THE PROCEDURE FOR ACQUIRING OWNERSHIP OF A DECEASED ESTATE: THE RELATIONSHIP AND INTERACTION OF THE NOTARIAL AND CIVIL PROCESS

Abstract

The relevance of the article lies in the fact that social relations related to the acquisition of ownership of movable and immovable property have always been and are the subject of research by both scientists and ordinary citizens. The inheritance legislation of Ukraine, as well as the legislation of foreign states, regulates relations regarding the transfer of inheritance to heirs. Therefore, in the world in general and in Ukraine in particular, inheritance occurs by will or by law. However, there are cases when heirs refuse the inheritance or they are absent, and the property of the testator - movable and/or immovable property remains unclaimed (ownerless). In such a case, notaries are involved in order to preserve the inheritance. However, the powers of a notary are not limited only to the protection of inherited property, but the notary also provides the court with evidence to recognize the inheritance as deceased. The purpose of the article is to disclose the procedure for acquiring ownership of a deceased estate, to identify the relationship and interaction of the notarial and civil process in the implementation of these procedural relations. The scientific article reveals the meaning of the concept of “deceased inheritance”, 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 proved that in jurisprudence 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 is appropriate to denote by the term “civil process”. Thus, the scientific conclusions regarding the existence of a civil process in the jurisprudence of Ukraine are supported. It is indicated that the term “civil process” is not legally defined, it is absent in any legislative act of Ukraine, but is used in legal literature. It is proven that the notary provides the court with the main evidence in the case of recognition by the court of a deceased inheritance and its transfer to the ownership of the territorial community. In addition, the notary performs notarial actions to protect the deceased inheritance, which also indicates the need for a comprehensive study of the relations regarding the recognition by the court of a deceased inheritance and its transfer to the ownership of the territorial community. It is proven that the legal regime of the deceased inheritance located in the occupied territories of Ukraine is recognized on the basis of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime on the Temporarily Occupied Territory of Ukraine”.