Martyniuk T. Hereditary legal relations, the object of which is represented by cultural valuables

Dissertation for obtaining the degree of Doctor of Philosophy in specialty 081 – Law. – National Academy of Internal Affairs, Kyiv, 2023. The dissertation is a complex scientific study of the hereditary legal relationship, the object of which is represented cultural valuables. The general theoretical and methodological foundations of the hereditary legal relationship, the object of which is represented by cultural valuables, and the conditions for scientific development of the problem were determined, the methodology of the research of the hereditary legal relationship, the object of which is cultural values, was outlined, the analysis of domestic legislation and scientific doctrine in the outlined field was carried out. The author's definition of «Hereditary legal relations, the object of which is represented by cultural valuables» is formulated as a social relationship regulated by the norms of inheritance law, which arises on the basis of a complex legal fact – the discovery and acceptance of inheritance, that is characterized by the presence of a special subject structure and arises in relation to a specific object of inheritance – cultural values, the content of which is general and special inheritance rights and obligations. The right of the heir to sue in court with a demand for cancellation of the testamentary refusal is substantiated, if there are sufficient grounds to believe that the recipient of the refusal by his actions (inaction) creates a threat of destruction or damage to cultural value, which is an object of heritage and the right to prohibit the use of the cultural value by the recipient of the refusal for other purposes in the same manner and on the same grounds.