Inheritance in the occupied territories and in the area of antiterrorism operation: the experience of Ukraine

Abstract

The authors of this paper have covered the issues of the features of inheritance in the anti-terrorist operation zone and the occupied territories. The innovations that came into force in 2018 were taken into account. It is specified that the occupied territories in the Donetsk and Luhansk regions are recognized as parts of the territory of Ukraine, on which the armed formations of the Russian Federation and the occupation administration of the Russian Federation have established and exercise general control. Within the temporarily occupied territories, there is a special procedure for ensuring the rights and freedoms of the civilian population, determined by the legislation of Ukraine. Therefore, the procedure for registering inheritance is unchanged throughout Ukraine. The authors analyzed information on the procedure for obtaining inheritance under the law, by testament, and under an inheritance contract. Attention is focused on the fact that inheritance is a derivative way of the emergence of property rights, and universal legal succession – the transfer of the entire scope of rights, obligations, and items of property from the deceased to the heirs. Besides, timely and accurate fulfillment of their obligations allows formalizing the inheritance in time following the provisions of laws. Testamentary succession occurs if a deceased person drew up a testament before death, and the testament is valid. In its absence, inheritance occurs under the law. Hereditary succession takes place in the following cases: absence of the testament; invalidation of the testament; death of the heirs indicated in the testament before the opening of inheritance or their refusal to accept inheritance; the testator canceled a previously drawn up testament and did not leave a new one; the testament is judicially declared invalid; if the testament does not cover all the property belonging to the testator.