By the general rule of article 651 of the Civil Code of Ukraine "…an agreement may be terminated only subject to consent of both parties, unless otherwise provided by the agreement or law". If, contrary to requirement of the law, there is no consent of the parties, then, according to part 2 of article 651 of the Civil Code of Ukraine, agreement may be terminated in some instances upon request of either party on the basis of a court decision.
However, part 3 of Article 651 of the Civil Code of Ukraine stipulates a possibility of unilateral recession from the agreement, provided the possibility to recede exists under the agreement or law. If this is the case, the agreement shall be deemed terminated without judicial recourse of the party interested in termination relationships under the agreement.
According to article 7 of the Law of Ukraine "On Financial Leasing", "a lessor shall be entitled to recede from the lease and demand return of the leased asset by the lessee in an undisputable procedure, on the basis of an approval of a notary, if the lessee failed to pay rentals in full or partially, and where such payment is over 30 days overdue."
This is the clause in the Law which declares the right for unilateral recession from agreement.
Thus, the lessor is entitled to unilaterally recede from the agreement without going to court in cases where the lessee has failed to pay a portion or full amount of rentals that had become due longer than 30 days earlier.
Since clause 3 of article 7 of the Law of Ukraine "On Financial Leasing" defines that "a lease shall be considered receded from, effective of the moment when the other party learned or could have learned about such recession", the lessor shall have evidence of due notification of the lessee on such recession.
Otherwise, the lessee shall be entitled to challenge actions of the lessor in court, arguing that he/she has not been notified on termination of the agreement by the lessor.