property rights

Digital Rights as a New Object of Civil Rights

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.