“SUCCESSION LAW” ІN THE DRAFT UPDATED CIVIL CODE OF UKRAINE (CODE OF PRIVATE LAW): A RESPONSE TO MODERN CHALLENGES

Abstract

The article provides a comprehensive analysis of the transformation of succession law within the framework of the renewal of private law regulation in Ukraine. The study addresses the shift in the systematic placement of succession norms, which, in the updated Civil Code of Ukraine, are distinguished into Book Seven, "Succession Law." An overview of succession law innovations is provided, specifically the expansion of the inheritance estate, which, for the first time at the legislative level, includes "digital things": virtual assets, accounts in digital systems, domain names, and digital content. Particular attention is paid to the inclusion of the right to reparations (compensation for damage caused by the aggressor state) in the estate, which is critically important given the contemporary challenges facing Ukraine due to the armed aggression of the Russian Federation.
An analysis is conducted regarding the changes in the subjects of succession relations necessitated by the development of biomedicine and reproductive technologies. The paper describes the mechanism of "post-mortem" succession, which allows children conceived within six months after the decedent’s death through assisted reproductive technologies to act as heirs under a will. Furthermore, the legal regulation of a separate testament regarding the disposition of reproductive biological material is considered as a new type of testamentary disposition in the event of death.
The publication analyzes structural changes in the order of intestate succession (succession by law), specifically noting the increase in the number of priority groups (orders) to six and the revision of the standing of certain categories of relatives and persons who cohabited with the decedent. The issue of expanding testamentary freedom is highlighted, manifested in the testator’s right to appoint guardians for minors and incapacitated persons, as well as to establish obligations for heirs regarding the care of the testator’s animals.
Special emphasis is placed on procedural innovations: the revised approach to the mandatory share for adult disabled heirs (the introduction of the application-based principle) and the improvement of the inheritance management mechanism.
The conclusion emphasizes that the update of the private law regulation of succession relations is aimed at expanding individual private autonomy and the de-sovietization of civil law. Prospective directions for further scientific discussion are identified, particularly regarding the legal nature of embryos in succession law and the specifics of inheriting indivisible objects of intellectual property rights.