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Foreign economic activity. Leasing as a form of lending for foreign economic activity (the most important)

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68. Leasing as a form of lending to foreign economic activity

Leasing is a promising form of lending to foreign economic activity.

Leasing is a long-term lease in which the lessor retains ownership of the object of the leasing transaction, while the latter is used by the lessee in accordance with the target settings.

According to the definition given in the Federal Law of October 29, 1998 No. 164, "On Leasing" Leasing - a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of a leased asset.

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

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

In foreign practice, leasing as one of the forms of attracting investment resources on favorable terms is used quite widely. In Russia, leasing transactions have not yet become widespread. However, in the late 90s. the number of leasing companies in Russia has increased significantly. However, Russian industrial companies generally do not use leased equipment. The share of leasing in the total investment in the Russian economy is only a few percent.

Meanwhile, leasing could become one of the channels for the flow of investment resources for the modernization of the Russian economy. It is especially attractive for small and medium-sized businesses, where they can get a bank loan on acceptable terms.

The advantages of leasing over a conventional loan are that it involves lending the full value of the transferred property. Meanwhile, with the usual form of credit, the company must provide a certain part of the investment resources at its own expense to expand its activities. The problems of concluding a leasing agreement are also easier to solve. Since the lessor retains ownership of the object of leasing during the entire term of the leasing contract, in principle, no additional guarantees are required for the return of the property transferred under leasing. It is also important that the lessee does not bear the risk of physical and obsolescence of the equipment.

Despite the obvious advantages of using the leasing form of attracting investment resources, the prospects for its development in Russia seem to be very modest, since there are problems associated with both the implementation of external leasing and the peculiarities of Russian business practice.

In foreign practice, the share of external leasing is 20% of the total volume of leasing operations. Difficulties faced by counterparties in a leasing transaction located in different countries are associated with additional risks, in particular political and foreign exchange.

In Russia, the unfavorable investment climate and the underdevelopment of the legislative framework create additional difficulties for the widespread use of leasing and other modern forms of lending to foreign economic activity. Some provisions of the Federal Law "On Leasing" are considered to be contrary to the Civil Code of the Russian Federation. Improving the legal support for the modernization of the national economy can play a positive role and expand the scope of leasing.

Author: Bobkova O.V.

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