Problems of inheritance in the anti-terrorist operation zone and in the occupied territories

Abstract

In this article, the authors reveal the issue of inheritance in the anti-terrorist operation zone and in the occupied territories. The institution of inheritance in the civil law system is one of the most important issues of research, its importance is due to the fact that the object of inheritance is the right of ownership. The issue of inheritance in the controlled territories remains relevant. This applies to both subjects and objects of inheritance rights. The article emphasizes that in accordance with the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine, the sovereignty of Ukraine extends to its entire territory, which within the internationally recognized state border is integral and inviolable. Indicated. That within the temporarily occupied territories there is a special procedure for ensuring the rights and freedoms of the civilian population, defined by the legislation of Ukraine. Individuals, regardless of their registration as internally displaced persons or their acquisition of special legal status, and legal entities retain the right of ownership, other real rights to property, including immovable property, including land plots temporarily occupied territories, if such property is acquired in accordance with the legislation of Ukraine. It is noted that the activities of armed groups and the occupation administration are illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences. Emphasis is placed on the fact that the process of inheritance on Ukrainian lands is unchanged, namely, by will and by law. Inheritance by will occurs if the deceased person made a will before death and it is valid. In his absence there is an inheritance by law. Inheritance by law takes place in the following cases: absence of a will; invalidation of the will; the death of the heirs specified in the will before the opening of the inheritance or their refusal to accept the inheritance; the testator revoked a previously made will and left no new one; the will was declared invalid by a court; if the will does not cover all the property belonging to the testator.