scholarly journals Innovative Digital Rights in Corporate Relations

2019 ◽  
Vol 8 (6) ◽  
pp. 5176-5179
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
Digital Economy ◽  
Economic Life ◽  
Financial Assets ◽  
Digital Rights ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Government

This article aims to consider a promising trend for developing the digital economy, i.e. innovative digital rights in corporate relations. The authors of the article have determined that innovative technologies are being introduced into the economic life of Russia and foreign countries but legal protection issues remain insufficiently settled. Since October 1, 2019, new provisions of the Civil Code of the Russian Federation will have come into force. According to these provisions, digital rights will become a new object of civil rights; citizens and corporate legal entities will receive additional guarantees that will allow them to more actively participate in the development of the future economy. The authors have concluded that the adoption of these innovations will contribute to the improvement of the Russian legislation on digital financial assets. They suggest that transaction methods via electronic and other technical means should be further elaborated. The authors emphasize the fact that the Government of the Russian Federation approved the program "Digital Economy of the Russian Federation" aimed at developing the digital economy. This program dwells on provisions of the Strategy of information society development in Russia for the years 2017-2030.

scholarly journals Digital currency: features of regulation in the Russian Federation

2021 ◽  
Vol 5 (1) ◽  
pp. 58-67
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Financial Assets ◽  
Digital Rights ◽  
Digital Currency ◽  
The Russian Federation ◽  
The Impact

The subject of research, relevance. The development of digital technologies has an impact on almost all areas of society, including the financial sphere. This is the reason for a serious controversy to develop recently and to continue both at the international and national levels in terms of approaches to their legal regulation. This discussion affects both public law and private law. The emergence of such a phenomenon as digital currencies raises the question of their legalization for legislators of various states. The answer to such a question cannot be found without studying the legal consequences of making such a decision for both individuals and the financial system of the state. The purpose. The article puts forward and substantiates a hypothesis that the choice of legal methods for regulating virtual assets is a matter of legal policy, and not just matter of research in the field of defining virtual assets as objects of law or type of property. As a result, when choosing methods of legal regulation of virtual (digital) assets, not only the impact of these legal entities on legal economic turnover (including such issues as the possibility of using excess generated electricity or taxation issues) should be assessed, but also the risk of stimulating illegal "economic" turnover (turnover of things and services in the Darknet, limited turnover of things, for example, drugs), as well as the impact on the financial system. The methodological basis. Various scientific methods of cognition were used to write the article, including system-structural, formal-logical, comparative-legal and dialectical. The research is based on the principles of interdependence and interconnectedness of social processes. The main results, scope of application. The article examines the main approaches to the regulation of digital currencies, studies the phenomenon of digital currency itself, assesses the circumstances that aroused massive interest and enthusiasm for cryptocurrencies. An analysis of current positive legal material is presented, in particular, the approach to the regulation of digital currency contained in the Russian Federal Law of July 31, 2020 No. 259- FZ "On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation". The main differences between digital currencies and such a legal phenomenon as digital rights (including utilitarian digital rights and digital financial assets) are noted. It is noted that in most Russian scientific works in the field of law devoted to digital currencies, attention is paid to the definition of digital currency as an object of civil rights, the foreign experience of attempts of legal regulation of cryptocurrency is considered, emphasis is placed on the positive aspects of the legalization of cryptocurrency for individuals, the risks of legalization of cryptocurrency for individuals, as well as the tasks of regulators in the digital economy are investigated. In addition, some scientific works are devoted to issues related to the digitalization of the economy and digital security. However, little attention is paid to the consequences of the legalization of digital currencies for the monetary system of the state and the potential risks for the stability of monetary systems. Conclusions. Interest in digital currencies may decrease in following situations. Firstly, if the services provided by payment systems are more efficient, reliable, affordable and cheap for the consumer. Secondly, during the implementation of the central bank digital currency project (in Russian case - the digital ruble), since digital currencies issued by central banks have the advantages of private digital currencies, but are devoid of their disadvantages.

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 Global risks of the government and society in digital economy

2021 ◽  
pp. 30-38
Author(s):  
Anna Aleksandrovna Bakulina
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
High Speed ◽  
Personal Data ◽  
Digital Economy ◽  
Digital Space ◽  
Telecommunications Infrastructure ◽  
The Russian Federation ◽  
The Government ◽  
Processing And Storage

This article explores the vulnerabilities of Russia in the digital environment, as well as such phenomena of modern digital economy as cryptocurrencies, blockchain, big data, artificial intelligence, and robotics. The question is raised on the risks that humanity faces in the digital space, which entail the implementation of the latest technologies in society. The author offers the ways for their minimization. The article covers the project “Digital Economy” developed by the Government of the Russian Federation, which is intended for creation of sustainable and secure information and telecommunications infrastructure for high-speed transmission, processing and storage of data bulk, accessible to all organizations and households. Analysis is conducted on the modern enterprise in the sphere of information and communication technologies and the concept on the protection against personal data theft. The crucial role of the IT specialists in digitalization is highlighted. The conclusion is made that in digital space, the major threat to national security is the hacker attacks aimed at the theft of personal data, intellectual property, etc. The author believes that the minimization of risks detected in the course of research requires providing technology opportunity for the Russian Federation to store the collected data locally, rather than abroad. The all-round government influence on the research and legislative sphere, legislative orientation towards stimulating the development of innovation technologies would ensure safe and effective integration of socioeconomic sphere into the digital space.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals The concept of a digital transformation of a traditional university to a “digital university”

E-Management ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 89-96 ◽  
Author(s):  
G. Kuzina
Keyword(s):  
Russian Federation ◽  
Online Courses ◽  
Digital Economy ◽  
Progressive Development ◽  
Digital Development ◽  
The Russian Federation ◽  
Development Communications ◽  
The Government ◽  
The Individual ◽  
The Military

One of the priorities of the government program “Digital economy of the Russian Federation” is the progressive development of the existing education system, which should provide the economy with competent personnel. In addition, this document declares the need to create a system of motivation for the development of the necessary competencies and participation of personnel in the development of the digital economy of Russia. All this requires the transformation of the classical educational system, which ultimately implies the creation of a “digital university”.According to the concept, proposed by the Agency for Strategic Initiatives together with Skolkovo University, the “digital university” will allow us to change the form and content of education in accordance with the requirements for new digital economy personnel. At the same time, the main emphasis should be placed on the individual trajectory of education, that is, collecting information not only according to the teacher’s assessment, but also collecting information in the student’s online course (what subjects the student was interested in, how he passed the intermediate tests, etc.). In addition, you need to create a specific set of services at the university. They should work in a similar way to the super services that are already being created in the Ministry of Digital Development, Communications and Mass Media of the Russian Federation for receiving public services online. So, the student will be able to get help and get registered in the military enlistment office in a single window mode, without having to go to the offices. In addition, changes are needed related to the content of education. So, along with the already developing segment of mass online courses, courses using AR and VR and virtual simulators should be introduced in universities. With the help of modern technologies, students will be able to learn the profession more effectively in practice.The article attempts to generalize the minimum set of necessary transformations of a classical university into a “digital” one and present their description.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

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 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 NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Ruslan B. Sitdikov ◽  
Ravil M. Sadykov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
Negative Consequences ◽  
Patent Holder ◽  
Self Defense ◽  
Patent Rights ◽  
The Russian Federation ◽  
State Registration ◽  
The Right

This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: software and hardware, introduction trade secrets, optimization of patenting and legal protection strategies as know-how. It is concluded that it is necessary to specify the provisions of Articles 1252 of the Civil Code of the Russian Federation and Articles 14.1. - 14.3. Federal Law on the Protection of Competition regarding the assessment of good faith / unfairness of the distribution by the patent holder of warnings about the alleged violation of his rights and apply the approach according to which: the patent holder has the right to protect his exclusive right, and also in case of threat of negative consequences from third parties, to disseminate information about the alleged , in his opinion, a violation of his rights, including against the alleged offender, as well as other persons, including buyers / p purchasers of goods, works, services of the patent holder or the alleged infringer, which in itself is not an act of unfair competition.

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.

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