Object Of Civil Rights Research Articles

Problems of Legality and Permissibility of Using Cryptocurrencies in Making Payments in the Russian Federation

The publication touches on one of the aspects of the integration of cryptocurrencies, as a special object of civil rights, into the national legal and financial systems. Based on the specifics of the “cryptocurrency” category itself, the author distinguishes the legal turnover of cryptocurrency and foreign currency at the present stage, identifies problems that prevent the full integration of digital assets into the financial structure of the state, with the prospect of free circulation, analyzes the state of modern legislative regulation, as well as the possibility of implementing its own cryptocurrency settlement system in the country. The prospects for the development and possible improvement of the legislative framework in this dynamic and relevant area are assessed. Based on the conducted research, the article substantiates that Russian law in the field of regulating settlements using cryptocurrency follows the model of domestic legislation on currency regulation.

Цифровые финансовые активы как технология фиксации имущественных требований и обмена данными о них

The authors explore the phenomenon of digital financial assets from the perspective of innovative investment technology. The dualism of legislative provisions interpreting the legal nature of these assets is criticized. The conclusion is substantiated that digital financial assets do not belong to objects of civil rights previously unknown to the Russian legal system, but represent property rights that are individualized in circulation by unique information codes. Being negotiable investment assets, they have a commodity-value nature; data on their ownership and transfer of rights to them are transmitted via Internet communications. Through digital financial assets, information technology has been implemented to record the property claims of participants in civil turnover and exchange data about them; they can submit mandatory requirements that are not legally prohibited from alienating them within the framework of assignable structures. Due to this innovative technology, participants in civil turnover receive the legal equivalent of a certain mandatory requirement in digital form, including a requirement fixed in equity securities, a requirement to transfer such securities, as well as corporate rights determined by participation in the capital of a non-public joint-stock company. The use of digital financial assets provides an opportunity for individuals and legal entities to build investment relationships with minimal intermediary participation, conduct financial transactions in a transparent manner, increase investment profitability, and simplify the search for counterparties.

ГРАЖДАНСКО-ПРАВОВЫЕ СПОСОБЫ ПРОТИВОДЕЙСТВИЯ ЛЕГАЛИЗАЦИИ (ОТМЫВАНИЮ) ДОХОДОВ, ПОЛУЧЕННЫХ ПРЕСТУПНЫМ ПУТЕМ

This article discusses issues related to civil law methods of legalization (laundering) of proceeds from crime and methods of countering them using civil law mechanisms. The article gives the concept and classification of civil law methods of combating the legalization (laundering) of proceeds from crime. The means of a preventive nature that make it difficult or exclude the achievement of the civil law effect of legalization of criminal proceeds, as well as means that neutralize the civil law consequences of laundering proceeds from crime, are considered. In addition, the article discusses the civil legal basis for the seizure of objects constituting income received from criminal activity. The author examined the issues of correlation between civil and criminal legislation in terms of determining the moment when transactions whose purpose is the legalization of criminal proceeds can be recognized as valid. The article examines the mechanism of invalidity of a transaction, as well as issues of recognizing a transaction as invalid and its place in the mechanism of countering the legalization of objects of civil rights. The article discusses the application of measures to compensate for damage in the event of a transaction being declared invalid, as well as issues related to the use of confiscation as part of penalties for invalid transactions.

Обеспечение антитеррористической защищенности как мера противодействия терроризму

This article discusses the topic of ensuring anti-terrorism security as a measure to counter terrorism. Var-ious types of security are traditionally the subject of research in political science and public law sciences. The article examines the social relations that arise in the sphere of ensuring the national security of Russia. The purpose of the work was to establish the specifics of the impact of private legal means in ensuring security. Citizens and organizations, with their own efforts and means, ensure the protection of objects of civil rights – life, health, property. This activity differs from the implementation of the functions of law enforcement agencies not only by the impossibility of using coercive (public law) measures of influence, but also by more “narrow” objects of protection. A way for non-governmental organizations and individuals to participate in ensuring national security in general and anti-terrorism protection in particular is the use of private legal means to protect the relevant objects of civil rights. However, the means provided for by law have not been properly researched and have significant shortcomings in legal regulation. The author's new view on the problems of ensuring national security can provide the basis for conducting other private law and complex studies.

INFORMATION SPHERE OF A COMMERCIAL ENTERPRISE IN THE LIGHT OF THE INFORMATION SECURITY DOCTRINE OF THE RUSSIAN FEDERATION OF 2016

The purpose of the research. The article considers the admissibility of the category of information sphere in relation to the subject of economic activity from the point of view of the information security doctrine of the Russian Federation. The substantiation of the prospect of forming the information sphere of an economic entity as a single object that unites its elements connected with a single purpose is presented. The purpose of the study is to substantiate the need and admissibility of considering the information sphere of a business entity as a construct that allows the owner of information to increase the protection of its rights. Results. The author concludes that the category of information sphere, if sufficiently elaborated, can be eventually introduced into circulation as an object that unites the elements of the information sphere that perform a single task and are technologically connected. The introduction of such an object into civil turnover is possible at the initial stage by means of clarifications of the highest judicial instance. The prospect of putting the information sphere into circulation will be made based on the results of an in-depth study of its elements, as well as the nature and features of the links between such elements, primarily within the system. Acquisition of the information sphere to the status of an object of civil rights will depend on the qualification of its elements as objects of civil rights. The speed of increasing relevance and the need to determine the legal status of the information sphere will depend on the rate of increase in the number of economic entities actively using digital technologies.

К вопросу об отнесении линейных объектов к объектам капитального строительства, недвижимого имущества, категории единого недвижимого комплекса

This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judi-cial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these con-cepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear ob-jects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects re-lated to real estate by the norms of special legislation, are determined.

Понятие «нежилое помещение» в доктрине и законодательстве Российской Федерации

The article is devoted to an analytical consideration of the legal definitions of non-residential premises, as well as approaches to understanding this term existing in modern doctrine. The author, relying on the main features of non-residential premises as an object of civil rights, substantiates his definition of non-residential premises, and also limits the scope of the concept in order to streamline terminology and improve legal techniques in the field of lawmaking.

Civil Regulation of Genomic Data Sharing

The legal regulation of relations concerning genomic information has undergone several transformations over recent years in the Russian Federation. Not only is a universal approach towards the regulation of such relations in civil law, including regarding the possibility of sharing such information, currently lacking, the concept of genomic information remains poorly defined as an object of civil rights. A special legal regime for big genomic data capable of processing with the help of artificial intelligence technologies is also lacking in the current legislation of the Russian Federation. Considering the great potential value of genomic data for all of humanity, and the need for the sharing of such data, a proposed balanced approach will ensure the sharing of genomic data with proper protection of personal non-propertyand other rights. Thus, the present work sets out to identify the specific features of genomic data sharing. When determining the civil legal regime for genomic information and genomic data, a balance between public and private interests can be ensured by maintaining personal non-property rights, ensuring the confidentiality of personal data, and obtaining consent for the dissemination of information in accordance with the law. However, in order to do this, it is necessary to distinguish conceptually between genomic information about a particular person and the genomic data on the basis of which such genomic information is obtained. The civil legal status of human biological material should be determined along with regulations for its processing to obtain genomic information at the same time as defining the legal regime for regulating biobanks in which such human biological material can be stored.

Свойства гражданско-правовых услуг и вопросы исполнения договора возмездного оказания услуг в судебной практике (на примере риелторской деятельности)

Services in the field of civil law relations are becoming widespread. These processes increase the relevance of their study by scientists of different specialties: lawyers, economists, specialists in the field of information and communication technologies and others, including at the junction of various social sciences. A number of issues related to the functioning of the service market remain controversial, including the essence of the service and its properties. In civil law, services were studied by legal scholars both in the pre-revolutionary and subsequent periods as objects of civil rights and legal relations, the subject of civil law contracts, etc. The author attempts to identify all the properties of the service contained in the economic and legal scientific literature studied by him, establishes their hierarchy, and proposes a mega-property of the service. Insufficient development of legal issues of services contributes to a multitude of litigation on the execution of contracts for the provision of paid services. The article considers in detail the issues of registration of the fact of rendering services, and gives an assessment of the business habit (business custom) that has developed in the provision of services. The requirements for the act of acceptance and transfer of services to resolve disputes between counterparties are formulated.

Гражданско-правовые услуги как благо и как объект гражданских прав

Despite the constant expansion of the range and quantity of goods produced in the world, the services market is currently developing at a faster pace, among which, in the context of the digitalization of the economy, services in the field of e-commerce, banking, the use of digital rights and others account for an increasing share. With the increasing role of services in all spheres of society and, practically, every person, both the nature and features of services as an object of civil turnover, their classification remain the subject of long-term discussions, which necessitates a comprehensive study of services, the features of their legal regime and their place in the system of objects of civil turnover. In order to study the essence and legal nature of services in more depth, the author’s attempt to consider services according to the following scheme is interesting: the good (as a philosophical category) – the object of law (as a category of legal theory) – the object of civil rights (as a category of civil law) – the services themselves. Additionally, the regulatory framework surrounding service provision encompasses various legal instruments, including consumer protection laws, industry regulations, and professional standards, aimed at safeguarding the interests of all parties involved. In conclusion, services occupy a unique position within the legal landscape as both goods and objects of civil rights. By examining services through the lens of philosophy, law, and civil rights theory, it is possible to gain a deeper understanding of their nature, characteristics, and legal status. Moving forward, it is imperative to continue exploring the evolving role of services in the digital economy and adapting legal frameworks to address emerging challenges and opportunities in service provision.

Unjustified Enrichment as a result of Turnover of Objects of Information Law

Not being an object of civil rights (Article 128 of the Civil Code of the Russian Federation), information has acquired objective marketability that does not limit itself, due to its value for certain persons, to using the construction of a contract for the provision of paid services for the legal regulation of emerging legal relations. The paper examines the legal nature of information and its historical and modern regulation, examines cases of illegal access to information and its use for the benefit of an unscrupulous person and suggests the possibility of applying the institute of unjustified enrichment by analogy. It is proved that the use of actio de in rem verso as an institution of unfair enrichment is the most appropriate for regulating the legal relationship under study. It is proposed to use the named institution up to the proposed reform of civil legislation in order to give information the properties of a full-fledged object of civil rights. It is argued that the reform of civil legislation regarding the inclusion of information in the objects of civil rights is long overdue and is predetermined by the objective development of the information society. Moreover, the expansion of digitalization and digital transformation of participants in civil law relations, including the state, leaves no doubt that such changes are relevant, and the courts, as soon as such an opportunity arises, need to begin applying new legislation in this regard.

Theoretical Aspects of Determining the Place of Energy (Energy Resources) in the System of Civil Rights Objects

The paper is devoted to determining the role of energy in the system of civil rights objects. The author highlights two main theories. Representatives of the first theory recognize energy as a thing and, accordingly consider it possible to apply the property law regime in relation to it. Currently, the number of supporters of this theory has increased due to the fact that the legislator consolidated regulatory norms regarding the energy supply contract in the chapter of the Civil Code of the Russian Federation devoted to purchase-and-sale transactions. The doctrine also attempts to justify the extension of the property right to energy through the category of «disembodied things». The second theory denies the attribution of energy to things. Representatives of this theory try to substantiate the legal nature of energy based on the existing systematization of objects of civil rights. According to the author, energy is an independent object of civil rights, a special object of a physical nature, having no sign of materiality, capable of generation and, under certain conditions, transfer in economic relations of civil turnover participants, and considered as a commodity with property value and high socioeconomic importance. Thus, energy perfectly fits into the category reserved by the law-maker for similar new objects and classified as «other property». Denying the substantive qualification of energy, the author supports the position of researchers who consider energy exclusively as an object of binding rights, since, given its physical nature and the possibility of generation and transmission exclusively through technical infrastructure, energy as an independent object of civil rights can act exclusively as a subject of binding legal relations

Цифровая валюта, цифровые права и цифровой рубль: перспективы использования в российской юрисдикции

The work examines the emergence and development in Russian legal reality of such objects of civil rights as digital currency, digital rights and digital ruble. A common feature for all these categories is their digital form, as well as their existence and circulation in a certain information system that satisfies the criteria established by law. The differences between these objects lie in the degree of their legalization, the presence of restrictions as regards to their turnover, as well as in those areas in which they can be used by participants of civil legal relations. Thus, despite certain legislative prohibitions, digital currency is allowed for circulation in the Russian Federation, as well as in foreign trade relations. Digital rights are used in those areas and by those parties that are determined by the legislator. The digital ruble is intended to partially replace cash payments and become a new form of ruble, even more in demand today than the previous ones. Having analyzed the above, we can come to the conclusion that these objects of civil rights expand the opportunities of participants of civil law relations to exercise their rights and obligations in the digital environment, as well as the areas in which digitalization penetrates. It also seems that there is not sufficient scientific justification for mixing these categories, recognizing digital currency as a type of digital law, etc.

Информационные системы: проблемы определения и толкования в свете нотариальной практики

Based on civil law methodology, an analysis of the concept, legal nature, as well as the legal regime of information systems with the help of which big data is visualized in the digital environment has been carried out. The legal characteristics of the information system are given. The components and legal regime of big data are defi ned. In this regard, objects of civil rights that are part of the inheritance have been established. The subject of the research is: legal doctrine; norms of Russian legislation; norms of by-laws and regulatory legal acts. The purpose of the study is to provide a doctrinal substantiation of the legal nature and legal regime of information systems through which big data is visualized in the digital environment, as well as to develop proposals for solving certain notarial practical problems, including problems of identifying objects included in the inheritance. Taking into account the above subject and purpose of the study, the article used comparative legal, systemic and structural methods of scientific knowledge, as well as the modeling method. The use of the above set of methods made it possible to consider the issues of legal qualification and legal regime of information systems in the light of ambiguous doctrinal and practical approaches to their solution, as well as to develop proposals for improving the mechanism for performing notarial actions (certifying transactions, issuing a certificate of ownership of the common property of spouses, ensuring evidence, issuing a certificate of inheritance, taking measures to protect inherited property).

The Digital Ruble as an innovation of Russian Law and its place in the system of objects of civil rights

The Digital Ruble as an innovation of Russian Law and its place in the system of objects of civil rights

Право на проведение оценки (определения стоимости) объектов гражданских прав

The article examines the powers of individual subjects of property and obligation rights related to their right to determine the market value of valuation objects, the rights to which are not defined by special legislation. The types of classification and forms of ownership of objects of civil rights are indicated, which can limit the right of owners of objects, other interested parties in the value to independently evaluate such objects.

The Image and Appearance of a Citizen as Objects of Civil Rights: The Relationship of Concepts

Introduction: the scientific paper solves the problem of the correlation of categories of appearance and image of a citizen as objects of civil rights. The author has established the interrelation and interdependence of the appearance and image of a citizen, as well as the identity and features of these intangible benefits, which are objects of relevant personal non-property rights, allowing solving the problem of establishing the legal regime of these objects. The analysis of the positions of representatives of the scientific community on the assessment of the independent legal nature of the image of a citizen in the context of its relationship with the appearance is carried out. It is stated that there is no unified approach to assessing the relationship between the right to image and the right to appearance; there is no unified approach to determining the object mediating these personal non-property rights. The purpose of the work is to solve the problem of the correlation of the legal categories of appearance and image as objects of civil rights by identifying the criteria for their differentiation, substantiating their independent nature based on the established features. Methods: the purpose of the study has determined the use of the dialectical method of scientific cognition in the analysis of the problem of interest, in its entirety using the methods of analysis and synthesis. Results: based on the studied scientific positions, as well as the provisions of the legislation, the different legal nature of the categories of appearance and image as objects of civil rights is established. The criteria allowing distinguishing the specified objects are revealed. The results of the study will serve as a basis for further doctrinal research of these related phenomena of private law science. Conclusions: based on the revealed differences, it is justified that appearance and image are different objects of civil rights. The citizen’s right to the inviolability of the image and the right to appearance are not in a relationship of subordination, and one right does not condition the other, and these rights have an independent legal nature from each other, which is expressed in the special objects of legal protection, the specifics of the focus of protection of these rights and various legal regimes for the protection of these rights. The concept of the image of a citizen as an object of civil rights is formulated.

Problems and Prospects of Unification of the Concepts of “Tokens”, “Digital Assets” and “Digital Rights”

Introduction: the accelerated digital transformation of the economy leads to a lack of unity in understanding the essence of new digital objects and a lag in the legal regulation from the pace of digitalization. As a result, when characterizing new digital objects, there arise terminological inaccuracies, discussions regarding the expediency and correctness of legislative innovations, and the gaps in the legal regulation of digital objects of legal relations. As a result, the purpose of the current study is to define the essence and delineate the concepts of “token”, “digital assets” and “digital rights”. To achieve this goal, the following tasks are defined: to study the definitions of the above-mentioned concepts available in the legal doctrine, their role in the civil legislation, to develop a systematic understanding of the digital objects selected for research. Methods: the methodological framework for the study is a set of methods: the terminological analysis of individual digital objects – tokens, digital assets and digital rights; the generalization of the studied materials by induction to determine the subordination of the described digital objects; the generalization and comparison of doctrinal concepts on the relationship between the concepts of “digital assets” and “digital rights”. Based on the conducted research, the following results are achieved: the doctrinal differences are revealed in the understanding of the term “token”, in the correctness of the identification of “digital rights” as an object of civil rights, in the correlation of the concepts of “token”, “digital asset” and “digital rights”; the classification of digital assets is of scientific interest in the framework of further research. According to the results of the scientific research, the author has made a number of conclusions, in particular: 1) the lack of unity in the definitions of new digital terms generates discussions regarding the current norms of the Russian legislation and hinders the introduction of promising digital structures into civil circulation; 2) in order to unify digital terminology, the following changes to the Russian legislation are proposed: digital assets should be distinguished as a separate category of objects of civil rights; digital rights should be defined as a kind of digital asset expressed in monetary form; a token should be defined as a means of balance sheet accounting of a digital asset and the authentication of users of an information system.

Digital Ruble: The Problems of Determining the Legal Regime

Introduction: the presented paper deals with the issues of legal assessment of the digital ruble as an object of civil rights. In Article 128 of the Civil Code of the Russian Federation, this means of payment is defined as a type of non-cash funds, which raises a number of doubts, given both its legal regulation and the objectification of the digital ruble in the virtual space. This currency is a unique digital code stored on a platform administered by the Bank of Russia, while non-cash money is an abstract concept that exists solely by virtue of the legal norms. According to the author of the paper, these significant differences require reflection in the legislation, the changes in existing legal norms, and the revision of the legal regime of the digital ruble. Thus, the purpose of the paper is to develop systematic approaches to the regulation of the digital ruble in the Russian legislation. Methods: the methodological framework for the study consists of the dialectical, analytical and comparative law methods. Results: the author’s position reflected in the paper is based on the scientific doctrine and the provisions of the legislation on the legal regime of means of payment in the Russian Federation. Based on the legal analysis of the norms of the current legislation, some proposals have been formulated to improve the statutory regulation of the digital ruble, as well as non-cash funds. Conclusions: based on the results of the study, it is proposed to state Article 128 of the Civil Code of the Russian Federation in the following wording: “The objects of civil rights are things (including cash money and documentary securities), other property, among them the digital ruble and property rights (including non-cash funds, non-documentary securities, digital rights); the results of work and provision of services; the protected results of intellectual activity and means of individualization equated to them (intellectual property); intangible benefits.” In addition, when regulating non-cash funds, it is proposed to take into account their characteristics such as abstraction and the possibility of issuing by private organizations.

Information as an Object of Civil Rights

Information as an Object of Civil Rights