Scientific Journal of the National Academy of Internal Affairs

The article analyzes the hereditary legal relations as a form of civil legal relations, which is characterized only by its inherent features. As a result of the generalization of theoretical developments of previous researchers, studies of the legislative framework and practice it is proposed to define the concept ofhereditary relations which is based on the will of the subjects of legal relations in conjunction with social will. Hereditary relationship is manifested as a way with the help of which an abstract legal norm acquires a concrete expression and as a way of regulating social hereditary relations. As a way of applying a specific norm, it has a specialty in that the relationship between its participants is based on the principles of legal equality. Attention is emphasized on the grounds of the occurrence of an inherited legal relations, which are only those legal facts that are provided by law. The focus is on the fact that both – the legal norm and inheritance law has one and the same object – the actual social relations, which are based on the rule of law or justice. It is concluded that the theoretical substantiation of the essence of one or another legislative term related to the legal relationship is not always in the field of view of the legislator and is properly assessed in legislative activity. Often, practice has a more significant impact on the development of something else than a theory of law. The theory is often aimed at substantiating the practical possibilities of implementing the legislative categories. The definition of the concept of an inherited legal relationship, based on which is the expression of the will of subjects of legal relationship in conjunction with social will, which makes it possible to draw a line between the inheritance of the relationship and the legal norm.