Об’єкти цифрових технологій та їхнє правове регулювання

Abstract

Problem statement. With the further development of digital technologies, their introduction into public life will deepen. The process of implementing digital technologies in law is currently underway. Depending on the subject and method of its legal regulation, the law includes the specified social relations in the sphere of the corresponding legal regulation. Due to the novelty of relationships with digital objects, their wired regulation is under development. Currently, the scientific problem is the classification of digital objects. The legal nature of these objects needs to be clarified. The aim of the work is to identify trends in the legal regulation of digital technology. The tasks are: to find out the directions of development of legal doctrine on objects of digital technologies; to determine the directions and essence of legal regulation of digital technology objects (in particular, in private law). Research methods. The formal-logical method is used in the study of theories to determine the lens of digital technology. The dialectical method is used to define the lens of digital technology in the legal system: private law, public law. The system-structural method allowed to study the objects of digital technologies in the system of private law. The logic of the study is built from general ideas about the objects of digital technology in law to the individual features of such objects in private law. Results. It was found that there are the following approaches to the study of digital technologies: technocratic, complex law, special law. The special legal approach has the following directions: public law, private law and research of digital technologies as an object of intellectual property law. The peculiarities of legal terminology are analyzed, namely: „virtual assets”, „virtual goods”, „digital things”, „digital technology objects”. The word „virtual asset” is inherent in economic terminology. In private law, it is more correct to use the concept of „virtual good”. The concept of absolute rights is studied. Conclusions. The possibility of applying the concept of property rights to the legal regulation of digital technologies has been proved. Features of digital technology ownership have been identified. It is proposed to consider the de facto owner of a digital technology object as a person who has access rights to it. This access is through authentication and verification. That is, entering the login and password of the appropriate user. The application of classifications of contracts in civil law to digital technology objects is analyzed. In particular, for legal purposes: agreements on the transfer of ownership, rights of use, provision of services, performance of works. It has been found that these classifications can be applied to them, taking into account the characteristics of digital technology objects.