Вісник Харківського національного університету внутрішніх справ (Dec 2022)
Legal regulation of inheritance relations under martial law
Abstract
The article is devoted to the problems of legal regulation of inheritance relations under martial law. It has been analyzed the scientific works whose authors studied the peculiarities of legal regulation of inheritance relations under martial law. It is indicated that legal regulation of inheritance relations under martial law requires consideration of the following issues: 1) temporary restriction of constitutional rights and freedoms of human beings and citizens and rights and legitimate interests of legal entities due to the threat of restriction, with indication of the duration of such restrictions; 2) assistance in the exercise of civil rights and fulfillment of civil obligations by participants to such relations. It has been examined the restrictions on the rights and freedoms of participants to inheritance relations precisely because of their temporal component in the following areas: determining the place of time values in the relevant mechanism of legal regulation using the example of the period of inheritance acceptance; establishing the hierarchy of regulations which introduce such restrictions; and novelizing the relevant regulatory provisions. It has been suggested that the legal regulation of inheritance relations in this part should be harmonized between the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine “On some Issues of Notaries under Martial Law” No. 164 dated February 28, 2022. It has been pointed out that it is appropriate to use the concept of “additional” term in the above-mentioned regulatory act as opposed to “extended” or “renewed” term. With a view to improving the organizational and legal support of the procedure for certifying the wills of servicemen, it is proposed to: develop a departmental regulatory document containing detailed instructions for the actions of military unit commanders regarding the procedure for certifying the wills of servicemen and other persons; prepare methodological recommendations containing methodological instructions to military unit commanders on their behaviour within the framework of the above procedure; as part of the training and retraining of the command staff of the Armed Forces of Ukraine, other military formations and military lawyers, to include in the relevant educational curricula a block of training issues on the procedure for certifying wills by this category of officials.
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