О метаморфозах категориального аппарата и праве обладания цифровым финансовым активом и цифровой валютой

Abstract

The scientific article is devoted to two interrelated problems: the lack of unity of the categorical apparatus, as well as the emergence of a new right – the right to own a digital object. The analysis of the conceptual apparatus used by the legislator, in particular the concept of the node of the information system, allows us to assert that the terms not always used correctly reflect the essence of the legal phenomenon and correspond to the categorical apparatus already formed in the doctrine and legislation. In this case, the substitution of the concepts of the subject and the object of law is established, where the object of law is endowed with a set of duties. A study of legislation on digital financial assets and digital currency allowed us to conclude that a new right has been consolidated – the right to own a digital object. The right of possession is compared with other powers (the right of possession, the right of holding) and other rights having both an absolute and relative nature. It is proved that the right of possession is characterized by absolutely relative signs. Its content is a truncated right of ownership (without the element of actual possession); the rights of use and disposal. The object of the right of possession can only be intangible objects. It has been proven that a digital currency, like a digital financial asset, has a property right in its content.