Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


For citation:

Konobeevskaya I. M. Digital Rights as a New Object of Civil Rights. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 3, pp. 330-334. DOI: 10.18500/1994-2540-2019-19-3-330-334

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Article
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347.2/.3

Digital Rights as a New Object of Civil Rights

Autors: 
Konobeevskaya Irina M., Saratov State University
Abstract: 

Introduction. The article analyzes the changes made to the Civil Code of the Russian Federation concerning introduction of a new object of the civil rights – the digital rights. Theoretical analysis. The category of the digital rights is designed to settle the relations arising from the use of cryptoassets, first of all, such as cryptocurrencies and tokens. At the same time, it is not directly specified in the accepted edition of the law, the definition of the digital rights used in the edition can potentially extend to a much wider range of objects. At the same time, cryptocurrencies and tokens are not essentially new objects of the rights. In fact, they represent entries in the decentralized register constructed with the use of blockchain technologies. They are neither property nor property rights, they represent a technologically new way of a record of property rights. Results. The author draws the conclusion that it is inaccurate to refer to the digital rights as the objects of civil rights. To regulate economic circulation, it would be sufficient to recognize the fact that property rights can be recorded in a digital form, including recording by means of entering records into the decentralized registers. Consolidation of similar provisions in the civil legislation would allow to apply all the civil tools necessary for the use and protection of cryptoassets.

Reference: 
  1. Civil Code of the Russian Federation (part 1) of 30.11.1994 no. 51-FZ (an edition of 18.03.2019). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1994, no. 32 (pt. 1), art. 3301 (in Russian).
  2. Draft federal law no. 424632-7 “About modifi cation of parts the fi rst, second and fourth Civil code of the Russian Federation” (the edition brought by the State Duma of the Federal Assembly of the Russian Federation, the text as of 26.03.2018). Available at: http://sozd.parlament.gov.ru/ (accessed 20 April 2019) (in Russian).
  3. The expert opinion under draft federal law no. 424632-7 “About modifi cation of parts the fi rst, second and third the Civil code of the Russian Federation” (it is accepted at a meeting of Russian President’s Council for Codifi cation and Enhancement of Civil Legislation 17.01.2019 no. 183-1/2019). ATP «Consultant» [electronic resource] (in Russian).
  4. Bukhonova L. R. Tendencies and Perspectives of Development of the Constitutional Right to Private Property in the Modern World. Actual Problems of Russian Law, 2016, no. 1, pp. 50–57 (in Russian). DOI:  https://doi.org/10.17803/1994-1471.2016.62.1.050-057
  5. Savelyev A. I. Legal Nature of Virtual Objects Purchased for Real Money in Multiplayer Online Games. Vestnik grazhdanskogo prava [Civil Law Review], 2014, vol. 14, no. 1, pp. 127–150 (in Russian).
  6. Sannikova L. V., Kharitonova Yu. S. Legal essence of new digital assets. Zakon [Law], 2018, no. 9, pp. 86–89 (in Russian).
  7. Andryushin S. A. Technology of the distributed registers in fi nancial to the sphere of Russia. Bankovskoe delo [Banking], 2018, no. 2, pp. 4–14 (in Russian).
  8. Belykh V. S., Egorova M. A. Cryptocurrency as means of payment: New approaches and legal regulation Vestnik Universiteta imeni O. Е. Kutafi na (MGYUA) [Courier of the Kutafi n Moscow State Law University (MSAL)], 2019, no. 2, pp. 140–147 (in Russian).
  9. Kasatkina V. V. Token and cryptocurrency: Their concept and interrelation of digital economy. In: Tsifrovye tekhnologii v ekonomicheskoi sfere: vozmozhnosti i perspektivy [Digital technologies in the economic sphere: Opportunities and prospects. Collection of sci. art.]. Tambov, 2017, pp. 22–25 (in Russian).
  10. Official response of the Government of the Russian Federation on the bill of regulation of the new objects of the property economic relations existing on the Internet. Available at: http://m.government.ru/all/32876/ (accessed 20 April 2019) (in Russian).
Received: 
08.06.2019
Accepted: 
22.07.2019