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.

Draft Once; Deploy Everywhere? Contextualizing Digital Law and Brazil’s Marco Civil da Internet

2017 ◽  
Vol 19 (5) ◽  
pp. 431-447 ◽  
Author(s):  
Guy T. Hoskins
Keyword(s):  
Civil Rights ◽  
Recent History ◽  
The Internet ◽  
Digital Rights ◽  
Internet Policy ◽  
The World ◽  
History Of ◽  
Internet Law ◽  
Effective Transfer ◽  
Digital Law

On Congressional approval in 2014, Brazil’s charter of civil rights for the Internet, the Marco Civil da Internet, was widely acclaimed as a template for national Internet policy elsewhere in the world. This was the result of a phenomenon I dub “draft once; deploy everywhere,” a pervasive belief in the universality of Internet law. This presumption underpins multiple charters of Internet rights drafted by digital rights organizations and policymakers. By showing how the Marco Civil was bitterly contested by blocks of powerful actors, the role played by Brazil’s recent history of dictatorship as well as its status at the margins of the global digital economy, I problematize the Marco Civil’s status as a global blueprint. This matters because without proper contextualization, the effective transfer of Internet law across national jurisdictions will be harder to realize, and their democratic virtues will prove more elusive.

scholarly journals DIGITAL FINANCIAL ASSETS: CONFLICT CONTROL ISSUES

2019 ◽  
pp. 120-128 ◽  
Author(s):  
G. K. DMITRIEVA
Keyword(s):  
Information System ◽  
Civil Rights ◽  
The Internet ◽  
Financial Assets ◽  
Domain Name ◽  
Digital Rights ◽  
Intangible Benefits ◽  
Real Objects ◽  
The Russian Federation ◽  
Digital Assets

The paper deals with the problems of applying the conflict method of regulating relations connected with the introduction into the Russian Federation of digital assets that have become particularly relevant in recent times. A number of legislative initiatives aimed at regulating relations on the creation and / or exchange of digital financial assets are analyzed. The author defines digital rights — digital codes or designations that exist in the decentralized information system, they certify the rights of the holder of unique access to them to other («real») objects of civil rights, with the exception of intangible benefits. The author proposes to legislatively fix the rules that determine the location of an auction, competition or exchange location on the Internet by the location of the party organizing such an auction, competition or exchange. If that is not possible, the location is determined based on information on their location or location on the corresponding website, or by the domain name that provides the holding of such an auction, competition or access to an electronic exchange.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals Cywilnoprawne aspekty umów zawieranych pomiędzy organem administracji publicznej a organizacją pozarządową w celu realizacji zadań publicznych

2019 ◽  
pp. 53-78
Author(s):  
Danuta Biniasz-Celka
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Public Law ◽  
Public Authorities ◽  
Local Initiative ◽  
Competitive Tendering ◽  
Essential Question ◽  
Legal Nature ◽  
Classic Approach ◽  
Private Entity

The article focuses on selected aspects of collaboration between public authorities and public benefit organizations (PBOs). PBOs not only enable the development of active citizenship, but also contribute to the effective implementation of public tasks, thus helping the authorities in implementing their statutory duties. An out­come of the collaboration may be, among other things, an agreement to implement certain tasks, taking the form of, for example, the realization of a task or the support provided for its realization following competitive tendering and in justified cases without the tender, or performed within the framework of a local initiative. The main focus of the article is to determine the scope of the autonomy of the parties in the classic approach, keeping in mind that the autonomy is one of the main principles governing civil law. Parties in a civil law contract must be able to create autonomous relationships. Consequently, in order to fulfil its functions, civil law must be an open system which regulates typical situations in a non-authoritative manner. The essential question seems to be to what extent this attitude may be transposed to public law. Undoubtedly, an agreement as a form of an administrative activity will never have the same legal nature as an agreement concluded between private parties. An administrative body that applies private law forms of action does not become subject to the same rights as a private entity and, consequently, is not exempt from the obligation to comply with the fundamental constitutional principles and values that have been established with a view of protecting civil rights and freedoms.

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 The Concept and Civil Aspects of Cultural Activities in the Russian Federation

Legal Concept ◽  
2021 ◽  
pp. 110-115
Author(s):  
Maxim Sevostyanov
Keyword(s):  
Civil Rights ◽  
Cultural Values ◽  
Civil Law ◽  
Private Law ◽  
Cultural Activity ◽  
Cultural Activities ◽  
Cultural Rights ◽  
Legal Method ◽  
Legal Nature ◽  
The Subject

Introduction: cultural activities are important in the lives of people at all stages of human development without exception. At present, culture as the basis of the activity under consideration is the subject of research in many humanities and other sciences. However, this activity also has private law properties that are in many cases identical to the system elements of civil law. The purpose of the publication is to identify these properties that affect the legal nature of cultural activities. Methods: the research is based on the system method, civilized techniques and the methods of interpretation, the methods of analysis and synthesis, and the comparative legal method. Results: the paper substantiates the author’s view of cultural activity as a system of actions of the civil turnover participants aimed at creating, transforming, preserving, distributing and applying cultural values in the sphere of spiritual and material needs of a person. The studied activity is characterized by the subject elements of the civil law branch, which are manifested in the legal nature of the participants, the dynamics of ownership of the cultural objects, the contractual regulation of “cultural” relations, and the means of protecting cultural rights. Conclusions: in the course of the research, the author identifies the qualifying features of the cultural activity, united by the dynamics of cultural values in the context of improving the spiritual and material needs of people. The essence of civil law aspects inherent in cultural activities at the present stage of civil turnover development is determined and argued. The systemic nature of the fundamental, subject, object, real-law, contractual, intellectual, protective and other private-law aspects allows us to qualify cultural activities as a process of exercising civil rights.

scholarly journals RECOGNITION OF A CONTRACT AS NULL AND VOID AS A MEANS OF PROTECTING CIVIL RIGHTS

2020 ◽  
pp. 229-234
Author(s):  
Valeriya A. Goncharova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Nature ◽  
Different Levels

The article considers the problems of correlation of recognition of a contract as null and void as an independent means of protecting civil rights. It is noted that the reform of civil legislation in 2013–2015. Equally affected is the legal regulation of both of these methods, at the same time not resolving a number of problematic issues regarding their scope and grounds. The article concludes that, despite the attention to this issue in the literature, as well as the presence of certain conclusions of the highest judicial instances, the doctrine of civil law is not characterised by unity in the ratio of non-conclusion and invalidity of contracts. In the aspect of the issues raised in the article, an analysis is made of the understanding of the essential conditions, the coordination of which is necessary for the conclusion of the contract, as well as the approaches to the ratio of conclusion and reality existing in the doctrine of Russian civil law. Situations are considered when the requirement to declare the contract null and void and the requirement to declare the contract invalid are substantially close to each other by legal nature. The author’s approach to distinguishing between these methods of protection on the basis of their grounds is proposed, suggesting that the non-conclusion and invalidity of contracts are two different levels of their defects.

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

scholarly journals Concept and Content of Corporate Rights as an Object of Civil Law Regulations

2020 ◽  
pp. 182-189
Author(s):  
Kostiantyn LEONOV
Keyword(s):  
Civil Rights ◽  
Private Property ◽  
Civil Law ◽  
Integrated Approach ◽  
Business Organization ◽  
Business Law ◽  
Foreign Investors ◽  
Corporate Rights ◽  
Legal Nature ◽  
Definition Of

During the years of independence, entrepreneurship in Ukraine has undergone a significant evolution. The opening of domestic markets and stable economic growth contributed to the emergence of a significant number of foreign investors who became participants (shareholders) of domestic companies. Along with foreign investors in Ukraine, European approaches to business structuring, building a model of relations between partners, standards of corporate governance, ethics, etc. began to be applied. The development of corporate law was significantly influenced by Ukraine's recognition of private property and guaranteeing equality of all forms of ownership. In view of the above, the issue of essential content of corporate rights, in particular their role in civil law relations, becomes especially important. Assigning corporate rights to a certain type of objects of civil law and distinguishing the features of their turnover requires, first of all, determining the legal nature of corporate rights, identifying the characteristics and formulating their definition. The most common views on the legal nature of corporate relations are the approaches of civil doctrine, business law, as well as the so-called integrated approach. Thus, the definition of corporate relations is inextricably linked with the definition of the range of legal entities for which we can generally speak of the existence of corporate rights. In legal science, different views are expressed on this issue. Some scholars note that corporate rights can have only members of corporations, and the corporations, in turn, it should be considered only those companies in which the share capital is divided into shares, participants are entitled to part of the company's profits and to participate in its management. Taking into account the specific legal nature of corporate rights, the latter should be considered a special and independent object of civil law, characterized by its own, not inherent in any other object features. Ensuring proper civil circulation of such objects requires amendments to the current legislation, first of all, the recognition of them as the objects of civil rights. Undoubtedly, such changes should be comprehensive and aimed at improving the civil circulation of corporate rights between the parties to civil relations. Based on the above, it is proposed to introduce a legal definition of corporate rights, setting it out as follows: corporate rights are the object of civil law, which is a set of rights of a person whose share is determined in the authorized capital (property) of a business organization, a person in the management of a business organization, receiving a certain share of profits (dividends) of the organization and assets in the event of liquidation of the latter in accordance with the law, as well as other powers provided by law and statutory documents.

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