Правове регулювання спадкування в період воєнного стану в Україні

The article examines the legal regulation of inheritance in Ukraine under martial law, introduced by the Decree of the President of Ukraine. Attention is focused on changes in the legal mechanism of inheritance relations due to the state’s special legal status. Practical aspects of notaries’ work in the absence of access to the Inheritance Register, regulated by the Procedure for Notarial Acts and other subordinate acts, are analyzed. Gaps in legal regulation are identified, particularly the lack of clear mechanisms for confirming the improper functioning of the Inheritance Register, which complicates notarial practice and may lead to notaries being held liable. Judicial practice regarding the validity of reasons for missing the deadline to accept inheritance under martial law is considered. Amendments to legislation to regulate these aspects are proposed. The issue of entering information about wills certified by authorized persons under martial law is examined, along with the legal uncertainty regarding wills of military personnel received by notaries or authorized employees of local self-government bodies after the end of martial law. It is proposed to extend the validity of the relevant provisions for one year after the termination of martial law. The legal status of persons authorized to certify wills during martial law is analyzed, and legislative improvements are suggested by aligning the Law of Ukraine «On Notariate» with the Cabinet of Ministers of Ukraine’s resolution «Certain Issues of Notariate under Martial Law.» The issuance of certificates of inheritance rights to persons associated with the aggressor state and prospects for legislative regulation of these relations are also considered. Taking into account foreign experience, the introduction of a special type of will certified by witnesses in Ukraine is proposed. The suggested changes aim to ensure legal certainty and the effective functioning of the inheritance mechanism under martial law.