Home/ Majors directory/Law/Inheritance in Ukraine
Inheritance in Ukraine
Major: Law
Code of subject: 7.081.01.E.039
Credits: 5.00
Department: Civil Law and Procedure
Lecturer: V. Pasternak
Semester: 2 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation and development of the competencies of students:
Integral competence (ІНТ)
ІНТ The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (ЗК)
ЗК1. Ability to abstract thinking, analysis and synthesis.
ЗК2. Ability to conduct research at an appropriate level.
ЗК3. Ability to search, process and analyze information from various sources.
ЗК4. Ability to adapt and act in a new situation.
ЗК6. Ability to generate new ideas (creativity).
ЗК7. Ability to make informed decisions.
ЗК8. Ability to communicate with representatives of other professional groups at different levels (with experts from other fields of knowledge/types of economic activity).
ЗК9. Ability to work in international content.
Special (professional subject competences (СК)
СК1. The ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
СК4. The ability to assess the interaction of international law and international legal systems with the legal system of Ukraine.
СК5. The ability to use modern legal doctrines and principles in law-making and in the process of applying institutions of public and private law, as well as criminal justice.
С6. The ability to justify and motivate legal decisions, to give detailed legal arguments.
СК7. Ability to apply knowledge and understanding of the basic principles (principles) and procedures of the judiciary in Ukraine.
СК8. Ability to use mediation and other legal tools of alternative out-of-court proceedings and resolution of legal disputes.
СК10. The ability to make decisions in situations that require a systematic, logical and functional interpretation of legal norms, as well as an understanding of the peculiarities of the practice of their application.
СК13. The ability to convey information, ideas, the content of problems and the nature of optimal solutions to specialists and non-specialists in the field of law with proper reasoning.
Competencies of professional direction (ПК)
ПК4.3. Ability to understand the order of transfer of inheritance rights and obligations in Ukraine.
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following learning outcomes:
PH1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
Results of training in a professional direction (ПС)
ПС4.3. Knowledge of the procedure for implementing inheritance rights and responsibilities in Ukraine, the ability to solve law enforcement problems in this area.
Required prior and related subjects: Associated and subsequent academic disciplines
Procedural representation
Actual problems of civil law and process (jurisprudence)
Summary of the subject: Inheritance in Ukraine - the content of the academic discipline is the concept of inheritance, inheritance as a universal legal succession, testators and heirs, exclusion from the right to inherit, time, place of opening of inheritance, composition of inheritance, inheritance by will (the right to make a will, the procedure for signing and certifying a will, peculiarities of the certification of a secret will, testamentary refusal, sub-appointment of heirs, assignment of obligations to the heirs under the will (conditional will, spousal will, execution of the will), inheritance by law (order of inheritance, inheritance by right of representation, inheritance by adopted and adoptive parents), acceptance of inheritance (procedure and terms of acceptance of inheritance, refusal to accept inheritance, death of inheritance), protection of inheritance, claims of creditors of the testator to heirs, registration of the right to inheritance, inheritance contract (concept and parties, form of inheritance contract, execution and enforcement of inheritance contract, termination of the inheritance contract and its legal consequences), features of the inheritance contract involving spouses, testamentary refusal, the right to a mandatory share of the heirs.
Опис: Topic 1. General provisions of inheritance law
Topic 2. Inheritance of individual objects
Topic 3. Inheritance by will
Topic 4. Inheritance by law
Topic 5. Exercising the right to inheritance
Topic 6. Execution of the will. Registration of the right to inheritance.
Topic 7. Inheritance contract
Assessment methods and criteria: Assessment of the level of achievement of learning outcomes is carried out in view of the student's ability to reasonably formulate his legal position, to be able to present, evaluate evidence and present convincing arguments; assess the reliability of information and the reliability of sources, effectively process and use information for conducting scientific research and practical activities; conduct a comparative legal analysis of individual legal institutions of different legal systems, taking into account the relationship between the legal system of Ukraine and the legal systems of the Council of Europe and the European Union; have practical skills in solving problems related to the implementation of procedural functions of law enforcement entities; use knowledge about the organization of the bar, the implementation of the bar in Ukraine and foreign countries; the level of specialized conceptual knowledge, which includes modern scientific achievements in the field of professional activity or field of knowledge and is the basis for original thinking and conducting research; the ability to integrate knowledge and solve complex problems in broad or multidisciplinary contexts; use of foreign languages in professional activities, etc.
Assessment of the achievement of the specified learning outcomes by the teacher is carried out using the methods of frontal survey, selective oral survey; presentations at practical classes, performance of individual tasks (drafting of legal documents, preparation of an abstract), assessment of activity (introduced proposals, original solutions, clarifications and definitions, etc.).
Current control of knowledge is an organic part of the entire educational process and serves as a means of identifying the degree of perception (assimilation) of educational material from the discipline "Inheritance in Ukraine". Assessment of students' knowledge based on current control data is carried out by monitoring the activity of work during the study of the material of the discipline, including answers to practical classes, preparation of essays, practical tasks, solving problems, etc. The current control is carried out in order to find out the readiness of students for classes through a frontal survey, a selective oral survey on the main issues of the discourse; frontal verification of the performance of individual tasks; challenging individual students to independently solve practical tasks or situations, etc.
Assessment of the achievement of the specified learning outcomes by the teacher is carried out using the methods of frontal survey, selective oral survey; performances at practical classes, performance of individual tasks (solution of practical tasks, preparation of an essay).
In practical classes, the teacher assesses the quality of acquired knowledge and the achievement of learning outcomes by conducting an oral and face-to-face survey of students, a selective oral survey in order to clarify the students' theoretical preparation. During the oral examination, the teacher assesses: the student's level of assimilation of the educational material, the ability to use theoretical knowledge when performing practical tasks; reasonableness of judgments and logical presentation of information, reasonableness of conclusions; complete disclosure of the topic; list of processed sources.
Activating mental activity and testing the ability to apply the acquired knowledge in various legal situations, distinguish legally significant facts and form reasonable legal conclusions is carried out by posing situations that sharpen the student's attention on important points of the material, by offering simulation exercises (tasks) that clarify the provisions in more depth lectures Simulation exercises should be simple and not require long thinking for their solution.
The results of mastering the theoretical provisions of the discipline "Inheritance in Ukraine" and acquiring the skills of their practical application are checked by analyzing individual practical tasks prepared by students (solutions to practical tasks, problems) and preparing essays). The content of the tasks and the topics of the essays are given in the methodological instructions for conducting practical tasks.
The individual tasks of students from the discipline "Inheritance in Ukraine" include writing essays on a given topic, solving practical tasks, problems, creative scientific work and preparing a publication in the direction of the discipline "Inheritance in Ukraine" in specialized publications of Ukraine, scientific publications that include to international scientometric databases, reports at scientific events (conferences, symposia, seminars) with the publication of materials and theses, scientific works for the competition of student scientific works.
The scientific work of students is aimed at the preparation of a publication in the field of "Inheritance in Ukraine" in specialized publications of Ukraine, scientific publications that are included in international scientometric databases, reports at scientific events (conferences, symposia, seminars) with the publication of materials and theses, preparation of work for the competition of student scientific works.
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Критерії оцінювання результатів навчання: Current control of knowledge is an organic part of the entire educational process and serves as a means of identifying the degree of perception (assimilation) of educational material from the discipline "Inheritance in Ukraine". Assessment of students' knowledge based on current control data is carried out by monitoring work activity during the study of subject material, including answers in practical classes, preparation of essays, reports and analytical materials, etc. The current control is carried out in order to find out the readiness of students for classes through a frontal survey, a selective oral survey on the main issues of the discourse; frontal verification of the performance of individual tasks; challenging individual students to independently solve practical tasks or situations, etc.
In practical classes, the teacher assesses the quality of acquired knowledge and the achievement of learning outcomes by conducting an oral and face-to-face survey of students, a selective oral survey in order to clarify the students' theoretical preparation. During the oral examination, the teacher assesses: the student's level of assimilation of the educational material, the ability to use theoretical knowledge when performing practical tasks; reasonableness of judgments and logical presentation of information, reasonableness of conclusions; complete disclosure of the topic; list of processed sources.
The results of mastering the theoretical provisions of the discipline "Inheritance in Ukraine" and acquiring the skills of their practical application are checked by analyzing three types of individual practical tasks prepared by students: preparation of an essay,
performance of tasks, practical tasks, student scientific work. The maximum number of points for their performance is 10.
The form of semester control of the student's study results in the academic discipline "Inheritance in Ukraine" for the semester is examination control, which is conducted in the form of an exam (written and oral components) for full-time students. The exam in the educational discipline "Inheritance in Ukraine" is conducted by a lecturer with the possible participation of an assistant or other teacher who conducted practical classes in the discipline.
The maximum score is 100
Current control (PC)
oral survey - 30;
preparation of an essay, performance of tasks, practical tasks, student scientific work - 10.
Total per PC - 40.
Examination control
Written component - 50
Oral component - 10
Total for the discipline - 100.
Порядок та критерії виставляння балів та оцінок: 100-88 points - certified with an “excellent” grade - High level: the student demonstrates an in-depth mastery of the conceptual and categorical apparatus of the discipline, systematic knowledge, skills and abilities of their practical application. The mastered knowledge, skills and abilities provide the ability to independently formulate goals and organize learning activities, search and find solutions in non-standard, atypical educational and professional situations. The applicant demonstrates the ability to make generalizations based on critical analysis of factual material, ideas, theories and concepts, to formulate conclusions based on them. His/her activity is based on interest and motivation for self-development, continuous professional development, independent research activities, implemented with the support and guidance of the teacher. 87-71 points - certified with a grade of “good” - Sufficient level: involves mastery of the conceptual and categorical apparatus of the discipline at an advanced level, conscious use of knowledge, skills and abilities to reveal the essence of the issue. Possession of a partially structured set of knowledge provides the ability to apply it in familiar educational and professional situations. Aware of the specifics of tasks and learning situations, the student demonstrates the ability to search for and choose their solution according to the given sample, to argue for the use of a particular method of solving the problem. Their activities are based on interest and motivation for self-development and continuous professional development. 70-50 points - certified with a grade of “satisfactory” - Satisfactory level: outlines the mastery of the conceptual and categorical apparatus of the discipline at the average level, partial awareness of educational and professional tasks, problems and situations, knowledge of ways to solve typical problems and tasks. The applicant demonstrates an average level of skills and abilities to apply knowledge in practice, and solving problems requires assistance, support from a model. The basis of learning activities is situational and heuristic, dominated by motives of duty, unconscious use of opportunities for self-development. 49-00 points - certified with a grade of “unsatisfactory” - Unsatisfactory level: indicates an elementary mastery of the conceptual and categorical apparatus of the discipline, a general understanding of the content of the educational material, partial use of knowledge, skills and abilities. The basis of learning activities is situational and pragmatic interest.
Recommended books: Basic:
1. The Constitution of Ukraine dated June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141.
2. Civil Code of Ukraine. Information of the Verkhovna Rada of Ukraine. 2003. No. 40-44. Art. 356.
3. Economic Code of Ukraine. Information of the Verkhovna Rada of Ukraine. 2003. No. 18-22. Article 144.
4. Housing Code of Ukraine. Information of the Verkhovna Rada of the Ukrainian SSR. 1983. No. 28. Article 573.
5. Family Code of Ukraine. Information of the Verkhovna Rada of Ukraine. 2002. #21-22. Article 135
6. On banks and banking activities: Law of Ukraine dated December 7, 2000. Information of the Verkhovna Rada of Ukraine. 2001. No. 5-6. Article 3.
7. Land Code of Ukraine dated October 25, 2001 No. 2768-ІІІ // Bulletin of the Verkhovna Rada of Ukraine (VVR), 2002, N 3-4, Art. 27.
8. Tax Code of Ukraine dated December 2, 2010 No. 2755-VI // Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 13-14, No. 15-16, No. 17 /, Art. 112.
9. Law of Ukraine "On Notaries" dated September 2, 1993 // Bulletin of the Verkhovna Rada of Ukraine 1993, No. 39, Art. 383.
10. Law of Ukraine "On Farming" dated June 19, 2003 // Bulletin of the Verkhovna Rada of Ukraine, 2003, No. 45, Article 363.
11. Law of Ukraine "On Cooperation" dated 07.10.2003 No. 1087-IV // Bulletin of the Verkhovna Rada of Ukraine, 2004, No. 5, Article 35.
12. Law of Ukraine "On Public Associations" dated March 22, 2012 No. 4572-VI // Bulletin of the Verkhovna Rada of Ukraine. – 2013. – No. 1. – Article 1.
13. Law of Ukraine "On Political Parties in Ukraine" dated April 5, 2001 No. 2365-III // Bulletin of the Verkhovna Rada of Ukraine. – 2001. – No. 23. – Article 118.
14. Law of Ukraine "On copyright and related rights" dated December 23, 1993 No. 3792-XII // Bulletin of the Verkhovna Rada of Ukraine. - 1994. - No. 13, Article 64.
15. Law of Ukraine "On Privatization of the State Housing Fund" of June 19, 1992 No. 2482-XII // Bulletin of the Verkhovna Rada of Ukraine. – 1992. – No. 36. - Article 524.
16. Law of Ukraine "On Circulation of Bills of Exchange in Ukraine" dated April 5, 2001 No. 2374-III // Bulletin of the Verkhovna Rada of Ukraine - 2001, No. 24, Article 128.
17. Law of Ukraine "On Capital Markets and Organized Commodity Markets" dated February 23, 2006 // Bulletin of the Verkhovna Rada of Ukraine, 2006, N 31, Article 268.
18. On the approval of the Procedure for the performance of notarial acts by notaries of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 22.02.2012 No. 296/5 // Official Gazette of Ukraine dated 07.03.2012 — 2012, No. 17, p. 66, article 632.
19. On the approval of the Rules for the registration of acts of civil status in Ukraine, Order of the Ministry of Justice of Ukraine dated October 18, 2000 N 52/5 // Official Gazette of Ukraine dated November 3, 2000 - 2000, No. 42, p. 205, Article 1803.
20. On the approval of the Regulation on the procedure for performing notarial acts in diplomatic missions and consular institutions of Ukraine: Order of the Ministry of Justice of Ukraine and the Ministry of Foreign Affairs of Ukraine dated 12.27.2004 No. 142/5/310 // Official Gazette of Ukraine. – 2004. – No. 52. – Art. 3492.
Supporting literature:
1. Inheritance law of Ukraine: manual. Kyiv, Alerta, 2020. – 362p.
2. Civil law (special part). Course of lectures / For general Ed. I.V. Thanks to Fateeva / Study guide. Kyiv, Ekus. 2022. – 640 p.
3. Kukharev O. Inheritance law of Ukraine: textbook. Kyiv, Alerta, 2020. – 362p.
4. Dikovska I. A., Prytyka I. D. Inheritance of a share in a limited liability company under Ukrainian law. Journal of Advanced Research in Law and Economics. 2019. Vol. 10, No. 2. P. 528-532.
5. Zaika Yu.O. Formation and development of inheritance law in Ukraine: Monograph. - K.: National Academy of Internal Affairs of Ukraine, 2004.
6. I stutter. The mechanism of regulation of property legal relations arising after the opening of inheritance // Entrepreneurship, economy and law. – Issue 6, 2021. P.23-28.
7. Scientific and practical commentary on the Civil Code of Ukraine / Ed. V.M. Kossaka K.: Istyna, 2008.
8. Scientific and practical commentary on the Civil Code of Ukraine: In 2 volumes - 2nd ed., revised. and additional / Under the editorship O.V. Dzery (head of auto. coll.), N.S. Kuznetsova, V.V. Lutsia K.: Yurinkom Inter, 2006. - Volume II.
9. I.A., Zaika Yu.O. Civil law of Ukraine. Textbook. ( 2nd ed. ) - K.: KNT, 2008. 480 p.
10. Encyclopedia of civil law of Ukraine / Ed. doctor of law Sciences, professor, academician of the Academy of Sciences of Ukraine Y. M. Shevchenko. K.: Concern "In Yure Publishing House", 2009. 952 p.
11. Zaitseva Yu.O., Ryabokon Ye.O. Inheritance law: Education. manual / Under the editorship Dzery O.V. K.: Yurinkom Inter, 2009. 352 p.
12. Kukharev O. E. Inheritance law of Ukraine: academic and practical. manual / O. E. Kukharev. - K.: Legal unity: Alerta, 2013. - 328 p.
13. Romovska Z. V. Ukrainian civil law. Inheritance law. Academic course: textbook / Z. V. Romovska. – 2nd ed., supplement. - K.: Dakor, 2013. - 304 p.
14. Civil law: textbook: in 2 volumes / edited by: V. I. Borisova, I. V. Spasio-Fateeva, V. L. Yarotskyi. – Kh.: Pravo, 2011–2012. – T. 1–2.
15. O. V. Korotyuk Inheritance Law: Commentary on Book VI of the Civil Code of Ukraine [Text] / O. V. Korotyuk; [in general ed. O. V. Dzery]. - Kyiv: OVC, 2015. - 271 p.
16. Aparov A. M., Kovalenko Y. G. Peculiarities of inheritance of corporate rights. Constitutional state. 2018. No. 29. P. 74-79.
17. Baranova L. Protection of the rights of heirs by changing the order of inheritance by law. Bulletin of the Academy of Legal Sciences. 2010. No. 4. P. 138-144.
18. I. V. Actual issues of protection of inherited property by the executor of the will. Scientific Bulletin of the International Humanitarian University. Ser. : Jurisprudence. 2014. No. 7. P. 133-135.
19. Dzera O. Theoretical and practical problems of property rights protection in hereditary legal relations. Bulletin of the National Academy of Legal Sciences of Ukraine. Volume 27, 2020. P. 115-132.
20. Kravchyk M. B. Inheritance legal relations as a mechanism for exercising inheritance rights. Scientific Bulletin of the International Humanitarian University. Issue 3, 2018. P. 102-107.
Information resources
Websites:
- http://rada.gov.ua/# - official portal of the Verkhovna Rada of Ukraine (legislation);
- http://www.nbuv.gov.ua/ - National Library of Ukraine named after V. I. Vernadskyi (Scientific periodicals of Ukraine, Scientific electronic library, Abstracts of theses, etc.), etc.
- http://www.lsl.lviv.ua/ - Lviv National Scientific Library of Ukraine named after V. Stefanyk
- http://vns.lp.edu.ua – Virtual learning environment of Lviv Polytechnic National University
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