On the Issue of the Succession Law Reform in Russia and the European Union: Some Results of 2017 – 2019
Abstract
The authors investigate the features of reforming the succession law in Russia and the European Union. It was revealed that: (1) the topic of cross-border succession is becoming increasingly important in Europe, given that substantive laws in EU Member States vary significantly with respect to the form of will, the admissibility of succession agreements, the rules of calling for inheritance, etc.; (2) these problems should have been adopted by Regulation No. 650/2012 on succession adopted on July 4, 2012, which has been applied in all EU member states since August 17, 2015; (3) The Regulation introduced the European Certificate of Succession (ECS) - a document that must be recognized in all member states without any special procedure; (4) on the one hand, ECS has simplified the procedure for accepting and registering an inheritance; on the other hand, problems have been identified that arise as a result of applying the laws of individual states; (5) the reform of the Russian legislation on inheritance, which took place in 2017-2019, was aimed at ensuring the interests of heirs by introducing such institutions as: succession fund, succession agreement, joint testament of spouses; which made it possible to conclude that Russian legislation is increasingly intensively keeping up with the times and becoming more flexible in terms of inheritance.
References
[2] Frimston, R., Salomons, C. 2019. EU Developments. Law Business Research. September 2019. https://thelawreviews.co.uk/edition/the-private-wealth-private-client-review-edition-8/1197979/eu-developments (Accessed 10.04.19).
[3] France. 2019. European Judicial Network. https://e-justice.europa.eu/content_general_information-166-fr-maximizeMS_EJN-en.do?member=1 (Accessed 12.04.19).
[4] Frolova, E. et al. 2018. Information Security of Russia in the Digital Economy: The Economic and Legal Aspects. Journal of Advanced Research in Law and Economics. ASERS Publishing, vol. 9 (1). DOI: 10.14505/jarle.v 9.1(31).12, 89-95.
[5] Heidenhain, S. 2018. The fight for European Certificates of Succession continues in Olomouc and Luxembourg. BNT. 18.11.2018. https://www.bnt.eu/en/news/legal-news/2827-the-fight-for-european-certificates-of-succession -continues-in-olomouc-and-luxembourg?layout=bnt:news (Accessed 09.04.19).
[6] Lewandowska-Mroczkowska, M. 2019. Jurisdiction in the Succession Matters under the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 in the Face of Polish International Civil procedure. Social Transformations in Contemporary Society, 2019 (7) ISSN 2345-0126 (online) 150. http://stics.mruni.eu/wp-content/uploads/2019/06/STICS_2019_7_150-161.pdf (Accessed 22.04.19).
[7] Ruggeri, L., Kunda, I., et al. 2019. Family Property and Succession in EU Member States National Reports on the Collected Data. Publisher Sveučilište u Rijeci, Pravnifakultet/University of Rijeka, Faculty of Law. ISBN 978-953-8034-25-1. https://www.euro-family.eu/documenti/news/psefs_e_book_compressed.pdf (Accessed 10.04.19).
[8] Vildanova, M., Hajiyev, A. et al. 2019. New forms of out-of-court dispute resolution in Russia. Abstracts & Proceedings of SOCIOINT 2019- 6th International Conference on Education, Social Sciences and Humanities, 24-26 June 2019- İstanbul, Turkey. ISBN: 978-605-82433-6-1, 69-76.
[9] Willenbacher, B. 2003. Individualism and Traditionalism in Succession Law in Germany, France, England, and the United States. https://www.repo.uni-hannover.de/bitstream/handle/123456789/3045/0363199002238562.pdf?sequence=1&isAllowed=y (Accessed 27.04.19).
[10] Vaganova, O. 2019. Novye instrumenty dlya rasporyazheniya imushchestvom posle smerti: sovmestnoe zaveshchanie suprugov i nasledstvennyj dogovor [New tools for disposing of property after death: a joint will of the spouses and ansuccession contract]// Ekonomikaizhizn'. 19.04.19. https://www.eg-online.ru/article/406619/ (Accessed 20.04.19).
[11] Kozlova, N. 2017. Nasledstvo do vostrebovaniya. Krasheninnikov: Novyj zakon zashchitit prava naslednikov [Succession on demand. Krasheninnikov: The new law will protect the rights of heirs]. Rossiyskayagazeta - Federal'nyjvypusk № 168(7334) ot 31.07.17. https://rg.ru/2017/07/31/krasheninnikov-nasledstvennyj-fond-novyj-sposob-upravleniia-imushchestvom.html (Accessed 15.04.19).
[12] Krasheninnikov, P. 2019. Nasledstvennoe pravo (vklyuchaya nasledstvennye fondy, dogovory i sovmestnye zaveshchaniya). [Succession law (including succession funds, contracts and joint wills)]. Monograph. M., Izd. Statut, 2019. 301 p.
[13] Luk'yanenkova, V. 2019. Nasledstvennyj fond kak novella grazhdanskogo zakonodatel'stva [Succession fund as a short story of civil legislation]. Zakony Rossii. 22.05.19. https://zakoniros.ru/?p=32678 (Accessed 22.04.19).
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.