Fedorych I. Realisation of right to inherit under the civil legislation of Ukraine.

The dissertation is devoted to the research of actual theoretical and practical problems connected with the realization of the right to inherit under the civil legislation of Ukraine. Analyzing the current legislation and scientific works, author defines the legal nature and the substance of the right to inherit and the order of its realization. Author represents own definition of «the right to inherit», also scientific ideas concerning the understanding of the substance of the right to inherit through the secondary rights are supplemented.Particular attention is paid to the research of ways of realization of the right to inherit. Acceptance of inheritance and refuse to inherit as demonstration of the heirs will are represented by the unilateral deeds of heir (statements). It is argued that the aim of the presumption of acceptance of inheritance set in the Civil code of Ukraine is to protect the legal rights and interests of heirs, and it is not an alternative way to accept the inheritance. As a result of judicial and notary practice analysis author makes propositions called to improve the notary procedure in inheritance cases, particularly concerning: the acceptance of inheritance; the consent to inherit of heirs who accepted the inheritance, given to the heirs who missed the term to accept the inheritance; the recall of statements on acceptance of inheritance and refuse to inherit.On the ground of the conducted research author represented theoretical conclusions and propositions for the improvement of acting legislation.For the first time:1) represented authors definition of the notion «the right to inherit» as subjective right to accept the inheritance, refuse to inherit, during the term set in legislation, or not to accept the inheritance, and also to represent all the rights, which designate the right to inherit and set in the legislation; 2) it is substantiated, that under the general rule the acceptance of inheritance and refuse to inherit are to be represented only through the demonstration of will, namely by the unilateral deed of heir (statement); 3) it is proved, that the presumptions of acceptance of inheritance set in part 3, 4 art. 1268 of the Civil code of Ukraine are aimed to protect the legal rights and interests of heirs, and it is not alternative way to accept the inheritance. It is proposed to set in the legislation right of the heir, who is concerned to accept inheritance under the part 3, 4 art. 1268 of the Civil code of Ukraine, to disprove presumption of acceptance of inheritance in non-judicial way if the set six month term has passed; 4) it is substantiated, that acceptance of inheritance and refuse to inherit are equal rights and that is why it is proposed to foresee in legislation the right to refuse to inherit after the term has passed under the consent of heirs who accepted the inheritance, and also right to apply to court for establishment of the additional term to represent the refuse to inherit; 5) it is proposed to implement the electronic registrar of creditors applications, made during the term set for their acceptance.