СПЕЦИФІКА ВСТАНОВЛЕННЯ ЮРИСДИКЦІЇ У СПАДКОВИХ СПРАВАХ З ІНОЗЕМНИМ ЕЛЕМЕНТОМ

Abstract

The article considers the peculiarities of establishing jurisdiction in inheritance cases with a foreign element. Attention is paid to the formulation of the theoretical foundations of the institution of inheritance with a foreign element, the classification is carried out, the conceptual apparatus, the sources of international inheritance law are formulated. The analysis of the domestic legislation of Ukraine, regulates the issue of determining the jurisdiction of cases with a foreign element. In particular, attention is paid to the priority of using international legislation on domestic in jurisdictional matters. The norms of multilateral international agreements approved by the Verkhovna Rada of Ukraine, as well as bilateral international agreements on legal assistance concluded between Ukraine and other states, which establish the rules of jurisdiction of inheritance cases with a foreign element, are considered. Processes of social internationalization, which are an integral part of modern life, the expansion of various contacts of Ukrainian citizens with foreigners, as well as active migration processes, the possibility of acquiring property abroad, a significant increase in marriages with foreigners, intercountry adoption cause a sharp increase in inheritance with a foreign element, which are the subject of litigation. The foreign element in the inheritance relationship may be manifested in such a way that the testator and heirs are citizens of different states or reside in different countries. Property that is part of the inheritance may be located in different countries. In this context, there is reason to conclude that the relationship subject to legal regulation has a legal relationship with the legal systems of two or more countries. In different jurisdictions, the substantive regulation of inheritance has its own characteristics. It is concluded that the determination of the admissibility of the statement of claim in relation to the disputed inheritance relationship with a foreign element is impossible without the use of a special procedure defined in the study.