Digital Rights and Digital Objects: Features of Control and Regulation

Elena Anatolyevna Kirillova, Varvara Vladimirovna Bogdan, Aleksandr Nikolaevich Surkov, Anton Borisovich Baumshteyn and Valeriy Evgen'yevich Novichkov

This article has discussed digital rights and digital objects as new categories of civil law. Modern telecommunication technologies show a significant advance in the scientific and technological revolution of the rule-making processes, which ensures the legal regulation of emerging social relations. The legal nature of modern objects of law and their classification are among the pressing issues. Traditional doctrinal approaches on the subject no longer met the needs of the time. The research has been aimed at determining the legal status of digital rights and digital objects (digital assets), taking into account the development of the Internet. When writing the present article, the authors used the methods of collecting and studying singularities; generalizations; methods of scientific abstraction; methods of cognition of laws, as well as the method of objectivity, concreteness, and pluralism. The article identifies the main features of digital objects, provides the species classification of digital objects, and concludes that it is necessary to formulate the definition of "digital objects" and "digital rights" which will be used in international legal instruments. Digital rights should include the subjective rights of participants in civil legal relations in the global Internet related to the possession, use, and disposal of digital objects (property in electronic form that has been created by using cryptographic tools, the ownership of which is certified by making any legally significant digital records in the ledger of digital transactions), as well as with the material requirements that arise in the course of the turnover of digital assets having monetary value. At the same time, the implementation, disposal, including transfer, pledge, encumbrance of digital rights in other ways, or limiting the disposal of digital rights are possible only in the information environment.

Volume 11 | 10-Special Issue

Pages: 567-573

DOI: 10.5373/JARDCS/V11SP10/20192843