Субъекты права социальных сетей: к вопросу об определении правового статуса пользователей

Abstract

Relevance. The development of social networks makes it possible to transform established approaches to the conduct of entrepreneurial activity and to form new scientific and practical approaches to its legal regulation. At the same time, relations arising in social networks and requiring legislative regulation remain within the framework of self-regulation, which negatively affects their stability. To date, the legal status of subjects of law of social networks remains uncertain, especially with the emergence of "state social networks". Relevance of resolving issues related to legal status is predetermined by the specific functioning of social networks, registration of subjects in them, the problem of identification and the order of realization of rights and obligations. The article is a continuation of the author's research on atypical forms of legal relations that require legislative registration. The purpose of the article is to form a scientific approach to the definition of the legal status of the subjects of social networks. Objectives: to identify the range of subjects of law of social networks; to establish the grounds for the emergence of the legal status of the subject of social networking; to substantiate the content of the legal status of the subject of law of social networks. Methodology. The basis of methodology of the conducted research are the achievements of the general theory of law, private and public law science, allowing to systematize the available theoretical and empirical data on the legal status of the subjects of law of social networks, to build an appropriate concept. The results. In the course of the study, the special legal personality of the subjects of the law of social networks is substantiated. Conclusion. The subject composition of the law of social networks is complex. Identification of subjects in a social network is difficult, which endangers the proper protection of the rights and legitimate interests of others. The authors justify the need for independent legislative regulation of relations arising in social networks.