Inheritance of Digital Financial Assets: Current Problems and Development Prospects

Abstract

The subject of the study is the legal relations arising in connection with the turnover of digital financial assets in the context of determining the prospects for further improvement of their legal regime. The purpose of the study is to determine, on the basis of legislation, scientific materials and law enforcement practice, the range of legal problems arising in connection with and about the inheritance of digital financial assets, and to establish possible ways to overcome them. The methodological basis of the research is a set of methods of scientific cognition of objective legal reality, namely: the method of synthesis, the method of analysis, the method of induction and the method of deduction, as well as the comparative legal method. The scientific novelty lies in the absence of doctrinal studies on the inheritance of digital financial assets, along with the fact that the needs of the professional environment are already experiencing the need for a legal mechanism for the implementation of the rights of heirs to digital property. In the content of the scientific article, based on the analysis of the current legislation, a range of legal problems affecting the possibility of their application within the framework of hereditary legal relations is defined, in particular: the dualism of the material-binding nature of digital objects does not allow to determine the composition of the hereditary mass; the order of inheritance of such objects is not normatively defined. The study identifies the prospects for legislative regulation, ways to eliminate legal problems, including on the basis of the experience of foreign law and order. The conclusions and results of the study can be used as a basis for the development of methodological recommendations of the Federal Notary Chamber of the Russian Federation regarding the determination of the order of inheritance of digital property.