PECULIARITIES OF ESTABLISHING LEGAL FACTS IN CIVIL JUDICIARY OF UKRAINE

The relevance of the study reflected in the article is related to the question of the peculiarities of establishing facts of legal significance (legal facts) in civil proceedings. Cases of establishing facts of legal significance today remain an essential part of civil proceedings and a significant category of cases considered in separate proceedings. The issues raised in the article are investigated by acquainting and analyzing the norms of civil law, scientific works, as well as the case law of courts of general jurisdiction in Ukraine. Attention is focused on the purpose of the procedure of establishing facts of legal significance, in particular, the possibility of establishing the latter in court is emphasized only in cases where for the person interested in this, such establishment is important. In particular, the importance of establishing legal facts when accepting an inheritance in order for the heir to obtain a certificate of the right to inheritance is analyzed. The focus is on the purpose of the procedure for establishing facts of legal significance, namely the possibility of establishing in court only in cases where for the person interested in this, such establishment is important. In particular, the importance of establishing legal facts when accepting an inheritance in order for the heir to obtain a certificate of the right to inheritance is analyzed. Legal facts are an important category of civil proceedings, and therefore remain today the subject of scientific analysis of many scientists in Ukraine. However, despite the fact that today the issues that are unexplored or understudied in the theory of facts of legal significance have decreased significantly in scope, some issues in this area remain without proper coverage in scientific papers. This determines the relevance of the issue raised by the authors and is of scientific interest in the study of establishing the facts that have legal means, and therefore require in-depth scientific analysis with further generalization and formulation of proposals. The authors investigate the significance of facts that have legal significance in terms of legal relations of discovery and acceptance of inheritance. In particular, the cases when certain elements for the discovery of heritage are unknown are investigated. The proposed proposal is proposed to identify facts that have legal significance as those provided by the Civil Procedure Code of Ukraine, and not directly defined in the legislation of Ukraine, but meet the general principles of civil law, indicating or not which rules of law link termination of certain legal consequences, in particular, the emergence of rights and obligations.