Judicial practice in matters of inheritance law shows that when considering inheritance cases in courts, not only substantive legal norms arise, but also some difficulties arise in the application of procedural legal norms^[1]. Thus, in recent years, changes have been made to the section of the Code of the Republic of Uzbekistan on inheritance, which cause a number of problems in the application of these norms by the courts. Modern scientific literature shows that the development of procedural law of inheritance proceedings should take into account the peculiarities of procedural forms, as well as the use of procedural and substantive legal norms without errors. Protection of substantive and procedural rights and interests of citizens and legal entities is one of the important tasks^[2].

Currently, the legislation of the Republic of Uzbekistan provides various mechanisms for protecting the rights and legitimate interests of participants in civil relations, including in the field of inheritance. The court plays a significant role in inheritance relations, ensuring the protection of violated or disputed rights and interests of the participants in these relations. Despite the stability of the institutions of inheritance law, in practice various disputes and issues arise that require resolution in court. As a rule, disputes between heirs are litigious in nature. In practice, disagreements often arise between subjects of inheritance law regarding the scope and content of their mutual rights and obligations^[3]. For example, persons claiming inheritance may not agree with the distribution of inherited property or with the formation of a circle of heirs. Heirs may also challenge the will, other circumstances in the case, the notary may refuse to certify the will, etc. In cases where conflicts and contradictions arise that do not fall within the competence of notaries, affecting the material rights of the participants in the relationship, interested parties are left with no other option; they go to court to protect their rights with an appropriate claim^[4]. In addition, inheritance cases may require the identification of a number of undeniable facts and other significant circumstances for which a judicial determination procedure is provided, such as establishing the fact of death of a citizen or relationship, or declaring a citizen deceased. It is important to conduct a theoretical and practical study of the problems associated with the consideration of inheritance cases, analyze their compliance with the procedural legislation of other countries, determine their positive aspects and implement the positive aspects in national legislation^[5].

An analysis of judicial practice in matters of inheritance law shows that due to a lack of knowledge about the current legal requirements, such problems arise. As a result, the heirs do not seek to recognize each other’s rights^[6].

Therefore, inheritance cases make up a significant part of judicial practice. Thus, according to data for 9 months of 2018, the total number of cases related to inheritance considered by courts throughout the Republic was 1234. Of these, 715 cases were satisfied, 215 were rejected, 171 were terminated, 133 cases were completed by settlement agreements between the parties. Statistics show that 10% of inheritance cases were resolved through a settlement agreement. Our opinion is that it is necessary to pay special attention to solving the problem of creating settlement agreements in inheritance cases. Because creating a settlement agreement is a way to resolve conflicts, especially between close relatives. In addition, in 2022, 568 civil cases related to inheritance were considered. This means that compared to 2021 (442 cases), in 2022 this category of cases increased by 126 cases. These statistics show us that inheritance disputes have become more frequent and subjects of civil law relations have begun to turn more often to civil courts specifically for this category of cases^[7].

Cases related to inheritance are subject to consideration in court in accordance with the general provisions of the Civil Procedure Code of the Republic of Uzbekistan. According to Article 207 of the Code of Civil Procedure, inheritance cases must be considered in court within one month from the date of preparation for the case. In complex cases, the court may extend this period to two months. Thus, inheritance cases can take up to two months to resolve in court.

The main features of the consideration of inheritance cases in the courts of Uzbekistan include:

1. Mandatory application of heirs to a notary office to register a will or inheritance according to the law ^[8].
2. Judicial consideration of an inheritance case, including establishing the presence of heirs and the size of the inherited property^[9].
3. Making a decision on recognizing heirs and distributing property between them ^[10].
4. Consideration of disputes between heirs or other interested parties, including disputes about the right of inheritance, challenging a will or the actions of a property manager ^[11].

These features are aimed at protecting the rights of heirs and ensuring a fair and legal decision in inheritance cases in the civil courts of Uzbekistan.

For example, after the father and mother of 5 brothers and sisters died, they began to argue over the division of property. It was suggested that family relations should be preserved without compromise. Having received their consent to this proposal, a settlement agreement was signed. This is a smart decision for siblings^[12]. They subsequently agreed to sign a settlement agreement. Thus, the inheritance dispute between the parties ended. As can be seen from the example given from the above judicial practice, the resolution of cases by the court or the resolution of disputes in court would be advisable if the institution of mediation were used more widely. Since on January 1, 2019, the Law “On Mediation” of the Republic of Uzbekistan came into force. According to Article 4 of this law, mediation is the voluntary consent of the parties to achieve a mutually acceptable solution on the basis of which is a method of settlement with the help of a mediator. In inheritance cases, the wider use of mediation will reduce the burden on judges and develop alternative methods for resolving civil disputes in court.

If we talk about the features of judicial consideration of inheritance cases, one of them is the presence of procedural succession. If a participant in the case dies during the trial, the process is terminated before the decision on the issue of inheritance comes into force^[13]. The process resumes after the succession decision has entered into force.

Also, a characteristic feature of the consideration of inheritance cases in court is the mandatory participation of all heirs related to the case. In inheritance lawsuits, all heirs must participate in order to properly resolve the case. Joint participation is considered an essential condition^[14].

Another procedural aspect of the consideration of inheritance cases in court is their consideration in court and in a separate manner. In a separate manner, the court draws attention to the features established by Article 295 of the Civil Procedure Code of the Republic of Uzbekistan. This article determines that facts related to inheritance, such as acceptance of the inheritance, place of opening of the inheritance, family relationships and the presence of minors in the family, must be established in a separate judicial process^[15]. These facts are important for determining the legal status of citizens and organizations in inheritance relations. The court must be guided by the provisions of Section 28 of the Civil Procedure Code of the Republic of Uzbekistan when considering such cases, since they cannot be considered without the participation of the parties to the trial in accordance with Article 122 of this code.

Thus, it is necessary to clearly define the absence of children in court when establishing facts related to inheritance. If the fact of the existence of property in the inheritance that is owned by an heir who continues to live for at least a year after the death of the testator is confirmed by documents, then these heirs, together with the other participants in the inheritance, have the right to inherit^[16].

In cases where there is no convincing evidence of acceptance of the inheritance and receipt of inherited property, and when notarial practice refuses to issue a certificate of inheritance, the decision on acceptance of the inheritance and the place of opening of the inheritance should be based on Article 295 part 9 of the Civil Procedure Code of the Republic of Uzbekistan.

In accordance with Article 1151 of the Civil Code of the Republic of Uzbekistan, division of the inheritance is possible if the heir is incapacitated or has not yet been born. If the heir is in a state of incapacity but has not yet been born, the remaining heirs are entitled to a share of the inheritance corresponding to the share that would have been granted to the born heir if he were alive. To protect the interests of heirs related to inherited property, it is important to provide representatives of their interests in the form of an authorized and agent for the management of rights and interests^[17].

When considering inheritance cases in court, one of the important aspects is establishing the presence or absence of incapacity of the heir. In this context, it is noted that the court should require the participation of heirs related to inheritance problems and the redistribution of inheritance as a result of a court decision.

It is necessary to take into account the importance of deadlines and limitation periods in the field of inheritance law, both in practical and theoretical aspects. These elements cover all aspects of inheritance law and are the basis for the emergence, change and termination of inheritance rights and obligations^[18]. Thus, deadlines and limitation periods are separate legal facts, which are also a condition for the exercise of rights and fulfillment of obligations of participants in inheritance relations.

Based on an analysis of laws in the CIS countries, a research method is used to study practices and laws aimed at creating more favorable conditions for the exercise of civil rights of inheritance. The main attention is paid to the timing of acceptance of the inheritance, since disputes in inheritance relations are often related to time. As is known, the heir acquires the right to the inheritance or its part from the moment the inheritance is opened, provided that he does not renounce this right, does not lose the opportunity to inherit, or is not deprived of this right due to the invalidity of the testamentary document appointing him as heir^[19]. Acceptance of the inheritance is confirmed by a certificate of inheritance issued by a notary at the place of opening of the inheritance at the request of the heir. The notary, of course, plays the role of protecting rights, but in practice, cases of hiding heirs or unlawful law enforcement practices often arise.

According to the Civil Code of the Republic of Kazakhstan, a deadline has been established for accepting an inheritance: “An inheritance can be accepted within six months from the date of opening of the inheritance ^[20].  The results of an analysis of judicial practice in the field of inheritance cases show that sometimes heirs do not contact a notary within the six-month period established by law to accept an inheritance or obtain a certificate of the right to inheritance in accordance with the law or a will.

In such cases, they often turn to notaries after the expiration of the statutory period, and the latter, without explaining key issues about the actual acceptance of the inheritance, provide the heirs with information about the possibility of filing a claim in court to restore the deadline for accepting the inheritance.

Thus, the number of cases coming to court increases. This may result in delays and additional costs for all parties, including heirs^[21]. Therefore, it is important to comply with the deadlines established by law and promptly contact a notary to accept an inheritance or issue a certificate of inheritance^[22]. If deadlines are missed, you may need to go to court to restore the deadline. However, this can be a long and complex process that can lead to additional costs and uncertainty.

Therefore, it is recommended to be attentive to the deadlines and limitation periods in inheritance law in order to avoid such problems. The participation of a notary in inheritance litigation implies a certain responsibility, where he acts as a defendant and faces specific legal consequences^[23]. In paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 5 dated June 20, 2011 “On the application by courts of legislation on the right of inheritance” it is noted that obtaining a certificate of the right to inheritance is the right of the heir, and not an obligation, and the law does not establish a period within which the heir must apply for the issuance of a certificate^[24]. To prevent a protracted process of accepting an inheritance and restore the deadline for its acceptance, it is recommended to review this resolution. Taking into account the uniform practice in inheritance cases in the Republic of Uzbekistan, it is proposed to establish a deadline for accepting an inheritance.

According to Article 1151 of the Civil Code of the Republic of Uzbekistan, children who have not yet been born, but will be born after the death of the testator, are considered the first heirs. However, the provisions of the Civil Code regarding the inheritance of children born from artificial insemination are not currently regulated. Thus, to eliminate such problems, it is necessary to propose changes to Article 1151 of the Civil Code of the Republic of Uzbekistan in order to clarify and improve the procedures for regulating issues related to the inheritance of children born after the death of the testator.

            Thus, these changes can be included in Article 1151 of the Civil Code of the Republic of Uzbekistan to more accurately define and improve inheritance procedures for children born after the death of the testator.

            There is a need to strengthen the qualifications of judges in the field of inheritance law. It is necessary to use the experience of foreign countries, such as France, in organizing the work of judges specialized in the field of inheritance law in order to ensure a higher level of competence and efficiency of court decisions. It is also proposed to introduce the practice of mandatory consideration in court of certain categories of inheritance cases and take into account the consequences of refusal to consider requests and rejection of applications for acceptance of inheritance.

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