THE CONCEPT OF “DECEASED INHERITANCE” AND “OWNERLESS IMMOVABLE PROPERTY”: COMMON AND DISTINCTIVE FEATURES

Abstract

The scientific article reveals the content of the concept of “deceased inheritance” and the concept of “ownerless immovable property”, indicates the relationship and interaction of the notarial process and the civil process in procedural relations that arise in civil proceedings regarding the recognition by the court of a deceased inheritance and its transfer to the ownership of the territorial community – a local government body. It is proven that the legal constructs “deceased inheritance” and “ownerless immovable property” have different legal content, relate to different private (civil) relations. The Civil Code of Ukraine, as the main source of regulation of civil relations, reveals the content of only the concept of “ownerless immovable property”. At the same time, although the content of the concept of “deceased inheritance” is not disclosed in this Code, a scientific and practical analysis of a number of articles of the Code allows us to identify the features of a deceased inheritance. It has been established that the norms and procedure for recognizing the inheritance of a deceased person, enshrined in the current Civil Code, are an amendment to the Civil Code of January 16, 2003 No. 435-IV, before the Civil Code of the Ukrainian SSR did not contain such a procedure. It has been proven that relations regarding the deceased inheritance and ownerless real estate are regulated by the Civil Code of Ukraine, the Civil Procedure Code of Ukraine and other laws of Ukraine and are aimed at the transfer of abandoned (abandoned) or ownerless property into communal ownership on the basis of a court decision after the expiration of the period specified by law. Such relations are indisputable. However, in the event of a dispute, the dispute is resolved in court proceedings. The key difference between them is the presence of a known owner in the past (heir or testator). It is concluded that relations regarding deceased inheritance and ownerless real estate are regulated by the Civil Code, the Civil Procedure Code and other laws of Ukraine and are aimed at the transfer of abandoned (abandoned) or ownerless property into communal ownership on the basis of a court decision after the expiration of the period specified by law. Such relations do not have a dispute about the right - they are indisputable. However, in the event of a dispute - the dispute is resolved in court proceedings. The key difference between them is the presence of a known owner in the past (heir or testator). Such relations have both common and distinctive features. They are private law (civil) in nature, in which the subject of acquisition of ownership is the territorial community.