Protection of the rights of commercial property lessees amidst economic instability

The purpose of this study was to identify the problematic aspects of protecting the rights of commercial real estate lessees in the context of crisis phenomena that lead to economic instability. The study confirmed that the situation in the field of commercial real estate lease in Ukraine has deteriorated substantially due to the effects of such phenomena as the pandemic and the war, which led to economic instability. The review of the Ukrainian legislative framework revealed that, since the beginning of the pandemic, adequate mechanisms have been introduced to protect lessees’ rights (deferred lease payments, eviction moratoriums, etc.). However, an analysis of Ukrainian judicial practice showed that these mechanisms do not always adequately protect lessees’ rights in practice. The analysis of international practices in protecting lessees’ rights during the pandemic identified a series of effective protection mechanisms that have been used in individual countries. These mechanisms can be adapted to Ukrainian realities to improve the effectiveness of lessee protection. At the same time, the study noted that in virtually any legislation, the lessee must prove that the deterioration of its financial situation was caused by extraordinary circumstances, which will help to maintain a balance in the rights and obligations of lessees and lessors based on the principles of reasonableness and fairness. Accordingly, it is essential to address the development of effective mechanisms for proving this fact on the part of lessees, with adequate regulation in the legislative framework