Осуществление и защита гражданских прав в условиях цифровой трансформации отношений

Abstract

Socio-economic changes caused by digitalization naturally require the adaptation of existing mechanisms for the implementation and protection of civil rights to new digital realities. Current problems in the field of the implementation and protection of civil rights are combined into two large-scale blocks. Firstly, these are modern problems of classical institutions of civil law, and secondly, these are problems related to the formation of fundamentally new institutions of civil law, the digitalization of civil turnover. In this regard, the main conceptual approaches to the development of civil law at the present stage include: the revision of traditional institutions of civil law, the introduction of relations with digital objects and technologies into existing civil law institutions, situational civil law regulation, the formation of independent legal regimes. Modern problems of civil law concern the main legal regimes – property, obligation, inheritance, corporate law, as well as intellectual property rights. The most obvious problems are the definition and correlation of new concepts that are similar in essence: digital property, digital objects, digital property, digital assets, digital financial assets, digital currency, digital law. The identification of the legal essence of these phenomena will allow the formation of new legal regimes and correlate them with the legal regimes of property, liability, corporate law, and intellectual property rights. As a result of digitalization, there is a gradual transformation of traditional institutions of civil law. The so-called machine-readable law is being formed. One of the ways to modernize legislation is the enrichment of new concepts and categories, the lacunary introduction of individual norms or entire regulatory systems that have a different nature of impact on public relations related to digital objects and the digital form of the exercise of rights and duties. The protection of property and non-property rights is becoming one of the few most effective levers of state influence on participants in relations emerging in the innovation sphere. The protection of rights must be made directly dependent on the legitimacy of the actions of the participants in the relations in the information and telecommunications system. It is necessary to legislate a rule according to which any actions circumventing the law, regardless of whether or not the subject's goal was to circumvent the law, should be qualified as an abuse of the right, entailing the loss of the right to protection. To solve problems in the field of the exercise and protection of civil rights, it is necessary to create a multi-system approach to regulating relations: along with the traditional system of law (dividing law into branches, institutions and norms), a special machine-readable law based on digital algorithm technology and program code should be formed.