Digital Rights as Objects of Civil Rights in Russia

Abstract

Following a comprehensive study and analysis of theoretical provisions and private law regulation, the author identifies specific features of the definition of digital rights as an object of civil rights and assesses the emergence of the new concept of «digital rights» for domestic civil law in the legislation. Particular attention is given to the wording of the concept of digital rights contained in the Civil Code of the Russian Federation. The main problems that gave rise to numerous discussions in the science of civil law regarding the legal definition of digital rights are identified. Attention is drawn to the fact that, according to the current civil legislation of the Russian Federation, digital rights include only those that are directly named as such in the law. Following a systematic analysis of the current legislation and doctrinal provisions in the area under study, the author concludes that the transferability of digital rights is limited. The adopted federal laws on attracting investments using investment platforms and on digital financial assets are considered, utilitarian digital rights and digital rights that relate to digital financial assets are analyzed. Attention is also given to other problems that arise as a result of the modernization of civil law regulation of public relations in the field of digital rights, for example, regarding the contradictions in the terminology used by the legislator that give rise to numerous discussions (in particular, «information systems» when defining the category «digital rights»), and possible mechanisms to overcome them. The conclusion is made about the importance of the appearance in the domestic civil legislation of norms on digital rights, indicating the desire of the legislator to respond in a timely manner to the challenges of the transforming digital reality, which will serve as a necessary prerequisite for further regulation of civil law relations that are rapidly changing under its influence.