Digital Rights in Modern Conditions: System Analysis

Abstract

The article attempts to systematically analyze the category of “digital rights”, which has become a novelty since 2019 and 2020 in Russian legislation. Since the basis for updating relations in society, including those regulated by the rules of law, is being built through new digital technologies, a timely analysis of both the technologies themselves and the features of the legal regulation of relations arising on their basis, as well as the digital civil circulation itself, is of undoubted interest for a wide circle of researchers. The authors considered some problems of the use of digital rights in circulation, associated not only with gaps in the legislation, but also with problems in law enforcement. The article discusses the meaning and main trends in the development of digital law, analyzes the main approaches to defining the concept of digital law. The fixed legal definition of digital rights does not allow to unambiguously determine its content. This is largely due to the fact that the legal definition of digital rights is abstract, refers to the rules of law, which are either not yet adopted or regulate a narrow range of social relations. This fact has a fairly simple explanation: digital rights and the market for digital assets arose and formed quite dynamically, and the legal regulation of this area was carried out after the start of its actual functioning. In modern legislative practice, there is no uniformity in the terminology of relations in the field of digital law, and indeed the very nature of digital rights, and in this regard, it is of particular relevance to consider the possibility of using different terms: from digital currency to digital rights. The authors consider the fact of using the experience of legal regulation of a number of foreign states in this area as an unconditionally positive fact.