The Category of «Justice» and Certain Aspects of the Modern Concept of Inheritance Legislation

Abstract

Justice as an idea belongs to the main fundamental humanitarian values. The relevance of the study is due to the need to ensure justice as a fundamental principle of civil law when reforming inheritance legislation, taking into account the balance of private and public interests.

The purpose of the article is to clarify the features of the implementation of the principle of justice in inheritance legal relations. To achieve the goal, the following tasks are set: to identify the contradictions between the formal rules of inheritance and the public perception of the fair distribution of property benefits after the death of an individual; to identify the optimal ratio between public and private interests in individual inheritance institutions. The defining method of the research is the systematic method, which allows analyzing the legal category of “justice” and establishing its influence on the modern legal regulation of inheritance relations. In the context of inheritance law, justice must be considered from the perspective of the distribution of benefits acquired by an individual in the event of its death. The category of justice includes such properties as high morality of behavior and actions of a person, respect for the interests of others and the public good, maintaining a reasonable balance between them. When implementing the principles of justice in legislative activity, it is necessary to adhere to both the material and procedural points of view. The category of justice includes such properties as high morality of behavior and actions of a person, respect for the interests of others and the public good, maintaining a reasonable balance between them. When implementing the principles of justice in legislative activity, it is necessary to adhere to both the material and procedural points of view. The material aspect of justice appears in the form of legal norms, which in their essence appear to society as naturally justified, built on doctrinal provisions and state ideology. The procedural nature must correspond to the legislatively determined order of lawmaking, the organic coordination of the changes made to the regulatory act with other acts of civil law, the norms of which regulate hereditary legal relations and derivatives thereof. The legislator does not directly include the principle of justice in the construction of legal norms that regulate the procedure and conditions of inheritance, however, each norm must be built on the principles of justice, in particular, Articles 1224, 1234, 1259 of the Civil Code of Ukraine, which are proposed to be amended. Violation of the principles of justice in inheritance law can lead to negative consequences for both an individual and public interests.

How to Cite

In accordance with DSTU 8302:2015:
Заіка Ю. Категорія «справедливість» і окремі аспекти сучасної концепції спадкового законодавства. Цивілістична платформа. 2025. № 3 (6). С. 5-14. https://doi.org/10.69724/2786-8834-2025-6-3-5-14

According to the international style of APA:
Zaika, Y. (2025) The Category of «Justice» and Certain Aspects of the Modern Concept of Inheritance Legislation. С. P. Journal, 3 (6). https://doi.org/10.69724/2786-8834-2025-6-3-5-14 [in Ukrainian].

References