Inheritance relations under martial law: peculiarities of legal regulation

The article analyzes the peculiarities of legal regulation of inheritance relations in the conditions of martial law. It was determined that the study of inheritance problems is due to the need for further improvement of the mechanism of implementation and protection of human rights and interests, in particular property rights, in the conditions of a market economy in a democratic, legal state. In the conditions of martial law in Ukraine, this issue becomes extremely important due to the occurrence of significant obstacles in the implementation of the right to inherit. In the process of research, it was established that the introduction of a special legal regime, including martial law, always acts as a basis for limiting the basic rights and freedoms of a person and a citizen, in particular, in relation to the realization of property rights, for example, inheritance. It was found that during the period of martial law, appropriate changes were made to the legislation of Ukraine to regulate inheritance relations. It was found that the place of opening of inheritance is the last place of residence of the testator, and if the place of residence of the testator is unknown, the place of opening of inheritance is the location of immovable property or its main part, and in the absence of immovable property - the location of the main part of movable property. It has been established that a six-month deadline is set for accepting inheritance, but if a person died during martial law and the state registration of death was carried out later than one month after his death, the time limit for accepting inheritance is calculated not from the moment of actual death, but from the moment registration of death by state authorities. If a person died in the temporarily occupied territories or in some other city, the heirs turn to a notary public and cannot substantiate the date of death, then for such persons the term is calculated from the moment the fact of death is entered in the State Register of civil status acts of citizens. It was determined that the introduction of the legal regime of martial law in Ukraine required the introduction of appropriate changes to the national legislation, in particular regarding inheritance relations, in order to establish and ensure human rights and freedoms in the new realities. The introduced changes provide an opportunity to protect the rights of heirs in the best possible way.