Institute of the right to a mandatory share in the inheritance

Article 35 of the Constitution of the Russian Federation establishes the guarantee of theright of inheritance. Russian legislation will distinguish two types of inheritance by law and by will. Inheritance by will consists in the fact that the testator makes a will or an inheritance contract.The article discusses some problematic issues that arise in the process of realizing the right to amandatory share in the inheritance. The content of the term «mandatory share» in inheritance law,its features, the circle of persons entitled to a mandatory share are disclosed.The methodological basis of the study was a set of general scientific standard methods, in particular:the method of synthesis, the method of logical analysis, the method of comparison, the method ofgeneralization, the method of large-scale comparison and comparison of norms and opinions analyzedin the study, as well as the method of expert evaluation. The right to a compulsory share can be attributedto the social principle in inheritance law. The essence of this institution is the protection of unprotectedand more vulnerable segments of the population. Since the mandatory share is a right, not an obligation,a person can refuse to accept it, and his share is distributed among the heirs according to the will.Results. The analysis of the Russian legislation in this area has shown that today there are significantshortcomings in the field of compulsory inheritance. Ways to solve these problems will be given in thearticle.Scientific novelty. The materials of this article can be used in doctrinal studies of the mandatoryshare in hereditary property