Object Of Civil Rights Research Articles

“Artificial Intelligence” Technologies in the Mechanism of Contractual Regulation in the Russian Federation

“Artificial intelligence” technologies (AI technologies) are becoming popular objects of civil rights. Current legislation does not regulate relations on the creation of these results of intellectual activity and the turnover of exclusive rights to them. The current state of doctrine and law enforcement practice demonstrates the unresolved problems associated with the legal qualification of AI technologies, the definition of their legal regime, the use of various contractual structures for the creation of these innovative intangible objects and the turnover of exclusive rights to them. The purpose of the study is to consider the key civil scientific and practical problems of AI technologies in the mechanism of contractual regulation at the stage of establishing of legislation regulating digital relations. Methods: comparative legal method, rising from the abstract to the concrete, modeling, induction, deduction. Results and novelty: having realized the research objectives through the general scientific and private scientific methods described above, the authors considered AI technologies as independent results of intellectual activity and objects of civil rights. The factors influencing the construction of a system of contracts ensuring the turnover of exclusive rights to AI technologies are identified, in particular, the need to include conditions on confidentiality of information, on the procedure for applying a smart contract, methods of identification and authentication of the parties to contracts. A system of contracts has been developed to ensure the turnover of exclusive rights to AI technologies.

The Impact of New Technologies on the Development of Securities Market Legislation

There are three stages in the development of the securities market in the 20th — early 21st centuries: the paper period, the period of electronization and the period of digitalization. Electronization and digitalization of the stock market have significantly influenced the development of legislation in this area. When the Russian legislator tried to react to the electronic stock market, an internally contradictory term (legal fiction) appeared – an uncertified (book-entry) security. Its use generates a number of problems that have not been resolved to date. It is necessary to distinguish between securities in the form of an electronic document and sets of rights accounted for by account entries. Electronic charges under Russian law are defined as electronic documents, but at the same time they refer to uncertified (book-entry) securities, which is logically incorrect. Eliminating the imperfections of the legal regulation of the stock market caused by electronization, the Russian legislator, limiting itself to changes in general legal acts, did not make appropriate changes to the legislation concerning individual securities. Unlike Russia, effective legal ways of including digital assets in the legal system have been formed in Western countries. The Russian legislator is required to determine their legal nature every time. Shares issued in the form of digital financial assets constitute an unjustifiably cumbersome legal structure, since they simultaneously belong to two different types of objects of civil rights — digital rights and uncertified securities. It is advisable to introduce a special term «investment financial instrument» to designate a group of equity and similar securities, as well as similar digital financial assets.

The concept of objects of civil turnover

In the conditions of the current world crisis, the urgent need for the further development of Ukraine in the conditions of a market economy and its economic integration with the European Union, the isues of legal regulation of civil turnover are gaining relevance. To solve them, it is necessary to define the concept of the object of civil turnover, because, as it is rightly noted in the legal literature, it is important for a lawyer to understand not only whether a certain substrate is an object of civil rights, but also whether it is an object civil turnover. The first allows to determine the content of the legal relationship that could be formed in relation to the corresponding good. The second makes it possible to determine the range of circumstances that allow or prevent the transition, transfer, alienation of such goods in society. The purpose of the study is to determine the objects of civil turnover. Methodologically, the very concept of civil turnover was considered, on the basis of which its object was determined. With the help of such a method of scientific knowledge as a conclusion by analogy, it was established that the object of civil turnover and the object of legal succession are different legal phenomena. The result of the study is the definition of the objects of civil turnover and the establishment of their distinctive features from other, similar concepts. It was determined that every object of civil turnover is an object of civil law, and vice versa, every object of civil law is an object of civil turnover, thereby questioning the truth of the popular saying "the object of civil rights cannot be that, which is not defensive. It was established that the object of turnover is precisely the objects of civil law. Subjective rights (obligations) can be considered objects of civil turnover only if they perform the function of objects of civil rights, that is, in the “right to right” construction. In all other cases, the dynamics of rights is a form of civil turnover. The legal form of civil turnover is implemented in the order of legal establishment or legal succession. Only the objects of the latter are subjective rights and obligations, but not objects of civil rights.

ДОМЕНИ, ФІРМОВИЙ СТИЛЬ ТА ІНШІ КОМЕРЦІЙНІ ПОЗНАЧЕННЯ: ОСОБЛИВОСТІ ПРАВОВОЇ ОХОРОНИ

The article considers the features of legal protection of domain names, trade dress and other commercial designations. The legal regime of the specified objects of legal protection is analyzed. It is proved that the current national legislation does not clearly define the legal regime of the domain name, corporate style (trade dress) and other commercial designations. The issue of whether a domain name, corporate style and other commercial designations can be considered as separate objects of intellectual property rights is resolved. It is substantiated that domain names, corporate style (trade dress), and other commercial designations are the newest objects of legal protection. It is proven that a domain name is not an independent object of intellectual property, but it can only be a form of use of a trademark or other means of individualization, or can be an independent commercial or non-commercial designation. It is substantiated that the rights to a domain name depend on what objects of civil rights are reflected in the verbal expression of domain names (trademark, trade name, geographical indication, copyright object, name of an individual, etc.). It is proved that the scope and content of the relevant rights to the domain, including the protection of this right, is determined by the species belonging to the object reflected in the domain name, and mainly it is an object of intellectual property. It is established that the ways to protect the rights to the domain can be transferring of the domain name to the plaintiff or termination of the domain name. It is proved that other commercial designations are a separate object of law, which is provided for by Art. 4 of the Law of Ukraine «On protection against unfair competition». It is substantiated that «other commercial designation» is a designation (brand) used by an economic entity without the registration of rights to it, for example, as a trademark. It is proved that «other designation» is inappropriate to be considered as a separate object of intellectual property, instead such designation can be protected as a copyright object (for example, a logo) or as an independent object in a competitive relationship. It is established that the corporate style (trade dress) is inappropriate to be identified exclusively with the brand. It is proved that corporate style (trade dress) strengthens the brand, «dresses» it, creating an individual style. It is justified that it is inexpedient to single out corporate identity as a separate intellectual property object, as corporate identity is a collective, complex object, the rights to which should be protected using other intellectual property objects that are «present» in this trade dress, or are dominant in it.

NEW DIGITAL RIGHTS AND THEIR TYPES: PROBLEMS OF LEGAL QUALIFICATION IN CIVIL LAW

The article reveals the features of the legal regulation of digital rights, their regulatory and legal consolidation in civil legislation, the peculiarities of their application in civil and property turnover, and the existence of a close connection of this category of rights with information technologies and resources. Attention is focused on the norm-definition of the concept of "digital rights". The opinions of scientists and researchers on the importance of the problem of digital rights and its legal qualification and consolidation at the legal level are given. Certain types of digital rights that have found consolidation in industry legislation are considered. The purpose of the study is to analyze the category and legal content of digital rights and their types: problems of legal qualification within the framework of the current civil legislation. According to the results of the study, the authors believe that digital rights should be recognized as new objects of civil rights. It is necessary to expand the legal novel on the definition of digital rights and consolidate it in law, taking into account the practical civil turnover, which will make it possible to bring digital rights to a higher legal level and defining new types, criteria and objects of digital rights.

Bioprinting: legal regulation

The article deals with the definition of the essence of the concept of "bioprinting". As part of the analysis of theessence of bioprinting, the stages of this process were compared with the concepts provided for by the legislation of theRepublic of Belarus on healthcare. The stages of bioprinting were considered as a medical service, medical interventionand medical care. The place of bioprinted organs and tissues in the system of objects of civil rights is determined byestablishing their compliance with the criteria of discreteness, consistency and legal binding. The work focuses on theethical and legal aspect of bioprinting. During the study, the process of three-dimensional bioprinting was considered asan object of intellectual property, attention was paid to such criteria as industrial applicability, inventive step and novelty.

Договор обмена прав, удостоверенных по конструкции цифровых финансовых активов, и его разновидности

Introduction: the circulation of rights certified by the construction of digital financial assets makes it necessary to make various transactions with such rights, including paid transactions that mediate the exchange of these rights for other objects of civil rights. The purpose of the study is to identify the features characteristic of the agreement for the exchange of rights, certified by the construction of digital financial assets, allowing distinguishing this agreement from related legal categories, to define this agreement and identify its varieties. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. The results of the study have made it possible to formulate a position on the need to introduce the structure of an exchange agreement into the system of contract law and apply this structure to relations arising from the exchange of rights certified by the construction of digital financial assets. Conclusions: it is proposed to include the definition of the agreement for the exchange of rights certified by the construction of digital financial assets in Russian legislation, stating it as follows: “Under the agreement for the exchange of rights certified by the construction of digital financial assets for other objects of civil rights, one party that is the owner of digital financial assets, through the intermediary of the operator of the exchange of digital financial assets, undertakes to transfer to the other party of the agreement its own property rights, certified by the construction of digital financial assets, in exchange for the transferred equivalent items (except for cash and currency) or other property rights”. Depending on the specifics of the subject of the agreement, the need to distinguish three types of the rights exchange agreement certified by the construction of digital financial assets is defended.

Оказание культурных услуг как предмет договора

Introduction: social relations developing in the sphere of culture are subject to legal regulation following the dynamics of socio-economic development. Under their legal nature, these relations are regulated by public and private legal means, one of which is an agreement. Despite the recognition of this agreement as one of the types of contracts for the provision of paid services, its subject is insufficiently studied by the means of the science of civil law, which creates certain problems in the field under study. The purpose of the publication is to identify the legal content of the subject of the agreement for the provision of cultural services. Methods: the research is based on the systematic method, civil law aspects of interpretation, analysis, and synthesis, as well as a comparative legal methodological technique. Results: based on lexical and legal analysis, definitions are given of the concepts of “provision of cultural services”, considered as an object of civil rights and “subject of an agreement for the provision of cultural services”, qualifying the condition without which the use of this means of legal regulation becomes impossible. Conclusions: the position is substantiated that the proper implementation of cultural activities in the current conditions of civil turnover becomes impossible without the use of an individual legal regulator of the emerging relations – an agreement. Being one of the essential conditions of such an agreement, the subject acts as a combination of actions of individuals and legal entities carried out by the contractor of services on behalf of the customer to obtain a useful intangible effect achieved with the help of the creative abilities of the contractor. The qualifying features of the subject of the agreement for the provision of cultural services are revealed.

Цифровизация гражданского оборота в контексте цифровой социально-экономической парадигмы: основные проблемы и перспективы развития

Introduction: the active development of digital technologies sets innovative research goals for the scientific community, and therefore digital socio-economic interaction should be provided with an appropriate regulatory framework. Among the most important problems is the solution of interdisciplinary issues related to the digitalization of property turnover. The purpose of the study is to consider the key interdisciplinary research and practical problems of digitalization of property turnover and to develop the main directions of development of the phenomenon under study. To achieve this goal, some tasks were set and implemented, namely: the analysis of the current state of the digital environment, property turnover, legislation, and scientific doctrine; the identification of research and practical problems related to digital currency, smart contracts, and digital trade; the justification of the proposed ways to solve interdisciplinary research and practical problems. Methods: the study was conducted using the comparative law method and the modeling method. The identification of interdisciplinary research and practical problems, as well as methods of their solving, was based on the methods of ascent from the abstract to the concrete, induction, and deduction. As a result of the implementation of the research objectives using the general scientific and specific scientific methods described above, the constitutive features of the key elements of property turnover in the digital environment, such as digital currency, smart contract, electronic commerce, have been determined. Results: both doctrinal and practical problems related to the essence and features of the above elements, as well as the legal regulation of relations concerned, have been identified. These elements are considered in two dimensions: in the information system and in the legal field. In addition, significant gaps have been identified in the regulatory framework of relations concerned; the impossibility of applying the classical regime of civil rights objects and document management rules to digital objects and processes has been substantiated. Conclusions: based on the results of the study, specific ways of solving interdisciplinary theoretical and practical problems of digitalization of property turnover have been proposed, which are of great importance for both scientific and practical research in the field of law.

Division of Data Ownership Between the Individual and the Enterprise That Collects the Data

More and more cases involve disputes between users and platform providers over the protection of personal information and the ownership of the right to personal information. In the big data era, data is an emerging object of civil rights. The ownership of data is very important to the protection of personal information and data transfer. However, there is no explicit legislation to regulate the ownership. In this regard, the author is of the opinion that the original/underlying personal data shall belong to the user, and the fully anonymized dataset based on the original data shall enjoy the property rights and interests in the context of competition.

Problems of Transfering Property Rights and Ways to Solve Them

The analysis of modern law enforcement practice on the issues of determining the legal nature of property rights and the possibility of their transfer shows that the activity of the judiciary does not contribute to the effective development of civil turnover. The purpose of the research is to identify the legal nature of the transfer of property rights and the applicability of this legal category to various objects of civil rights. Based on the analysis of the transfer of things and property rights, the idea is proved that the transfer of a thing is a legal fact while the transfer of a right is not such a fact. In this regard, the necessity of linking the transfer of the right with some independent legal fact is justified. The attention is focused on various legal ways of things and property rights and on the inadmissibility of the extension of the norms of property law to property rights. The principles of separation and abstraction characteristic of the laws of the German legal family, as well as the possibility of their application in Russian civil law, are investigated. The conclusions that the division of transactions in accordance with the principle of separation into mandatory and administrative is impractical and does not meet the needs of civil turnover in Russia are drawn. The provision on the consideration of the administrative transaction as a legal fiction is substantiated. The idea that only one binding transaction is needed for the turnover of property rights is defended. A way to strengthen civil turnover by introducing mandatory notarization of transactions with property rights is suggested.

Legal status of human biomaterial

The article is devoted to one of the urgent and topical problems of medical law, the problem of determining the legal status of human biological material. The changes taking place today in medicine and genetics open up a number of new opportunities for the study of man, his body and its use. Man has long been seen by science not so much as a "spiritual" value, but as a value as an "object of study" and an "object of experiment". No one denies the material essence of human organs, tissues, their ability to be the subject of a number of civil law transactions (purchase, sale, mines, storage, transportation, etc.). All this requires the legislator to look at human biological material in a new way. The law must respond to all these changes that are taking place in society, in the form of regulation of these benefits, the absence of which we see today. Public relations are developing much faster than the corresponding changes in legislation. The law can help the development of these relations, properly regulating them, and can slow down this process, which is currently happening in Ukrainian law. However, the law cannot stop the process of using human biomaterial, which has long begun. Thus, the purpose of the article is to consider the legal status of human biological material, to determine its place among the existing objects of civil rights. It is proved that the current level of development of medicine, genetics requires a new approach to the study of human biological material, its legal status and place in the system of modern civil law, which determines the relevance of the chosen research topic. Unfortunately, the legislation of Ukraine and most foreign countries does not recognize biomaterial separated from humans as an object of civil rights. However, the author concluded that the subject of a number of transactions, separated from human biomaterial, is no longer an "integral" part of the body, which only confirms the need to consider it as an independent object of civil law, which by its characteristics (material (physical) separation and the ability to act as a commodity in civil circulation) "tends" to the category of things, which is the novelty of this work.

Legal Regime of Human Organs and Tissues as Objects of Civil Law in the Field of Transplantation

The article covers the issue of determining the legal regime of organs and tissues in the context of civil law in the field of transplantation. The issue of recognising organs and tissues as objects of civil law, given the gaps in the current civil legislation of Ukraine, is presumed. This situation is conditioned upon the need for national legislators to consider a range of moral and ethical aspects related to the civil circulation of human biomaterials. The publication attempts to define the legal regime of organs and tissues separated from the human body as specific objects. The study is based on a systematic approach; special legal and logical methods were used. The declared problem is studied considering the achievements of Ukrainian and foreign academic literature. A comprehensive analysis of special transplant legislation contributes to the understanding that organs and tissues are exceptional objects not removed from civil circulation, which are currently used for the purpose of providing medical services. Since the necessity of classifying such anatomical materials as separate independent objects of civil rights, limited in circulation, is substantiated, given their exceptional nature and specificity. Based on a comprehensive study of national legislation and doctrinal approaches, the need to apply to the organs and tissues used for transplantation, a special legal regime that considers the specific features of these objects

Соотношение объекта права и объекта правоотношения в гражданском праве

This article examines the relationship of the object of civil rights and the object of civil relations in civil law, as well as the problem of determining the content of these terms. Due to the existing discussions about the similarities and differences of the studied concepts and their delimitation from each other, the issue of their legal and substantive definition remains relevant. The aim of the work is to analyze the points of view of legal scholars on this topic and to present the different views of civil science researchers on the designated problem. Currently, specialized legislation, in particular the Civil Code of the Russian Federation, contains an indication of the object of civil rights, but does not contain a legal definition of the object of civil legal relations. On the basis of a comparative analysis, the article attempts to streamline the author’s and scientific positions on the delimitation of these concepts. The author offers a perspective on the relationship between the object of rights and the object of legal relations and offers a prognosis regarding the development of the institutions under consideration.

The institution of digital rights in Russian civil law

The subject of the study is the institution of digital rights, which has recently been enshrined in Russian legislation. This topic is relevant since the definition of digital rights causes numerous discussions and disputes. Practice on this issue has not yet developed, and there are conflicts in the current legislation. The purpose of the article is to consider the scope of digital rights and define the category "digital rights", given that there is a deep difference between its broad and narrow definitions. The following tasks have been solved to achieve this goal: (1) to consider the regulatory framework governing digital rights; (2) to analyze the main approaches to the definition of digital rights; (3) to study various definitions of digital objects; (4) to highlight the main characteristics of digital objects; (5) to propose original definitions of "digital rights" and "digital objects".Methodology. The authors use the general scientific dialectical method, as well as formallegal, system-structural, formal-logical methods and methods of cognition. The synergetic method is used to clarify the main features of digital rights. It allows isolating new rules and reality from the creative potential of chaos.The main results and the scope of the study. Considering law as a variable phenomenon, it has been proved that it is constantly changing. Analysis allows the authors to conclude that digital rights are an independent special type of rights that arise only in relation to digital objects created in digital form. The features of digital rights include: digital format, occurrence only in the cyber-physical space, consolidation in the form of software algorithms, the accounting system is carried out without an intermediary, the owner’s digital rights are realized with access to the Internet and a key in the form of login.The main qualitative characteristics of digital objects include the following: digital objects are not material; in some cases, they cannot be materialized and there is no need for that; digital objects are created using modern high-tech systems; it is possible to make transactions with digital objects only in the cyber-physical space; the right of inheritance for some digital objects is limited to inheritance by will due to the peculiarities of ownership of these objects; digital objects can be disposed of without the participation of third parties and intermediaries; transactions with digital assets are confidential.Conclusions. Based on the study results, original definitions of "digital rights" and "digital objects" have been proposed. Digital right is a digital algorithm that enshrines the powers of individuals and legal entities to own, use, and alienate digital objects of civil rights in hightech systems, given that technical means provide the owner with the opportunity to exercise their powers. Digital objects represent an independent legal category, which is a cryptographic code that gives the owner the right to perform any actions with it - to own, dispose of, alienate, make transactions, and other actions not prohibited by law. Legislative amendments to the current Russian legislation are developed.

Interrelation between State Regulation and Self-Regulation in the Cryptocurrency Market

The rapid development of the cryptocurrency market makes us think about the need and subject of regulation of activities related to their issuance, placement, storage and circulation. The question arises whether the activities that are related to them are entrepreneurial or professional, related to the commodity or financial market, subject exclusively to state regulation, exclusively self-regulation or both types of regulation at the same time. The authors come to conclusions that will allow building a theoretical basis for a more systematic perception of the cryptocurrency market in the future, including revealing the concept and legal nature of cryptocurrencies, the features of these objects of civil rights that require their free circulation in the financial market, the role of private entities in their creation and use. It is concluded that the activities related to the turnover of cryptocurrencies are entrepreneurial, unregulated activities in the capital market as part of the financial market. Special attention is given to public interest in the framework of the circulation of cryptocurrencies, in particular to national security issues, protection of the weak side of transactions using cryptocurrencies, protection of personal data. In particular, the authors acknowledge that intermediary activities in the cryptocurrency market involving financial services consumers should be regulated and recognized as professional. The authors, on the one hand, point to the need to ensure state regulation of the use of cryptocurrencies, on the other hand, emphasize that a balance must be achieved between public and private interests in this area, that it cannot be over-regulated, which will ensure stable economic growth in the digital environment.

Protection of the Rights of Obligations

The article is devoted to the study of protecting the rights of obligations. The study aims to resolve the question of whether the possibility of protection is provided for in Article 302 of the Civil Code of the Russian Federation to the rights of obligations. In addition, the author examines the question of whether it is advisable to introduce the protection of a bona fide acquirer of the right of obligations in the framework of an assignment similar to the protection in the form of a vindication. The analysis of judicial practice illustrates that at present the acquirer of the right of obligation under an assignment agreement does not have access to the entire scope of protection provided by law to the acquirer of the thing itself. To answer these questions, the author turns to the theory of binding rights as objects of civil rights. The author concludes that the obstacle to claiming the rights of obligations is the absence of the concepts of ownership of the right and a bona fide acquirer of the right for the turnover of the rights of obligations, both at the level of the law and in the doctrine. The author addresses whether it is possible to own the law of obligations. In connection with his consideration of this issue, the author touches upon the theory of the visibility of law. Based on the analysis of the relevant theory and practice of law enforcement, the author concludes that the category of domination is unsuitable for binding rights, as well as that possession, in its classical sense, is not applicable for binding rights. The author emphasizes that, in the absence of direct legislative regulation, it is not possible to resolve the issue of applying a vindication claim to the rights of obligations. The paper presents arguments in favor of the conclusion that it is now necessary to introduce the protection of the law of obligations (including the right of claim) in a manner similar to the protection provided for in Article 302 of the Civil Code of the Russian Federation. The author anticipates the development of an appropriate mechanism, considering the peculiarities of the rights of obligations as an object of civil rights, and the inapplicability of the theory of the appearance of law for such a mechanism, as a perspective for resolving this issue.

Доктринальне поняття об’єктів цивільних прав та їх система в умовах рекодифікації

The article examines scientific approaches to the concept and legal nature of objects of civil rights, determines their place in the system of civil law, offers the author's definition of the object of civil rights, substantiates its constitutive features. The peculiarities of individual objects of civil rights are clarified, their common and distinguishing features are determined. The specifics of the legal regime of individual objects of civil rights is identified, the features of the civil turnover of individual objects of civil rights are defined. Methodological principles and criteria for building a system of civil rights objects in the conditions of recodification are outlined. Specific proposals for improving civil legislation in relation to the concept and system of objects of civil rights, the new version of Article 177 of the Civil Code of Ukraine "Objects of civil rights" were formulated.

Недвижимое имущество как объект правового регулирования

The article considers legal regulation of the civil turnover in real estate as an object of legal relations for subjects of civil law. The author presents various classification approaches to the objects of real estate property and demonstrates the importance of establishing a more precise definition of «real estate» in civil legislation. A specific legal regime for real estate is established by the fact that real estate objects are either land plots or things connected with land, i.e., they are part of the state’s territory. Land and other real estate are the foundation of a country’s economy, its spatial and material basis, and the essential means of production. In this regard, we can grasp the relationship between the circulation and distribution of real estate with the state’s interests when a country has a specific interest in stricter regulation and control in this field. At the same time, as property, real estate acts as an object of civil rights and is among the various tangible and intangible assets where subjects of civil rights enter or may enter into legal relations. Real estate is a specific type of property and object of civil rights. In practice, it is defined by designating its essential features, such as the inseparable connection with the land and the impossibility of moving the object without causing undue damage to its direct purpose. For practical purposes, real estate objects are classified in different ways, derived from the purposes of this classification.

ПОНЯТТЯ ТА ЦИВІЛЬНО-ПРАВОВА ПРИРОДА БІОМАТЕРІАЛУ ЛЮДИНИ

The article examines the legal nature of biological material separated from the human body as an object of civil rights. The non-identity of the concepts of “biomaterial” and “anatomical material” is noted, since the first concept absorbs the second. It is substantiated that human biomaterial includes anatomical material extracted from the human body by surgical or other medical intervention with a donor purpose, renewable biomaterial that comes from the human body, other than organs and tissues (biological fluids, secrets, waste products, physiological secretions etc.), which is extracted from the human body without a donor purpose or separated independently, as well as biomaterial created outside the human body from human cells (cryopreserved embryos in vitro, bioprinted organs and tissues). Doctrinal approaches to determining the place of anatomical materials in the system of objects of civil rights are analyzed both among supporters and opponents of the reification of parts of the human body. It is concluded that the human anatomical material as a physical substance that does not have a monetary equivalent and has a useful therapeutic and scientific value is a material nonproperty good. The legal nature of human anatomical materials removed from the patient’s body for medical reasons without a donor purpose is being investigated. It is substantiated that their legal regime depends on the patient’s determination of the further fate of these anatomical materials. In the case of granting permission for their use for transplantation or the manufacture of bioimplants, they acquire the status of a material non-property benefit. If such permission is not granted, then the removed anatomical material is transformed into medical waste, therefore, it acquires the status of a thing. The legal nature of biological materials other than organs and tissues that are separated from the human body without a donor purpose is analyzed, as a result of which it is concluded that such biomaterial is classified as an unrestricted thing in circulation that is carriers of information about a person, his genetic code and state of health. The article also explores biomaterials that have never been part of the human body, since they were artificially created outside the human body, but from human cells.