Publication date: 30.05.2024
Legislation on property rights and inheritance in Ukraine: nuances and prospects
Property and inheritance law plays a key role in the legal system of Ukraine. It establishes the legal framework for the ownership, use and disposal of property, and defines the procedure for inheriting property after the owner's death. In this article, we will discuss the main aspects of this legislation, its nuances and prospects for development in Ukraine.
Property rights
Types of ownership
In Ukraine, property can be divided into several categories:
- Private property: Property owned by individuals or private companies.
- State property: Property owned by the state or its agencies.
- Communal property: Property owned by local communities or local governments.
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Legal regulation
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right to property and the protection of private property. It proclaims that everyone has the right to own, use and dispose of his or her property, and that property rights are inviolable.
Civil Code of Ukraine
The Civil Code of Ukraine defines the main provisions on ownership, use and disposal of property. It establishes rules for acquiring property rights and protecting the rights of owners.
Land Code of Ukraine
The Land Code of Ukraine regulates land ownership. It defines the procedure for acquiring, realizing and protecting ownership of land plots.
Inheritance law
Types of inheritance
- By will: Inheritance is carried out in accordance with the will of the testator expressed in the will.
- By law: In the absence of a will, inheritance is carried out in accordance with the rules established by law, which determine the circle of heirs and the procedure for distributing property.
Legal regulation
Civil Code of Ukraine
The Civil Code of Ukraine regulates inheritance issues, defines the procedure for drafting and executing a will, as well as the rights and obligations of heirs. It stipulates that inheritance is opened upon the death of a person or declaration of death.
The Law of Ukraine "On Notaries"
The Law of Ukraine "On Notaries" establishes the rules for performing notarial acts, including the certification of wills and the issuance of certificates of inheritance. A notary plays an important role in the inheritance process, ensuring the protection of heirs' rights and the legality of inheritance transactions.
Nuances and prospects for development
Simplification of procedures
One of the main areas of development of property rights and inheritance legislation is to simplify the procedures for registering property rights and inheritance. This includes:
- Digitalization: Introduction of electronic registries and digital platforms for filing documents and making transactions.
- Simplification of notarial procedures: Reducing the number of documents and requirements for notarization of transactions.
Protection of the rights of owners and heirs
The legislation should be aimed at strengthening the protection of the rights of owners and heirs, including:
- Combating raiding: Establish stricter liability measures for illegal seizure of property.
- Protection of the rights of vulnerable categories: Improving mechanisms for protecting the rights of minors, persons with disabilities and other vulnerable categories of heirs.
