Правоприменение (Mar 2022)
The institution of digital rights in Russian civil law
Abstract
The subject of the study is the institution of digital rights, which has recently been enshrined in Russian legislation. This topic is relevant since the definition of digital rights causes numerous discussions and disputes. Practice on this issue has not yet developed, and there are conflicts in the current legislation. The purpose of the article is to consider the scope of digital rights and define the category "digital rights", given that there is a deep difference between its broad and narrow definitions. The following tasks have been solved to achieve this goal: (1) to consider the regulatory framework governing digital rights; (2) to analyze the main approaches to the definition of digital rights; (3) to study various definitions of digital objects; (4) to highlight the main characteristics of digital objects; (5) to propose original definitions of "digital rights" and "digital objects".Methodology. The authors use the general scientific dialectical method, as well as formallegal, system-structural, formal-logical methods and methods of cognition. The synergetic method is used to clarify the main features of digital rights. It allows isolating new rules and reality from the creative potential of chaos.The main results and the scope of the study. Considering law as a variable phenomenon, it has been proved that it is constantly changing. Analysis allows the authors to conclude that digital rights are an independent special type of rights that arise only in relation to digital objects created in digital form. The features of digital rights include: digital format, occurrence only in the cyber-physical space, consolidation in the form of software algorithms, the accounting system is carried out without an intermediary, the owner’s digital rights are realized with access to the Internet and a key in the form of login.The main qualitative characteristics of digital objects include the following: digital objects are not material; in some cases, they cannot be materialized and there is no need for that; digital objects are created using modern high-tech systems; it is possible to make transactions with digital objects only in the cyber-physical space; the right of inheritance for some digital objects is limited to inheritance by will due to the peculiarities of ownership of these objects; digital objects can be disposed of without the participation of third parties and intermediaries; transactions with digital assets are confidential.Conclusions. Based on the study results, original definitions of "digital rights" and "digital objects" have been proposed. Digital right is a digital algorithm that enshrines the powers of individuals and legal entities to own, use, and alienate digital objects of civil rights in hightech systems, given that technical means provide the owner with the opportunity to exercise their powers. Digital objects represent an independent legal category, which is a cryptographic code that gives the owner the right to perform any actions with it - to own, dispose of, alienate, make transactions, and other actions not prohibited by law. Legislative amendments to the current Russian legislation are developed.
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