian Federation or region;

creation of collateral funds to ensure bank investments in leasing using state property;

equity participation of state capital in the creation of infrastructure for leasing activities in certain targeted investment and leasing projects;

allocation to leasing enterprises, government order for the supply of goods for state needs;

measures of state protectionism in the development, production and use of knowledge-intensive high-tech equipment;

financing from the federal budget and provision of state guarantees for the implementation of leasing projects (Development Budget of the Russian Federation), including with the participation of non-resident firms;

providing investment loans for the implementation of leasing projects;

providing banks and other credit institutions, in the manner established by the legislation of the Russian Federation, with exemption from paying tax on profits received by them from providing loans to leasing entities for a period of at least three years for the implementation of the leasing agreement;

provision by law of tax and credit benefits to leasing companies (firms) in order to create favorable economic conditions for their activities;

creation, development, formation and improvement of the regulatory framework that ensures the protection of the legal and property interests of participants in leasing transactions;

in order to stimulate the renewal of machinery and equipment, granting lessors, along with the use of an accelerated depreciation mechanism, the right to write off as depreciation charges up to 35 percent of the original cost of fixed assets, the service life of which is more than three years, in the first year of operation of these assets;

granting lessees engaged in processing or procurement of agricultural products the right to make lease payments by supplying products on the terms provided for in leasing agreements;

when carrying out leasing operations in the agro-industrial complex, classification of breeding animals as the subject of leasing;

creation of a fund of state guarantees for exports in the implementation of international leasing of domestic machinery and equipment.

Chapter V. RIGHT OF INSPECTION AND CONTROL

Article 37. Right to inspection of a leasing transaction

1. The lessor has the right to monitor the lessee’s compliance with the terms of the leasing agreement and other related agreements.

2. The purposes and procedure for inspection are stipulated in the leasing agreement and other related agreements between their participants.

3. The lessee is obliged to provide the lessor with unimpeded access to financial documents and the leased asset.

Article 38. The lessor’s right to financial control

1. The lessor has the right to financial control over the activities of the lessee in that part that relates to the subject of leasing, the formation of financial results of the lessee’s activities and the fulfillment by the lessee of obligations under the leasing agreement.

2. The purpose and procedure for financial control are provided for in the leasing agreement.

3. The lessor has the right to send written requests to the lessee for information necessary to exercise financial control, and the lessee is obliged to satisfy such requests.

4. In the event of a violation by the lessee of its obligations under lease payments, in order to find out the reasons for such violations and prevent them, the lessor has the right to appoint audits financial condition lessee, to be present without the right to vote at general meetings of founders and management bodies, to state their demands.

Chapter VI. FINAL PROVISIONS

Article 39. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

Invite the President of the Russian Federation to bring his regulations into compliance with this Federal Law.