Digital rights in the civil legislation of Ukraine

Abstract

The article is devoted to the study of "digital rights" in the civil legislation of Ukraine. The purpose of the article is to analyze the current state of Ukrainian legislation, concepts of the development of provisions of national legislation in the field of "digital rights", scientific works of domestic and foreign scientists, international experience of implementing "digital rights" in certain countries of Europe and South America, providing practical recommendations for improving Ukrainian civil legislation in the above-mentioned topic. Attention is drawn to gaps in national legislation in the analyzed area. Examples of practical application of "digital rights" are given.
 The article analyzes the concept of "digital rights", the "Internet" network, the right to anonymity, and gives its own definition of the mentioned terms. It is summarized that the given terms need to be legislated. A list of "digital rights" that need to be codified has been determined: the right to free access to the Internet, the right to digital self-determination, the right to use electronic tools of democracy, the right to anonymity, and the right to be forgotten. The importance of the codification of the above-mentioned group is argued, and attention is focused on the advantages that Ukrainian society will have after the introduction of the specified rights into the national legislation. The practice of the European Court of Human Rights is analyzed. Statistical data showing an increase in the number of users of the digital space is taken into account as one of the reasons for the codification of the specific group of "digital rights". 
 As a conclusion, it was established that the current Ukrainian legislation, which regulates the highlighted issue, needs fundamental changes and improvement and the creation of a comprehensive approach to the settlement of the specified issue. A conclusion was also made about the possibility of introducing a defined list of "digital rights" into the updated Civil Code of Ukraine.