SOME PROBLEMS IN THE IMPLEMENTATION OF INHERITANCE RIGHTS

The article is devoted to the study of the concept and types of preferential rights. Preemptive inheritance rights should be understood as the ability of the heir to acquire ownership of certain types of property that is part of the inheritance on special grounds and conditions. The types of preferential rights are determined by the legal status of the heir, characterizing his circumstances and the legal regime of inheritance. We understand the conditions for the exercise of inheritance preferential rights in the form of special circumstances, in the presence of which it is possible to exercise these rights: the acquisition of inheritance. Such conditions must include the circumstances that characterize the legal regime of inheritance and the legal status of the heir: the indivisibility of the thing that is part of the inheritance and the existence of a regime of joint ownership of it; permanent use; household items and household items and cohabitation of the heir with the testator; the presence of an enterprise in the inheritance and entrepreneurial activity of the heir; the presence of a peasant farm in the inheritance and the heir's membership in this farm and others. It must be assumed that the establishment of preferential inheritance rights is caused by objective necessity and is an effective measure for the implementation of inheritance rights. The author analyzes the mechanism of exercising pre-emptive rights when inheriting an indivisible thing, a dwelling and an enterprise as a property complex. The author pays special attention to compensation to other heirs when the heir exercises his preemptive right in the division of property. The features of the exercise of preferential rights in inheritance legal relations under the Russian inheritance law are considered. Attention is drawn to some problems in the regulation of hereditary legal relations, in particular concerning the rules of inheritance by obligatory heirs. The opinions of various authors on the definition of the essence of the preferential rights of heirs are presented. The features of the implementation of the preemptive right to inherit an enterprise as a property complex are also highlighted, and judicial practice is analyzed. Special attention is paid to the definition of the Supreme Court of the Russian Federation, which radically changed judicial practice.