PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW
The hereditary fund is a new and not fully explored form of a legal entity. Having appeared in 2018 as a bright prospect of existence in the national legal field of trusts, the inheritance fund very quickly showed all its few pluses and numerous minuses, reflecting the haste of its introduction into...
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| Format: | Article |
| Language: | English |
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Science and Innovation Center Publishing House
2023-03-01
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| Series: | Russian Studies in Law and Politics |
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| Online Access: | http://lpjournal.ru/jour/index.php/rslp/article/view/138 |
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| author | Tatyana Y. Naumova Valentina M. Bolshakova Petr Y. Naumov |
| author_facet | Tatyana Y. Naumova Valentina M. Bolshakova Petr Y. Naumov |
| author_sort | Tatyana Y. Naumova |
| collection | DOAJ |
| description | The hereditary fund is a new and not fully explored form of a legal entity. Having appeared in 2018 as a bright prospect of existence in the national legal field of trusts, the inheritance fund very quickly showed all its few pluses and numerous minuses, reflecting the haste of its introduction into the Civil Code of the Russian Federation. It is worth emphasizing that the development of national inheritance law is necessary. The desire to use foreign experience in this development is reasonable and justified. However, the blind copying of trust legislation, together with the use of an inappropriate form of a Russian legal entity, namely a «fund» became a determining factor for turning a promising civil law institution into a non-working mechanism. The hereditary fund, having become the fundamental and first personal fund in the Russian Federation, after a reasonable, but not eliminating all the shortcomings of the reform in July 2021 after the entry into force of the Federal Law of July 1, 2021 № 287 «third of the Civil Code of the Russian Federation» on March 1, 2022, is now more likely a sub-institution or one of the varieties of personal funds. This article provides a detailed analysis and a scientific and legal assessment of the existence of personal and hereditary funds. The author’s position is formulated on the reasonableness of using the term «fund» when introducing trust law into the national legal field. The author defines the prospects for the existence of hereditary funds, both formal legal and practical, and also formulates proposals for improving legislation in order to increase its prestige and the interest in it of owners of large capitals in Russia. |
| format | Article |
| id | doaj-art-056ef3e800484baa87dde52d580ce8c2 |
| institution | Kabale University |
| issn | 2576-9634 |
| language | English |
| publishDate | 2023-03-01 |
| publisher | Science and Innovation Center Publishing House |
| record_format | Article |
| series | Russian Studies in Law and Politics |
| spelling | doaj-art-056ef3e800484baa87dde52d580ce8c22025-02-03T01:05:39ZengScience and Innovation Center Publishing HouseRussian Studies in Law and Politics2576-96342023-03-01718810310.12731/2576-9634-2023-1-88-103138PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAWTatyana Y. Naumova0Valentina M. Bolshakova1Petr Y. Naumov2Saratov State National Research University named after N.G. ChernyshevskyNizhny Novgorod Institute of Management – a branch of the Russian academy of national economy and public administration under the President of the Russian FederationMain military clinical hospital of the national guard troops of the Russian FederationThe hereditary fund is a new and not fully explored form of a legal entity. Having appeared in 2018 as a bright prospect of existence in the national legal field of trusts, the inheritance fund very quickly showed all its few pluses and numerous minuses, reflecting the haste of its introduction into the Civil Code of the Russian Federation. It is worth emphasizing that the development of national inheritance law is necessary. The desire to use foreign experience in this development is reasonable and justified. However, the blind copying of trust legislation, together with the use of an inappropriate form of a Russian legal entity, namely a «fund» became a determining factor for turning a promising civil law institution into a non-working mechanism. The hereditary fund, having become the fundamental and first personal fund in the Russian Federation, after a reasonable, but not eliminating all the shortcomings of the reform in July 2021 after the entry into force of the Federal Law of July 1, 2021 № 287 «third of the Civil Code of the Russian Federation» on March 1, 2022, is now more likely a sub-institution or one of the varieties of personal funds. This article provides a detailed analysis and a scientific and legal assessment of the existence of personal and hereditary funds. The author’s position is formulated on the reasonableness of using the term «fund» when introducing trust law into the national legal field. The author defines the prospects for the existence of hereditary funds, both formal legal and practical, and also formulates proposals for improving legislation in order to increase its prestige and the interest in it of owners of large capitals in Russia.http://lpjournal.ru/jour/index.php/rslp/article/view/138inheritance fundpersonal fundtrustreforminheritancecapitalbeneficiarytrust managementtestatornotary |
| spellingShingle | Tatyana Y. Naumova Valentina M. Bolshakova Petr Y. Naumov PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW Russian Studies in Law and Politics inheritance fund personal fund trust reform inheritance capital beneficiary trust management testator notary |
| title | PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW |
| title_full | PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW |
| title_fullStr | PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW |
| title_full_unstemmed | PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW |
| title_short | PROSPECTS FOR THE HEREDITARY FUND IN MODERN RUSSIAN LAW |
| title_sort | prospects for the hereditary fund in modern russian law |
| topic | inheritance fund personal fund trust reform inheritance capital beneficiary trust management testator notary |
| url | http://lpjournal.ru/jour/index.php/rslp/article/view/138 |
| work_keys_str_mv | AT tatyanaynaumova prospectsforthehereditaryfundinmodernrussianlaw AT valentinambolshakova prospectsforthehereditaryfundinmodernrussianlaw AT petrynaumov prospectsforthehereditaryfundinmodernrussianlaw |