On the inheritance of land lots included within the limitsof gardening associations and acquired by the right of permanent (termless) use
Objective. The article aims to develop a theoretical understanding of opposite approaches to the inheritance of land lots included within the limits of gardening associations and acquired by the right of permanent (termless) use. Methodology. Research methodology involves the application of general scientific methods (dialectic and heuristic methods, systematic analysis) and special methods of scientific cognition (comparative legal and formal legal methods). Results. Taking into consideration the decision made by the court, according to which heirs have priority in becoming members of a horticultural association, as well as the priority of the norms of the Civil Code of the Russian Federation, enshrining the principles of inheritance, over the special norms of Russia’s land legislation concerning land lots acquired by the right of permanent (termless) use, the author points out the possibility of including such land lots in the mass of the succession and proposes to amend the legislation on gardening associations with a view to creating a guaranteed mechanism for transformation of the right of permanent (termless) use into the right of ownership. Conclusion. It is necessary to amend the law on horticultural, gardening and dacha non-commercial associations of citizens in order to ensure holding a general meeting within a certain timeframe at which it will be decided if the heirs will join the non-commercial association or not, the approval being mandatory if the heirs meet all the requirements set for all other people who want to join the association.