К вопросу об особенностях механизма реализации прав на цифровые валюты

Abstract

Relevance. This article discusses the current issues of the transformation of the mechanism for the implemen-tation of rights in relation to digital currencies. It is noted that the digital transformation of all spheres of public life makes it necessary to develop a more flexible concept of mechanisms for the implementation of rights, which differs depending on the object of their application. The purpose of the article is to identify the key features inherent in the mechanism of exercising rights in relation to digital currency. The objectives of the research are the analysis of the mechanism of realization of rights in relation to digital currency, as well as the disclosure of the main problematic issues related to the understanding of the essence and development of legal means that ensure the process of adapting legislative regulation to the features and properties of digital currency as a relatively new object of civil law. Methodology. The dialectical and comparative legal methods were used as the methodological basis of the study. The methods of analysis and synthesis allowed us to consider the aspects of the concept and content of the mechanism for the implementation of rights. The results of the study allowed us to draw certain conclusions regarding the features of the mechanism for the implementation of rights to digital currencies, including a different ratio of legal means and a special place in it of extra-legal elements. Conclusion. Based on the results of the study, conclusions were formulated regarding the need to develop a more flexible concept of legal mechanisms. The author's vision was proposed regarding the correlation of the constituent elements of the mechanism for the implementation of rights in relation to digital currencies as a result of the decline in the role and importance of the latter positive law, and the predominant role of public relations, acting as the main, rather than auxiliary, means within such a mechanism. It is noted that this mechanism is of a transitional nature, which leads to the discovery of contradictions between the classical legal concepts of "legal personality", freedom of will, the corre-spondence of the will to the expression of will, and those formalized requirements imposed by the system of distributed access to the actions of the subject.