DEVELOPMENT OF INHERITANCE LEGAL RELATIONS WITH THE PARTICIPATION OF MINORS IN UKRAINIAN TERRITORY

Abstract

The purpose of the article is to analyze the emergence of the institution of inheritance both on European and Ukrainian grounds, to investigate the development of legal and legislative regulation of inheritance relations with the participation of minors during the 20th century – the first quarter of the 21st century. The institution of inheritance on the European territory, including with the participation of minors, originates from customary law and later found its embodiment in normative and legal acts: secular and ecclesiastical. Inheritance during the time of Kyivan Rus’ took place according to Ukrainian customs, and later European norms were borrowed, in particular religious norms. In the west of Ukraine, the development of inheritance law, including with the participation of minors, was based on the same principles as in other European countries, which were conditioned by the influence of Roman law. Over time, inheritance was established on Ukrainian territory on a permanent basis, both by law and by will. The process of establishing the institution of inheritance in Ukrainian law underwent an evolutionary process in independent Ukraine. The author singles out four main stages of development of legal regulation of notarial-inheritance legal relations in modern Ukraine. The first stage is 1993–2003; the second phase covers the years 2004–2008, the third phase includes the years 2009–2021, the fourth phase began in 2022 and continues until now. The proposed author’s definition of the notarial process regarding registration of inheritance is a complex civilinheritance notarial legal relationship based on compliance with the civil and notarial legislation of Ukraine, and in certain cases the norms of foreign legislation, in order to formalize the transfer of the rights and obligations of the testator to his heirs. The scientist claims that when registering the inheritance, the state and private notaries de facto use separate means of mediation. Issuing certificates of the right to inheritance to minors, including as compulsory heirs, is one of the important ways of protecting their civil and inheritance rights. An entry regarding a certified will, an issued certificate or an Inheritance Agreement in the Inheritance Register is electronic proof of their conclusion.