Дія спадкового закону на проблемних територіях: конфлікт юрисдикцій
Action of the inherited law on problem territories: conflict of jurisdictions
Author(s): O. PecheniySubject(s): Civil Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: inherited right; inheritance; defence; heirs; creditors
Summary/Abstract: In the article the problems of action of the inherited law are analysed on territories, having litigions legal status. Taking in accodians positions of international law documents, legislation of Ukraine and Russian Federation, the questions of realization and defence of the inherited rights are lighted up. Since March, 2014 in Ukraine because of action of aggressive factors of external and internal character there are territorial changes. In composition Ukraine is territory with litigions status. It above all things is republic Crimea and Sevastopol, separate districts of the Donetsk and Lugansk regions of Ukraine. An author analyses the problems of modern legal status of ARK and Sevastopol. In the field of civil law there was a conflict of Russian and Ukrainian jurisdictions. It negatively will affect property turn, inherited rights. It registers in the article, that annexation of Crimea violates international agreements and norms of international. Including in the complement of RF of Crimea and Sevastopol did not get neither international nor foreign confession, accordingly for other countries and their jurisdictions, including in the field of the inherited right, application on these territories of the Russian legislation will not have law consequences, including in part of relations of property and inheritance. At the same time, on territory of Crimea in certain will be used inherited rights 2 for Ukraine, that also found a reflection in the article. In the case of opening of inheritance to March, 16 of 2014 subject in any case to application civil legislation of Ukraine.
Journal: Теорія і практика правознавства
- Issue Year: 1/2015
- Issue No: 07
- Page Range: 8-8
- Page Count: 17
- Language: Russian