Тopical issues of improving the legal regulation of hereditary funds in the Russian

• Vronskaya M.V.

  M. V. Vronskaya. Vladivostok State University of Economics and Service. Vladivostok. Russia

• D.Yu. Nikitenok

  D.Yu. Nikitenok. Vladivostok State University of Economics and Service Vladivostok. Russia

In 2018, significant changes were made to the norms of civil legislation regulating inheritance relations. The latter, in particular, includes the legislative consolidation of the institution of the inheritance Fund, which in its essence can be represented as an independent method of managing the inheritance mass of a deceased person. The novelty of the Institute predetermined the goals of this work – to consider the Institute of the inheritance Fund as a novel of domestic legislation, to identify problems of its legislative regulation, and to study possible ways to solve them. The methodological basis of the research is a formal legal method for determining the true essence of the institution of the inheritance Fund, a comparative legal method for distinguishing it from related institutions, as well as a system analysis that involves the division of a complex phenomenon into separate blocks – the study of problematic aspects of regulation. As a result of the research, con-
clusions were obtained about the existence of problems of legislative regulation of the Institute of inheritance Fund – its legal definition, the question of whether the Institute can be classified as an independent type of legal entity, including a non-profit organization, the need to create an inheritance Fund after the death of the testator, the rights of heirs, and some others. As a solution to the existing problematic aspects, it is proposed to make changes to the norms of current legislation, and it is concluded that at present it is very difficult to determine the effectiveness of the Institute of inheritance Fund (in the form in which it exists at the moment) as an independent legal phenomenon due to its relatively recent introduction, the lack of established law enforcement practice. Meanwhile, the very idea that formed the basis of the Institute is seen as a very promising direction.
Keywords: inheritance, testator, will, notary, inheritance Fund, legal entity, non-profit organi-
zation.