RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 30, 2008 No. 7

About court practice on cases on inheritance

For the purpose of ensuring identical application of the legislation on inheritance the Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:

1. The heritable relations are governed by the Civil code of Ukraine (further - group of companies), the laws of Ukraine of September 2, 1993 N 3425-XII "About notariate", of June 23, 2005 N 2709-IV "About private international law", other laws, and also subordinate regulatory legal acts adopted according to them.

The relations of inheritance are governed by rules of group of companies if the inheritance opened not earlier than January 1, 2004.

In case of opening of inheritance before the specified date the legislation existing for that time, in particular, the corresponding rules of the Civil code of the Ukrainian SSR (further - USSR Group), including concerning inheritance acceptance, circle of legal heirs is applied. In case inheritance which opened to the introduction in action of group of companies and term on its acceptance did not end till January 1, 2004, the heritable relations are governed by this Code.

2. Cases on inheritance are considered by courts by rules of claim production if person takes a legal action with the requirement about establishment of the facts which have legal value which can influence the succession law and obligations of other persons and (or) in the presence of other heirs and dispute between them.

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