Vehicle rental: what should a manager know? The amount, terms and procedure for paying rent

A vehicle lease agreement is a civil law agreement, according to which one party transfers movable property to another for temporary use. The vehicle can be transferred with or without a driving service, which affects the type of contract that must be drawn up.

The Civil Code highlights certain types of lease agreements and lease agreements for certain types of property. It may seem that a vehicle lease is only classified as a lease of a special type of property and does not constitute a separate type of contract. However, upon closer examination of this issue, it becomes clear that such agreements can be classified as separate types.

Every contract is made up of set of agreed conditions reflecting the rights and obligations of the parties. A separate type represents conditions that are mandatory for agreement, because without this the document cannot be considered concluded.

The conditions fixed at the legislative level, the conclusion of which is sufficient for the emergence of contractual obligations, include:

• about the subject of the contract;
• fixed at the legislative level;
• without which this type of contract cannot be concluded;
• put forward as mandatory by one of the counterparties.

If we consider the rental of transport, we can distinguish the following items of the contract: the vehicle itself and its management (depending on whether such services are provided). Devices that are designed to transport people, cargo or equipment (cars, motorcycles, tractors, various ships, aircraft) can act as vehicles.

In some cases, essential conditions are enshrined in regulatory legal acts. For the rental of vehicles, a similar condition can be called the norms for the delivery of the vessel for the time specified in the MTC.

Often, the parties express a desire to include special conditions in the document, without which, in their opinion, it is impossible to sign an agreement. With regard to vehicles, one can give an example of including a clause in the agreement that the car must be returned to the owner in a clean state (after washing).

Regulatory documents

The main regulatory act that regulates the process of renting a vehicle is the Civil Code of the Russian Federation, namely, chapter 34 called "Rent". This chapter also includes information on the rental, rental of real estate and enterprises,.

As for the means of transportation, for this direction there is a separate paragraph No. 3 of the chapter, which is divided into two parts: concerning the transfer of vehicles with a crew for temporary use and related to agreements that exclude the presence of a crew. In addition to the code, the direction of vehicle rental is regulated by the Consumer Rights Protection Law. However, this requires that the rental of vehicles is carried out for their own needs and is not related to doing business.

Classification

According to the Civil Code, contracts for the transfer of vehicles for temporary use can be two kinds:

• implying the availability of transport management services;
• without a crew.

In the first case, the lessor is obliged to transfer the vehicle to the lessee for use, and the management and maintenance functions remain with him. Also, the owner of the transport must produce the following actions:

• monitor the correct condition of the vehicle, carry out related procedures;
• pay and perform other managerial actions with the crew;
• insure the vehicle.

In turn, the person accepting movable property into temporary ownership must bear the costs of the consumables used (fuel, technical fluids). Transferring transport to .

In the second case, one side transfers the transport to the other, while not assuming control functions. With such agreements, some of the mandatory functions are transferred to the person who takes possession of the property, for example:

• maintaining the proper technical condition of the vehicle;
• property insurance.

Naturally, in this case, the person who receives the movable property is obliged to carry out the movement of this transport on his own.

Peculiarities

For contracts excluding crew services, the following is typical:

1. The lessee of the vehicle has the right, without the consent of the present owner, to enter into sublease transactions and transfer the vehicle for temporary use to other counterparties. Such a right may be excluded if the lease document contains a special clause prohibiting the sublease of vehicles. It is noteworthy that for the lease of other property, the Civil Code provided for another rule - the transfer of ownership rights to third parties is impossible without the consent of the present owner.
2. With the help of the subject of the contract, the Lessee may carry out commercial activities related to the conclusion of agreements with third parties, for example, for the carriage of goods. The tenant is deprived of such a right only if there is a clause in the document prohibiting these actions.
3. Maintaining the proper condition of movable property (carrying out current and major repairs). In cases where there are no relevant clauses in the contract, the person who operates it is obliged to maintain the transport. In accordance with the general principles of the lease, the overhaul must be carried out by the present owner.
4. It is necessary to draw up an agreement on renting a vehicle in a simple written form, and there is no need to register it.
5. According to general principles, a tenant who performed his duties in good faith, when concluding a new contract, enjoys an advantage over other applicants. With regard to agreements for the lease of movable property, this rule does not apply here, and the owner is free to follow his own thoughts about the conclusion of a new lease document.

According to article 643 of the Civil Code of the Russian Federation, a vehicle lease agreement without a crew must be drawn up in writing. The general rules that the owner must follow are as follows:

1. The owner is obliged to transfer the vehicle to the lessee within the period stipulated by the terms of the agreement. For bareboat leases, this obligation is waived as the party that will operate the property does so itself.
2. Together with the subject of the contract, all necessary documents and components must be provided.
3. The transferred vehicle must be in good condition.
4. The tenant must be warned about the rights of third parties to the transferred property.

General responsibilities of the tenant under the contract:

1. Responsible for timely payment of services.
2. Must keep property in good condition. Current and major repairs, according to the Civil Code of the Russian Federation, are obliged to be carried out by the party renting a vehicle without a crew.
3. After the expiration of the period specified in the document, the tenant is obliged to return the transport.
4. The operation of the vehicle must be carried out in accordance with the terms of the contract.

The obligations that the tenant bears under paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation:

• operation of the vehicle, including its management;
• expenses for the maintenance of transport are imposed (insurance and other investments arising over the period of ownership).

Failure to comply with vehicle insurance requirements may result in the following actions by the lessor:

1. Making a claim, ignoring which will lead to termination of the agreement, according to the general requirements of the lease.
2. Claims for insurance through the court or insurance on their own. In the latter case, in court, you can demand reimbursement of expenses for insurance.
3. If an insured event occurs, the lessor may require the lessee to compensate for the losses that have arisen as a result of this.

What does it look like

Such an agreement, like other lease agreements, has a standard structure. Consider the clauses of the contract of such an agreement:

1. Common data. At the beginning of the contract, the number of the contract, the place and time where it was concluded are indicated. In addition, the parties are indicated (, full name of the head, on the basis of which document it acts) and their willingness to conclude an agreement.
2. Subject of the contract. This item contains information about the vehicle, its technical condition and the purposes for which it will be used.
3. The term of the contract reflects the period of time in which the transport will be operated.
4. Rights and obligations of the parties. This paragraph describes in detail the obligations of the parties related to the transfer, operation, payment and other nuances of the transaction.
5. The handover order reflects how the vehicle will be handed over at the beginning and end of its life.
6. The settlement procedure contains information on the cost of payment, the timing and methods of its provision.
7. The responsibilities of the parties indicate the sanctions that may be imposed by the parties in case of improper performance of their obligations.
8. Termination of the contract. This paragraph establishes how the procedure for terminating the contractual relationship will be organized.
9. Dispute resolution. This paragraph indicates the procedure for pre-trial settlement, establishes whether this type of permission is mandatory.
10. Force Majeure. This paragraph of the document indicates whether failure to fulfill obligations due to force majeure (fire, flood, etc.) is the basis for exemption from liability.
11. Other conditions. The clause indicates whether there are other agreements between the parties.
12. Details of the parties.
13. Signatures of the parties.

This video discusses a simple vehicle rental agreement without a crew.

In today's article, I will tell you about rental agreement for a vehicle without a crew.

The purpose of my article is to help you competently draw up a vehicle rental agreement without a crew.

In my article, I will give the most important fundamental points, without which a vehicle rental agreement without a crew will not be considered effective.

I hope you get useful information from this article.

So, in this article:

Subject and object of the contract for the lease of a vehicle without a crew

As stated in Art. 642 of the Civil Code of the Russian Federation,

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without providing services for its management and its technical operation.

In the specified definition, in fact, the subject of the lease agreement for a vehicle without a crew is already indicated - the obligation of the lessor to provide the vehicle for temporary possession and use, without providing services for driving it and its technical operation, and the counter obligations of the lessee on the rent for the provided vehicle.

By the way, no matter how much I monitor various legal websites, I see the same mistake everywhere: website authors often confuse the subject of a vehicle lease agreement without a crew with its object.

Remember: The subject of a lease agreement for a vehicle without a crew is the corresponding obligations of the parties to the agreement, and the object of a lease agreement of this type is a vehicle.

In the vehicle rental agreement, it is always necessary to indicate the following data about the rental object:
- name of the vehicle;
— individual features of the vehicle.

I would like to note that not only a vehicle, but also special equipment, that is, special-purpose equipment designed to perform a wide variety of tasks, can be the object of a vehicle lease agreement without a crew.

To properly determine the name of the vehicle in the contract, I recommend prescribing the name indicated in the documents related to this vehicle.

These include documents certifying the fact of state registration of vehicles and the rights to them:

1) for complete vehicles with an engine displacement of 50 cu. cm or more and a maximum design speed of 50 km / h or more - vehicle passports.

According to paragraph 27 of the Regulations on vehicle passports and vehicle chassis passports, approved. By orders of the Ministry of Internal Affairs of Russia N 496, the Ministry of Industry and Energy of Russia N 192, the Ministry of Economic Development of Russia N 134 dated 06/23/2005)

in the passport, as the name (type) of the vehicle, the characteristic of the vehicle is indicated, determined by its design features and purpose (for example, a passenger car, bus).

2) for self-propelled machines with a working volume of an internal combustion engine of more than 50 cubic meters. cm - passports of self-propelled vehicles (clause 3.3 of the Regulations on the passport of self-propelled vehicles and other types of equipment, approved by the State Standard of Russia on 06/26/1995, the Ministry of Agriculture and Food of Russia on 06/28/1995).

If in the contract vehicles are designated in a generalized way, without specifying a specific type, name (type) - for example, as "vehicles", self-propelled machines - as "construction mechanisms", the name of the vehicle is considered indefinite.

This, in particular, is indicated in the Decree of the FAS of the East Siberian District of 03.03.2009 N A10-1358 / 08-F02-648 / 09.

Please note: according to paragraph 3 of article 607 of the Civil Code of the Russian Federation

The lease agreement must contain data that make it possible to definitely establish the property to be transferred to the tenant as an object of lease. In the absence of these data in the contract, the condition on the object to be leased is considered not agreed by the parties, and the corresponding contract is not considered concluded.

Thus, in a lease agreement for a vehicle without a crew, it is imperative to indicate the signs that individualize the vehicle being leased.

For motor vehicle such signs are recognized by judicial practice: brand, color, state registration number, VIN, year of manufacture, as well as engine, body and chassis numbers.

All of these features can be found in the vehicle's passport.

See for example:

- Decree of the FAS of the East Siberian District of 03.03.2009 N A10-1358 / 08-Ф02-648 / 09;

- Decree of the Federal Antimonopoly Service of the Far Eastern District of February 22, 2005 N F03-A04 / 04-1 / 4583;

- Decree of the Federal Antimonopoly Service of the Urals District of 07.10.2008 N Ф09-7220 / 08-С4;

- Decree of the Federal Antimonopoly Service of the Urals District of August 13, 2008 N Ф09-5606 / 08-С4;

- Resolution of the Eighth Arbitration Court of Appeal dated 08.12.2011 in case N A75-4205 / 2011.

For special equipment, self-propelled machines such individualizing features are recognized by judicial practice

- the name and brand of the car (see Resolution of the Seventeenth Arbitration Court of Appeal dated 08.20.2009 N 17AP-1549 / 2009-AK);

- year of issue (see the Resolution of the Eighth Arbitration Court of Appeal dated 10.08.2010 in case N A70-480 / 2010;

- serial number of the machine (frame) (see Decree of the FAS of the Far Eastern District of September 18, 2001 N F03-A51 / 01-1 / 1773);

- state registration number, if any (see Decree of the Federal Antimonopoly Service of the Urals District of 04.06.2008 N F09-4061 / 08-S4 and Decree of the Seventeenth Arbitration Court of Appeal of 28.01.2008 N 17AP-9369 / 2007-GK).

How to prescribe the individualizing features of the vehicle in the lease agreement?

Option 1.

The object of lease under this agreement is an IVECO EuroTrakker truck tractor, year of manufacture 2003, VIN XDF123T345667, engine SF456Gd23, chassis 00112233445567, body color: blue, state number X001EP 00 RUS, vehicle passport AI 12345667, issued on 10.09.2003.

Option 2.

In accordance with this agreement, the Lessor undertakes to provide the Lessee for a fee for temporary possession and use (rent) of a vehicle, hereinafter referred to as the “vehicle”, in accordance with the Property Transfer and Acceptance Certificate (Appendix No. 1), which is attached to this agreement and is its an integral part, without the provision of services for its management and its technical operation. The tenant undertakes to accept the vehicle and pay the rent.

As you can see, in the first version, I wrote down the individualizing features of the lease object directly in the contract.

In the second option, he indicated that the individualizing features of the vehicle must be viewed in Appendix No. 1 to the contract.

I recommend using the second option in cases where the author of this article is a practicing lawyer Evgeny Volkov https: // site under one vehicle rental agreement without a crew, you plan to rent / lease several vehicles or several types of special equipment at once.

In this case, it will be more convenient for you to draw up Appendix No. 1 to the contract in some program, like Excel, in the form of a table.

By the way, if we are talking about the rental of special equipment, which is on the balance sheet of your enterprise, then as individualizing signs of special equipment, you can indicate the inventory number, business number, book value and carrying capacity.

These features will be quite enough to ensure that the leased special equipment cannot be confused with other special equipment.

If the individualizing features of the leased vehicle are not specified in the contract, or if they are incompletely specified, then the contract will not be concluded.

And these are already possible risks. Moreover, both the Lessee and the Lessor have risks.

More specifically, in this case, the possible tenant risks are that:

Risk #1. The tenant may not be able to recover the penalty under the contract. There are such precedents in judicial practice.

So, for example, in the Decree of the Federal Antimonopoly Service of the Volga District of April 27, 2000 in case N A72-2311 / 99-X197 it is indicated

If the parties have not agreed in the contract with data that makes it possible to definitely determine which vehicle is being transferred to the tenant, then in accordance with paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, the condition on the object is considered inconsistent, and the contract is considered not concluded. In this case, the tenant cannot recover from the landlord the penalty established by the contract for violation of its terms.

However, there is also an opposite position in judicial practice, which, by the way, can be used by the tenant in defense of his interests, namely:

a vehicle lease agreement is considered concluded even if the condition on the object is not agreed upon in it, but at the same time the parties did not have any disagreements regarding the leased property during the actual transfer of vehicles for rent and / or during its execution by the parties.

A similar position can be found in the following judicial acts:

- Determination of the Supreme Arbitration Court of the Russian Federation of 04/09/2008 N 4849/08;

- Resolution of the Fifteenth Arbitration Court of Appeal dated March 19, 2012 N 15AP-1474/2012;

- Resolution of the Federal Antimonopoly Service of the Moscow District dated September 20, 2011 in case N A40-19705 / 11-53-167;

- Resolution of the Thirteenth Arbitration Court of Appeal dated September 15, 2011 in case N A56-4485 / 2011;

- Resolution of the Twelfth Arbitration Court of Appeal dated April 29, 2011 in case N A12-22267 / 2010;

- Resolution of the Eighth Arbitration Court of Appeal dated March 21, 2011 in case N A75-7476 / 2010;

- Resolution of the Federal Antimonopoly Service of the North Caucasus District of March 11, 2011 in case N A61-1005 / 2010;

- Decree of the Federal Antimonopoly Service of the Volga District of 05/07/2010 in case N A55-17115 / 2009;

- Resolution of the Eighteenth Arbitration Court of Appeal of December 25, 2009 N 18AP-11142/2009.

Risk #2. The tenant may not be able to recover damages.

If the agreement does not contain data on the brand, state number of the vehicle, body number, color, year of manufacture, the agreement may be recognized as not concluded, since it will be impossible to individualize the object of the lease agreement.

In this case, the lessee who has entered into an agreement with a third party for the provision of services using a rented vehicle will not be able to claim compensation for losses incurred as a result of the execution of the agreement. This, in particular, was indicated in the Resolution of the Sixth Arbitration Court of Appeal of December 6, 2011 N 06AP-4735/2011.

In this case, the tenant also needs to refer to the protection of his interests on the same circumstances that I indicated above for Risk No. 1.

As for the lessor, for him the risks in case of failure to indicate or incomplete indication of the individualizing features of the vehicle will be as follows:

Risk #1. The contract may be recognized as not concluded.

If the parties have not agreed on the individualizing characteristics of the vehicle, the lease agreement is considered not concluded, since its object has not been agreed upon (clause 3 of article 607 of the Civil Code of the Russian Federation).

In addition, in this case, the landlord will not be able to prove the fact of the transfer of the leased object and its use by the tenant and demand payment of rent.

Such conclusions follow from the analysis of judicial practice. See for example:

- Decree of the Federal Antimonopoly Service of the Urals District of August 18, 2011 N Ф09-4958 / 11;

- Decree of the Federal Antimonopoly Service of the Ural District of September 28, 2010 N Ф09-7957 / 10-С;

- Decree of the Federal Antimonopoly Service of the Urals District of December 19, 2001 N F09-2454 / 2001-GK;

- Resolution of the Second Arbitration Court of Appeal dated 06/22/2011 in case N A31-7466 / 2010).

Risk #2. A contract for the lease of a vehicle without a crew can be qualified as a contract of carriage.

If the rental agreement for a vehicle with a crew does not specify the individualizing characteristics of the rental object, the agreement can be qualified as a transportation agreement (chartering agreement for transportation on orders).

In this regard, the relations of the parties will be subject to the rules on transportation by road, including a special statute of limitations - 1 year (Article 42 of the Federal Law of November 8, 2007 N 259-FZ "Charter of Road Transport and Urban Ground Electric Transport") .

After this period, the landlord will not be able to collect the rent.

This is stated, in particular, in the Decree of the Federal Antimonopoly Service of the North Caucasus District dated November 25, 2010 in case N A53-26866 / 2009.

Parties to the lease of a vehicle without a crew

The parties under the lease agreement for a vehicle without a crew are the lessor and the lessee.

In the civil legislation of the Russian Federation, we will not find an exhaustive list of persons who can act as a tenant or landlord.

They can be individuals, individual entrepreneurs, legal entities.

If there are no questions with the tenant, then I will clarify a couple of points regarding the figure of the landlord.

According to Art. 608 of the Civil Code of the Russian Federation

The right to lease property belongs to its owner.

The transfer of property for rent is one of the ways to dispose of property, and, as a general rule, only its owner has the right to dispose of property.

In accordance with paragraph 1 of article 209 of the Civil Code of the Russian Federation

The owner has the right to own, use and dispose of his property.

Landlords may also be persons authorized by law or the owner to lease property.

It follows that the lessor can be both the owner of the property and a person authorized by law or the owner to lease this property.

Such authorization may result, in particular, from a power of attorney. According to paragraph 1 of article 185 of the Civil Code of the Russian Federation

A power of attorney is a written authorization issued by one person to another person or other persons for representation before third parties.

In order to conclude a lease agreement for a vehicle without a crew, a person to whom a power of attorney has been issued must expressly provide for the right to transfer the vehicle (special equipment) for rent or the right to dispose of the vehicle (special equipment) in the power of attorney.

Keep in mind that in cases where none of these powers of the representative is indicated in the trust, the representative is not entitled to enter into lease agreements for a vehicle without a crew.

The concluded rental agreement for a vehicle without a crew in this case will be void by virtue of Art. 168 of the Civil Code of the Russian Federation, if the owner of the vehicle (special equipment) subsequently does not approve such a transaction.

Paragraph 2 of Art. 168 of the Civil Code of the Russian Federation

A transaction that violates the requirements of a law or other legal act and at the same time infringes on public interests or the rights and legally protected interests of third parties is void, unless it follows from the law that such a transaction is voidable or other consequences of the violation that are not related to the invalidity of the transaction must apply.

A transaction made by one person on behalf of another person by virtue of an authority based on a power of attorney directly creates, changes and terminates the civil rights and obligations of the person represented.

Therefore, even if the lease agreement for a vehicle without a crew is concluded on behalf of the lessor by its representative, then the author of the article, Evgeny Volkov, a practicing lawyer, https: // site in the agreement for renting a vehicle without a crew, it is the owner of the vehicle that must be indicated as the lessor or special equipment.

The person to whom the power of attorney is issued will only be a representative who acts on behalf of the owner, not the landlord.

Accordingly, the tenant will have to pay for the rent to the lessor-owner, and not to his representative, (unless the power of attorney provides for the right of the representative to receive rental payments or other income from the disposal of a vehicle or special equipment).

In addition, you should also be aware that, according to paragraph 10 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 N 73 “On Certain Issues in the Practice of Applying the Rules of the Civil Code of the Russian Federation on a Lease Agreement”,

Courts should bear in mind that, within the meaning of Art. 608 of the Civil Code of the Russian Federation, the lessor, who has entered into a lease agreement and has assumed the obligation to transfer property to the tenant for possession and use or only for use, must have the right of ownership to it at the time the property is transferred to the tenant.

With this in mind, a lease agreement concluded by a person who does not have the right of ownership of the leased object at the time of its conclusion (a lease agreement for a future thing) is not invalid on the basis of Articles 168 and 608 of the Civil Code of the Russian Federation.

In the event of failure to fulfill the obligation to transfer the thing for rent (including due to the fact that the thing that was the subject of such a lease agreement was not created by the lessor or acquired by him from a third party), the lessor is obliged to compensate the lessee for losses caused by violation of the contract.

Translated into Russian, it is allowed to conclude a lease agreement if the lessor does not yet have ownership of the leased item at the time of the conclusion of the agreement.

The lessor, who has concluded a lease agreement and has assumed the obligation to transfer the property to the lessee for possession and use or only for use, must have the right of ownership to it only by the time the property is transferred to the lessee.

In addition, keep in mind that a lease agreement concluded with a person who, at the time of the lease of the thing, was the legal owner of the newly created by him or transferred to him immovable property (for example, in pursuance of a contract of sale) and whose ownership of the immovable property is not yet was registered in the register, also does not contradict the provisions of Article 608 of the Civil Code of the Russian Federation and cannot be invalidated on the above grounds.

Term in the lease agreement for a vehicle without a crew

The term of the contract (term of lease) must be determined according to the rules of Art. Art. 190 - 194 of the Civil Code of the Russian Federation, namely:
- calendar date;
- the expiration of a period of time calculated in years, months, weeks, days or hours;
- an indication of an event that must inevitably occur.

The contract usually specifies the beginning and end of the lease term. The beginning of the lease term establishes the moment at which the property must be provided to the tenant for temporary possession and use or use.

The beginning of the term of the contract is determined by the moment of its conclusion (clause 1, article 425 of the Civil Code of the Russian Federation).

Based on the meaning of paragraph 1 of Art. 433, Art. 435, 438 of the Civil Code of the Russian Federation, the contract is considered concluded at the moment the person who sent the offer receives its acceptance.

In the case of a contract, which is drawn up in the form of a single document, this moment will be the signing of it by both parties.

However, the law may establish a different moment of conclusion of the contract: for example, the moment of its state registration or transfer of property.

In addition, the start of using the vehicle may coincide with the start of the vehicle lease agreement.

According to Art. Art. 632, 642 of the Civil Code of the Russian Federation, the lessor provides (and does not undertake to provide) the vehicle to the tenant.

This wording is typical for the so-called real contracts, the conclusion of which, by virtue of paragraph 2 of Art. 433 of the Civil Code of the Russian Federation requires the transfer of property.

In judicial practice, opposing positions have developed regarding the moment of conclusion of a vehicle lease agreement (with and without a crew).

1. Some courts believe that the vehicle rental agreement in accordance with paragraph 2 of Art. 433 of the Civil Code of the Russian Federation is considered concluded only from the moment the vehicle is leased.

In the absence of evidence of the transfer of property, the contract is considered not concluded, rights and obligations under it do not arise.

Attention is drawn to this, in particular, in these court decisions:

- Decree of the Federal Antimonopoly Service of the Urals District of September 19, 2002 N F09-2261 / 02-GK;

- Resolution of the Eighth Arbitration Court of Appeal dated March 19, 2013 in case N A46-28507 / 2012;

- Resolution of the Seventh Arbitration Court of Appeal dated July 9, 2009 N 07AP-4628/2009;

- Resolution of the Second Arbitration Court of Appeal dated May 27, 2010 in case N A28-18556 / 2009;

- Resolution of the Second Arbitration Court of Appeal dated January 17, 2008 in case N A17-3188 / 3-2007;

- Resolution of the Ninth Arbitration Court of Appeal dated April 23, 2010 N 09AP-7575 / 2010-GK).
2. Other courts hold that

to conclude a vehicle lease agreement, it is enough to agree on all the essential conditions, and the transfer of property is required to prove its execution

For this see, for example,

- Decree of the Federal Antimonopoly Service of the Moscow District dated May 11, 2006 N KG-A40 / 3654-06;

- Resolution of the Thirteenth Arbitration Court of Appeal dated March 29, 2010 in case N A56-44602 / 2009;

- Resolution of the Thirteenth Arbitration Court of Appeal dated January 22, 2009 in case N A56-14240 / 2008.

Since the judicial practice on this issue is ambiguous, I would advise calculating the term of the lease agreement not from the date of its signing, but from the date of signing the vehicle transfer certificate, or to sign the agreement and the transfer and acceptance certificate at the same time.

If the term of the contract is not determined in accordance with the rules of Art. Art. 190 - 194 of the Civil Code of the Russian Federation, then in this case the period will be recognized as inconsistent and the contract will be considered concluded for an indefinite period (clause 2 of article 610 of the Civil Code of the Russian Federation).

In particular, in accordance with paragraph 4 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 N 66

improper agreement of the term is an indication of an event that depends on the will of the parties and therefore is not inevitable, for example, the commission of any actions by a party to the contract or a third party.

The end of the lease term determines the moment when the property is returned from the tenant's temporary possession and use (Article 622 of the Civil Code of the Russian Federation).

Provision of a vehicle under a vehicle lease agreement without a crew

The condition for the provision of a vehicle determines where, in what period and in what condition the vehicle is provided to the tenant (Articles 611, 625 of the Civil Code of the Russian Federation).

If the condition for providing the vehicle for rent is not agreed upon, then in this case the vehicle must be transferred to the lessee in a condition corresponding to the purpose of the vehicle within a reasonable time after signing the contract (Article 611 of the Civil Code of the Russian Federation).

The vehicle must be handed over with all its accessories and related documents (Clause 2, Article 611 of the Civil Code of the Russian Federation).

The transfer must take place at the place of storage of the vehicle, if it was known to the lessee at the time of the conclusion of the contract (paragraph 4 of article 316 of the Civil Code of the Russian Federation), or at the location or place of residence of the lessor (paragraph 6 of article 316 of the Civil Code of the Russian Federation).

The parties have the right to determine any place for the transfer of the vehicle for rent (paragraph 1 of article 316 of the Civil Code of the Russian Federation).

This may be the location of the lessee or lessor, the location where the vehicle is stored, or another agreed location.

In order to avoid disagreements in the contract, I advise you to indicate the exact address of the place of transfer of the leased object.

The parties may provide in the contract that the place of transfer is set by the lessor unilaterally. In this case, I advise you to determine the period for notifying the tenant about the selected place, as well as the method of such notification (by e-mail, fax, telephone, etc.).

I also recommend that you record in writing the fact of transferring the vehicle for rent in order to avoid disputes about the moment when the use of the property began and the obligation to pay the rent arose.

The presence of evidence of the transfer of the vehicle is of particular importance due to the fact that in relation to the moment of conclusion of the vehicle lease agreement, an ambiguous approach has developed in judicial practice.

Some courts consider the contract to be consensual, i.e. concluded from the moment the parties reach agreement on all its essential conditions (clause 1, article 432 of the Civil Code of the Russian Federation).

Others adhere to the position that the contract is real and is considered concluded only from the moment the property is transferred.

If the court recognizes the contract as real, and the parties cannot provide evidence of the transfer of property for rent, then the contract may be recognized as not concluded, the obligations of the parties under it will not arise (see, for example, Decree of the Federal Antimonopoly Service of the Urals District of September 19, 2002 N F09-2261 / 02 -GK).

In order to avoid such a situation, I advise you to draw up an appropriate act, or include in the contract a condition that it is at the same time an act of acceptance and transfer of a vehicle (Article 421 of the Civil Code of the Russian Federation).

Such an agreement will be recognized as proper evidence of the transfer of the vehicle to the lessee. See, for example,

- Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of February 15, 2010 in case N A28-10377 / 2009,

- Resolution of the Federal Antimonopoly Service of the Central District of 06/10/2010 in case N A68-10306 / 2009.

In this case, the lessor will not be able to declare non-fulfillment of the obligation to transfer the vehicle, referring to the fact that the acceptance certificate was not signed (see, for example, the Resolution of the First Arbitration Court of Appeal of December 25, 2008 in case No. A79-3354 / 2008) .

The parties may provide in the contract for requirements for the condition of the leased object, in which the lessor must transfer it to the lessor (clause 1, article 611 of the Civil Code of the Russian Federation).

Regulatory legal acts provide general requirements for the technical condition of the vehicle, in which it is allowed to operate.

In addition, these acts may establish a list of shortcomings and malfunctions in which the operation of the vehicle is prohibited.

Due to the dispositiveness of the norm of paragraph 1 of Art. 611 of the Civil Code of the Russian Federation, the parties may also agree on the transfer of a vehicle with defects, the presence of which does not prevent its operation in accordance with regulatory legal acts.

The tenant should take into account that the author of this article, practicing lawyer Yevgeny Volkov https: // site, when indicating such shortcomings in the contract or the acceptance certificate, he, by virtue of clause 2 of Art. 612 of the Civil Code of the Russian Federation in the future will not be able to refer to the condition of the vehicle unsuitable for operation (for this, see, for example, the Decree of the Federal Antimonopoly Service of the Central District of 05.26.2011 in case No. A62-4058 / 2010).

I also strongly recommend that the contract describe in great detail the shortcomings of the transferred property (for example, clearly indicate the location of damage, their nature and size) in order to avoid disputes in the future as to whether defects arose before the transfer of the vehicle to the tenant or after.

If the condition and shortcomings of the vehicle are not agreed upon in the contract, then the lessor must provide the lessee with the vehicle in a condition corresponding to its purpose and purpose of use (clause 1, article 611 of the Civil Code of the Russian Federation).

If the shortcomings of the vehicle are not specified in the contract, then if they are discovered, the tenant may demand early termination of the contract (clause 1, article 612 of the Civil Code of the Russian Federation).

Return of a vehicle under a vehicle rental agreement without a crew

The parties in the contract may determine the procedure for the return of the vehicle. To do this, you need to specify in the contract:

- place of return of the vehicle

The parties have the right to determine any place for the return of the rented vehicle. This may be the location of one of the parties, the location where the vehicle is used, or another agreed location.

To avoid disagreements, the contract must specify the exact address of the place where the vehicle will be returned.

At the same time, the place of acceptance should be chosen in such a way that both parties can participate in it, i.e. The place must be geographically accessible.

If the place of return of the vehicle is not agreed, then the lessee will be obliged to return the vehicle to the place where he received it, for example, to the parking lot of the lessor.

Otherwise, he will have to reimburse the lessor for the costs associated with the return of the vehicle, for example, the cost of towing the car, the cost of living for the lessor's employee who performs the towing.

- vehicle return date

According to par. 1 st. 622, Art. 625 of the Civil Code of the Russian Federation, upon termination of the lease agreement, the tenant is obliged to return the vehicle. This means that the vehicle must be returned at the time of termination of the contract.

However, the parties often set a different moment (term) for the return of the vehicle. For example, they may specify in the contract that the vehicle must be returned within a certain time after the expiration of the contract or its termination.

When agreeing to this condition, remember that par. 2 tbsp. 622 of the Civil Code of the Russian Federation gives the lessor the right, in the event of untimely return of property, to require the tenant to pay rent for the entire period of actual use of the leased object until its return.

When agreeing on the term for the return of the vehicle in the above manner, the return of the property can be carried out by the tenant not at the time of termination of the contract, but later.

In this case, the tenant is obliged to pay rent for the entire period until the actual return of the property, since the return period is included in the period of actual use payable.

However, if the lessor evaded acceptance of the property, he is not entitled to require the lessee to pay rent for the actual use of the property after the termination of the contract.

If the term for the return of the vehicle is not specified in the contract, then in this case the tenant will be obliged to return the vehicle at the time of termination of the lease agreement (Article 622 of the Civil Code of the Russian Federation).

- the condition of the vehicle at the time of its return

As a general rule, upon termination of the lease agreement, the lessee is obliged to return the vehicle to the lessor in the condition in which he received it, taking into account normal wear and tear (paragraph 1, article 622, article 625 of the Civil Code of the Russian Federation).

Normal wear and tear is understood to mean that degree of change in a thing that is assumed to be natural during its normal use during the term of the contract.

For some things, the indicator of normal wear and tear can be established by technical standards or determined by the usual requirements (based on the conditions for using the thing).

The parties may agree on a different condition of the vehicle at the time of its return (paragraph 1 of article 622 of the Civil Code of the Russian Federation).

For example, the contract may provide that the leased property is returned repaired or with improvements made by the tenant.

However, in this case, the lessee is subject to additional obligations to improve the condition of the vehicle.

If the parties have not agreed on the requirements for the condition of the vehicle at the time of its return, then in this case the lessee will be obliged to return the rental object in the condition in which it was received, taking into account normal wear and tear (paragraph 1 of article 622 of the Civil Code of the Russian Federation).

That is, the tenant will have to eliminate all the changes made that are not provided for in the contract, even if as a result of such changes the vehicle was improved.

However, if the lessor has accepted the vehicle with the changes made, the lessee will not be obliged to eliminate them (see, for example, Resolution of the Federal Antimonopoly Service of the North-Western District of May 10, 2007 in case N A56-15471 / 2006).

I draw special attention to the fact that the law does not establish requirements for how the return of a rented vehicle should be processed.

Judicial practice proceeds from the fact that a return can only be confirmed by documentary evidence. This is, for example, indicated in the following judgments:

- Determination of the Supreme Arbitration Court of the Russian Federation of February 21, 2008 N 1224/08;

- Resolution of the FAS of the East Siberian District of 07.07.2011 in case N A19-706 / 10;

- Decree of the Federal Antimonopoly Service of the Moscow District dated March 11, 2010 N KG-A41 / 1021-10-P.

Usually, the confirming document is the act of acceptance and transfer (see, for example, Resolution of the FAS of the North-Western District of March 15, 2010 in case N A05-8958 / 2009, Resolution of the FAS of the Ural District of May 28, 2009 N F09-2852 / 09-C4, Decree of the Federal Antimonopoly Service of the Far Eastern District of February 17, 2010 N F03-8153 / 2009).

Maintenance of a vehicle under a vehicle lease agreement without a crew

The maintenance of a vehicle under a vehicle lease agreement without a crew implies maintaining it by the tenant in proper condition, including current and major repairs (Article 644 of the Civil Code of the Russian Federation).

That is, the tenant must carry out the entire range of activities related to the maintenance and preservation of the vehicle's performance.

The maintenance of the vehicle can also be attributed to the tenant's responsibilities for the maintenance of the vehicle. This is specifically mentioned in case law. See e.g.:

- Determination of the Supreme Arbitration Court of the Russian Federation of September 22, 2010 N VAC-12684/10;

- Decree of the Federal Antimonopoly Service of the Volga District of September 26, 2006 in case N A06-145 / 2-22 / 06;

- Resolution of the Seventeenth Arbitration Court of Appeal dated March 11, 2010 N 17AP-1611 / 2010-AK;

- Resolution of the Seventh Arbitration Court of Appeal dated 22.08.2008 N 07AP-4571/08.

In judicial practice, there is an approach according to which the norm of Art. 644 of the Civil Code of the Russian Federation is imperative and does not allow the parties to assign the obligation to carry out maintenance, overhaul or current repairs of the vehicle to the lessor.

This approach can be found, for example, in these judgments:

- Decree of the Federal Antimonopoly Service of the Volga District of December 28, 2010 in case N A55-2576 / 2010;

- Resolution of the Eighth Arbitration Court of Appeal dated August 10, 2010 in case N A75-11469 / 2009;

- Resolution of the Eighth Arbitration Court of Appeal dated March 19, 2010 in case N A46-19848 / 2009;

- Resolution of the Second Arbitration Court of Appeal dated 08.08.2011 in case N A28-10932 / 2010).

There is also a court decision, which emphasizes that the norms of the Civil Code of the Russian Federation do not allow the parties to establish a different procedure in the contract (this is indicated in the Resolution of the Federal Antimonopoly Service of the North-Western District of April 23, 2013 in case N A66-4401 / 2012).

At the same time, there is another position in judicial practice, according to which it is recognized as legitimate to include in the lease agreement for a vehicle without a crew the condition that current and major repairs can be carried out by the lessor (see, for example, the Resolution of the Nineteenth Arbitration Court of Appeal of 26.01.2011 in case N A64-4529/2010).

However, since this position has not been repeatedly confirmed in judicial practice, it is not recommended to include this condition in the contract.

To agree on the conditions for the maintenance of the vehicle, the contract should provide for

– types, volume and terms of work on the maintenance of this tool

The types, scope of work on the maintenance of the vehicle and the deadlines for their implementation are not established in the Civil Code of the Russian Federation, therefore they are determined by the tenant independently.

At the same time, the lessor is interested in the work performed by the lessee to ensure the maintenance or restoration of the vehicle owned by the lessor, so I advise you to determine the procedure and conditions for its maintenance by the lessee during the period of temporary possession and use.

In particular, in the contract, it would be desirable for you to determine what specific work the tenant is obliged to carry out, set deadlines for repair work and maintenance, determine the scope and timing of work in case of emergencies, etc.

If the condition on the types, scope and timing of the lessee's work on the maintenance of the vehicle is not agreed, then in this case, within the meaning of Art. 644 of the Civil Code of the Russian Federation, the tenant determines them independently, taking into account the mandatory requirements established by regulatory legal acts (Article 309 of the Civil Code of the Russian Federation).

— distribution of maintenance costs

In accordance with Art. 646 of the Civil Code of the Russian Federation, the lessee bears the costs of maintaining a vehicle under a vehicle lease agreement without a crew.

However, the norm of this article is dispositive and allows the parties to provide in the contract their own procedure for the distribution of costs.

In particular, the obligation to bear such expenses can be fully assigned to the lessor or distributed between both parties according to the types of expenses, for example, only expenses for major repairs can be charged to the lessor.

If the contract does not define the procedure for incurring the costs of maintaining the vehicle, then in this case, all costs associated with maintaining the vehicle must be borne by the tenant (Article 646 of the Civil Code of the Russian Federation), and he will not be entitled to demand reimbursement from the lessor.

Operation of a vehicle under a vehicle lease agreement without a crew

The operation of the vehicle by the tenant involves the use of the consumer properties of the vehicle in his own interests.

Under a lease agreement for a vehicle without a crew, the lessee is obliged to carry out the commercial and technical operation of the vehicle on its own, as well as drive it (Article 645 of the Civil Code of the Russian Federation).

To agree on the conditions for the operation of the vehicle by the tenant, it is recommended to indicate in the contract:

- a condition on the distribution of costs associated with the operation of the vehicle;
- a condition on the insurance of the vehicle and the liability of its owner.

The agreement may also provide for:

- requirements for the management and technical operation of the vehicle;
- mode of control and technical operation of the vehicle;
- purpose of using the vehicle.

If the condition for the operation of the vehicle is not agreed upon, then the procedure for operating the vehicle will be determined by the lessee in compliance with the requirements of laws and other legal acts or in accordance with the usual requirements (Articles 644, 309 of the Civil Code of the Russian Federation).

In this case, the lessor will not be able to prohibit the lessee from intensive use of the vehicle, which may lead to its premature wear.

The costs associated with the operation of the vehicle shall be borne by the tenant, unless otherwise provided by the contract (Article 646 of the Civil Code of the Russian Federation).

In this case, the parties in the contract may determine the procedure for distributing the costs associated with the operation of the vehicle.

If the parties have not agreed on who bears the costs associated with the operation of the vehicle, then the specified costs under the vehicle lease agreement without a crew are borne by the tenant (Article 646 of the Civil Code of the Russian Federation). In the event that such expenses were incurred by the lessor, then he has the right to demand compensation from the tenant.

Rent under a vehicle lease agreement without a crew

The condition of the lease payment The Civil Code of the Russian Federation does not refer to the essential conditions of the contract for the lease of movable property.

Therefore, even if the contract does not contain this condition, it is concluded.

According to paragraph 2 of Art. 614 of the Civil Code of the Russian Federation

rent can be set as:
- a fixed amount of payments;
— shares of proceeds from the use of leased property;
— provision of services;
- transfer of property into ownership;
- transfer of property for rent;
- laying on the tenant the costs of improving the leased property;
- other forms at the discretion of the parties.

If the condition on the type (form) of the rent is not agreed upon, then in this case the form of the rent, usually used when renting similar property under comparable circumstances, is considered to be established (clause 1, article 614 of the Civil Code of the Russian Federation).

In the event that the parties believe that during the term of the contract the circumstances from which they proceeded in determining the amount of rent may change, then I advise that a condition be provided in the contract for changing the amount of rent.

The parties have the right to agree on the possibility of changing the rent by establishing:

1) grounds for changing the amount of rent.

The rent can be changed in accordance with the terms of the contract for the following reasons:

- agreement of the parties (clause 1 of article 450 of the Civil Code of the Russian Federation);
- unilateral change (clause 3 of article 450 of the Civil Code of the Russian Federation).

2) the procedure for changing the amount of rent.

Depending on the grounds for amending the contract, the parties may establish:

- the procedure and time for changing the rent by agreement of the parties;
- the procedure and time for changing the rent unilaterally;

3) conditions for changing the amount of rent.

4) the timing (periodicity) of changes in the amount of rent.

5) the amount (limit) of the change in the amount of rent.

Also, in the lease agreement for a vehicle without a crew, it is imperative to provide for a condition on the procedure and frequency of paying the rent.

Responsibility of the parties under a vehicle lease agreement without a crew

Responsibility can be set as:

- compensation for losses (Articles 15, 393 of the Civil Code of the Russian Federation);

- payment of interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation);

- payment of a penalty for improper performance or non-performance of an obligation under an agreement (Article 330 of the Civil Code of the Russian Federation).

The parties must determine in the contract, for the violation of which of its conditions and to what extent this or that liability arises or a penalty is paid.

The grounds for compensation for losses (i.e. cases of violation or improper performance of the terms of the contract, for which the injured party has the right to demand the recovery of losses) are established by law and may be provided for by the contract.

The grounds for compensation for losses by the lessor, specified in the law:

1) the vehicle was handed over to the lessee without accessories and/or related documents (technical passport, quality certificate, etc.) and without them the lessee cannot use the vehicle in accordance with its purpose or is largely deprived of what was entitled to count at the conclusion of the contract (clause 2, article 611, article 625 of the Civil Code of the Russian Federation);

2) in case of detection of shortcomings in the leased vehicle, satisfaction of the lessee's claims or deduction by him of the costs of eliminating the shortcomings from the rent does not cover the losses incurred (clause 1, article 612, article 625 of the Civil Code of the Russian Federation);

3) the lessor did not warn the lessee about all the rights of third parties to the vehicle and this led to losses for the lessee (Articles 613, 625 of the Civil Code of the Russian Federation);

4) the basis for changing or terminating the contract was a significant violation of the contract by the lessor (clause 5, article 453, clause 2, article 450 of the Civil Code of the Russian Federation);

5) any non-fulfillment or improper fulfillment of an obligation (Article 393 of the Civil Code of the Russian Federation).

The grounds for compensation of losses by the tenant, specified in the law:

1) the tenant does not use the vehicle in accordance with the terms of the lease agreement or the purpose of the property (clause 3 of article 615 of the Civil Code of the Russian Federation);

2) the basis for changing or terminating the contract was a significant violation of the contract by the tenant (clause 5, article 453, clause 2, article 450 of the Civil Code of the Russian Federation);

3) the lessee returned the vehicle in a worse condition than it was received (Article 622 of the Civil Code of the Russian Federation);

4) any non-fulfillment or improper fulfillment of an obligation (Article 393 of the Civil Code of the Russian Federation).

Note: damages are compensated only if the party claiming them proves the following circumstances:

- the fact of violation by the other party of the obligation established by the contract or law;
- the fact of occurrence of losses;
— causal relationship between these events;
- the amount of losses.

Therefore, if you are not confident in your abilities and doubt whether you can prove to the court all these circumstances, then it is better for you to immediately seek help from a qualified specialist, having previously concluded with him. A lawyer can help you resolve the dispute in your favor.

Amendment and termination of the lease agreement for a vehicle without a crew

The grounds and procedure for changing and terminating a vehicle lease agreement are regulated by the norms of Ch. 29, art. Art. 619, 620 of the Civil Code of the Russian Federation, which apply to relations under this type of contract (Article 625 of the Civil Code of the Russian Federation).

The parties may choose and agree in advance on the method most suitable for them to modify and terminate their relationship.

The parties may agree to amend and terminate the contract in the following order:

— change and termination of the contract by agreement of the parties.
- termination of the contract in court at the request of one of the parties.
- unilateral refusal to perform the contract.

When agreeing on the condition of unilateral refusal, the parties, depending on the term of the contract, should determine:

- grounds for unilateral refusal to execute an agreement concluded for an indefinite period.

In accordance with Art. 610 of the Civil Code of the Russian Federation, applicable to relations under this type of contract (Article 625 of the Civil Code of the Russian Federation), each of the parties has the right to cancel the lease agreement concluded for an indefinite period at any time, warning the other party about this one month in advance.

Agreement in the contract grounds for refusal is not required.

Therefore, the refusal of the lease agreement, concluded for an indefinite period, is unmotivated.

- grounds for unilateral refusal to execute an agreement concluded for a certain period.

With regard to the lease of a vehicle without a crew, concluded for a certain period, the grounds for unilateral refusal to execute it § 1, 3 Ch. 34 of the Civil Code of the Russian Federation are not established.

The parties can determine them in the contract on their own, and these grounds can be both related and not related to the violation of the terms of the contract (clause 27 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.01.2002 N 66 "Overview of the practice of resolving disputes related to rent") .

The parties may establish the following circumstances, upon the occurrence of which a unilateral refusal to perform the contract is possible:

- improper operation of the vehicle by the tenant;
- late payment of rent (Resolution of the Federal Antimonopoly Service of the Central District of May 26, 2011 in case N A62-4058 / 2010);
- failure to provide the lessor with documents and accessories necessary for the operation of the vehicle;
- other circumstances.

Please note: if one of the parties to the agreement is a legal entity and is undergoing reorganization in the form of a spin-off, then you can see how the other party to the agreement should proceed.

Attention: I do not give telephone consultations on the issues set out in the article. The article outlines my vision of the situation, and gives a working solution to the problem. If you have any questions about the topic of the article, then please ask them in the comments below. Thanks!

The term of the contract for the lease of vehicles without a crew. The term in the contract for the lease of vehicles without a crew does not apply to essential conditions. Therefore, it may or may not be defined in the contract.

The lessor may be the owner of the property or a person authorized by the owner (representative by proxy, attorney under a contract of agency, etc.).

In some cases, the landlord needs a license. The tenant may be capable subjects of civil law. The legislator has not established any specifics in relation to the tenant in the lease agreement for vehicles without a crew.

Form of agreement for the lease of vehicles without a crew.

According to Art. 643 of the Civil Code of the Russian Federation, a rental agreement for a vehicle with a crew, regardless of its term, must be concluded in writing, non-compliance with which does not entail the invalidity of the agreement.

The rules of paragraph 2 of Art. 609 of the Civil Code of the Russian Federation on state registration of lease agreements for real estate (Article 643 of the Civil Code of the Russian Federation).

Obligations of the lessor under the lease of vehicles without a crew.

The lessor under a lease agreement for vehicles without a crew bears the general obligations stipulated for a lease agreement (§ 1 of Chapter 34 of the Civil Code of the Russian Federation), which we examined in Chapter 12 and do not need to be re-analyzed. Thus, the landlord must:

1. Transfer the leased vehicle on time (due to the real nature of the lease of vehicles without a crew, in fact, the lessor does not bear this obligation).

2. Hand over the vehicle together with all accessories and related documents.

3. Hand over the vehicle in proper condition.

4. Warn the lessee about all the rights of third parties to the vehicle being rented.

As well as in the lease agreement for a vehicle with a crew, the lessee in the lease agreement for a vehicle without a crew is granted the rights to:

• without the consent of the lessor to sublease the vehicle (clause 1 of article 647 of the Civil Code of the Russian Federation). The lease agreement may provide for the need to obtain the consent of the lessor to sublease;
• without the consent of the lessor, on its own behalf, conclude transportation agreements and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not established, the purpose of the vehicle (clause 2 of article 647 of the Civil Code of the Russian Federation) .

Obligations of the lessee under the contract for the lease of vehicles without a crew.

On the one hand, the lessee under the lease agreement for vehicles without a crew bears the general obligations provided for in the lease agreement (§ 1 of Chapter 34 of the Civil Code of the Russian Federation), which we considered in Chapter 12 and do not need to be re-analyzed. Thus, the tenant must:

1. Use the vehicle in accordance with the terms of the contract.

2. Timely pay the rent for the use of the vehicle.

3. Maintain the proper condition of the rented vehicle (at the same time, Article 644 of the Civil Code of the Russian Federation requires the tenant to carry out both current and major repairs - this is the peculiarity of the contract).

4. Upon termination of the lease agreement, return the vehicle.

On the other hand, along with the general, the tenant also bears additional obligations. Yes, he must:

5. Carry out the management of the rented vehicle and its operation, both commercial and technical, on its own.

The fulfillment of this duty, enshrined in Art. 645 of the Civil Code of the Russian Federation, the tenant can carry out both personally and by hiring a crew to operate the vehicle.

The consequences of failure to fulfill this obligation are simple: the landlord will not fulfill this obligation for the tenant. That is, the vehicle, for example, will simply stand in the tenant's garage.

6. Bear the cost of maintaining the vehicle.

According to Art. 646 of the Civil Code of the Russian Federation, the lessee bears the costs of maintaining the rented vehicle, its insurance, including insurance of its liability, as well as the costs arising in connection with its operation.

This norm is dispositive, in the contract the parties may provide for a different procedure for the implementation of expenses for the maintenance of the vehicle.

In contrast to the lease of a vehicle with a crew, in a lease of a vehicle without a crew, the obligation of the lessee to carry out insurance is not related to the recognition of insurance as mandatory in law or in the contract. That is, the lessor has the right to require the lessee to conclude a contract for vehicle insurance and civil liability under any circumstances, except for the situation when this is expressly excluded by the contract.

If the tenant fails to fulfill the obligation to maintain the rented vehicle, insure it, as well as to incur expenses arising in connection with its operation, the lessor has the right:

• demand termination of the contract (subclause 1, article 619 of the Civil Code of the Russian Federation). At the same time, the lessor, before presenting a request for termination of the contract, is obliged to send the tenant a written warning about the need to fulfill his obligations within a reasonable time (paragraph 7 of article 619 of the Civil Code of the Russian Federation);
• demand in court the implementation of insurance (if the lessor is the beneficiary);
• upon the occurrence of an insured event, demand the payment of amounts on the same conditions under which the insurance indemnity should have been paid with proper insurance (if the lessor is the beneficiary);
• insure the vehicle and claim compensation for the amount of the insurance premium;
• demand the application of liability measures (compensation for losses, payment of interest in accordance with Article 395 of the Civil Code of the Russian Federation on amounts unjustifiably saved due to failure to fulfill the insurance obligation. In addition, the unjustifiably saved amounts themselves can be recovered at the claim of Rosstrakhnadzor).

Liability for damage caused to the vehicle. Responsibility for damage caused to the vehicle is borne by the tenant, unless he proves that the damage was not his fault.

Liability for damage caused by the vehicle.

According to Art. 648 of the Civil Code of the Russian Federation, liability for damage caused to third parties by a vehicle, its mechanisms, devices, equipment, is borne by the lessee in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.

This rule seems logical, since, by virtue of Art. 1079 of the Civil Code, a person who owns a source of increased danger, in particular on a leasehold basis, compensates for the damage.

The grounds for exemption from liability of the tenant may be the presence of force majeure circumstances or intent or gross negligence of the victim, as a result of which damage was caused (clause 1 of article 1079 and article 1083 of the Civil Code of the Russian Federation). In this case, the gross negligence of the victim may become the basis for the release of the tortfeasor from liability if his fault in causing harm is absent. In most cases, the presence of gross negligence of the victim serves as a basis for reducing the amount of compensation, taking into account the degree of his guilt.

The fault of the victim is not taken into account when compensating for additional expenses (clause 1, article 1085 of the Civil Code of the Russian Federation), when compensating for damages in connection with the death of the breadwinner (article 1089 of the Civil Code of the Russian Federation), as well as when compensating for burial expenses (article 1094 of the Civil Code of the Russian Federation).

In order to exempt from civil liability, in a number of cases, in practice, a vehicle lease agreement covers actual labor relations.

Recall that if an accident occurred with the use of a company car, i.e. belonging to the organization and used by its employees during the performance of official duties, the norm provided for by Art. 1068 of the Civil Code of the Russian Federation: "A legal entity or a citizen compensates for the harm caused by its employee in the performance of labor (service, official) duties" (having the right to present a recourse claim against the employee).

Therefore, in order to avoid possible liability, employers conclude a vehicle rental agreement instead of an employment contract. In this case, it is assumed that when causing harm to third parties, it is not the employer that is responsible, but the "lessee" as the owner of the vehicle.

Thus, in each specific case, it is necessary to proceed from the actual nature of the relationship, and not from the names of the relevant agreements. And if it is established that the parties were actually in an employment relationship, and they were drawn up by a civil law contract for the lease of a vehicle without a crew, the employer (lessor) should be held liable to third parties for the harm caused.

At the same time, as practice shows, the courts do not always take into account the nature of the relationship that exists at the time of causing harm between the driver and the organization that owns the vehicle, relying in many respects only on the presence of all kinds of powers of attorney, contracts, as a result of which improper subjects are held liable.

So, in the case on the claim of citizens P. and M. against JSC “Vyshnevolotsk enterprise “Agrotrans” (hereinafter - JSC) for compensation for damage caused as a result of a traffic accident (collision of vehicles due to the fault of the driver driving the defendant’s car), by the decision of Preobrazhensky of the Intermunicipal Court of the Eastern Administrative District of Moscow, the claim was denied and the entire amount of the claim was recovered from the driver to whom the car was transferred under a lease agreement without a crew. Revoking this decision, the Presidium of the Moscow City Court rightly pointed out that the court did not consider the possibility of imposing on JSC the obligation to compensate for harm on the grounds established in Art. 1068 GK. Meanwhile, as follows from the case file, in fulfilling his obligations under a civil law contract, the driver acted on the instructions and on behalf of the lessor (at the time of the traffic accident, the car was following the route indicated in the waybill issued to the driver by the defendant; receiving the cargo and calculations were made on behalf of the AO). He also prepared the documentation for the release of the car on the flight, confirming, among other things, the technical serviceability of the vehicle.

In another case, according to the claim of citizen Y. against JSC "18 Taxi Park" for compensation for damage caused as a result of an accident (collision of vehicles due to the fault of the driver driving the defendant's car), considered by the Nagatinsk Intermunicipal Court of Moscow, on the contrary, the court of first instance justifiably proceeded not from the name of the contract (lease agreement without a crew) concluded between OJSC 18 Taxi Park and the driver, but from the actual performance of work on the transportation of passengers on the instructions and under the control of the lessor. At the same time, in support of its position, the court referred to the fact that the car was driven according to a waybill and a license card issued by the lessor, who also carried out maintenance of the car at his own expense, checking speedometer and taximeter equipment, repair and replacement of components and assemblies. The tenant, in turn, was obliged to serve passengers at established rates and fulfill the instructions of the lessor to serve customers on the basis of orders. In addition, the tenant had to comply with the work and rest regime established by the lessor, and at the end of the shift, hand over the car to the park. The study of all of the above allowed the court to correctly determine the subject of liability in the person of the lessor, since the driver actually acted as an employee of the taxi fleet.

So, under such circumstances, a person driving a vehicle as a source of increased danger should not be recognized as its owner and should not be held liable to the victim. Responsibility to the victim in such situations should be borne by the owner of the vehicle on whose behalf the driver acted.

Situations where employees use their personal property for official purposes are quite common in practice. Reimbursement of expenses incurred by an employee can be carried out either in accordance with Art. 188 of the Labor Code of the Russian Federation (by agreement of the parties), or in accordance with Art. 606 of the Civil Code of the Russian Federation (when concluding a lease agreement). We propose to consider the second option for formalizing the relationship between the institution and the employee.

Situations where employees use their personal property for official purposes are quite common in practice. This may be due to various reasons, in particular the lack of serviceable official transport. Reimbursement of expenses incurred by an employee can be carried out either in accordance with Art. 188 of the Labor Code of the Russian Federation by agreement of the parties, or in accordance with Art. 606 of the Civil Code of the Russian Federation when concluding a lease agreement. In this case, we propose to consider the second option for formalizing the relationship between the institution and the employee.

Before the institution begins to use the employee's personal car for business purposes, the manager must make an appropriate decision and conclude with the employee. Therefore, we first propose to find out what a vehicle rental is from the point of view of civil law.

What is a car rental agreement?

The term for the use of property is established by both parties, if it is not provided, it is considered that the lease agreement is concluded for an indefinite period (Article 610 of the Civil Code of the Russian Federation).

In accordance with Art. 606 of the Civil Code of the Russian Federation, under an agreement, the lessor (landlord) provides the tenant (tenant) with property for a fee for temporary possession and use or for temporary use. If the property is movable, then notarization or state registration of this agreement is not required.

It should be noted that there are two types of vehicle rental:

• rental of a vehicle with a crew (Article 632 of the Civil Code of the Russian Federation);
• rental of a vehicle without a crew (Article 642 of the Civil Code of the Russian Federation).

We would like to draw your attention to Art. 635 of the Civil Code of the Russian Federation. If an institution concludes a vehicle rental agreement with a crew, then by virtue of the rules set forth in paragraph 2 of this article, the crew members are employees of the lessor. They are subject to the lessor's instructions regarding the management and maintenance of the vehicle, and the lessee's instructions regarding the commercial operation of the vehicle.

Unless otherwise provided by the lease agreement, the costs of paying for the services of crew members, as well as the costs of their maintenance, shall be borne by the lessor.

Based on the foregoing, it follows that if a vehicle lease agreement is concluded with one of the employees of the organization, then by definition it will be a vehicle lease agreement without a crew, since an employee of the institution cannot be in such a relationship with himself.

Rent: what should be included in the contract?

The lease agreement is paid, that is, the property is leased for a fee. It must specify the conditions on the amount of the rent and the timing of its payment. In the event that they are not defined by the contract, it is considered that the procedure, conditions and terms that are usually applied when renting similar property under comparable circumstances have been established.

Based on paragraph 2 of Art. 614 of the Civil Code of the Russian Federation, it is permissible to pay rent not only in a fixed amount of money. There is such a payment option as an offset of the tenant's expenses for improving the leased property.

It should be noted that the tenant has the right to demand a corresponding reduction in the rent if, due to circumstances for which he is not responsible, the conditions of use stipulated by the lease agreement, or the condition of the property has deteriorated significantly (clause 4, article 614 of the Civil Code of the Russian Federation).

Who bears the cost of car repairs?

The type of vehicle rental agreement (with or without a crew) will depend on the implementation of the repair.

As can be seen from the table above, if the employer has concluded a lease agreement with a crew, then the lessor shall bear the costs of current and major repairs, if a lease agreement has been concluded without a crew, this type of expense shall be borne by the tenant.

In this regard, it would be appropriate to note the following. Article 612 of the Civil Code of the Russian Federation provides for the responsibility of the lessor for the shortcomings of the leased property. In accordance with the norms of this article, if deficiencies are discovered, the tenant has the right, at his choice, to do the following:

• demand from the lessor either the gratuitous elimination of defects in the property, or a commensurate reduction in the rent, or reimbursement of their expenses for the elimination of defects in the property;
• directly withhold the amount of expenses incurred by him to eliminate these shortcomings from the rent, having previously notified the lessor about this;
• demand early termination of the contract.

At the same time, the lessor is not obliged to be responsible for the shortcomings of the leased property if (clause 2 of article 612 of the Civil Code of the Russian Federation):

• they were agreed upon at the conclusion of the lease agreement and were known to the tenant in advance;
• should have been discovered by the tenant during the inspection of the property or checking its serviceability at the conclusion of the contract or the transfer of property for rent.

In addition, we note that in addition to the costs of current and major repairs, there are expenses associated with the operation of the car (in particular, for the purchase of fuel and lubricants). In accordance with Art. 636, 646 of the Civil Code of the Russian Federation, they are borne by the tenant, regardless of the concluded agreement.

Who bears the OSAGO costs?

By virtue of paragraph 1 of Art. 4 of the Federal Law of April 25, 2002 No. 40-FZ “On Compulsory Civil Liability Insurance of Vehicle Owners”, vehicle owners are required to insure the risk of their civil liability, which may occur as a result of harm to life, health or property of other persons when using vehicles.

As provided for by Art. 637 of the Civil Code of the Russian Federation, unless otherwise provided by the rental agreement for a vehicle with a crew, the obligation to insure the vehicle and (or) insure liability for damage that may be caused by it or in connection with its operation is assigned to the lessor in cases where such insurance is binding by law or contract. Thus, when concluding a lease agreement with the crew, the costs of OSAGO are borne by the lessor.

If an institution has drawn up a car rental agreement without a crew, then the lessee shall bear the costs of its maintenance, insurance, including liability insurance (Article 646 of the Civil Code of the Russian Federation). At the same time, there is judicial practice, which states that the lessee should not insure civil liability in case of damage to the rented vehicle, if the relevant insurance is carried out by the lessor and the insurance policy does not provide for limiting the list of persons admitted to driving (Resolution of the FAS ZSO dated 12.02 .2009 No. F04-730/2009(211-A27-8)).

Who is responsible for the damage caused by the car?

In this case, there are also features depending on the concluded contract.

Let us recall that, according to the provisions of Sec. 59 of the Civil Code of the Russian Federation, in particular:

• harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, are subject to compensation in full by the person who caused the harm (Article 1064 of the Civil Code of the Russian Federation);
• in case of damage caused by an employee of a legal entity, liability for damages is assigned to (Article 1068 of the Civil Code of the Russian Federation).

We draw the attention of readers that, in accordance with Art. 640 of the Civil Code of the Russian Federation, the landlord has the right to present a recourse claim to the tenant for reimbursement of amounts paid to third parties if he proves that the damage arose through the fault of the tenant.

What is the basis for paying rent to an employee?

If an institution has concluded a lease agreement for a vehicle without a crew from the employees of the institution, then the question arises: what document will be the basis for paying the rent?

Note: the document-base, indicating that the transfer of property from the lessor to the tenant, is considered the act of acceptance and transfer. This document means the occurrence of obligations to pay rent. There is no unified form of the act, therefore, you can use the act of acceptance and transfer of an object of non-financial assets (f. 0504101), approved by Order of the Ministry of Finance of the Russian Federation No. 52n, or draw it up in any form that must meet the requirements established by Federal Law No. 06.12.2011 402-FZ "On Accounting" for primary accounting documents. Analytical accounting of such property is kept in the card of quantitative and total accounting of material assets (f. 0504041) in the context of lessors and (or) owners (balance holders) of property for each object of non-financial assets and under the inventory (account) number assigned to the object by the balance holder (owner), specified in the act of acceptance and transfer (other document) (clause 334 of Instruction No. 157n).

Should I withhold income tax from rent?

An institution that rents a vehicle from an individual (including from its employee) and pays him rent is recognized as a tax agent for personal income tax (clauses 1, 2 of article 226 of the Tax Code of the Russian Federation). Therefore, when actually paying this amount to the lessor or on his behalf to third parties, the institution must withhold personal income tax (clause 1 clause 1 article 223, clause 4 article 226 of the Tax Code of the Russian Federation).

The employee's income is taxed at a rate of 13% (clause 1, article 224 of the Tax Code of the Russian Federation). If the landlord is not a resident of the Russian Federation, his income is taxed at a rate of 30% (clause 3, article 224 of the Tax Code of the Russian Federation).

It is necessary to pay personal income tax to the budget no later than the day the bank actually receives cash to pay the rent or the day it is transferred to the lessor's account (clause 6, article 226 of the Tax Code of the Russian Federation). The date of actual receipt of such income is the day of its payment (clause 1 clause 1 article 223 of the Tax Code of the Russian Federation).

Is the amount of rent subject to insurance premiums?

In accordance with paragraph 3 of Art. 7 of Federal Law No. 212-FZ, paragraph 1 of Art. 5, paragraph 1 of Art. 20.1 of Federal Law No. 125-FZ, payments and other remunerations made under civil law contracts, the subject of which are:

• transfer of ownership or other property rights to property (property rights);
• transfer for use of property (property rights).

Thus, the amount of rent for the used property does not need to be paid.

How to account for rental expenses when calculating income tax?

Expenses for payments for the use of property under a lease agreement are included in other expenses associated with production and (or) sale (clause 10 clause 1 article 264 of the Tax Code of the Russian Federation). Thus, the entire amount under the lease agreement is taken into account when calculating income tax (Letter of the Ministry of Finance of the Russian Federation dated 01.12.2009 No. 03‑03‑06/1/780).

How to reflect the cost of paying rent in accounting?

The costs of paying for the lease of property in accordance with the Instructions on the procedure for applying the budget classification of the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated 07/01/2013 No. 65n (hereinafter - Instructions No. 65n), are included in sub-article 224 "Rent for the use of property" KOSGU.

Accounting for settlements with the lessor is kept on account 302 24 “Settlements on rent for the use of property” (clause 21 of Instruction No. 157n). The credit of this account reflects the accrual of rent, the debit - its transfer to the employee's bank account (or its issuance from the cash desk of the institution). At the same time, the analytical account code 109 00 “Costs for the manufacture of finished products, performance of work, services” is determined by the provisions of the accounting policy of the organization.

Consider an example of reflecting the cost of renting an employee's property.

On 06/01/2015, the Olympic Reserve School, which is a budgetary institution, and employee A. I. Kulikova signed a lease agreement without a crew on the use of her personal car. According to the agreement, the amount of the rent is 4,200 rubles. per month. The value of the transferred property under the contract is 850,000 rubles.

Expenses are made at the expense of funds received from paid services.

The accountant of a budgetary institution, in accordance with Instruction No. 174n, will make the following entries:

How to reflect the cost of maintaining a rented car in accounting?

As noted above, if the institution has drawn up a car rental agreement without a crew, then the costs of its maintenance, insurance, including liability insurance, are borne by the tenant. In addition, the institution, in connection with the conclusion of the lease agreement, has expenses related to the operation of the car - for the purchase of fuel and lubricants.

In accordance with Instructions No. 65n, the costs of paying for property, civil liability and health insurance services should be attributed to sub-item 226 "Other work, services" of KOSGU, the costs of purchasing fuel and lubricants - to article 340 "Increase in the cost of inventories" of KOSGU.

Consider an example of reflecting the costs of maintaining a rented car.

The Palace of Sports, which is an autonomous institution, has concluded a lease agreement for a vehicle without a crew for a year. In accordance with the contract, the costs of OSAGO are borne by the tenant. Suppose that the insurance premium is 12,000 rubles. and is paid from the funds received from the provision of paid services. The cost of purchasing fuel and lubricants for August 2015 amounted to 7,080 rubles. (including VAT 18% - 1,080 rubles) (the figures in the example are conditional).

The accountant of an autonomous institution, in accordance with Instruction No. 183n, will make the following accounts:

* An essential point to which attention should be paid is that in accordance with paragraph 1 of Art. 10 of Federal Law No. 40-FZ, the period of validity of a compulsory insurance contract is one year, except for cases for which this article provides for other periods of validity of such an agreement. Because of this, the expenses of an autonomous institution incurred in the reporting period, but relating to future periods, should be reflected as deferred expenses.

** Fuel and lubricants are written off on the basis of waybills, which allow determining the regularity of use, as well as the route of movement of rented cars and the time of their use. In the opinion of the Federal Tax Service, this document is required to account for the costs of fuel and lubricants when calculating income tax (Letter of the Federal Tax Service for Moscow dated April 30, 2008 No. 20-12 / 041966.1). Tax officials in the Letter of November 22, 2010 No. ShS-37-3 / [email protected] also insist on the issuance of travel sheets.

Let us briefly formulate the main conclusions:

1. An institution that rents a vehicle from an individual (including its employee) and pays him rent is recognized as a personal income tax agent.
2. Insurance premiums do not need to be paid from the amount of rent for the property used.

Order of the Ministry of Finance of the Russian Federation dated March 30, 2015 No. 52n “On Approval of Forms of Primary Accounting Documents and Accounting Registers Used by State Authorities (State Bodies), Local Self-Government Bodies, Management Bodies of State Extra-Budget Funds, State (Municipal) Institutions, and Guidelines for their application."

Instructions for the use of the Unified Chart of Accounts for Accounting for State Authorities (Government Bodies), Local Self-Government Bodies, Management Bodies of State Extra-Budget Funds, State Academies of Sciences, State (Municipal) Institutions, approved. Order of the Ministry of Finance of the Russian Federation dated December 1, 2010 No. 157n.

Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the Federal Compulsory Medical Insurance Fund”.

Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”.

Instructions for the use of the Chart of Accounts for accounting of budgetary institutions, approved. Order of the Ministry of Finance of the Russian Federation of December 16, 2010 No. 174n.

Instructions for the use of the Chart of Accounts for accounting of autonomous institutions, approved. Order of the Ministry of Finance of the Russian Federation of December 23, 2010 No. 183n.

The Civil Code of the Russian Federation regulates only two types of vehicle lease agreements:

• rental of vehicles with a crew;
• rental of vehicles without a crew.

The concepts of these types of contracts are given in Art. 632 of the Civil Code of the Russian Federation (this contract is called time chartering) and Art. 642 of the Civil Code of the Russian Federation.

Firstly, under a vehicle lease agreement, not just a vehicle is transferred, but such a vehicle that requires its management and maintenance of its technical operation, and both management and operation must be of a qualified nature (professional crew). The composition of the vehicle crew and its qualifications must meet certain mandatory requirements for the parties, and in their absence, the requirements of the usual practice of operating a vehicle of this type and the terms of the contract (clause 2, article 635 of the Civil Code of the Russian Federation).

Secondly, this is the intended use of a vehicle that can only be used for a specific purpose: for the transport of goods, passengers, mail or luggage.

Thirdly, in relations with third parties, the lessee of the vehicle acts respectively as a carrier of goods, passengers, mail or luggage, or as a lessor of the vehicle (sublease agreement), or as the owner of the vehicle, since the vehicle is a source of increased danger.

It is necessary to distinguish between a vehicle lease agreement and a charter agreement.

Firstly, a charter agreement (charter) (Article 787 of the Civil Code of the Russian Federation) is contract of carriage, and, accordingly, its subject matter is the delivery of goods, passengers, mail and baggage to the destination. The subject of a vehicle lease agreement (temporary chartering) is the provision of a vehicle for temporary possession and use.

Secondly, under a charter (charter) agreement the vehicle is not transferred to the charterer, he is given the capacity of the vehicle.

Thirdly, under a vehicle charter (charter) agreement, in contrast to a lease (temporary charter) agreement, the charterer does not provide the charterer with vehicle management and technical operation services, these actions constitute the essence of the obligation to transport cargo, passengers and luggage to the destination .

The current Civil Code of the Russian Federation distinguishes two types of a vehicle lease agreement: the lease of a vehicle with a crew (Article 632 of the Civil Code of the Russian Federation) and the lease of a vehicle without a crew (Article 642 of the Civil Code of the Russian Federation).

The general lease provisions apply to the relations governed by these contracts to the extent that this is established by the norms of § 3 Ch. 34 of the Civil Code of the Russian Federation. Along with them, the norms enshrined in transport charters and codes are applied. In the current transport legislation, only the KTM of the Russian Federation contains chapters on the lease of sea vessels. In particular, in ch. 10 chartering a vessel for a while (time charter), Ch. II regulates the relations connected with the contract of chartering a ship without a crew (bareboat charter).

Under a lease (temporary charter) agreement for a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides services for its management and technical operation on its own (clause 1, article 632 of the Civil Code of the Russian Federation).

Terms of the vehicle rental agreement

This one is real, paid And consensual(Art. 198 KTM RF).

The contract is in writing regardless from his term. The rules on registration of lease agreements do not apply to this agreement.

Term in a lease agreement with a crew, it is governed by the general provisions on the lease, with the exception of the pre-emptive right to conclude an agreement for a new term and to renew the agreement for an indefinite period (Article 621 of the Civil Code of the Russian Federation). In the time charter agreement in accordance with Art. 200 KTM RF, along with the parties, the characteristics of the vessel, the area of ​​navigation, the purpose of chartering, the time, place of transfer and return of the vessel, the freight rate, the validity period must be indicated.

The lessor is obliged:

• during the entire term of the contract, maintain the proper condition of the leased vehicle, including carrying out current and major repairs and providing the necessary accessories;
• provide the tenant with services for the management and technical operation of the vehicle. These services must ensure the normal and safe operation of the vehicle in accordance with the objectives of the contract. Crew members are employees of the lessor. They are subject to his orders relating to the management and technical operation, and the lessee's orders relating to the commercial operation of the vehicle;
• bear the costs of paying for the services of crew members, as well as the costs of their maintenance, unless otherwise provided by the contract (clause 2, article 635 of the Civil Code of the Russian Federation);
• insure the vehicle and (or) liability for damage that may be caused by the vehicle in connection with its operation, if such insurance is mandatory by law or contract.

The tenant is obliged:

• bear the costs related to the commercial operation of the vehicle(payment for fuels and lubricants, fees, etc.);
• compensate the lessor for losses in connection with the death or damage to the rented vehicle, if it is proved that this happened due to circumstances for which the lessee is responsible in accordance with the law or the lease agreement (Article 639 of the Civil Code of the Russian Federation).

The tenant has the right:

• to sublease the vehicle without the consent of the lessor, unless otherwise provided by the agreement (clause 1, article 638);
• when carrying out commercial operation of the vehicle without the consent of the lessor, on its own behalf, conclude transportation contracts and other contracts with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not established, then the purpose of the vehicle (p. 2 article 638).

In a lease agreement for a vehicle with a crew, the damage is compensated by the lessor in accordance with the rules provided for in Ch. 59 of the Civil Code of the Russian Federation, while he has the right to present a recourse claim to the tenant if it is proved that the damage arose through his fault.

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without the provision of services for its management and its technical operation (Article 642 of the Civil Code of the Russian Federation).

This agreement is real, and the contract for chartering a ship without a crew (bareboat charter) - consensual(Art. 211 KTM RF).

In contrast to the rental agreement for a vehicle with a crew, the agreement in question is aimed at obtaining possession and use of a vehicle with the ability to independently carry out its technical and commercial operation.

In this agreement, the main part of the obligations is assigned to the tenant. He must:

• having received a vehicle from the lessor, during the entire term of the contract, maintain the property in good condition, carry out its current and major repairs (Article 644 of the Civil Code of the Russian Federation);
• on their own to manage the rented vehicle, its operation, both commercial and technical. To do this, he can hire a crew or manage it himself;
• bear the costs of maintaining the rented vehicle, insure it, including liability insurance, as well as the costs associated with its operation, unless otherwise provided by the vehicle rental agreement without a crew.

The rights of the tenant under this agreement are in many respects similar to his rights under the lease agreement for a vehicle with a crew.

The lessee is granted the right, unless otherwise provided by the contract, without the consent of the lessor to sublease the leased vehicle on the terms of the vehicle lease agreement with or without a crew (clause 1, article 647).

The lessee has the right, without the consent of the lessor, on its own behalf to conclude transportation contracts and other contracts with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not specified, then the purpose of the property (paragraph 2 of article 647) .

For damage caused to third parties under a vehicle lease agreement without a crew, the obligation to compensate for it rests with the lessee (Article 648 of the Civil Code of the Russian Federation).