Спорные вопросы наследования жилых помещений, приобретенных за счет средств материнского (семейного) капитала

Abstract

According to the Concept of State Family Policy approved in the Russian Federation, one of the significant measures that influenced the increase in the birth rate in the country was the provision of maternity (family) capital for families with children at the expense of the state budget. However, the application of the provisions established by special legislation, especially in terms of allocating a share in the acquired residential premises to minor children, caused problems of their practical implementation, arising not only during life, but also after the death of parents. The purpose of writing the article was to identify typical cases of participation of heirs in disputes arising in connection with the inheritance of residential premises acquired in whole or in part at the expense of maternal (family) capital. Special attention is paid to the problem of inheritance of residential premises after the death of a person who did not fulfil the obligation to allocate a share to minor children during his lifetime. At present, both in science and in the law enforcement sphere, a judgement has been formed on the need to refuse heirs to issue a certificate of inheritance in part of the residential premises acquired at the expense of the maternal (family) capital, before determining the shares of both heirs and the deceased parent in court. This approach is based on a misunderstanding of the legal nature of the obligation to allocate shares to minor children. The author makes a conclusion about the termination of an unfulfilled public duty by the death of a person and the impossibility of applying the norms of the law of obligations.