Specific features of defining inheritance as escheated within civil law doctrine and legal enforcement practice

The author has studied the problem of escheated inheritance. The problematic aspect of this legal phenomenon is also stipulated by the lack of its legislative definition, disputes in regard to the legal nature of relations of escheated inheritance. The relevance of this problem is evidenced by the fact that it is appropriate to assume an increase in objects of escheated property in terms of the martial law and post-war reconstruction due to inability of lawful heirs to accept inheritance (death as a result of hostilities, leaving the country for permanent residence in other states, etc.), destruction and damage of property. Therefore, the registration procedure and usage of escheated property at the level of territorial communities may be revised in terms of the martial law. It has been noted in the paper that escheated inheritance cannot be considered as hereditary and legal definition by its legal nature, because: it is based on the obligation, but not on the right to accept inheritance; its purpose is to satisfy the public interest in maintaining the stability of property relations in society; it is legal succession. The author has proved that the construction of interest in the system of legal relations of escheated inheritance is complex and combines public (social) and economic (property) interests. Public (social) interest consists in preserving the stability of property relations in society. Economic (property) interest has a public and private orientation, in particular, it satisfies the interests of the territorial community, both an acquirer of the ownership right and a creditor regarding the satisfaction of an ancestor’s obligations at the expense of escheated property. At the same time, a public entity assumes the burden of the ancestor’s obligations sometimes not in own interests, but in order to satisfy the stability of property relations in society. The procedure of recognizing inheritance as escheated has the following stages: detection of escheated property, in particular from reports of neighbors, from the authority in charge of the residential stock; examination of discovered property, whereat a formal note is taken; collection of information regarding the status of escheated property; in case of establishing the fact of damage (destruction), the commission puts forward a proposal to terminate the ownership right to such an object; preparation of a claim to the court on defining inheritance as escheated and transfer of property to communal ownership; hearing the case according to the rules of a separate proceeding; adoption of a court judgement on transfering escheated inheritance to communal ownership; the decision of the local self-government agency’s session on the acquisition of the right of communal ownership of escheated property; state registration of property for the relevant territorial community; maintenance and use of escheated property.