Цифровые права в гражданском кодексе: ближайшие последствия и отдаленные перспективы
The paper analyzes the theoretical and practical consequences of the entry into force of the new version of articles 128 and 141.1 of the Russian Federation Civil code, which supplemented the list of objects of civil rights with digital rights. The author generalizes and compares the points of view of domestic lawyers on the legal nature of cryptocurrencies and tokens, identifies the criteria for their separation from other known objects of civil rights, such as things, electronic money, uncertified securities and other types of objects. Separately, the information nature of digital rights, the admissibility of their attribution to one of the types of information is analyzed. Also analyzed possible conceptual approaches to solving the problems of legal regulation of the issue and economic turnover of cryptocurrencies and tokens are considered, including, with due regard to the experience of foreign laws, Russian and foreign judicial practices. The conceptual apparatus of civil and information legislation in terms of definitions of terms having information (digital) nature is compared.
The article also analyzes the basic concepts of Federal law No. 259-FZ "On attracting investments using investment platforms and on amendments to certain legislative acts of the Russian Federation", effective as of January 1, 2020 and the draft of Federal law "On digital financial assets", which is under consideration by the State Duma of the Federal Assembly of the Russian Federation.
Due to the informational nature of digital rights, this category is considered from the standpoint of harmonization of civil and information legislation, including in the context of assessing the exclusion of information from the list of objects of civil rights. In this regard, various scenarios of such harmonization are formed, their advantages and disadvantages are highlighted, and the thesis about the need for a systematic approach to the legal regulation of economic turnover of digital rights is substantiated. The concept of digital economic turnover as a special sphere of legal relations parallel to the usual economic turnover is analyzed.
The key properties of cyberspace as a unique sphere of digital rights economic turnover, which directly affects the content of the legal relations under consideration, are given. In this regard, the possible approaches to solving the problem of cross-border (transjurisdictional) cyberspace are analyzed, and the impact of the factor of cyberspace anonymity on the legal relations on the turnover of digital rights is assessed.
In conclusion, the article draws an analogy of the development of legal regulation of digital rights with the legal evolution of intellectual property objects, which at the dawn of their appearance were also among the known types of civil rights objects until it became obvious that they should be referred to the number of sui gene ris objects.