Проблемні аспекти спадкування в умовах воєнного стану та можливі шляхи їх вирішення

The study is devoted to identifying certain problematic aspects of inheritance under martial law and outlining possible ways to resolve them. It is noted that martial law imposed on the territory of Ukraine has had significant consequences for all branches of law, including inheritance law. Changes in the inheritance legislation under martial law have affected the legal status of both heirs and testators, changing approaches to the acquisition of rights and obligations in inheritance relations. Significant problems arise due to difficulties in accessing notarial services, loss of inheritance documents, destroyed inheritance property, determining the place of opening the inheritance and meeting the deadlines for its acceptance. In these circumstances, there is a need to revise and adapt the legal framework to protect the rights of heirs and testators in a state of emergency. First of all, this concerns the determination of the term of inheritance acceptance, which remains one of the most important aspects regulating the process of transferring inheritance rights. The article concludes that one of the key problems in determining the time limit for inheritance is the discrepancy between temporary regulations and the long-term legislative framework, and notes that an increase in the time limit to ten months may be justified in martial law or other emergency circumstances, but in peacetime, six months is sufficient for inheritance. The study also argues for the need to amend Article 1221 of the Civil Code to determine the place of inheritance opening, which will create a more effective mechanism for protecting the rights of internally displaced persons. The author also concludes that it is necessary to develop remote technologies, in particular, the possibility of using digital signatures, video identification and other means of remote confirmation of the identity of a participant in inheritance relations. The author concludes that in order to solve these problems, it is necessary to continue improving legislation, in particular by eliminating contradictions in the rules on the term of inheritance and determining the place of its opening, as well as by introducing digital technologies for remote inheritance and simplifying procedures for obtaining inheritance rights.

Institutions

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2025-06-24
Primary Topic
Consumer behavior in food and health
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Проблемні аспекти спадкування в умовах воєнного стану та можливі шляхи їх вирішення

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Consumer behavior in food and health
article

Проблемні аспекти спадкування в умовах воєнного стану та можливі шляхи їх вирішення

article en

Abstract

The study is devoted to identifying certain problematic aspects of inheritance under martial law and outlining possible ways to resolve them. It is noted that martial law imposed on the territory of Ukraine has had significant consequences for all branches of law, including inheritance law. Changes in the inheritance legislation under martial law have affected the legal status of both heirs and testators, changing approaches to the acquisition of rights and obligations in inheritance relations. Significant problems arise due to difficulties in accessing notarial services, loss of inheritance documents, destroyed inheritance property, determining the place of opening the inheritance and meeting the deadlines for its acceptance. In these circumstances, there is a need to revise and adapt the legal framework to protect the rights of heirs and testators in a state of emergency. First of all, this concerns the determination of the term of inheritance acceptance, which remains one of the most important aspects regulating the process of transferring inheritance rights. The article concludes that one of the key problems in determining the time limit for inheritance is the discrepancy between temporary regulations and the long-term legislative framework, and notes that an increase in the time limit to ten months may be justified in martial law or other emergency circumstances, but in peacetime, six months is sufficient for inheritance. The study also argues for the need to amend Article 1221 of the Civil Code to determine the place of inheritance opening, which will create a more effective mechanism for protecting the rights of internally displaced persons. The author also concludes that it is necessary to develop remote technologies, in particular, the possibility of using digital signatures, video identification and other means of remote confirmation of the identity of a participant in inheritance relations. The author concludes that in order to solve these problems, it is necessary to continue improving legislation, in particular by eliminating contradictions in the rules on the term of inheritance and determining the place of its opening, as well as by introducing digital technologies for remote inheritance and simplifying procedures for obtaining inheritance rights.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Weatherford College (US), Al-Azhar University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Consumer behavior in food and health
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.