LEGAL GROUNDS FOR THE IMPLEMENTATION OF THE RIGHT TO INHERIT DURING MARTIAL LAW

Abstract

In the conditions of martial law in Ukraine, the implementation of inheritance rights faces numerous legal and practical challenges. The loss of important documents, difficult access to notarial services and the threat of abuse by third parties are the main problems faced by heirs. This leads to the emergence of legal conflicts that require an urgent and effective solution.

The purpose of this article is an in-depth analysis of the legal grounds for exercising the right to inheritance under martial law. The author sets the task of identifying the main problems that arise during inheritance and developing recommendations for improving human rights mechanisms in this area. To achieve the goal, methods of system analysis and comparative law are used. The current Ukrainian legislation, the practice of notaries and scientific publications are studied, which allows to determine possible ways of solving the identified problems.

The results of the study show that there is an urgent need to adapt inheritance legislation to the conditions of martial law. It was found that heirs often face serious difficulties due to the ineffectiveness of legal mechanisms that do not take into account the specifics of the situation. It is also important to note that it is necessary to significantly improve access to notary services in crisis conditions, in particular through the simplification of procedures and the development of new technologies.

In particular, the problem of loss of documents confirming inheritance rights due to damage or destruction of property as a result of military operations is important. In such cases, it is necessary to introduce mechanisms for restoring documents without the need for the personal presence of the heirs, which will reduce the burden on notaries and courts. In addition, the system of remote notary services should be improved so that the heirs have the opportunity to receive the necessary assistance without leaving the combat zone.

The conclusions emphasize that the issue of the implementation of inheritance rights during martial law requires an urgent solution. The author proposes to introduce special procedures for inheritance that meet the conditions of wartime. Among such measures are the improvement of the mechanisms for the protection of the rights of heirs, the development of legislative initiatives that take into account the specifics of the work of notaries during the war, as well as the implementation of new technologies for registration of inheritance rights. Further research should focus on the implementation of electronic technologies, remote notary services and the development of legislation that will ensure the protection of the rights of heirs in crisis situations.