Approaches to the classification of personal non-property rights in conditions of digitalization

Abstract

The article carries out a systematic analysis of the classification of personal non-property rights in the conditions of digitalization. The differences between various concepts that can be found in both Ukrainian and European sources are analyzed, in particular «digital» and «digitization». The approach enshrined in the Cambridge Dictionary was studied. In addition, it was established that in European scientific articles, the term «digitalization» is used by researchers more broadly from the standpoint of «people's ability to use digital services.» In Ukraine, both terms - «digitization» and «digitalization» are also used in parallel. At the same time, this takes place primarily among scientists, some use the term «digitalization», other scientists use the term «digitalization». The analysis of the content of scientific publications showed that the terms «digitalization» and «digitalization» are used in the vast majority of cases for the same processes that occur under the influence of digital transformations and technological development.
 When clarifying the impact of digitalization on the classification of personal non-property rights, a thorough analysis of classical approaches was carried out. We agreed with some, and pointed out problematic aspects and inconsistencies with regard to others.
 It was found out how the process of recodification of the Central Committee of Ukraine will affect the classification of personal non-property rights, in particular, an agreed position was established regarding the need to preserve a pluralistic approach to the system of personal non-property rights, but with their «consolidation»,
 The classification of personal non-property rights was carried out according to the following main criteria: by the source of consolidation; by subject; by turnover; by its content.
 It is substantiated that changes in the classification of personal non-property rights are taking place in the conditions of digitalization, in particular, when dividing them according to content, we highlighted: general personal non­property rights of an individual; special personal non-property rights of an individual; personal non­property rights of individuals and legal entities, the specifics of whose content are determined by digitalization (in particular, it takes place as a transformation of classic rights, for example, the right to information, and also causes the emergence of new rights due to the development and consolidation of virtual reality and other technologies).