Russia (bbabo.net), - A new law has entered into force that amends the Civil Code. We are talking about the creation of personal funds for the management of hereditary property. Head of the State Duma Committee on State Building and Legislation, Doctor of Law, Professor Pavel Krasheninnikov commented on legal innovations.

Pavel Vladimirovich, who will be affected by the new law? The owners of "factories, newspapers, steamboats", as the poet wrote, are not yet at every turn...

Pavel Krasheninnikov: At first glance, it may seem that the changes in the Civil Code are only interesting for business, but this is not so! The new law actually completes the comprehensive improvement of the rules of inheritance law, which began in 2001.

Personal funds are an effective and already proven institution of property management. Their creation contributes to the stability of civil society, the preservation of jobs, the payment of taxes, since the business, in the event of the departure of the owner, is not left "without supervision", without management. In addition, this is another opportunity to dispose of your property in advance in the very extreme case.

Remind me briefly how inheritance law has been improved in our days?

Pavel Krasheninnikov: According to the Civil Code of the RSFSR, there were only 2 lines of heirs by law, that is, when there was no will, and since May 2001 their number has increased to 4: the first line is children (including adopted ones) , spouse and parents (adoptive parents) of the deceased, as well as the child of the deceased, born after his death; the second line - the brothers and sisters of the deceased, his grandfather and grandmother, both from the side of the father and from the side of the mother; third place - uncles and aunts of the testator; the fourth line - great-grandfathers and great-grandmothers of the deceased, both from the grandfather's side and from the grandmother's side. If the testator had no relatives, then the property passed to the state.

Since March 1, 2002, according to the Civil Code of the Russian Federation, there have already been 8 lines of heirs, depending on the degree of kinship. Since that time, judicial and notarial practice on inheritance issues has been developed.

This is another opportunity to dispose of your property in the very last resort

Taking it into account, a number of amendments were made to the Civil Code of the Russian Federation on the inheritance of escheated property, the circle of heirs in whose favor a renunciation of an inheritance could be waived was expanded, the amount of funds issued from the estate for funerals was increased to 100 thousand rubles, the rules on commo-orientations were clarified. make it possible to more accurately and fairly determine the circle of heirs of citizens who died on the same day, which happens, in particular, in incidents with the death of people.

Inheritance law developed at a time when families lived, as a rule, from the wedding of spouses and "until death do us part." But now life is different, there are disputes between spouses and children from different marriages...

Pavel Krasheninnikov: The Civil Code has expanded the possibilities for early disposal of property. Amendments were passed to provide for joint wills of spouses and inheritance contracts, they entered into force on June 1, 2019. This reduces the likelihood of family and business conflicts. Spouses can dispose of both joint property and individual property of each of them.

In the presence of such a will, it is not necessary to first divide the joint property, and then decide on the issue of inheritance and heirs. You can specify in advance to whom what property and in what sequence passes if one of the spouses died or if both died at the same time. As for the inheritance agreement, such an agreement can be concluded by a potential testator with any persons, including legal ones. It can indicate the conditions for obtaining property - for example, to support a relative until the end of his days or to finance a project. The advantage of the inheritance contract is that everyone agrees on everything in advance, while the potential testator remains the owner of the property during his lifetime.

There is a provision on hereditary funds in the Civil Code. How do they differ from new, personal ones?

Pavel Krasheninnikov: Amendments to the Civil Code of the Russian Federation, providing for the possibility of creating inheritance funds, came into force on September 1, 2018. The creation of such a fund occurs after the death of the founder, in order to register a legal entity as soon as possible - the notary is obliged to send an application for registration of the hereditary fund no later than 3 working days from the date of opening the inheritance case. This allows you to ensure the preservation of the business and its functioning without interruption.

That is, the difference between a personal fund for the disposal of hereditary property and a hereditary fund is that it can be created during the life of the owner of the property?Pavel Krasheninnikov: Exactly. The draft law on personal funds allows you to create a legal entity during your lifetime, regulate its business, and after the death of the founder, this person is transformed into a hereditary fund, which will work after the death of its founder.

The advantage of personal funds is that the founder can control the process of creating the fund himself and minimize the possible risks of its activities - unlike inheritance funds, which are created after the death of the founder. With regard to funds established by citizens and legal entities for charitable, cultural, educational or other socially useful purposes, they are called "Socially useful funds". All of them will exist as various organizational and legal forms of non-profit organizations.

A large inheritance often attracts dishonest people. Does the new law protect personal funds from dangers?

Pavel Krasheninnikov: Several important points can be noted. For example, the law prohibits "co-founding" and changing the founder of a personal foundation. This excludes the possibility of using the proposed design instead of the organizational and legal forms of corporate legal entities. Secondly, the law states that a personal fund can be established indefinitely or for a fixed period - as determined by the founder himself.

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