Civil Law Ways to Protect Digital Rights

2021 ◽  
pp. 637-643
Author(s):  
T. N. Kazankova ◽  
D. E. Marchenko ◽  
E. V. Glebova
Keyword(s):  
Civil Law ◽  
Digital Rights

ON THE PROCEDURAL IMPORTANCE OF INTRODUCTION DIGITAL RIGHTS INTO CIVIL LAW

2020 ◽  
Vol 10 (3) ◽  
pp. 198-210
Author(s):  
R.I. KHASANSHIN ◽  
M.A. VEKSHIN ◽  
A.V. BILALOV
Keyword(s):  
Civil Law ◽  
Digital Rights

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Legal regulation of digitalization processes in the Russian Federation: civil law aspect

2021 ◽  
pp. 51-62
Author(s):  
Anna Iurievna Iakovleva-Chernysheva ◽  
Anna Valentinovna Druzhinina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Financial Assets ◽  
Systematic Analysis ◽  
Digital Rights ◽  
Legal Science ◽  
Civil Discourse ◽  
The Russian Federation ◽  
Equity Securities

The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that  encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.

DIGITAL RIGHTS AS AN OBJECT OF CIVIL LAW

2021 ◽  
Author(s):  
Наталья Максимовна Шадрина
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Digital Rights

В статье рассматривается понятие «цифровое право». Определяется его специфика, сущность и значение в современном законодательстве с учётом объективно изменяющихся реалий настоящего времени. Аргументируется необходимость правовой регламентации наиболее проблемных вопросов относящихся к цифровым правам как объектам гражданского права. In this article the notion of “digital right” is regarded. Taking into account the changing reality, the specification, nature and meaning of the digital right in the actual legislation is defined. The argumentation of the necessity for the legal regulation of the most polemic questions concerning digital rights as objects of civil law is provided.

Application of Digital Technologies in the Activity of a Legal Entity: Theoretical Background

2020 ◽  
Vol 6 ◽  
pp. 52-59
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Civil Law ◽  
Digital Technologies ◽  
Theoretical Background ◽  
Economic Life ◽  
National Strategy ◽  
Legal Entity ◽  
Digital Rights ◽  
Legal Relationship ◽  
The Will

In accordance with the national strategy for the development of artificial intelligence for the period up to 2030, the article shows that the theory of a legal entity should be based on existing civil law and consider a legal entity as a convergent concept that reflects a real organization in the socio-economic life of society. The introduction of digital technologies in the activities of a legal entity as an organization is primarily expressed in its reflection in various state registers. By digitizing the legal entity is increasingly equipped with artificial intelligence, digital rights appear that exist only in the investment platform, not being the content of the legal relationship. Being property like non-cash monetary funds and non-documentary securities, digital rights are present in civil circulation without the participation of a person, by expressing the will of their holder using the technical means of the investment platform. Speaking about the introduction of information technology in the judicial activity, it should be borne in mind the need to develop the necessary standard decisions on the simplest cases, taken, however, directly by the court.

scholarly journals Digital rights under the civil law of the Russian Federation

2021 ◽  
Vol 109 ◽  
pp. 01024
Author(s):  
Armine Mograbyan
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Financial Assets ◽  
Digital Rights ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of ◽  
Positive Nature

The article discusses a new object of civil rights, which appeared as a result of the addition of the Civil Code of the Russian Federation with article 141.1 “Digital rights”. The features of the definition of digital rights in Russian civil law are revealed. Particular attention is paid to the formulation of the concept of digital rights contained in the Civil Code of the Russian Federation. The author draws attention to the fact that according to Russian civil law, digital rights include only those that are directly named as such in the law, which indicates a legislative limitation of their turnover. In addition, the adopted laws on crowdfunding and digital financial assets were reviewed, as well as utilitarian digital rights and digital rights that relate to digital financial assets were analyzed. Attention is also drawn to other problems raised in the science of civil law regarding the modernization of Russian civil legislation in the field of digital rights. The author emphasizes the positive nature of the appearance in the Russian law of norms on digital rights, as an indicator of a legislative response to the digitalization of the economy and law, and a necessary prerequisite for further regulation of civil law relations changing under its influence.

scholarly journals TOKEN AS A NEW CIVIL RIGHTS OBJECT: ISSUES OF LEGAL CLASSIFICATION OF DIGITAL LAW

2019 ◽  
pp. 111-119 ◽  
Author(s):  
L. Y. VASILEVSKAYA
Keyword(s):  
Information System ◽  
Civil Rights ◽  
Civil Law ◽  
Property Value ◽  
Digital Rights ◽  
Legal Nature ◽  
Digital Transactions ◽  
Digital Equivalent ◽  
System 1 ◽  
Digital Law

The paper is devoted to the study of the new object of civil rights — the token (digital law). The question of the legal nature, civil law regime of digital rights is explored. The norms of the law on the concept and content of digital rights are analyzed. Consideration of a token as a digital method of fixing property rights makes it possible to consider it as a certain property value, the legal regime of which is similar to the «valuable rights» (Wertrechte) distinguished in the European continental law of the German type. It is concluded that the token performs several functions in the information system: 1) recognition of the authorized person; 2) a digital unit of the price of the share of a person’s participation in a business project, in construction investment; 3) a digital unit of the asset balance of the property of a legal entity; 4) digital equivalent of non-documentary securities; 5) the fulfillment of monetary obligations in digital form; 6) digital means of payment. Existing in the form of a digital entry in the register on the blockchain platform and performing various functions, the token as a fairly flexible digital (primarily financial) tool allows digital civilian turnover participants to perform digital «transactions» in cyberspace. The question of the possibility of qualifying the actions of users of the information system for making tokens as civil law transactions is analyzed.

scholarly journals Digitized Rights as an Electronic and Virtual Fiction for the Legal Support for the Turnover of Subjective Claims

Legal Concept ◽  
2021 ◽  
pp. 159-163
Author(s):  
Vitaly Sadkov
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Comparative Law ◽  
Financial Assets ◽  
Methodological Framework ◽  
Digital Form ◽  
Digital Rights ◽  
Digital Currency ◽  
Legal Nature ◽  
Legal Mechanism

Introduction: the paper examines the legal nature of such new categories as “digital rights”, “utilitarian digital rights”, “digital financial assets” and “digital currency”. The correlation of these phenomena with each other is clarified from the standpoint of modern civil turnover. The purpose of the study is to analyze the legally significant features of the above phenomena. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are analysis, synthesis, generalization and comparative law. Results: the author’s position justified in the work is based on the legislation and the opinions of the competent scientists on the issues of clarifying the legal essence of the above-mentioned categories from the standpoint of civil law. Conclusions: the author suggests considering “digital rights”, “utilitarian digital rights”, “digital financial assets” not only from the standpoint of objects of civil rights, but also from the standpoint of the original digital form of fixing property rights. It is proposed to introduce the category “digitized rights” into the legal lexicon as a kind of fiction used to ensure the operability of the legal mechanism that mediates the turnover of subjective claims in the electronic and virtual environment.

scholarly journals ANALYSIS OF THE NOTION “CIVIL LAW CULTURE”

2020 ◽  
pp. 100-109
Author(s):  
I.V. Basharin ◽  
Keyword(s):  
Civil Law ◽  
Educational Institutions ◽  
Digital Citizenship ◽  
Digital Rights ◽  
Cultural Paradigms ◽  
Basic Characteristics ◽  
Main Components ◽  
The Given

Formation of the students’ “civil law culture” is one of the main tasks that are being solved by vocational educational institutions. To solve this task is necessary to understand the essence of this notion, its main components. The author conducts the analysis of the notions “civil law culture”, “law culture” from various scientific angles, the basic characteristics of the given notions are outlined in this respect. The change of cultural paradigms connected with the general digitalization has led to the introduction of the new notions such as “digital citizenship”, “digital rights and duties”. It should be taken into account in forming “civil law culture” of the graduates of secondary vocational educational institutions.

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