Subject Of Rights Research Articles

ON THE QUESTION OF THE NECESSITY TO EXPAND THE LIST OF EXECUTIVE DOCUMENTS (IN CASE OF OUT-OF-COURT SETTLEMENT OF DISPUTES)

This article is devoted to the issues of improving the current legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of expanding the list of enforcement documents. As is known, the executive document, due to its qualities endowed by law, represents the basis for the commencement of enforcement proceedings. Currently, the problem is that the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”, while establishing a closed list of enforcement documents, does not provide for the inclusion in this list of other types of documents that at the present stage of development of legislation could be considered as enforcement documents, having the force of enforcement and which could simplify civil circulation and the procedure for restoring the subjective rights of individuals. Thus, the purpose of this article is to consider the need and possibility of expanding the range of executive documents. The article analyzes the norms of legislation of the Republic of Kazakhstan, as well as international agreements governing executive documents. The author, using the method of analysis, the formal legal method, methods of systematization and modeling makes a conclusion as a result of the research, about the need to improve the legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of the rules governing executive documents by including a mediation agreement, notarized agreement about resolving a dispute by negotiations, agreements on the payment of alimony, decisions of the conciliation commission and labor arbitration, as well as decisions of the Eurasian Economic Commission into the list of executive documents.

Sztuczna inteligencja vs prawo autorskie – pytanie o finał starcia. Futurologia, a może to już jutro?

This research paper concerns the copyright-law consequences of generating literary and artistic creations resulting from the “creative activity” of artificial intelligence (AI). The essence of the problem that rapidly gains practical significance boils down to the question whether, at present (de lege lata) and in the future (de lege ferenda), such creations can be protected under copyright law and who should possibly be considered to be the author. The legal-dogmatic analysis of the normative matter, the current state of science and the case law in force applicable here, shows that under the current legislation the creations generated by AI do not fall within the definition of creative work and do not form the subject of copyright as they were not created by human being. Therefore, the AI may not be considered to be the author and thus endowed with a copyright and even more a moral right to the work. In the de lege ferenda perspective, the proposals to cover AI-generated assets by protection outside the copyright law area, e.g. through related rights or the institution of work made for hire, are not fully convincing for axiological reasons, i.e. the difficulty of identifying a person who deserves to benefit from such protection. Nor can the proposal to grant subjective rights to AI itself be supported, since this would mean changing the axiom of the copyright law, namely that only a human being can be the author. If copyright is to survive as a right of a human creator, which should be advocated, then in the light of this regulation the literary and artistic creations generated by AI should remain in the public domain.

Peculiarities of property rights protection, their specific application to objects

The article examines the issue of the specifics of the protection of property rights, the specifics of their application to objects.
 Article 13 of the Constitution of Ukraine declares that the fundamental principle of in the field of protection of property rights there is a provision that the state provides equal protection of all subjects of property rights. In recent years, the question of protection of property rights has gained important theoretical and practical importance. The analysis of modern judicial practice shows that there is no unified position of judicial bodies on the resolution of disputes related to the violation of property rights. Courts of general jurisdiction and commercial courts, when considering disputes related to the protection of violated rights, ambiguously apply the norms of current legislation, therefore, the uncertainty of judicial authorities in the matter of the uniform application of the provisions of civil law to disputes of this category leads to the violation of the constitutional rights of owners.
 It is emphasized that the protection of property rights is a complex of civil legal means, which are aimed, on the one hand, at ensuring the normal economic use of property and maintaining property rights in an intact state, and, on the other hand, at restoring violated property relations, overcoming obstacles to their normal functioning and compensation for damages caused to the owner.
 As a conclusion, it is said that the protection of property rights acts as an independent subjective right that arises at the moment when there is a threat of its violation or dispute. This right includes powers, each of which involves the active implementation of positive actions.
 In the field of legal relations related to the protection of property rights, the objects of protection are directly the rights to certain objects. It is these rights that can be violated by other persons, and it is for their protection that the civil law provides for various means that a person can use to protect his violated or disputed rights, which are subject to protection by the law of interests.
 Subjects of legal relations related to the protection of property rights are, on the one hand, persons who have property rights to a specific object, and persons who retain property in accordance with relevant contracts or laws, and who, accordingly to legal norms, have the right to demand protection of their violated subjective rights. On the other hand, these are persons whose actions led to the unlawful violation of subjective rights to property objects.

A frágil garantia constitucional do direito à proteção da saúde na Espanha: uma proposta de reforma

Objective: To discuss the right to health protection in Spain and its non-inclusion in the category of fundamental rights. Methodology: Critical review of Spanish and international normative documents - Constitution, laws, and international treaties - from the perspective of analyzing health as a fundamental right. Results: The guarantee and effectiveness of the right to health in Spain are not satisfactory, as from the legislative and often administrative regulation of the topic, well-defined and enforceable legal claims arise before judicial bodies, as individual subjective rights. This allows the legislator to introduce significant setbacks in determining the scope of the right to health. Conclusion: A constitutional reform is necessary to reconfigure a right and include it in the list of those considered fundamental in Section 1 of Chapter II of Title I of the Constitution, in order to endow it with an essential content, binding for the legislator, and so that it itself benefits from direct and maximum jurisdictional guarantee, both ordinary and extraordinary, before the Constitutional Court. Submission: 12/15/23| Review: 02/08/24| Approval: 02/08/24

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

Глокализации коммуникативного взаимодействия: лингвоюридический аспект

The article examines the issues of glocalization and regulation of communicative interaction based on the material of the speech act of defamation. It is shown that countries, when legislating public relations in this area, proceed from the interests dictated by their own information security policy. Using the example of some post-Soviet states, which historically have common sources of law, evidence is presented of the refusal of states to unify legal norms in the field of regulating public communication activity: the speech act of defamation as an illegal and criminally punishable act is excluded from the legislation of Estonia; in Azerbaijan, Latvia, Lithuania, Tajikistan it does not have the status of a serious crime, unlike The Republic of Belarus and the Russian Federation. However, this approach does not exclude the emergence of problems, primarily of a methodological nature. As an actual example, fragments of Belarusian legislation are analyzed, which reveal a terminological lacuna in understanding the categories of honor, dignity and business reputation as a triad of intangible subject rights, the attempt on which is realized through a speech act of defamation. The relevance of the legal linguistic interpretation of the designated content of the concepts is substantiated: honor as moral and ethical qualities of a person in the assessment of others; the introverted phenomenon of dignity as a social self-esteem of a person; business reputation as a set of professional and/or service qualities of a person. Based on the material of the Belarusian legislation, a meaningful detailing of the signs of the implementation of a speech act of defamation is given according to the parameters 1) factual nature, 2) object composition, 3) type of information and 4) channel of information dissemination.

ПРАВОВА ПРИРОДА НАДАННЯ СУБ’ЄКТОМ, ЩОДО ЯКОГО ЗДІЙСНЮЄТЬСЯ ДЕРЖАВНИЙ НАГЛЯД (КОНТРОЛЬ) У СФЕРІ ТЕХНОГЕННОЇ ТА ПОЖЕЖНОЇ БЕЗПЕКИ, ПИСЬМОВИХ ПОЯСНЕНЬ, ЗАУВАЖЕНЬ АБО ЗАПЕРЕЧЕНЬ

The article examines such a mechanism of interaction of the subject, which is subject to state supervision (control) in the field of man-made and fire safety, with the controlling body as the provision of written explanations, comments or objections to the act or regarding the implementation of state supervision (control). Providing such explanations, comments or objections should be considered as the right of the subject under control, which should correspond to the corresponding duty of the control body to consider the latter and take them into account in further activities when making a decision based on the results of the inspection. Although the current legislation does not contain a direct instruction on the obligation of the state supervision (control) body in the field of man-made and fire safety to take into account the received comments in further activities, the principle of objectivity and impartiality of state supervision (control), which is enshrined at the legislative level, requires the following remarks to be taken into account. The use of such a right is rather a tool to draw attention to individual parties of the conducted inspection and the violations described in the act, therefore the regulation in the legislation of the corresponding possibility of the subject under control is a significant optimization and legal mechanism of interaction between the controlling body and the subject under control, thanks to which a balance of private and public interests. The results of the exercise of the right to provide explanations, comments or objections depends both on the argumentation of the latter and on the timeliness of their submission. Key words: state supervision (control); state supervision (control) in the field of man-made and fire safety; act of inspection in the field of man-made and fire safety; the rights of subject to state supervision (control) in the field of man-made and fire safety; explanations, comments, objections.

Tell me something new: data subject rights applied to inferred data and profiles

The EU General Data Protection Regulation (GDPR) contains several data subject rights, but for many of these rights it is not entirely clear how they should work in practice, especially in digital environments. Most data subject rights apply to personal data obtained directly or indirectly from the data subject. This is often personal data that data subjects already are familiar with, i.e., things they already know about themselves. Unclear, however, is to what extent ascribed personal data, such as inferred data and categories or profiles in which data subjects are placed by data controllers, are within the scope of these rights. Such ascribed personal data often concerns novel information, generated by data controllers, and includes insights into how controllers view and assess them, which may have practical and legal impact on data subjects. Given these characteristics, the ascribed personal data may be much more interesting to data subjects, so it appears beneficial, from the policy perspective, to have this novel information included in the scope of data subject rights. If data subject rights do not apply to inferred data and profiles, invoking these rights is unlikely to be informative and provide meaningful information for data subjects, particularly in complex, digital environments. However, if data subject rights do apply to inferred data and profiles, the scope of these rights may be hard to delineate and they may quickly interfere with rights and freedoms of others, including trade secrets of data controllers and privacy rights of other data subjects. In this article, we investigate the implications of applying data subject rights to inferred data and profiles. For each data subject right in the GDPR, we assess which types of personal data could and perhaps should be in scope, based on grammatical and teleological legal analyses as well as practical considerations. While the area of data subject rights received significant academic attention in the past years, our article contributes to the discussion by providing a systematic, holistic framework to consider the scope of the rights in relation to ascribed data.

Muddy waters: on the problematic political ecology of the Atrato ruling, Colombia

ABSTRACT In this article we consider the problematic political ecology of the 2016 legal ruling on the subject rights of the Atrato River in Colombia. Using the innovative idea of bio-cultural rights, the sentence aimed through a series of mandates to address the human rights crisis surrounding the river. Drawing on data and insights from field research and interviews carried out in 2022 and 2023, the article adds significant new data uncovering the complexity of the political, social and institutional setting of the sentence stretching from the river to the seat of government in Bogotá. Our qualitative research tempers some existing assumptions of an ontological shift by providing a thicker description of the ontological clashes, overlaps and practical challenges met by efforts to implement the ruling. The article argues that the everyday challenges out compete the practical significance of the bio-cultural rights introduced by the sentence. The Atrato ruling has resulted in important new legal understandings and mandated significant changes to the governance and monitoring of the river, but seven years on from the ruling violence, insecurity and pollution have increased in the watershed instead of being reduced.

Конституционное право на пересмотр судебных решений по уголовным делам: содержание, новые реалии

The article attempts a doctrinal interpretation of the provisions of Part 3 of Article 50 of the Constitution of the Russian Federation on the right of everyone to have a sentence revised by a higher court. The key properties of this subjective right, arising from the meaning of the Basic Law of the country, are given, and numerous legal positions of the Constitutional Court are analyzed, aimed at its consistent implementation in current legislation and law enforcement practice. The authors point to the obvious achievements of the domestic judicial system in ensuring the legality and fairness of acts of justice in criminal cases, and reflect on the current challenges of the current stage of development of constitutional and legal relations in the area under consideration.

Protecting the rights of judges: the judgments of the European Court of Human Rights in Juszczyszyn v Poland and Tuleya v. Poland

This article examines two rulings of the European Court of Human Rights on the rights of independent Polish judges in Juszczyszyn v. Poland and Tuleya v. Poland, focusing on two key aspects. First, it addresses the Court’s finding that the Polish authorities aimed to undermine judicial independence and deter the applicants from questioning the Government’s controversial judicial reforms. Secondly, it explores the potential evolution of the case law of the European Court of Human Rights regarding recognising the subjective right of judges under Article 6 of the European Convention on Human Rights to have their independence protected and respected by the State. The article also discusses problems concerning implementation of the two judgments.

Affect of Features of a Microorganism Strain on a Scope of Exclusive Rights

Introduction. A launch of larger number of pharmaceutical preparations based on recombinant products and biotechnologies leads to determine a strategy for protection of exclusive rights for subjects implemented into manufacturing process, including strains of microorganism-producers.Aim. To define a possibility and a protection scope of microorganism strain as intellectual property subjects at a step of research, development and launch of pharmaceutical preparations, including biotechnological products.Materials and methods. The materials of the study were available publications in peer-reviewed journals on thematic queries based on keywords of the selected topic, official websites, regulatory legal acts, regulating the procedure for patenting subjects in the Russian Federation and foreign countries.Results and discussion. A brief review of regulatory acts on registration of a strain as an intellectual property subject is presented. It was defined features of a microorganism strain for patenting and for establishing an infringement of patent rights in the territory of Russian and foreign countries. A possible scope of patent rights for strains is indicated.Conclusion. The problems raised upon protecting strains as intellectual property subjects as well as possibilities of strain registration as exclusive right subjects are defined.

Patients' knowledge, preferences, and perspectives about data protection and data control: an exploratory survey.

Background: In the European Union, the General Data Protection Regulation (GDPR) plays a central role in the complex health research legal framework. It aims to protect the fundamental right to the protection of individuals' personal data, while allowing the free movement of such data. However, it has been criticized for challenging the conduct of research. Existing scholarship has paid little attention to the experiences and views of the patient community. The aim of the study was to investigate 1) the awareness and knowledge of patients, carers, and members of patient organizations about the General Data Protection Regulation, 2) their experience with exercising data subject rights, and 3) their understanding of the notion of "data control" and preferences towards various data control tools. Methods: An online survey was disseminated between December 2022 and March 2023. Quantitative data was analyzed descriptively and inferentially. Answers to open-ended questions were analyzed using the thematic analysis method. Results: In total, 220 individuals from 28 European countries participated. The majority were patients (77%). Most participants had previously heard about the GDPR (90%) but had not exercised any of their data subject rights. Individual data control tools appeared to be marginally more important than collective tools. The willingness of participants to share personal data with data altruism organizations increased if patient representatives would be involved in the decision-making processes of such organizations. Conclusion: The results highlighted the importance of providing in-depth education about data protection. Although participants showed a slight preference towards individual control tools, the reflection based on existing scholarship identified that individual control holds risks that could be mitigated through carefully operationalized collective tools. The discussion of results was used to provide a critical view into the proposed European Health Data Space, which has yet to find a productive balance between individual control and allowing the reuse of personal data for research.

Analysis of Legal Protection and Ethical Study in Health Research with Humans as Research Subjects Reviewed from the Republic of Indonesia Law Number 17 of 2023 Concerning Health

Legal protection is the right of every legal subject. Ethics and morality are always linked to freedom and responsibility. Ethics imposes moral obligations on humans, which differ from obligations in legal norms; these moral obligations do not have binding force for enforcement. Moral norms are autonomous, and their enforcement cannot be compelled through external efforts (such as by authorities). Explicitly, Law number 17 of 2023 Regarding Health does not regulate legal protection for humans as research subjects. The purpose of this research is to understand legal protection and ethical considerations, examining the provisions of Law number 17 of 2023 Regarding Health concerning humans as research subjects. The method used in this research is a type of normative juridical research and a statute approach research method (legislative provisions approach). The legal materials used include primary legal materials from Law number 17 of 2023 Regarding Health and secondary legal materials such as journals, books, and other media. The research findings indicate that Law number 17 of 2023 Regarding Health does not explicitly regulate legal protection for humans as research subjects. However, in all health research involving humans as research subjects, researchers must obtain consent after providing an explanation (Informed Consent). In Law number 17 of 2023 Regarding Health, reliance is placed on three general ethical principles: respecting human dignity (respect for person) aimed at honoring autonomy and protecting individuals whose autonomy is compromised/limited, doing good (beneficence) and not causing harm (nonmaleficence), and justice. Keywords: Legal Protection, Ethics, Health Research

Особенности режима обжалования определений судов в гражданском судопроизводстве

The work is devoted to the study of legislative and law enforcement restrictions on challenging individual court rulings. It has been established that legal facts, including deadlines, and subjective rights are used as means of legal regimes in this case, in particular. These funds have a significant stimulating or disincentive effect on participants in the proceedings. In addition, the lack of legal regulation may have an impact on the participants in the process. As an example, the article considers the appeal of the ruling on the abandonment of the statement of claim without motion and on the transfer of the case by jurisdiction. The author comes to the conclusion that today there is a regime of unfavorable appeal of court rulings. As a result, there are abuses of the participants in the process, red tape on the part of the court. The solution to these problems is the establishment of disciplining and enforceable deadlines on the part of the participants, taking into account the interests of the participants in the formulation of their rights, as well as individual legal structures.

Methodological Basis for Systematization of Objects of Civil Rights: Problem Statement

Relevance. The development of the latest information, biomedical and other technologies has determined the emergence of new benefits to which the interest of subjects of civil law is directed, which determines the vivacity of the scientific assessment of their essence and legal nature. Objects of civil rights require comprehensive research not only within the scope of their qualifications, but also in the context of systemic analysis. The main methodological problem is the lack of a systematic approach to the presentation of the normative provisions of the current civil legislation regulating the objects of civil rights, as well as certain methodological omissions at the doctrinal level regarding the conceptual basis for systematizing the objects of civil rights. The purpose of the study is to establish the methodological basis for systematizing the objects of civil rights. Objectives: analyze legislative and doctrinal approaches to building a system of objects of civil rights, identify their shortcomings and ways to eliminate them. Methodology. When writing the work, the method of analysis and synthesis, induction and deduction, general logical techniques and tools of the systems approach were used. Results. It is substantiated that effective legal regulation cannot be carried out by simply listing the objects of civil rights and/or enshrining the legal regime of some of them in legislation in isolation from other elements of the mechanism of legal regulation. Conclusions. As a methodological basis, the use of a systematic approach is substantiated, which will allow establishing criteria for classifying an object as an object of civil rights, determining its legal regime, providing a special procedure for regulation, conditions and procedure for the emergence, implementation and termination of subjective rights, the object of which is such an object of civil law, their protection.

Rights of personal data subjects as a component of information human rights

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.
 The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.

Contents of the objective of the legal mechanism for the social protection of judges in Ukraine

This article seeks to elucidate the actual content and objective of the legal mechanism for the social protection of judges in Ukraine. The author explores the socio-legal significance of this legal mechanism and emphasises the importance of clearly understanding its purpose. It is posited that the objective of the legal mechanism for the social protection of judges manifests itself principally in two key contexts. Firstly, the objective of this legal mechanism is to fulfill the specific interests of judges, society, and the state in various sectors of social life. This is achieved by addressing judges’ needs for social protection, practically realised when the goal of social protection for this group of workers is met. Secondly, the aim of the legal mechanism for judges’ social protection is defined by its focus on ensuring lawful normative interactions among entities responsible for providing judges’ social protection, both among themselves and with the judges, as well as amongst judges themselves. This is done to safeguard their right to social protection and to facilitate the actualisation of this subjective right. Considering these factors, it is concluded that the objective of the legal mechanism for the social protection of judges in Ukraine should be regarded as the establishment and upkeep of optimal conditions for the functioning of the social protection system for this specific group of workers. This ensures the proper achievement of the social protection goal for judges, including those who are retired. In light of this, the author deduces that the legal mechanism in question effectively operates as a specialised mechanism for guaranteeing an adequate level of social security for judges in Ukraine. In the article’s conclusion, the study’s findings are summarised, and it is highlighted that the conceptual essence of the legal mechanism for judges’ social protection, as embodied in its objective, demonstrates that this mechanism is a vital component of Ukraine’s socio-legal regime. This mechanism is instrumental in ensuring the social security of Ukraine, as well as the legal regime for the country’s overall national security.

Arbitration of commercial disputes in the Republic of Kazakhstan and Europe: Issues of theory and practice

Relevance. The relevance of the study is due to the need to resolve problems related to the alternative settlement of economic disputes in Kazakhstan.Purpose. The purpose of the study is to conduct a detailed analysis of the activities of the institute of arbitration in accordance with the current legislation.Methodology. Among the methods used, it is worth noting logical analysis, functional analysis, dogmatic, legal hermeneutics, deduction, induction, and others.Results. The study revealed that this legal institute provides an opportunity for subjects of commercial legal relations to control dispute resolution independently; it also has a number of advantages in comparison with state judicial instances. The main organisations that implement arbitration proceedings in Kazakhstan were considered. The regulatory framework that governs arbitration in the Republic was also examined. It was noted that the main problematic aspects of the functioning of the institute of arbitration in Kazakhstan are related to the delimitation of competence, cancellation of the arbitration agreement, securing a claim, recognition and enforcement of the arbitration agreement. A comparative legal analysis of commercial dispute arbitration in Kazakhstan and Europe was conducted. In particular, the experience of such countries as Great Britain, France, Germany, Poland, Switzerland, Sweden, and others was investigated.Conclusions. The practical value of the results obtained consists in providing recommendations that will improve the effectiveness of one of the most important legal institutes, increase the level of trust and credibility of arbitration in Kazakhstan before foreign persons, and provide a more guaranteed mechanism for ensuring the right of subjects to choose a method of resolving a commercial dispute.

К вопросу о цифровых финансовых активах

The article defines and considers a range of individual problems related to the functioning of digital financial assets. The features of the issue, accounting and circulation of digital financial assets are noted. It is concluded that the legal facts underlying the emergence of monetary claims for digital financial assets may be different depending on which equity securities are to be issued in the form of a digital financial asset. The measures of protection of the rights and legitimate interests of purchasers of digital financial assets provided for by the law and regulations of the Bank of Russia are considered. The problem of protection of copyright holders of digital financial assets is touched upon. It is concluded that since digital financial assets are not actually a new object of civil rights, but represent a digital way of fixing binding, corporate rights, their protection should be carried out taking into account legal features and the type of relevant subjective right.