PROCEDURE FOR CREATING AN INHERITANCE FUND UNDER RUSSIAN LAW

Abstract

The relevance of issues related to the legal status of the inheritance fund is predetermined by the following circumstances. First of all, the legislative innovations entered into force relatively recently, namely from September 01, 2018, and to date, there has not yet been a stable practice of applying these rules. Despite the fact that the new legal institution has not yet passed the test of time and has not received a solid practical approbation, in the legal environment, both professional and scientific, there is an urgent need to change it due to the imperfection of some legislative decisions. Against this background, a group of deputies took the initiative to reform the Institute of the inheritance fund. To date, the state Duma of the Russian Federation is discussing a bill on lifetime personal funds. Thus, the problem of the legal status of inheritance funds is particularly relevant in the light of the prospects for updating this institution. The novelty of the work is shown in the scientific methods and methods used by the author to study the peculiarities of the legal status of the inheritance fund. The author used a historical research method that allows the most profound, complete and comprehensive study of the phenomenon of the inheritance fund in both world and domestic legal practice. Retrospective analysis of the legal Institute of the inheritance fund, based on the principle of taking into account the traditions of civil law regulation of public relations, helps to identify trends in legal regulation in the field under consideration. Some of the author's conclusions were the result of using comparative legal tools. The use of the method of comparative law in the study of the legal structure of the inheritance fund seems to us particularly effective, which is due to the novelty of this Institute for the Russian law and order based on rich foreign experience of its application.