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Oleg PECHENIY,

Associate Professor, Department of Civil Law No. 1, Yaroslav the Wise National University of Law, Candidate of Law

FEATURES OF PERMISSION OF CASES ABOUT AN INHERITANCE IN THE CONTEXT OF UPDATE OF JUDICIAL LEGISLATION

In the article the analysis of inheritance as an object of the inherited and processual legalrelationships and category of the inherited right is realized. In addition, in the article the analysis of features of permission of cases is carried out about an inheritance in connection with acceptance of new release of Civil code of procedure of Ukraine. The author probed the questions of cognizance of cases about an inheritance, requirements to the judicial documents, features of consideration of caseses about an inheritance in order of the simplified lawsuit proceding.

The features of the simplified production are examined in matters about an inheritance.

In the article are formulated the signs of judicial cases about an inheritance, related to subject composition, matter of action, inheritance time, other descriptions. The analysis of the judicial adjusting of the escheated inheritance is conducted. In cases about the escheated inheritance the organs of local self-government participate necessarily.

The author affected the questions of forming of judicial practice, roles of Supreme Court in correct application of legislation courts about an inheritance.

A circleof legally meaningful actions, which may be inherited from the side of subjects of the inherited legal relationships, is outlined. Composition of inheritance, the right and obligations, whose carrier during the life was the testatorhimself, is analyzed. It is proved, that the composition of inheritance besidesrights and obligations can also includes possibilities and permissions, given bythe law.

Key words: inheritance, heirs, composition of inheritance, law of succession.

References

Draft Law on Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts. Bill card. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61415. [ukr.]

Ermakova E. P. Reform of civil proceedings in Ecuador. Modern law. 2013. No 5. P. 146–149. URL: https://www.sovremennoepravo.ru/. [russ.]

Alert: The Reform of French Contract Law – What to Expect? URL: http://www.brownrudnick.com/alert/alert-the-reform-of-french-contract-law-what-to-expect/.[engl.]

Kukharev O. E. Actual issues of inheritance law in judicial practice: practice. way. K .: Alerta, 2017. 260 p. [ukr.]

Vereshchynska I. V. Subject of proof in cases of inheritance: author's ref. ... cand. jurid. Science. Kharkiv, 2015. 20 p. [ukr.]

Zaika Y. O., Soltys N. B., Protsenko V. V. and others. Modern trends in the development of inheritance law (comparative legal research: monograph / ed. Academician of the National Academy of Sciences of Ukraine V. V. Luts. K .: Research Institute of Private Law and Entrepreneurship named after Academician F. G. Burchak National Academy of Sciences of Ukraine, 2015 248 p. [ukr.]

Inheritance law. The practice of application by notaries of Ukraine / for general. ed. V. M. Marchenko. Kharkiv: FOP Lysyak L. S., 2012. 736 p.[ukr.]

Zavgorodnya I. M. Consideration by courts of cases in disputes arising from hereditary legal relations: author's ref. ... cand. jurid. Science. Kharkiv, 2016. 20 p. [ukr.]