The genesis of legal regulation of inheritance relations in independent Ukraine
Year: 2025
Type: article
Abstract: The article analyzes the genesis of the legal regulation of inheritance relations in independent Ukraine. It is established that the study of legal phenomena and processes that are part of inheritance law involves their analysis in the context of historical development, which allows us to determine the legal nature, origins in the past, stages of the formation of inheritance relations and prospects for their further development. It is determined that in the process of the formation of the legal regulation of inheritance relations in independent Ukraine, three stages of development can be distinguished, choosing the historical and legal criterion as the basis. The paper examines the relationship between significant changes in the economic, political, social, informational spheres of public life and the state of inheritance legislation. It is revealed that the first stage (1991–2003) of the legal regulation of inheritance relations is characterized by the transition from Soviet inheritance law to Ukrainian through gradual changes to outdated civil legislation and significant work on the development of a draft Civil Code of Ukraine. During the second stage (2004 – early 2022), the norms of inheritance law provided for by the new Civil Code are being implemented and implemented, the results of which emphasize the need to update the provisions of inheritance law in accordance with the changing social reality. It was determined that the third stage (February 2022 – to the present) of the development of legal regulation of inheritance relations takes place under martial law in Ukraine and is characterized by making the necessary changes to inheritance legislation, in particular regarding the place of opening the inheritance and the terms for accepting the inheritance, ensuring the protection of the rights of participants in inheritance relations. It was found that under martial law, work continues on updating civil, including inheritance, legislation on the basis of preserving the conceptual approaches that were laid down in the Civil Code of Ukraine. Civil lawyers face an important scientific and applied task - developing a legal doctrine of inheritance law taking into account new trends emerging in the field of private law regulation in Ukraine and the countries of the European Union. The analysis of the formation of legal regulation of inheritance relations in independent Ukraine, being an indicator of achievements and failures, serves as an experience in lawmaking and encourages the creation of a new theoretical and practical basis for regulation based on the achievements of modern civil science.
Author: L. I. Gorpynych
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408569033