Prerequisites for the Emergence of Procedural Legal Relations on the Recognition of Inheritance as Fictitious

Abstract

The purpose of the article is to study the prerequisites for the emergence of civil procedural legal relations in cases of recognition of heritage as fictitious and to develop recommendations for improving their legal regulation. For the emergence of procedural legal relations regarding the acquisition by property of the status of a fancy inheritance, along with the subject of the right to appeal to the court, it is necessary to have a number of legal facts, in particular: the discovery of the inheritance, the presence of the inheritance and the absence of the fact of its inheritance. The imperfection of the current procedure for determining the moment of discovery of inheritance, which coincides with the day of the onset of the corresponding event (primarily death) is justified. It has been established that in some cases not only the day of the death of the person, but also the hour and minute of such an event is important. In hereditary cases, the accuracy of determining the hour and minute of death primarily depends on the amount of hereditary property, which can ultimately be recognized as fictitious. It is proposed to amend the Civil Code of Ukraine on the possibility of calculating terms in civil legal relations by hours and minutes. It has been established that the presence of inheritance is another prerequisite for the emergence of procedural legal relations regarding the recognition of it as fictitious. Particular attention is paid to the study of individual rights and obligations, as well as the question of which of them may be part of the inheritance. Attention is focused on the imperfection of the legal regulation of this issue. First of all, this applies to the rights to firearms, medicines, animals, genetic materials of the testator and embryos subjected to cryoprotection, rights from transactions whose subject matter is astronomical objects, etc. The conclusion is based on the idea that if the privatization of housing is underperformed during the life of the testator, if there are conditions for recognition of the inheritance as fictitious, such completion of such privatization is not carried out, since the indicated property is usually already in communal ownership. Proposals have been developed to take measures to identify heirs, it is recommended to make greater use of the possibilities of various registries (in particular, the Unified State Demographic Register). It is recommended that local governments and other applicants in cases of recognition of inheritance as a fictitious right to receive free of charge from the Unified State Demographic Register the information necessary to establish and search for heirs.