Legal Regulation of Inheritance of Certain Types of Property in Ukraine: Problems and Solutions

Abstract

The article analyzes the institute of inheritance law and identifies the main problems of inheritance of certain types of property and ways to overcome them. It is noted that the inheritance of certain types of property requires special study and analysis, because property occupies a leading place at the stage of functioning of modern society, objects of the material world are the object of most civil relations, including inheritance. In the regulation of legal relations regarding the inheritance of certain types of property, the methods and means to eliminate the gaps in this issue that exist in the current national legislation are clarified and identified. The scientific works of Kukharev O. E., Esaulenko N. V., Golodnitsky E. E. are analyzed, as well as certain provisions of the Civil Code of Ukraine, "Instructions on the procedure for the manufacture, acquisition, storage, accounting, transportation and use of firearms, pneumatic, cold and cooled weapons, devices of domestic production for firing cartridges equipped with rubber or similar non-lethal projectiles, and ammunition, as well as ammunition for weapons, main parts of weapons and explosives", and a review of statistics "How many weapons do Ukrainians have in their hands". Gaps in the legislation of Ukraine on inheritance of certain types of property were identified, as well as the need to amend some provisions of the Civil Code of Ukraine, the Law of Ukraine "On Business Associations", namely: Article 147 of the Civil Code of Ukraine and Article 55 of the Law of Ukraine "On Business Associations". The mechanism of realization by the heirs of corporate rights which they received as a result of inheritance, the procedure for assignment of corporate rights, participation in the LLC before the opening of the inheritance, as well as the terms of acceptance or refusal to accept the heirs of the deceased member to the LLC are determined.

The conclusion is made that it is urgent to resolve the main problematic issue of the sphere of inheritance of certain types of inheritance objects to regulate the provisions of Ukrainian legislation to modern real legal relations in the state, when individuals may own not only houses and land plots, but also such specific objects of civil rights as bank deposits, intellectual property rights, the right to arms, securities, corporate rights. The need to develop an effective legal mechanism that could protect the rights and determine the obligations of the subjects of inheritance in the inheritance of various types of inheritance objects.