Mechanism of protecting inheritance rights of minors under conditions of martial law in Ukraine

Abstract

The article is devoted to the study of the peculiarities of protecting the inheritance rights of minors under conditions of martial law in Ukraine.It was established that the order of accepting inheritance was changed because of temporary occupation of the territories of Ukraine, migration processes, the need to protect personal data of Ukrainian citizens under conditions of martial law. It is stated that the current political situation complicates the ability to determine the size of heritage, the circle of heirs by law, to submit the application for accepting inheritance or disclaiming it.Considering the features of the legal status of minors, it was emphasized that the legal mechanism of protecting their inheritance rights have been strengthened and renewed by new elements under conditions of martial law.It is noted that the strengthening of such mechanism under conditions of martial law have occurred due to procedural changes and the change of the place of opening of the inheritance.On the basis of the analysis of the legislative provisions, the question of the deadlines for accepting inheritance in the context of the right of minors to refuse to accept the inheritance have been characterized.It is mentioned that under conditions of martial law the extension of the deadlines for accepting inheritance helped to protect the inheritance rights of minors because it provides additional time to determine the advisability of accepting inheritance.It is emphasized that changes regarding the place of opening the inheritance that were made by the legislator are determined, first of all, by the temporary occupation of Ukrainian territories by russian federation since February 19, 2014.It is noted that the innovations in the Civil Code of Ukraine regarding the determination of the place of opening the inheritance change the traditional for civil law rules of it understanding.It is also noted that such changes contribute the protection of the inheritance rights of minors, who may be abroad and have an ability to submit the application for accepting inheritance at the place of staying.The author singled out the advantages and disadvantages of these changes. It is payed attention to the bills that restore the preliminary confirmation of the place of opening the inheritance.The specific features of the accepting inheritance by minors who are abroad and the role of consuls in the protection of their inheritance rights are illustrated.It was established that the legislator tries to simplify the mechanism of protecting the inheritance rights of minors and the registration of the right to inheritance.